从欧美经验谈我国反垄断法域外适用的立法定位

从各国反垄断法域外适用的实践情况来看,它既有成功对抗反竞争行为维护竞争秩序的一面,又有引起国家间冲突,不能完全实现其所追求目标的一面。在我国的反垄断立法过程中,我们首先应采用灵活的域外适用原则,而不局限于固定的模式;同时采用双边协定与多边协定并用的方式来解决域外适用中的冲突。     

Estimation of arrest careers using hierarchical stochastic models

This paper introduces a general procedure using hierarchical stochastic models for characterizing criminal careers within a population of heterogeneous offenders. Individuals engage in criminal careers which are treated as stochastic processes governed by fixed parameters (e.g., a rate parameter), and these parameters come from specified distributions. The parameters of these distributions at the upper level of the hierarchy must then be specified. The models are estimated using data on all persons arrested at least once in the six-county Detroit Standard Metropolitan Statistical Area during the 4 years 1974–1977 for a criterion offense (an index crime other than larceny) and arrested at least once for robbery through April 1979. The collected data set is not a random sample of all such offenders in the population. There is a bias toward selecting those with a higher arrest frequency. In order to make more general inferences, statistical adjustment was needed to overcome the arrest-frequency sampling bias. We construct a series of models for the arrest career and fit the models with the data set of arrests. After correcting biases in the data, we estimate the model parameters using empirical Bayes methods and then examine the resulting models.     

Effects of older brother-younger sister incest: A review of four cases

This study describes the self-reported histories of four women who experience long-term negative effects from childhood incest with their older brothers. In all of these cases the women describe symptoms of low self-esteem and guilt, in relation to their role in the incest. Other perceived long-term harmful effects vary according to the amount of force or coercion used by the brothers, the duration of the incest, and parental response to the incest. These include depression, difficulties with trusting others, and sexual dysfunction. The women also describe the dysfunction in their families-of-origin that contribute to their perceptions of the incest.     

Developmental explanations of delinquent behavior among siblings: Common factor vs. transmission mechanisms

We compare the statistical fit of two developmental explanations of delinquent behavior using longitudinal sibling data. The transmission effects model relates future delinquency to prior delinquency, delayed sibling effects, and unique environment. The common-factor effects model adds to these influences a latent variable representing persistent causes shared by siblings. These two models were fit to longitudinal data on 470 sibling pairs interviewed on three occasions. The common-factor effects model fit the data more closely than the transmission model. Nonmutually exclusive interpretations of the common effects model include (a) personality dispositions and (b) unchanging aspects of the social environment such as concurrent sibling effects and siblings' common friends.     

Criminal justice decision making as a stratification process: The role of race and stratification resources in pretrial release

Our purpose is to bridge the criminal justice and stratification research literatures and to pursue the argument that homologous structural principles stratify allocation processes across central institutions of American society. The principle observed here in the making of bail decisions, as in earlier studies of the allocation of earnings, is that stratification resources operate to the greater advantage of whites than blacks. The operation of this principle is established through the estimation of covariance structure models of pretrial release decisions affecting 5660 defendants in 10 federal courts. Education and income are treated in this study as observed components of a composite construct, stratification resources, which works to the greater advantage of whites. Prior record is also found to operate to the greater advantage of whites. Two further variables, dangerousness and community ties, increase bail severity among blacks and whites. While the effect of community ties has been legally legitimized since the Bail Reform Act of 1966, the effect of dangerousness was not so legitimized until the Bail Reform Act of 1984. However, because our data precede the latter act, they confirm that this act simply reinstitutionalized earlier practice. Meanwhile, our race-specific findings may explain why although this and earlier studies find negligible main effects of race on criminal justice outcomes, black Americans nonetheless perceive more criminal injustice than do whites. In the criminal justice system, as in other spheres of American society, whites receive a better return on their resources, but our findings that the statutory severity of the offense and dangerousness work to the relative disadvantage of white defendants challenges conflict and labeling theory's one-dimensional characterization of black defendant disadvantage.     

关于韩国“入关”和“入世”情况的研究与思考

目前,人们对中国加入WTO可能产生的影响有种种分析。笔者在本文中从其他一些国家的实际经历中得到的启思,就韩国“入关”、“入世”前后的经历作了综合研究,并就有关问题发表了个人的思考与启思。     

Value Congruence and Convergence Within Voluntary Associations: Ethnocentrism in Belgian Organizations

The observation of a positive relation between social interaction and tolerance levels is routinely explained by invoking a contact mechanism: interaction with different groups within society leads to abandoning prejudices toward that group. Because of typical high group homogeneity within associations, it seems unlikely that this mechanism could explain the positive effect of associational involvement on tolerance. Therefore, we propose a second, cultural mechanism to explain this relation. Based on the social-psychological process of value convergence, it is assumed that associations where tolerance is perceived as a salient and constitutive value will strengthen this attitude, even if these associations are homogeneous. An analysis of Belgian survey data (N = 1,341) suggests that not all kinds of associations have a negative effect on ethnocentrism, but only rather homogeneous associations with highly educated members and, therefore presumably initially low levels of ethnocentrism.     

试论犯罪防控的效应

现阶段 ,犯罪防控的目的不为消灭犯罪 ,但求努力减少犯罪。其防控效应存在两个方面 :从执法的角度 ,它必须力求以最小的防控成本 ,获取最大减少和预防犯罪的防控效益 ,以获得犯罪防控的微观效应 ;从管理的角度 ,犯罪防控不仅在于追求减少与预防犯罪 ,更重要的是追求犯罪防控 ,作为一种社会管理模式发挥对社会资源配置进行调节的杠杆作用 ,促使社会效益总量的增加 ,以获取犯罪防控的宏观效应。     

转型时期政治文化对政治制度发展的效应分析

推动政治制度的发展创新 ,增强政治制度的生机和活力 ,是我国现代政治发展过程中的重大主题。政治文化作为一种特殊的政治观念形态 ,与政治制度发展息息相关。转型时期政治文化相对独立的发展方式 ,对政治制度发展具有动态的双重效应。因此 ,只有大力加强政治文化建设 ,才能推动政治文化与政治制度的协调发展。     

Growth curves of deviant behavior in early adolescence: A multilevel analysis

Multilevel growth curve models provide a means of analyzing individual differences in the growth of deviance, allow a number of theories to be integrated in a single model, and can help to unify research on deviant/delinquent/criminal careers at different stages of the life cycle. Building on the distinction between population heterogeneity and state dependence as alternative explanations of persistent individual differences in deviance (Heckman, 1981; Nagin and Paternoster, 1991), we show that models with two levels can be used to represent and analyze a variety of criminological theories. The first level (level 1) uses repeated measurements on individuals to estimate individual-level growth curves. The second level treats the level 1 growth curve parameters (e.g., slope, intercept) as outcome variables and uses time-invariant factors to explain variation in these parameters across individuals. We illustrate this approach by estimating a model of growth in deviance drawn from Gottfredson and Hirschi's deviant propensity theory. An innovative feature is the assumption that adolescents' expected growth curves of deviance follow a classical Pearl-Verhulst logistic growth model (Pearl, 1930). The results suggest that five risk factors—parental psychiatric problems, lack of parental support, living arrangements with zero or one parent in residence, low family income, and male gender—have strongly positive effects on deviant propensity. For example, adolescents with no supportive parents, and no other risk factors, have expected asymptotic levels of deviance (peak levels attained at about age 18) that are about twice as high as those of adolescents with no risk factors. Yet more than two-thirds of the individual-level variability in growth curves is unexplained by the five risk factors. This unobserved heterogeneity would remain hidden in analyses using conventional structural equations models and the same explanatory variables.