论检察权的受制性——以检察权能属性、法治功能和价值目标为视角

检察权是集职务犯罪侦查权、公诉权、诉讼监督权三项权能为一体的综合性权力。三项权能性质不同，法治功能和价值目标也不尽相同。解读检察权结构功能和价值取向，从中找寻检察权应予监督制约的合理性和正当性     

从客观归因到主观归责

在中国现行刑法的明文规定和犯罪构成四要件的解说体系下，对因果关系及刑事责任的确定应遵循从客观归因到主观归责的分析进路。所谓客观归因，即对因果关系的判断只是确定行为人承担刑事责任的客观基础，故采用“条件说”即能以最简捷方法予以解决，不需要引入见仁见智的各式规范判断学说；至于由此而导致的责任范围过于宽泛的问题，则可以通过对主观罪过的精确界定予以解决，在主客观相统一的更高层面最终解决对行为人是否归责的问题。     

Norms,Behavioral Compliance,and Status Attribution in International Politics

Extant work on status attribution has largely focused on major powers or state capabilities as key explanatory factors driving these social processes and suggests that status considerations increase conflicts between states. We argue for a more comprehensive approach to status attribution that considers international norms as another major factor that is weighed in the attribution process. We contend that states (policymakers) evaluate one another not only on the basis of economic and military capabilities but also on the extent to which there is behavioral conformance with normative expectations and reward one another dependent upon whether these expectations are met. However, this attribution of status is dependent upon the level of contestation pertaining to that norm. Using a data set that assesses consistency with six different norms (resource transference, multilateralism, economic liberalism, democratic governance, respect for human rights, and peaceful dispute resolution), we find that status attribution is associated with norm-consistent behavior but only when these norms are uncontested at the global level.     

POLICE RESPONSE TO DOMESTIC VIOLENCE: SITUATIONS INVOLVING VETERANS EXHIBITING SIGNS OF MENTAL ILLNESS*

Drawing on attribution theory, research on police discretion, and public attitudes toward mental illness, we examine attributional processes in police decision making in response to domestic violence situations involving veterans and nonveterans with signs of mental illness. Using data from experimental vignettes varying veteran status, victim injury, and suspect compliance administered to a sample of 309 police officers, the results indicate that 1) veterans are perceived as less responsible for troublesome behavior but more dangerous than nonveterans, 2) suspects’ veteran status has a significant effect on officers’ preference for mental health treatment versus arrest, and 3) part of the effect of veteran status on officer response is mediated by internal and external attributions for problematic behavior and by perceptions of dangerousness. The study empirically demonstrates countervailing processes in police decision making—recognition of the causes for troublesome behavior and the need for mental health treatment on the one hand and concern for community safety and enforcing the law on the other.     

The counterfactual fallacy: Confusing what might have been with what ought to have been

The thesis of this article is that reactions to misfortunes are often biased by the counterfactual fallacy: the tendency to view events that can easily be imagined otherwise as events that ought not to have been. Drawing upon a diverse set of empirical findings we demonstrate that victims' and observers' reactions to misfortunes depend on the extent to which the event prompts them to generate counterfactual thoughts or images of more positive alternatives. We discuss the factors that determine the ease with which a negative event can be imagined otherwise, along with their relevance to a variety of justice-relevant responses, including perceptions of deservingness, recommendations for compensation, and blame assignment.     

Sanctioning risky life-styles: Attitudes toward solidarity or equitable distribution of health care

Rising costs of medical care and increasing knowledge about behavior-related health risks favor the use of the equity principle in health care allocation. This paper deals with attitudes to the question of whether or not one's payments should be contingent upon the risks one takes. From an explorative analysis of arguments espoused by letter writers from a Dutch health magazine, it becomes apparent that equity plays a major role in the respondents' views of the distribution of health care facilities. Next, the role of attribution in adopting attitudes toward risky life-styles is studied on the basis of a survey using a representative sample of Dutch households. Beliefs about the individual ability to influence health have no effect on risk solidarity, whereas beliefs about the proper amount of effort to avoid health risks do have an effect.     

Economic voting in a crisis: The Irish election of 2011

The paper explores a question raised by the 2011 Irish election, which saw an almost unprecedented decline in support for a major governing party after an economic collapse that necessitated an ECB/IMF ‘bailout’. This seems a classic case of ‘economic voting’ in which a government is punished for incompetent performance. How did the government lose this support: gradually, as successive economic indicators appeared negative, or dramatically, following major shocks? The evidence points to losses at two critical junctures. This is consistent with an interpretation of the link between economics and politics that allows for qualitative judgements by voters in assigning credit and blame for economic performance.     

Asymmetric federalism and economic voting

Although federal arrangements adopt a multiplicity of forms across and within federations, this article suggests that some models of power division are better than others at enhancing clarity of responsibility and electoral accountability. This conclusion is the result of exploring responsibility attribution and economic voting in a state where decentralisation arrangements vary across regions: the Spanish State of Autonomies. Using electoral surveys and aggregated economic data for the 1982–2012 period, the empirical analysis shows that regional economic voting is most pronounced in regions where decentralisation design concentrated authority and resources at one level of government, whereas it is inexistent in regions where devolution followed a more intertwined model of power distribution. The implication of the empirical findings is that the specific design of intergovernmental arrangements is crucial to make electoral accountability work in federations.     

Situational variables or beliefs? A multifaceted approach to understanding blame attributions

Are victim and perpetrator blame attributions affected more by situational-specific variables or observers’ basic motives and personal beliefs? In three experiments, varying the scenario setting, the effects of victim and participant age, participant gender, sympathy for the victim, trust in the justice system, belief in a just world and acceptance of rape myths were investigated. In total, 877 Swedish adolescents and adults read scenarios reflecting common acquaintance rape situations. Victim age (18 or 31) was manipulated, but did not affect attributed blame. Effects of participant age and gender varied markedly across the three experiments. Sympathy for the victim and acceptance of rape myths were stronger predictors than belief in a just world. Consistently, blame attributions were found to be more affected by personal beliefs than situational-specific variables.     

公司设立中行为效力探析

公司设立中行为效力的制度安排涉及发起人与成立后公司的利益衡量。本文在研究国外法理及立法的基础上,建议我国《公司法》简化公司设立的条件,承认设立中公司具有有限的人格,将公司设立行为的效力归属于成立后的公司,公司设立中的其他行为则由发起人承担