再论我国慈善组织公信力的法律重塑

公信力是慈善组织生存之基,公益性是慈善组织公信力之源。影响慈善组织公信力的因素既包括法治因素,也包括文化因素、体制因素等。我国慈善法律体系已经形成,内容较为全面完善,关于慈善组织的法律定位也较为明确,法律实施不到位以及官民二重性是制约我国慈善组织公信力提升的主要原因。官民二重性有悖于慈善组织的民间本性,导致慈善组织的独立性、公益性、运作效率降低,导致对慈善组织监管不力,并进而阻碍慈善事业的健康发展。要以理顺政府和慈善组织的关系为核心,进一步加强慈善法治建设,推动我国慈善的现代转型。在慈善法治建设中,信息公开是前提,创新管理是保障,强化监督是抓手,责任落实是关键。     

The impact of extralegal factors on perceived credibility of child victims of sexual assault

ABSTRACT

The study examined the impact of victim age, victim gender, and perpetrator gender, across five domains of witness credibility: accuracy, believability, competency, reliability and truthfulness. The study also investigated which of these sub-constructs is the best predictor of guilt. 231 adult lay-people completed a survey measuring perceived credibility. Victim age emerged as having the most consistent effect, with the 5- and 10-year-old victims rated as more credible than the 15-year-old victim. Despite their legal incapacity to consent to sex, 15-year-old victims appear to be viewed as ‘quasi-adults’. Victims were rated as more accurate and truthful when the defendant was male compared to when the defendant was female. This may be due to the availability heuristic, as cases involving female defendants are less common. A significant main effect for victim gender was found for the competency sub-construct, such that males were rated as more competent than females. This result suggests that gendered attitudes and stereotypes may begin in childhood and extend to complainants of sexual assault. Main effects for accuracy and truthfulness, were qualified by three-way interaction effects. The five-factor model of perceived credibility accounted for 42% of variance in guilt perceptions, with truthfulness emerging as the strongest predictor of guilt.     

Dangerous decisions: the impact of first impressions of trustworthiness on the evaluation of legal evidence and defendant culpability

Abstract

There is little support for the long-standing assumption that judges and jurors can accurately assess credibility. According to Dangerous Decisions Theory (DDT; Porter & ten Brinke, Legal and Criminological Psychology, 14, 119–134, 2009), intuitive evaluations of trustworthiness based on the face may strongly bias the interpretation of subsequent information about a target. In a courtroom setting, the assessment of evidence provided by or concerning a defendant may be fundamentally flawed if its interpretation is influenced by an initial, spontaneous assessment of trustworthiness. In an empirical test of DDT, participants were presented with two vignettes describing major or minor crimes, accompanied by a photograph of the supposed defendant, previously rated as highly trustworthy or untrustworthy in appearance. Participants evaluated culpability following the presentation of evidence in each case. Participants required less evidence to arrive at a guilty verdict and were more confident in this decision for untrustworthy-appearing defendants. The current evidence supports DDT and has implications for legal decision-making practices.     

Credibility of the emotional witness: A study of ratings by police investigators

Abstract

Credibility judgments by police investigators were examined. Sixty-nine investigators viewed one of three video-recorded versions of a rape victim's statement where the role was played by a professional actress. The statements were given in a free recall manner with identical wording, but differing in the emotions displayed, termed congruent, neutral and incongruent emotional expressions. Results showed that emotions displayed by the rape victim affected police officers’ judgments of credibility. The victim was judged as most credible when crying and showing despair, and less credible when being neutral or expressing more positive emotions. This result indicates stereotypic beliefs about rape victim behavior among police officers, similar to those found for lay persons. Results are discussed in terms of professional expertise.     

Mock jurors' perceptions of identifications made by intoxicated eyewitnesses

Abstract

Psychology research has generally neglected intoxicated eyewitnesses. The current study addressed this need by exploring mock jurors' perceptions of intoxicated witnesses. Undergraduate participants read summarized sexual or aggravated battery cases in which either the victim or a bystander identified the defendant under varying intoxication levels. They answered questions about the case and provided verdicts. Participants were sensitive to the effect that intoxication may have on witnesses' cognitive ability, but not to varying degrees of intoxication. Neither the role of the eyewitness nor the type of crime committed had an effect on perceptions of witness impairment. Participants' perceptions of witness impairment informed identification credibility ratings, and credibility assessments affected verdicts. Impairment and credibility ratings fully mediated intoxication's effect on verdicts. Unlike much prior research, our results suggest that mock jurors can consider potentially important witness information when rendering verdicts.     

The Accuracy of Auditors' and Layered Voice Analysis (LVA) Operators' Judgments of Truth and Deception During Police Questioning*

The purpose of this study was to determine if auditors could identify truthful and deceptive persons in a sample (n = 74) of audio recordings used to assess the effectiveness of layered voice analysis (LVA). The LVA employs an automated algorithm to detect deception, but it was not effective here. There were 31 truthful and 43 deceptive persons in the sample and two LVA operators averaged 48% correct decisions on truth‐tellers and 25% on deceivers. Subsequent to the LVA analysis the recordings were audited by three interviewers, each independently rendering a decision of truthful or deceptive and indicating their confidence. Auditors' judgments averaged 68% correct decisions on truth‐tellers and 71% on deceivers. Auditors' detection rates, generally, exceeded chance and there was significantly (p < 0.05) greater confidence on correct than incorrect judgments of deceivers but not on truth‐tellers. These results suggest that the success reported for LVA analysis may be due to operator's judgment.     

Interactions of News Frames and Incivility in the Political Blogosphere: Examining Perceptual Outcomes

The anonymity and flexibility of the online world allows the free expression of views. This same anonymity and unconstrained expression can initiate uncivil debate. The political blogosphere is thus replete with uncivil discussions and becomes an apt context to examine the influence of incivility on news frames. Moreover, although there is an increasingly growing literature on framing, few have examined framing effects in the contemporary media landscape. Thus, the present study brings in literature from incivility and framing effects to examine the influence of incivility on news frames for perceptual outcomes. The study uses an experiment embedded in a Web survey. Findings show that incivility increases the credibility of a news article while decreasing political trust and political efficacy. Further, results demonstrate the interactions of incivility and news frames. For instance, news credibility is increased only in the value framed condition. And a combination of strategic frames and incivility results in the least political trust and external efficacy. Implications are discussed.

[Supplementary material is available for this article. Go to the publisher's online edition of Political Communication for the following free supplemental resource(s): stimulus material for the experiment.]     

我国不动产异议登记制度的完善——以《物权法》第19条第2款为切入点

《物权法》第一次以国家立法形式确认了不动产异议登记制度,但该规定较笼统,在实践中缺乏操作性。在评析我国不动产异议登记规定的基础上对构建我国不动产异议登记制度作出立法建议。     

公民社会兴起背景下的政府公信力建设

随着我国公民社会的日益兴起,公众的主体意识、权利意识逐步增强,公共服务需求的内容及层次要求也相应地发生巨大变化,它们构成了政府公信力建设的外部环境与压力。如何将外部环境的要求与压力内化到政府管理制度及成员的行为规范之中,这是我国政府公信力建设需要研究的重要议题。确立以公民和社会为本位的价值理念,构建新型公共治理模式,在政治过程中实现与公民社会良性互动,是提升政府公信力的现实选择。