再论过失犯罪刑事责任的根据

本文分析了大陆法系过失犯罪刑事责任的根据 ,旧过失论是建立在心理责任论和道义责任论基础上的 ,新过失论主要采取了规范责任论。我国刑事责任的根据有三层 :正义根据 ,本质根据和法律根据 ,并以此为指导讨论了我国过失犯罪责任根据的有关问题。     

General job stress and job-specific stress in juvenile correctional officers

Measures of general job stress (Job Stress Index—JSI; Sandman, 1992) and appraisal of specific job-related stressors (SSOSQ; Anson et al., 1997) were administered to 413 juvenile correctional officers (JCOs) and to eighty-four of their supervisors. JCOs evaluated their work environment as more stressful on the JSI than workers in the normative sample on every job stress dimension except ‘time pressure’. The highest stress intensity score was in the area of ‘competence of others’, however, the highest score relative to workers in other vocations was for ‘physical demands and danger’. JCOs who had been employed longer and had higher educational attainment had higher JSI scores; no JSI differences were found as a function of JCO race or gender. Supervisor rankings of sources of stress for themselves were virtually identical to those of JCOs, although overall stress intensity ratings were significantly lower for supervisors. On the more job-specific SSOSQ, lack of support by agency, long hours, and inadequate tools for the job eclipsed physical danger as stressors. On this measure, non-Caucasians and those with longer tenure on the job had higher stress scores, particularly in the area of physical danger; females versus males reported higher stress stemming from lack of support by agency and everyday job duties. Supervisors rated JCOs' work environment as more stressful than JCOs did themselves, but rankings of stressors by JCOs, supervisors, and by adult officers in Anson et al.'s sample were not significantly different, indicating generalizability to a wide range of correctional settings. Findings are discussed in terms of implications for development of stress management interventions oriented around increasing officers' autonomy and sense of control.     

Procedural Justice and Conflict Management at School

In this research, we explored the contributions of perceived procedural justice (PPJ) to the conflict management behaviors of adolescents when they experience conflict with their teachers. We tested an extensive model to determine how PPJ contributes to conflict management. We also extended research on PPJ to examine its impact on adolescents. Our results, acquired from a large and diverse sample of 256 high school students, indicate that PPJ had an impact on adolescents' approach to managing conflicts with their teachers. Students who perceived that their teachers' decision processes were just were less dominating and more avoiding, obliging, and compromising. In addition, we found that students' perceptions about the legitimacy of their teachers' authority mediated the relationships between PPJ and conflict management style. This study contributes to the rather scarce research on PPJ's role in conflict management and should be useful for educators searching for constructive, relationship‐based tools for conflict management.     

调适公共行政过程中理性冲突的协商民主思维方式——以处理群体性事件为例

当前我国正面对日益严峻的社会矛盾冲突形势,处于转型期的政府为了维稳就必须制定应对方案。面对频发的群体性事件,要均衡社会政治稳定、发展与民众利益、诉求之间关系,政府在公共行政过程中自然经常面临价值理性和工具理性的冲突。而协商民主这一新的民主理论范式,将原本局限于选举环节的民主拓展到公共行政和决策领域,有利于妥善处理群体性事件,既能充分维护稳定的社会政治局面,又保障了公民正当的利益、诉求的实现。     

Agrarian conditions in Luzon prior to martial law

Abstract

One hot day in May 1970, I sat with several villagers on a dusty road in the village (barrio) of San Ricardo in Central Luzon. The peasants had been describing how arduous life was and how difficult it was to do anything politically to improve the situation. Then one peasant who was a member of the MASAKA, a local peasant union, said “You know, we in the MASAKA wouldn't be totally surprised if martial law were declared in order to wipe out groups like ours who are seeking justice for people.” This was a prophetic statment indeed—said over two years before martial law in fact was declared. In order to understand better the statement and those who believed it, one must understand some major aspects of rural conditions in Luzon since World War II.