建立健全权力制约监督机制的几点思考

建立健全权力制约监督机制,必须确立宪法与法律至高无上的权威。党的根本宗旨决定了要把国家权力真正交给人民,建立保障人民当家做主的制度和秩序。人民代表大会要真正成为国家政治活动的中心,这首先取决于党的执政方式、领导方式的转变。要切实发挥各民主党派、社会团体的参政议政和监督作用。     

DO NEIGHBORHOODS GENERATE FEAR OF CRIME? AN EMPIRICAL TEST USING THE BRITISH CRIME SURVEY*

For a long time, criminologists have contended that neighborhoods are important determinants of how individuals perceive their risk of criminal victimization. Yet, despite the theoretical importance and policy relevance of these claims, the empirical evidence base is surprisingly thin and inconsistent. Drawing on data from a national probability sample of individuals, linked to independent measures of neighborhood demographic characteristics, visual signs of physical disorder, and reported crime, we test four hypotheses about the mechanisms through which neighborhoods influence fear of crime. Our large sample size, analytical approach, and the independence of our empirical measures enable us to overcome some of the limitations that have hampered much previous research into this question. We find that neighborhood structural characteristics, visual signs of disorder, and recorded crime all have direct and independent effects on individual‐level fear of crime. Additionally, we demonstrate that individual differences in fear of crime are strongly moderated by neighborhood socioeconomic characteristics; between‐group differences in expressed fear of crime are both exacerbated and ameliorated by the characteristics of the areas in which people live.     

Lawlessness in the Federal Sentencing Process: A Test for Uniformity and Consistency in Sentence Outcomes

One of the important goals of the federal sentencing guidelines was to reduce inter‐judge disparity in sentencing. In this paper, we test the assumption that structuring discretion produced uniformity in federal sentencing and consistency in the process by which judges arrive at the appropriate sentence. We also examine whether background characteristics of judges affect the sentences they impose on similarly situated offenders. We used hierarchical linear modeling, nesting the offenders in the judges that sentenced them in order to examine the sentencing decisions of federal judges in three U.S. District Courts. While we found that significant variation between judges in sentencing is largely accounted for by our level 1 characteristics, we also found that judges arrive at decisions regarding the appropriate sentence in different ways, by attaching differential weights to several of the legally relevant case characteristics and legally irrelevant offender characteristics.     

ESCAPING CRIME: THE EFFECTS OF DIRECT AND INDIRECT VICTIMIZATION ON MOVING*

This article investigates the impact of criminal victimization on household residential mobility. Existing research finds that direct experiences with crime influence mobility decisions, such that persons who suffer offenses near their homes are more likely to move. The current study extends this line of inquiry to consider whether indirect victimization that involves neighbors also stimulates moving. The analysis uses the National Crime Survey to estimate multilevel models that incorporate data from individual households and their spatially proximate neighbors. The results show that the link between direct victimization and moving continues to hold after controlling for neighborhood context. Indirect property victimization also leads to moving, with effects about equal in size to those of direct victimization. In contrast, no evidence is found that violent victimization that occurs in neighboring homes influences mobility, probably because most of these events are nonstranger violence that provokes less anxiety for neighbors.     

THE SOCIAL CONTEXT OF GUIDELINES CIRCUMVENTION: THE CASE OF FEDERAL DISTRICT COURTS*

Recent scholarship on criminal punishments increasingly highlights the importance of courtroom social contexts. Combining recent data from the U.S. Sentencing Commission (FY1997–2000) with aggregate data on federal districts, the current study examines interdistrict variations in the application of downward departures from the federal sentencing guidelines. Findings indicate that substantial variation exists in the probability of both prosecutor‐initiated substantial assistance departures and judge‐initiated downward departures. This variation is accounted for, in part, by organizational court contexts, such as caseload pressures, and by environmental considerations, such as the racial composition of the district. Additional evidence suggests that individual trial penalties and race disparities are conditioned by aggregate court contexts. Drawing on interviews with federal justice personnel, this article concludes with a discussion of future directions for research on federal guidelines departures. Part of the glory of the federal system…is that you've got this one big organization, but it can be molded to different needs…
‐ An assistant U.S. attorney ‐     

The Body Politic as Spatial Metaphor

As part of a special issue on the geographies of citizenship, this paper considers the longstanding and popular metaphor of “the body politic” for a polity. The metaphor's comparative power is successful because it imports key geographic assumptions about how polities are best organized. It makes claims about society and space (premises about location, spatial organization), nature–society relations (how the two spheres do and do not connect) and cartographic representation (the human body is the optimal representation of spatial and natural relations in a polity). We describe three ways in which geographical imaginations are constructed: organic, mechanical, and posthuman bodies politic. Our goal is twofold: first is to consider the ways the deployment of the metaphor of the body is used in political theory to convey a normative conception of citizenship; second is to bridge the gap between political theory and geography by paying special attention to the ways the body is a space. The metaphor of the body politic is a political geography that links citizenship to particular geographical and normative relationships.     

论西塞罗的共和思想——共和国的基石：混合均衡政体、公民和法

西塞罗的政治思想主要是基于罗马共和国自身的历史对混合政体的解释和对自然法的坚持,通过对他政体理论和自然法理论的解读,考察西塞罗论证如何来保持共和国的稳定。     

《劳动合同法》对职工劳动报酬权益的保障效应及机制分析 —— 基于制度理论的视角

本研究基于制度理论采用多层广义线性回归模型分析并阐释了《劳动合同法》对职工劳动报酬 权益的保障效应及机制。结果显示：《劳动合同法》的实施显著降低了职工被拖欠工资和加班工资的可能性。《劳 动合同法》实施后,职工所在省份失业率、所在组织成熟度和个体文化程度对职工被拖欠加班工资可能性的影 响趋于消失,但是个体的户籍身份仍然显著影响职工被拖欠加班工资的可能性。此外,文化程度和户籍身份对 职工被拖欠加班工资可能性的影响分别受到职工所在省份失业率或所在组织成熟度的跨层调节作用,即在低失 业率省份场域,不同文化程度职工被拖欠加班工资的可能性存在显著差异,反之则差异不显著;在低成熟度组 织场域中,不同户籍身份职工被拖欠加班工资的可能性存在显著差异,反之则差异不显著。     

Work-Life Balance and National Context in Attraction to Public Employment

What explains preferences for public employment versus private business employment. Much of the extant literature considers this topic within the context of single-nation studies and the work motives of those individuals already employed by government. This study contributes to the public-management literature with a cross-national examination of government employment preferences across 31 national samples using data from the International Social Survey Programme. Results indicate that a desire for more work-life balance is negatively associated with a preference for government employment and that measures of national economic health help explain the variation in preferences for government employment across nations.     

Europeanisation and social movements: The case of the Stop TTIP campaign

Over the past years, the economic crisis has significantly challenged the ways through which social movements have conceptualised and interacted with European Union institutions and policies. Although valuable research on the Europeanisation of movements has already been conducted, finding moderate numbers of Europeanised protests and actors, more recent studies on the subject have been limited to austerity measures and the Transatlantic Trade and Investment Partnership (TTIP) has been investigated more from a trade unions’ or an international relations perspective. In this article, the TTIP is used as a very promising case study to analyse social movements’ Europeanisation – that is, their capacity to mobilise referring to European issues, targets and identities. Furthermore, the TTIP is a crucial test case because it concerns a policy area (foreign trade) which falls under the exclusive competence of the EU. In addition, political opportunities for civil society actors are ‘closed’ in that negotiations are kept ‘secret’ and discussed mainly within the European Council, and it is difficult to mobilise a large public on such a technical issue. So why and how has this movement become ‘Europeanised’? This comparative study tests the Europeanisation hypothesis with a protest event analysis on anti‐TTIP mobilisation in six European countries (Italy, Spain, France, the United Kingdom, Germany and Austria) at the EU level in the period 2014–2016 (for a total of 784 events) and uses semi‐structured interviews in Brussels with key representatives of the movement and policy makers. The findings show that there is strong adaptation of social movements to multilevel governance – with the growing presence of not only purely European actors, but also European targets, mobilisations and transnational movement networks – with a ‘differential Europeanisation’. Not only do the paths of Europeanisation vary from country to country (and type of actor), but they are also influenced by the interplay between the political opportunities at the EU and domestic levels.