程序利益保障论

程序利益是当事人通过程序得到的对其尊严、平等和自由的维护,以及金钱、时间和精力的节省,包括精神程序利益和物质程序利益。保障当事人的程序利益,首先是宪法的要求,同时也是诉权保障和解决纠纷的需要。程序利益和实体利益之间、精神程序利益和物质程序利益之间存在冲突,合理的程序制度必须建立在平衡上述冲突的基础之上。精神程序利益的充分保障,关键在于提高程序公正的水平;而对物质程序利益的充分保障,则需要诸如构建小额诉讼程序、改造督促程序、扩大程序选择权等多方面的制度创新或改良。     

Randomized experiments in criminology: What have we learned in the last two decades?

This paper aims to review randomized experiments in criminology with offending outcomes and reasonably large numbers that were published between 1982 and 2004. A total of 83 experiments are summarized, compared with only 35 published between 1957 and 1981: 12 on policing, 13 on prevention, 14 on corrections, 22 on courts, and 22 on community interventions. Randomized experiments are still relatively uncommon, but there have been more large-scale multi-site experiments and replication programs. There have also been several experiments in which 100 or more places were randomly assigned. Relatively few experiments (only 10 out of 83) were conducted outside the United States. Meta-analyses suggest that prevention methods, correctional therapy, batterer programs, drug courts, juvenile restitution and deterrent policing were effective in reducing offending, while Scared Straight and boot camp programs caused a significant increase in offending.     

Analyzing linked systems of negotiations

This article presents a conceptual framework for analyzing the structure and dynamics of what the authors call linked systems of negotiations. Even such seemingly straightforward transactions as the purchase of a family car tend to involve linked negotiations. The framework highlights the importance of internegotiation processes in shaping Zones of Possible Agreement, and proposes a typology of linkage. By mapping out and reengineering linked systems, negotiators can enhance their ability to shape the structure within which their negotiations take place.