论法律的安定性

法律安定性不仅是法律自身的逻辑自恰性、连续性和体系化,更应该从法律与社会生活的适应关系中去理解。法律须被明确规定、实用而且保持相对不变,否则,法律平等、合目的性将无法实现。在转型社会法律安定性是在应对法律移植与本土资源、法律与方法和法外空间等紧张关系中实现的。     

论文化矛盾与社会稳定的关系

文化矛盾是指社会思想文化领域内和人们的精神世界中的矛盾和冲突,它本质上是社会物质利益矛盾的反映,但又具有自身的相对独立性,通常表现为人们的信仰、思维、观念、意识、心理、情感等方面的一系列矛盾和冲突。文化矛盾和文化冲突是影响社会稳定的一个特殊而关键的因素,是引起社会动荡的内在诱因。全球化进程中的文化冲突和我国社会转型时期的文化矛盾,已对我国社会稳定和国家安全构成不容忽视的影响。化解文化矛盾,必须提高领导和工作艺术,正确处理实践运作中的一些重大关系。     

从一起行政案件看信赖保护原则

《行政许可法》第一次通过立法明确了信赖保护原则,必将对我国政府的执法理念、执法方式以及行政相对人合法权益的保护带来深刻的影响。     

The Structure and Stability of Externalizing and Internalizing Problem Behavior During Early Adolescence

The first aim of this study was to examine the structure of externalizing and internalizing problem behavior during early adolescence. Our second aim was to determine the stability of these problems for boys and for girls over time. A total of 650, 13–14-year-olds filled out (an expanded version of) the Youth Self-Report [YSR; Manual for the Youth Self-Report and 1991 Profile. Department of Psychiatry, University of Vermont, Burlington] 2 times with a 1-year interval. By using confirmatory factor analyses (CFA) to test a series of competing models, a hierarchical model provided the best representation of the structure of problem behavior at both Time 1 and Time 2: externalizing and internalizing problem behavior represent distinct aspects but the model also demonstrates the existence of comorbidity at a higher level. This model appeared to be stable over time for both boys and girls. The relative stability of problem behavior was found to be high for boys and girls. Absolute stability for both externalizing and internalizing problems appeared to be higher for boys scoring in the lower range of problem behavior. Senior Researcher, Utrecht University, The Netherlands. Received PhD in social sciences, University of Amsterdam. Major research interests include problem behavior, family relations, and peer relations during adolescence. Full Professor, Utrecht University, The Netherlands. Received PhD in social sciences: child and family studies, from University of Nijmegen. Major research interests include adolescent social development, problem behavior, and family relations during adolescence. Assistant Professor, University of Amsterdam, The Netherlands. Received PhD in psychology, University of Amsterdam. Major research interests include family influence on childhood illness and problem behavior.     

Mediators of the Relation Between Beliefs in a Just World and Emotional Responses to Negative Outcomes

Research shows that strong believers in a just world respond with less negative and more positive emotion to their own negative outcomes than do weak believers. The present study investigated mediators of this relation. We proposed that strong believers in a just world (versus weak believers) would make stronger internal and weaker external attributions for their negative outcomes, leading to reduced perceived unfairness, which, in turn, was expected to lead to less negative and more positive emotion. We assessed the just world beliefs of a sample of undergraduates as well as measuring their cognitive and emotional responses to an exam grade. Mediational analyses showed that our data were consistent with the processes proposed above. Various cognitive and motivational interpretations of the present findings are discussed     

改革是社会主义中国的强国之路——邓小平改革理论探析

改革是邓小平理论最重要的内容,是决定当代中国命运的历史性决策,是新时期我国最鲜明的特征。本文系统探讨分析了邓小平关于我国社会主义改革的必然性、迫切性,改革的对象、目标和性质,以及改革同发展与稳定的关系。这对于深入学习邓小平理论,深化我国改革具有重要的现实意义。     

Assessing Stability and Change in Criminal Offending: A Comparison of Random Effects, Semiparametric, and Fixed Effects Modeling Strategies

An important theoretical problem for criminologists is an explanation forthe robust positive correlation between prior and future criminaloffending. Nagin and Paternoster (1991) have suggested that the correlationcould be due to time-stable population differences in the underlyingproneness to commit crimes (population heterogeneity) and/or thecriminogenic effect that crime has on social bonds, conventionalattachments, and the like (state dependence). Because of data andmeasurement limitations, the disentangling of population heterogeneityand state dependence requires that researchers control for unmeasuredpersistent heterogeneity. Frequently, random effects probit models havebeen employed, which, while user-friendly, make a strong parametricassumption that the unobserved heterogeneity in the population follows anormal distribution. Although semiparametric alternatives to the randomeffects probit model have recently appeared in the literature to avoid thisproblem, in this paper we return to reconsider the fully parametric model. Viasimulation evidence, we first show that the random effects probit modelproduces biased estimates as the departure of heterogeneity from normalitybecomes more substantial. Using the 1958 Philadelphia cohort data, we thencompare the results from a random effects probit model with a semiparametricprobit model and a fixed effects logit model that makes no assumptions aboutthe distribution of unobserved heterogeneity. We found that with this dataset all three models converged on the same substantive result—evenafter controlling for unobserved persistent heterogeneity, with models thattreat the unobserved heterogeneity very differently, prior conduct had apronounced effect on subsequent offending. These results are inconsistentwith a model that attributes all of the positive correlation between priorand future offending to differences in criminal propensity. Sinceresearchers will often be completely blind with respect to the tenabilityof the normality assumption, we conclude that different estimationstrategies should be brought to bear on the data.     

Procedural justice at German courts as seen by defendants and juvenile prisoners

The article summarizes German research on procedural and distributive justice at criminal courts. The first German field studies addressing these topics are presented. Procedural justice characteristics like neutrality, courtesy, equal consideration of evidence, voice, and fairness of procedural rules are relevant for Germans. A study on juvenile prisoners shows no support for equity theory and some for the Group Value model. Lay assessors receive positive evaluations by juvenile prisoners.     

非政府组织发展与我国社会稳定的关系

改革开放以来，我国非政府组织如雨后春笋般蓬勃发展，在促进基层民主政治建设、社会治理、经济建设等方面发挥了积极作用，取得了显著成绩，日益引起社会各界的关注。特别是在应对灾变、群体性事件等突发事件中所充当的“第三方”的重要角色，使得非政府组织在维护社会稳定过程中的重要性日益凸现。但其消极影响也逐步显现出来，在某种程度上成为我国政府社会治理工作面临的一项新挑战。     

Distributive Justice Norms and Family Work: What Is Perceived as Ideal,What Is Applied,and What Predicts Perceived Fairness?

Members of married couples rated how ideal communal, exchange, and equality rules were for their marriages. They also reported on whether they and their spouses followed each norm in general in their marriages and in the domains of housework and child care. Both men and women considered a communal norm to be more ideal than the other norms and reported that they and their spouse followed a communal norm to a greater extent than an exchange or equality rule, both in general and in the domains of housework and child care. In addition, links between reports of actual division of labor in each domain, as well as reports of norm use, and perceived fairness of the division of family work were examined. Greater inequalities in the division of labor were linked to decreased perceptions of fairness. Controlling for reports of division of labor, women's reports of the self and of the spouse following a communal norm were linked with increased perceptions of fairness as were women's reports of the spouse following an equality rule. In contrast, and again after controlling for reports of division of labor, women's reports of the self following an exchange rule and men's reports of the self and of the spouse following an exchange rule were associated with greater perceived unfairness of the division of family work.