当事人诉讼成本与程序设计

当事人诉讼成本由诉讼费用、律师费、差旅费等构成,诉讼隐形程序、发回重审制度之缺陷、诉因不当选择将直接导致诉讼成本的增加。降低诉讼成本、提高诉讼效益的主要途径包括健全诉讼费用相关制度,确立公正的诉讼程序、保持司法独立等。     

Dimensions of Authority in Oversight Agencies: American and Australian Comparisons

Fraud, waste, and abuse damage public administration. Responding involves law enforcement and best practice administration. Many jurisdictions create watchdog agencies to perform this role. A model, which includes seven dimensions of jurisdiction and authority that policymakers should consider when creating an oversight entity, is presented. The model goes beyond the simple functional jurisdiction, i.e., who is overseen and how oversight occurs. Four subnational watchdog agencies in two countries are examined to demonstrate the trade-offs that occur in each dimension when the agencies are designed. This analysis demonstrates there are significant balancing issues at stake, which impact watchdog effectiveness.     

Cohousing For Whom? Survey Evidence to Support the Diffusion of Socially and Spatially Integrated Housing in the United States

Cohousing is a resident-led neighborhood development model that clusters private dwelling units around collectively owned and managed spaces, with potential to address long-term social and environmental challenges in American metropolitan regions. To date, however, the cohousing model has been slow to diffuse beyond a demographically narrow following. This limited following may signal to policymakers that cohousing is an unappealing housing model, and therefore an impractical policy objective. Drawing from a survey of 1,000 American residents, the results of a multivariate regression model suggest that (a) many of the characteristics of the current resident population of cohousing in the United States have no statistical association with the individuals who indicate interest in cohousing nationwide; (b) other characteristics serve as better predictors of interest in cohousing; and therefore (c) the slow diffusion of cohousing is likely the consequence of inaccessibility rather than low appeal. Overcoming these challenges demands shifts in policy.     

Conflict,choice or geography? Explaining patterns of democracy in continental Europe

The ‘character’ of democracy is regularly summarised using political‐institutional measures of, for instance, ‘consensus’ or ‘majoritarian’ democracy. Yet, there is little quantitative‐comparative research on the origins of such configurations. Drawing on literature on endogenous institutions and constitutional design, this article proposes a model for the explanation of empirical patterns of democracy. Using a novel database of 26 continental (neighbouring) European democracies and Bayesian spatial modelling, the results indicate that while today's empirical patterns of democracy in terms of proportional power diffusion can be traced back to waves of democratisation rather than historical partisan power configurations, decentral power diffusion can partially be explained by socio‐structural factors, and spatial dependencies exist for all variants of power diffusion.     

Institutional design of ecolabels: Sponsorship signals rule strength

Ecolabels are designed to help consumers identify environmentally superior products and services; however, they are not all created equal. Some ecolabels have strong rules that promote environmental improvements, while others have weaker rules that permit free‐riding. Because information about ecolabel design and rule strength is typically not readily available at the point of purchase, consumers struggle to differentiate stronger ecolabels from weaker ones. We investigate whether ecolabel sponsorship is a signal that can help consumers distinguish between ecolabels according to the quality of their institutional design. Using data of 189 prominent ecolabels, we find that while most ecolabels have basic rules for environmental performance, monitoring, and conformance, the strength of these rules varies across labels according to sponsoring organization. Independent sponsors have the strongest ecolabel rules, followed by governments. Industry sponsored ecolabels have the weakest rule structures. Taken as a whole, these findings suggest that sponsorship may provide important information about whether an ecolabel is designed with rules that effectively condition firms to promote meaningful environmental improvements.     

Can the best interests of young people be met in residential care? An Ireland case study

The search for factors essential to the achievement of congruence in residential youth care services in Ireland led to the discovery of five critical success factors, each of which affects all three organizational levels of such services. These critical factors included: needs-led, not regulation-driven, care; senior managers with workforce responsibility require domain expertise; shared vision and purpose across three organizational levels; practice-led planning and service development; and bureaucratic policies and practices that are congruent with corporate parenting obligations to provide developmental care that serves each child's best interests.     

基层警务绩效评价的程序设计

基层警务绩效评价是一个复杂的系统工程,在这个系统中,基层警务绩效评价的程序是一个很重要的要素。程序设计如何,直接关系到评价的最终结果。因此,本文在遵循绩效评价的基本原则基础上,结合我国公安机关警务实际,提出了基层警务绩效评价的程序方案。     

对峙性抓捕问题研究

对峙性抓捕是公安机关对持有杀伤性武器与公安机关进行公然对抗的犯罪嫌疑人实施的一种特殊的抓捕行动。在对峙性抓捕中,犯罪嫌疑人具有一些特殊的心理活动,公安机关必须遵循抓捕的安全性原则,充分考虑抓捕策略,尽最大可能减少抓捕可能造成的危险。有备型抓捕方案的设计和遭遇型抓捕方案的设计是比较常用的对峙性抓捕方案。     

论人工智能生成内容的信息权保护

将人工智能生成内容视为著作权法意义上的作品,不符合著作权法关涉作品的规范教义,不利于个人乃至社会整体知识水平的提升,违背著作权法的价值追求。顺应时代发展规律的信息权应该成为权利,符合权利生成法理标准的信息权可以成为权利。人工智能生成内容本质属于应受法律保护的信息,将人工智能生成内容归入已然获得权利证立的信息权对象范畴,可高效实现关涉信息的多元价值诉求。人工智能所有人通常具有生成价值信息、控制信息传播的动机与能力,且实际享有信息权益、承担信息侵害他人权益的责任,应成为人工智能生成内容的信息权主体。