论被害人量刑意见的提出：现状与重构

被害人量刑意见是被害人表达诉求的重要载体.被害人量刑意见的提出有助于恢复被害人的受损利益,弥补公诉权行使之不足,实现刑罚裁量的客观公正.目前我国被害人量刑意见的提出还存在一系列问题,应从提出主体、内容、时机、方式以及效力等方面对被害人量刑意见提出程序进行重构.     

Measurement of Internationalization of “Enterprises+Banks” and Economics Periodicals

In the fifth plenary session of the 18th CPC Central Committee, China further emphasized the internationalization of China. Chinese scholars put forward measurement formula for internationalization of the commercial banks based on Measurement formulas for International Enterprises proposed by United Nations, which will solve prevalent international measurement problems both in economic and social aspects through measuring the “enterprise+bank” internationalization. Although there are significant differences between the economics periodicals and the “enterprise+bank”, it can still lead to the international calculation formula for the economic periodicals through the improvement of certain indexes, such as the assets, sales volume and the number of employees.     

A Serious Game: Performance Management in Italian Ministries

In 2009, extensive performance management measures were introduced in Italian ministries, following a significant legislative initiative. The objectives that were initially set, however, have not yet been reached. In the paper, the authors discuss this issue, starting with the consideration of the main limits on the introduction of performance measurement systems in public organizations. The discussion leads to the conclusion that the shortcomings of performance management depend not only on the persistence of an administrative paradigm, but also on the underestimated impact of control over organizational behavior; where the latter is linked not to mechanical logic processes, but to more sophisticated forms of reactivity or even counter-intuitive sense-making processes.     

Mark‐to‐market: A fundamental shift in affordable housing policy

Abstract

Residential mortgage underwriting practice has serious shortcomings, including fixation on the present rather than the future. Accept‐reject decisions reflect some unknown interaction among implicit macro projections, implicit micro projections, and implicit policy toward assuming risk, and there is no way to relate the decision process to its components. As a result, there is no satisfactory way for a lender to incorporate a particular macro‐economic outlook into its underwriting standards. Further, different mortgage designs often carry markedly different degrees of risk. Most critically, accountability for underwriting decisions is obscured.

This paper proposes a fundamentally new approach to underwriting that makes full use of new technology. Under this approach, macro and micro projections of the future and the lender's policy toward risk are explicitly specified. The accept‐reject decision is automatic and transparent. Each of the parties responsible for the components of underwriting decisions can be held accountable, with the underwriter responsible only for micro projections.     

收入流动性测度方法述评

收入流动性主要有两种研究思路,一是将流动性本身作为研究对象,对个体流动进行加总,反映了所有个体收入水平、位次或收入份额的平均变动程度;二是研究收入流动性的影响,主要关注一段时间的收入分配失衡和社会福利水平是否得到补偿以及补偿的程度.转换矩阵和位次变动是流动性的早期测度方法,收入水平变动及其测度方法是流动性概念的一个延伸,随机占优和统计推断是流动性测度的一个拓展,而基于不平等、贫困、极化和社会福利水平的变动应该是流动性测度的最重要方法.     

Japan's peacekeeping policy: Strategic calculation or internalization of an international norm?

Abstract

With the Gulf War as a trigger, Japan began to make a humanitarian contribution by dispatching the Self Defense Forces to United Nations peacekeeping operations. Given Japan's strong hesitation for participation in the past, Japan's peacekeeping policy presents an intriguing challenge to examine the factors for a preference change and sustained compliance. By investigating Japan's peacekeeping policies towards East Timor and Haiti, this article examines how Japan's behavior and preferences were influenced by either internalized norms or cost/benefit calculations. While norm-driven behavior is considered to be incompatible with strategic calculated behavior, the article demonstrates that these two factors can co-exist.     

刑法司法公信力:从基础到进退

与司法公信力和司法公众认同之间的关系相对应,刑法司法公信力与刑法司法公众认同也互为表里,且后者构成了前者的基础。刑法司法公信力与刑法司法公众认同之间的关系有着心理学基础和规范有效性基础,并蕴藏着有效控制犯罪以达致维护社会和谐稳定的最终法治效果。如果想确保并提升刑法司法公信力,则必须致力于刑法司法公众认同,包括刑法解释公众认同、司法定罪公众认同和司法量刑公众认同。刑法司法解释公众认同、司法定罪公众认同和司法量刑公众认同先后构成了刑法司法公信力的环节性基础,从而确保了刑法司法公信力的环节性实现。刑法司法公信力以价值衡量为进,以法治底线为退。     

透明胶带的厚度检验

目的研究不同品牌透明胶带的区分方法。方法利用测厚仪对35种不同品牌透明胶带的厚度进行检验,并对所得数据进行统计分析。结果 35种品牌透明胶带组成的595组样品对中有458组可以区分,区分率为77.0%。结论厚度检验法能够在一定程度上区分不同品牌的透明胶带,厚度检验结果可与化学成分检验相互佐证,使得鉴定结论更加准确可靠,为法庭科学领域透明胶带物证的区分提供了一种预检验方法。     

Where is the mafia in Italy? Measuring the presence of the mafia across Italian provinces

This article presents the Mafia Index (MI), an index measuring the presence of mafias at the provincial level. In the abundant literature on Italian mafias, relatively few studies have attempted to measure the presence of mafias across the country. A review of previous attempts points out the limitations and methodological shortcomings of existing measurements. The study provides an operational definition of ‘mafia’ and selects the most appropriate indicators and variables according to multiple criteria. The MI combines data on mafia-type associations, mafia murders, city councils dissolved for infiltration by organised crime, and assets confiscated from organised crime and covers the period between 1983 and 2009. The MI highlights not only the strong concentration of the mafias in their original territories but also their significant presence in the central and northern provinces. This confirms that mafias should not be regarded as typically Southern Italian phenomena, but rather as a national problem.     

Interaction Quality in Political-Administrative Relations in the United States: Testing a Multi-Dimensional Model

Building on theories on new public management and results-based management, this article addresses performance measurement in comprehensive peace operations. More specifically it focuses on the Effects-Based Approach to Operations (EBAO) that is currently implemented by the International Security Assistance Force (ISAF) in Afghanistan to measure the performance on a wide range of areas such as security, governance, and socio-economic development. The article reveals and structures several key challenges in the complex measurement process, varying from technical (e.g., the lack of targets or benchmarks for an indicator) to fundamental ones (e.g., the large controversy between intuition-driven and assessment-driven leadership) and provides recommendations to meet these challenges.