机关犯罪立法之反思

1997年刑法典把国家机关规定为犯罪主体,是立法者在积极政治观指导下高估立法能力和司法能力的产物。从消极政治观、刑法的谦抑性以及机关犯罪本身的内在缺陷等方面来看,应取消机关犯罪,把机关排除在犯罪主题之外。     

TRAJECTORIES OF CRIME AT PLACES: A LONGITUDINAL STUDY OF STREET SEGMENTS IN THE CITY OF SEATTLE*

Studies of crime at micro places have generally relied on cross‐sectional data and reported the distributions of crime statistics over short periods of time. In this paper we use official crime data to examine the distribution of crime at street segments in Seattle, Washington, over a 14‐year period. We go beyond prior research in two ways. First, we view crime trends at places over a much longer period than other studies that have examined micro places. Second, we use group‐based trajectory analysis to uncover distinctive developmental trends in our data. Our findings support the view that micro places generally have stable concentrations of crime events over time. However, we also find that a relatively small proportion of places belong to groups with steeply rising or declining crime trajectories and that these places are primarily responsible for overall city trends in crime. These findings are particularly important given the more general decline in crime rates observed in Seattle and many other American cities in the 1990s. Our study suggests that the crime drop can be understood not as a general process that occurred across the city landscape but one that was generated in a relatively small group of micro places with strong declining crime trajectories over time.     

生产、销售伪劣产品罪争议问题探讨

关于生产、销售伪劣产品罪的犯罪客体、客观方面的销售金额、犯罪主观方面以及该罪与假冒注册商标罪、销售假冒注册商标的商品罪的竞合等问题,理论与实践中一直存在着不同的观点。本文结合刑法规定与司法解释,对于不同的观点进行了分析与比较,相应提出了笔者自己在上述问题上的立场。     

High‐Performance Human Resource Practices and Employee Outcomes: The Mediating Role of Public Service Motivation

This article responds to recent calls for research examining the mechanisms through which high‐performance human resource practices (HPHRPs) affect employee outcomes. Using the theoretical lens of social exchange and process theories, the authors examine one such mechanism, public service motivation, through which HPHRPs influence employees’ affective commitment and organizational citizenship behaviors in public sector organizations. A sample of professionals in the Egyptian health and higher education sectors was used to test a partial mediation model using structural equation modeling. Findings show that public service motivation partially mediated the relationship between HPHRPs and employees’ affective commitment and organizational citizenship behaviors. Similar results were achieved when the system of HPHRPs was disaggregated to consider the individual effects of five human resource practices.     

Implementing Democratic Equality in Political Parties: Organisational Consequences in the Swedish and the German Pirate Parties

This article theorises and empirically assesses some important intra‐organisational implications of maximising democratic equality in political parties both between followers and members and between members and elites. They include weak member commitment, passivity of the rank‐and‐file membership and – depending on party structure – high levels of internal conflict. To substantiate the arguments, two parties that implement principles of democratic equality in their organisations are examined: the Swedish and German Pirate parties. These cases show, first, that while organisational structures implementing norms of equality allowed them to rapidly mobilise a considerable following, the same structures systematically reduced their capacity to consolidate support in the longer term – a weakness that might eventually put these parties' survival at risk. Second, they show that differences in the extent to which subnational units provide a foundation for member mobilisation helps to explain variation in the level of internal conflict experienced by these parties.