试论实行行为

实行行为是刑法分则规定的定型性行为类型,具有定型性、侵害性、有意性和有责性等特征。在规定某一种犯罪的条文中可能包含另一种犯罪的实行行为,区分的关键是看行为具有哪种犯罪的实行性。同一种实行行为既能包括既遂、未遂、中止等多种构成行为,亦可成为构成行为的一种。     

eGovernment Applications and Public Personnel Acceptance: An Empirical Analysis of the Public Servant Perspective

Given the importance of eGovernment applications as an integral part of modern public service provision, this contribution concentrates on the issue of continued technology acceptance of public servants. The goal of this article is to connect individual, technological, and organizational aspects in an explanatory model. Using Theory of Reasoned Action and the Technology Acceptance model, an extended model of continued end-user behavior is analyzed. The results show the importance of Ease of Use, Usefulness, Openness to IT, and Subjective Norm for Acceptance and a Continued Q4 Usage Intention. However, a significant influence of Bureaucratic Culture cannot be shown.     

Efficient,Adaptable Simulations: A Case Study of a Climate Negotiation Game

Instructors may be reluctant to adopt simulations because of time, labor, or material constraints, or perceived incompatibility with large classes. In fact, simple games can cover multiple key concepts with minimal time and effort by the instructor. Simple games are also adaptable to other topics and classes, including large lectures. This article presents a simulation in which students negotiate a global greenhouse gas reduction agreement. Three scenarios model basic climate change mitigation, follow-on agreements for climate stabilization, and the surprise withdrawal of signatories after a domestic leadership turnover (e.g., the 2016 U.S. presidential election). The simulation teaches key concepts such as anarchy, collective action, preference divergence, and commitment problems. Concepts such as institutions, identity, and levels of analysis arise organically from game play. The exercise has extremely low cost and setup time. It can be run in 15 minutes or extended for a full class period. The game may also be repurposed to simulate other bargaining or collective action issues. This case study shows that simulations can be efficient and adaptable. Instructors can create their own simple games to enhance comprehension of key concepts.     

Political incentives and transaction costs of collaboration among US cities for economic development

This study extends research on Institutional Collective Action by testing a transaction cost explanation for self-organising economic development agreements between US cities. We offer a unique contribution to this literature by identifying how these agreements between cities with similar political institutions mitigate the transaction costs of collaboration, and how characteristics of these agreements combine with political institutions to shape collective action. The results of an empirical analysis of data collected through a survey of local officials suggest the alignment of high-powered political incentives between cities mitigates the coordination and division problems of forming a joint venture. Agreements that enable elected officials to distribute the benefits of an agreement are also found to moderate this effect.     

Remediation of Social Withdrawal in Young Children:

The last 15 years have witnessed a marked increase in the development of intervention techniques designed to promote isolate children's friendships and to increase their peer group interactions. However, there has been a paucity of research directed towards defining social competence and its underlying skill components. With the practitioner in mine, the present report presents a recent intervention strategy for remediating social withdrawal, followed by our current development of a skill deficit model designed to expand our knowledge case of causal contributors. PEERS, a broad-based intervention program, involves all of the child's social agents, thus assuring him/her of entry into the peer group in an atmosphere of social support. Our more comprehensive view of social withdrawal examines deficits in four skill areas: the child's social, language, and motoric competences, and the parents' child-rearing ability. Additional research is needed to pinpoint the precise relationship between these skill components and social withdrawal. With the further contributions of researchers in the field, we foresee the development of a more refined set of intervention procedures which the practitioner may use selectively to meet the individual needs of each child.     

Logics of action and models of capitalism: Explaining bottom‐up non‐liberal change

Recent institutionalist scholarship has theorized the liberalization or “disorganization” of capitalism as the result of shifts in economic actors' “logic of action” towards opportunism. Little attention has been given to the reverse possibility that shifts in economic actors' “logic of action” away from opportunism might contribute to “embedding” or “organizing” capitalism. This paper builds on recent scholarship to theorize this scenario and then demonstrate its empirical validity with an historical institutionalist study of the emergence of such a “non‐liberal” institution in Switzerland in 1961. The theoretical framework links three “logics of action” – opportunism, enlightened self‐interest and strong solidarity – to Höpner's typology of capitalist institutions – organized, coordinated, and liberal. It theorizes the interactions between these logics and the social mechanism – goal signaling – that can explain a shift from one logic of action to another, potentially leading to change from one type of institution to another.     

转型时期中国工会研究方法评析

在对转型时期中国工会经验进行一般性理论概括时,需要将结构/制度分析与行动/机制分析结合起来,才能形成对中国工会的客观准确的理解和解释,进而对中国工会未来变革和发展提出恰当可行的政策建议.现有研究大多没能将结构/制度分析与行动/机制分析结合起来,而且绝大多数都缺乏对研究方法的讨论.     

对监听资料证据能力的剖析

监听作为一种涉及公民权利的高科技侦查手段,已经越来越受到人们的关注。笔者从监听资料的证据能力入手,分析了一般情况下监听资料是否具有证据能力,以及三种特殊情况下监听的合法性认定及证据能力问题,并进一步对衍生证据的证据能力进行了探讨。通过上述分析并结合我国国情,笔者对我国监听资料证据能力问题提出了可行的建议。     

Heroic Action and Its Discontents: Safe Horizon’s Response to 9/11

Based on first-hand qualitative research, this article describes and analyzes the significant role that a local, New York City-based social service agency played in responding to 9/11; the sources of its notable ability to provide assistance to individuals and families affected by this terrorist attack; and the structural strains and unanticipated divisions within the agency that the heroism of its fervid engagement nevertheless engendered.

犯罪数额的累计计算

累计计算犯罪数额是司法实践中经常遇到的问题。正确计算犯罪数额关系到定罪量刑的准确性。累计计算数额不仅要区分行为属于一般违法行为还是犯罪行为,还要考虑刑事处罚与行政处罚的衔接。现行累计计算数额的规定存在诸多不足,应该予以修改和完善。