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911.
在道路交通安全问题上,存在着行人、非机动车一方的通行安全利益与机动车方的快速、畅通利益之间的冲突.立法者应当基于现代法治、人权的理念,通过合理分配道路交通事故的风险责任以平衡双方的利益,最终实现社会利益的最大化,进而达到维护良好交通秩序的目的. 相似文献
912.
立法活动不能仅着眼于迎合眼前的民意要求,而要从长远角度理性地看待民意,并参考社会治理的经验和犯罪成长的规律。从短期看,危险驾驶入罪化符合打击酒驾泛滥的现实需要,符合风险社会的犯罪预防理念。但从长远看,我国危险驾驶罪“拘役并处罚金”的刑罚设置并不科学,势必会衍生一系列问题。建议在当前立法框架下对危险驾驶罪加强司法控制。 相似文献
913.
Julien Etienne 《Regulation & Governance》2015,9(4):309-324
The factors explaining decentralized enforcement – the monitoring and reporting of illegalities in organizations by employees – remain poorly understood. This article contributes to filling this gap by presenting a study of employee reports to regulatory authorities of incidents that have taken place in British and French high hazard industries. The article distinguishes between two different registers of “quiet” and “loud” reporting, reflecting the varying echo of employee reports, as intended either by employees themselves or by other stakeholders. The study finds quiet reporting to be widespread in the UK, while loud reporting was salient in France only. The contrast can be explained by making reference to the relationships between unions, regulators, and managers, and the history and institutions of industrial relations that shaped them in particular ways in each country. The comparison suggests also that whistleblower protection legislation has played little role in encouraging reporting. 相似文献
914.
This paper explores the nature of expert knowledge-claims made about catastrophic reactor accidents and the processes through which they are produced. Using the contested approval of the AP1000 reactor by the US Nuclear Regulatory Commission (NRC) as a case study and drawing on insights from the Science and Technology Studies (STS) literature, it finds that the epistemological foundations of safety assessments are counterintuitively distinct from most engineering endeavors. As a result, it argues, those assessments (and thus their authority) are widely misconstrued by publics and policymakers. This misconstrual, it concludes, has far-reaching implications for nuclear policy, and it outlines how scholars, policymakers, and others might build on a revised understanding of expert reactor assessments to differently frame, and address, a range of questions pertaining to the risks and governance of atomic energy. 相似文献
915.
Sharon Casey 《心理学、犯罪与法律》2016,22(1-2):104-123
ABSTRACTThe potential to reduce sexual victimisation, promote community safety, and decrease incarceration costs has resulted in considerable progress in terms of how we understand and predict sexual recidivism. And yet, the past decade has seen a degree of fragmentation emerge as research attention has shifted away from relative risk prediction (with its focus on static risk factors) to the identification of factors capable of reducing risk through intervention (i.e. dynamic risk). Although static and dynamic risk are often treated as orthogonal constructs [Beech, A. R., & Craig, L. A. (2012). The current status of static and dynamic factors in sexual offender risk assessment. Journal of Aggression, Conflict and Peace Research, 4(4), 169–185. doi:10.1108/17596591211270671], there are arguments to support a claim that the two are in fact functionally related [see Ward, T. (2015). Dynamic risk factors: Scientific kinds or predictive constructs. Psychology, Crime & Law (in 22(01–02), 2–16); Ward, T., & Beech, A. R. (2015). Dynamic risk factors: A theoretical dead-end? Psychology, Crime & Law, 21(2), 100–113. This discussion clearly affects how we assess dynamic risk. This review considered several commonly used methods of assessment and the evidence offered for their predictive accuracy. Of note were differences in the predictive accuracy of single psychometric measures versus composite scores of dynamic risk domains and the conventions used for establishing effect sizes for risk assessment tools. 相似文献
916.
ABSTRACTThe inclusion of dynamic factors in risk assessment measures used with forensic populations has largely been considered an improvement in both the accuracy and utility of these assessments in informing treatment and sentencing. However, there are important challenges associated with the current approach to the conceptualisation, identification, and use of dynamic factors in risk assessment. Whereas some of these challenges relate to applied settings (such as the use of measures with different offender populations), there are also deeper questions regarding the construct validity of dynamic risk measures and the methodological strategies used to identify them. More emphasis on theoretically driven research is needed, to identify causal and explanatory relationships between dynamic risk factors and recidivism. We hope that highlighting these challenges can help to build a consensus on a future research agenda for dynamic risk factors. 相似文献
917.
David V. James Seema Sukhwal Frank R. Farnham Julie Evans Claire Barrie Alice Taylor 《The journal of forensic psychiatry & psychology》2016,27(3):309-330
A survey concerning intrusive/aggressive behaviours towards MPs was administered at Westminster, and in Queensland, New Zealand and Norway. Follow-up interviews were conducted with a sample at Westminster. This paper examines the experiences and associations of the 239 Westminster responders, of whom 81% had experienced intrusive/aggressive behaviours, 18% been subject to attack/attempted attack, and 53% stalked or harassed. Being stalked and subject to certain types of intrusive/aggressive behaviour were associated with younger age and being in the Commons five years or less, but serious incidents were more common in those who had been MPs for longer. There were no associations with brief periods of harassment. Some differences with party and constituency type emerged. Mental illness was prominent amongst perpetrators. Motives predominantly concerned personal grievances. Significant proportions of MPs suffered psychological ill-effects, necessitating inconvenient behaviour changes. Internal consistencies in these results and similarities to other sites are explored, and their implications discussed. 相似文献
918.
Vivienne de Vogel Jeantine Stam Yvonne H. A. Bouman Paul Ter Horst Marike Lancel 《The journal of forensic psychiatry & psychology》2016,27(2):145-168
To gain insight into the relatively small, but increasing group of women in forensic psychiatry, a retrospective multicentre study was started gathering information from the files of 275 female patients of four Dutch forensic psychiatric hospitals on characteristics and violence risk factors. Overall, a picture emerged of severely traumatized women with complex psychopathology with multiple previous treatment failures and many incidents during treatment. The present study investigates specific psychiatric and criminal characteristics of female patients by comparing their data to those of 275 male forensic psychiatric patients. Various prominent differences were found, for example, women had more complex histories of victimization, were more often diagnosed with borderline personality disorder, were more likely to commit homicide and arson and less likely to commit sexual offenses, and were more often involved in inpatient aggression than their male counterparts. Several recommendations for gender-responsive treatment and directions for future research are provided. 相似文献
919.
Jennifer Kuzma 《Regulation & Governance》2021,15(4):1144-1165
In this article, a new framework for improving risk assessments of novel genetically engineered organisms (GEOs) is developed and applied. The Procedurally Robust Risk Assessment Framework (PRRAF) provides a set of principles and criteria for assessing and enhancing risk assessment protocols for GEOs under conditions of high uncertainty. The application of PRRAF is demonstrated using the case of a genetically engineered mosquito designed to kill its wild population and therefore decrease disease transmission. Assessments for regulatory approval of this genetically engineered insect fall short of several PPRAF criteria under the principles of humility, procedural validity, inclusion, anticipation, and reflexivity. With the emergence of GEOs designed to spread in ecosystems, such as those with gene drives, it will become increasingly important for regulatory agencies and technology developers to bolster their risk analysis methods and processes prior to field testing. PRRAF can be used as a flexible guide for doing so within a variety of institutional, regulatory, and governance contexts. 相似文献
920.
Trey Herr 《Regulation & Governance》2021,15(1):98-114
In the last half decade, cyber insurance has emerged as a multi-billion-dollar industry with the authority to set and enforce standards of security behavior. Although cybersecurity has become a concern of national policymakers, insurers appear to have supplanted the state to play an influential role in governing some aspects of client behavior. This paper explores private governance by cyber insurance firms and evaluates two competing explanations for its emergence – either that the private sector advanced to set and enforce cybersecurity standards for financial gain, or that the state retreated from its responsibility to regulate and private sector actors filled the gap only as necessary. To find an answer between these explanations, this article develops a single outcome case study of the American cyber insurance industry. Following a theoretical introduction to private governance and its manifestation through insurance, the article examines the insurance process and its application in cybersecurity, the key role of standards, and the mechanism of enforcing those standards. The article concludes by identifying key elements of this market-based enforcement and discussing implications for crafting effective private governance in other domains and public policy. 相似文献