意向书的法律效力探析

意向书在我国交易实践运用广泛,但其法律效力并不确定,理论上也并无深入研究。国外学者多从案例分析入手研究意向书的效力,取得一定成果,值得借鉴。根据意向书的内容和当事人的意思,实践中经常使用的意向书包括完全有约束力、部分内容有约束力和完全没有约束力三种类型。意向书完全有约束力的条件是内容具体确定和当事人有受约束的意思;意向书包含的程序性条款通常有约束力;内容不确定或(和)没有受约束的意思,或者包含排除约束力的条款时,意向书没有约束力。     

‘Joe everyday,people off the street’: a qualitative study on mediators’ roles and skills in victim–offender mediation

This qualitative study examined multiple perspectives of participants who experienced a Victim–Offender Mediation (VOM) program in a Midwestern city in the United States. Of particular interest are the roles and skills of mediators. Data consisted of 34 face‐to‐face interviews with 37 participants including adult crime victims, juvenile offenders and their parents, mediators and representatives from referring agencies. Insider perspectives regarding the roles and skills of the mediators in restorative processes were revealed through personal stories. Although the majority of the participants reported that the roles and skills of mediators were consistent with restorative justice principles, this exploratory study also revealed that some roles and skills exhibited by mediators were inconsistent with restorative justice values, which shows the variance of ‘real world’ restorative justice. Recommendations are made to promote mediators’ roles and skills that are compatible with restorative justice principles.     

Social Ties, Collective Efficacy and Perceived Neighborhood Property Crime in Guangzhou, China

This study aims to (1) explore perceptions of property crime at the neighborhood level and their correlates based on a random sample from Guangzhou, China and (2) assess the applicability of collective efficacy theory in contemporary urban China. Since the data used in this study are multilevel and the dependent variable is dichotomous, a generalized hierarchical linear model was used for analysis of the data. This study reveals that both community structural variables (residential stability and poverty) and community process variables (social ties, collective efficacy and semi-formal control) were found to affect individuals’ perceptions of neighborhood property crime in Guangzhou. However, communities in Guangzhou are different from those in big cities in the US. This is evidenced by several findings in this study: (1) poorer communities in Guangzhou were not associated with lower levels of formal and informal control; (2) communities with higher levels of residential mobility were neither linked to higher levels of poverty nor disorganization; and (3) the correlation between residential stability and perceived neighborhood property crime was not mediated by community processes.     

Group size does matter: differences among sexual assaults committed by lone,double, and groups of three or more perpetrators

ABSTRACT

We compared a total of 340 sexual assault cases based on offender characteristics, victim characteristics, and offence behaviours to identify differences among sexual assaults committed by lone, double, and groups of three or more perpetrators in South Korea. Several differences were found among sexual assaults committed by varying numbers of offenders. First, lone, double, and groups of three or more perpetrators differed with respect to age, marital status, and employment status. Second, substantial differences in victim characteristics were observed with respect to age and the victim–offender (v–o) relationship. Third, significant differences in offence behaviours, including offence type, planning, method of approach, knife possession, and stealing property, were found. Furthermore, we identified several variables that significantly predict group size using logistic regression analyses. The study has theoretical implications for understanding how group dynamics influence the behaviours of rape perpetrators, and practical implications for victim treatment and offender intervention.     

The tax-welfare mix: explaining Japan's weak extractive capacity

Abstract

Despite having the highest level of public debt in the Organisation for Economic Co-operation and Development (OECD), higher than Greece or Italy, Japan has one of the lowest aggregate tax burdens of the advanced industrial democracies. This paper asks why Japan, once described as a strong developmental state, has had such a weak extractive capacity, an inability to raise revenues to confront deficits and public debt? In contrast to the existing explanations that focus on political institutions, partisan preferences, or economic globalization, this article argues that Japan's ‘tax–welfare mix’ – the combination of taxes and redistributive welfare polices – undermined the state's long-term capacity to secure adequate tax revenue. More than just a source of revenue, taxes can be used directly to achieve redistributive goals, such as targeting low taxes and exemptions to specific groups. This study shows how Japan's tax–welfare mix diminished its extractive capacity through three mechanisms: the political lock-in of a redistributive social bargain struck around low taxes, the timing and sequencing of its tax policy and welfare development, and the erosion of public trust, which undermined tax consent. Beyond offering a new theory of extractive capacity, the tax–welfare mix explains aspects of Japan's tax structure that defy existing explanations and contributes to our understanding of the capitalist development state by highlighting the redistributive political function of tax policy and its long-term impact on state capacity.     

公务员非正常退出社会保障政策研究

社会保障是保障人民生活、调节社会分配的一项基本制度。公务员非正常退出是指公务员因为自身的过失或者错误而发生的被动退出行为,包括辞退和开除两种形式。公务员非正常退出后如何进入社会保障体系,近期目标是稳步推进公务员非正常退出后社会保障机制的完善;中期目标是以公务员非正常退出后社会保障政策完善为契机,畅通出口,加强公务员队伍管理;长期目标是持续加强公务员退出社会保障机制建设,稳步推进公务员社会保险改革。     

Nationalism,Confucianism, work ethic and industrialization in South Korea

The “economic miracle” of South Korea has been well documented by many scholars, but most studies have focused on the cooperative relations between the state and entrepreneurial elites, with little attention being given to the accomplishments and contribution of Korean labor to industrial development. To date there has been no comprehensive sociological study as to how workers in South Korea were “ideologically” mobilized and motivated to commit their labor power to the process of industrialization. In an attempt to redress this imbalance, this article offers an analysis of the role of Confucianism and nationalism in the state-sponsored ideology of work in South Korea during its economic boom of the 1960s and 1970s. It is argued here that both the workers' voluntary participation in industrial work and the harmony in the workplace, which were two of the most essential factors in the nation's remarkable economic success during the 1960s and 1970s, were intimately linked to a new ideology of work and entrepreneurship which combined nationalism and pro-growth Confucian precepts. The article will thus sociologically examine ways in which ideas about work in South Korea have incorporated nationalist ideals and Confucianism, and analyze the relevance of this ideology of work to the nation's phenomenal economic growth.     

Political suicide among Korean youth

Abstract

A striking aspect of the South Korean political protest movement of the 1970s, 1980s, and early 1990s was the frequent self-immolation of young Korean activists. This trend toward political suicide—politically motivated voluntary death—began with the laborer Chun Tae-il's suicide in 1970 and increased dramatically in the late 1980s and early 1990s. It is estimated that in the 1980s alone nearly one hundred young Koreans put an end to their lives as a form of antigovernment protest! This article explores why so many young people in Korea have chosen to take their own lives in this way.     

Relation of Kinetic Energy to Contact Wounds of the Head by Centerfire Rifles and Shotgun Slugs

Wounds of high‐energy centerfire rifles and shotguns represent distinctive injuries of forensic importance. Previous studies of contact wounds have shown variability in the potential of these weapons to produce bursting wounds of the head. The present study analyzed contact head wounds owing to 26 centerfire rifles and nine shotgun slugs and compared them with respect to weapon, ammunition, entry wound site, and projectile kinetic energy. The bursting effect, defined for this study as disruption of at least 50% of the head, occurred in 25/35 of cases and was related to kinetic energy. Bursting was associated with energies <2700 ft‐lbs in 12/22 cases and energies >2700 ft‐lbs in 13/13 cases. The volume of gunpowder gas injected into the wound was considered as contributing to the bursting phenomenon. There was no relation of bursting to the specific entrance wound site, type of ammunition, or projectile fragmentation.     

Sexual Assault Resource Availability on Texas Higher Education Campuses: A Web Site Content Analysis

Sexual assault prevention and response remains a high priority for U.S. higher education institutions. Indeed, federal legislation and a recent White House task force have reiterated the importance of protecting college students from victimization during their tenure in postsecondary education. Informed by Eisenberg, Lechner, Frerich, Lust, and Garcia's (2012) content analysis, the current study uses a modified College Resources and Sexual Health (CRaSH) inventory to examine the status of 74 Uniform Crime Reports–reporting higher education institutions in Texas. Doing so assesses prevention, resources, response, and aftercare for victims of sexual assault. Findings demonstrate a primary reliance on target-hardening strategies, health clinics, and law enforcement responses, often to the neglect of advocacy, crisis intervention, and educational programs. Directions for research are discussed, and best practices in programming implementation to augment existing strategies are suggested.