Justice in Health Care Decision-Making: Patients’ Appraisals of Health Care Providers and Health Plan Representatives

This study describes the development of two versions of a Health Care Justice Inventory (HCJI). One version focuses on patients interactions with their providers (HCJI-P) and the other focuses on patients interactions with the representatives of their health plans (HCJI-HP). Each version of the HCJI assesses patients appraisals of their interactions (with either their Provider or representatives of their Health Plan) along three common dimensions of procedural justice: Trust, Impartiality, and Participation. Both the Provider and Health Plan scales assess indices that are relatively independent of patients demographic characteristics. In addition, patients appraisals of their interactions with their provider were only moderately related to their appraisals of their interactions with representatives of their health plan, indicating that the Provider and Health Plan scales tap distinct aspects of patients overall experience with the health care system. Overall, procedural justice dimensions were significantly related to patient satisfaction in both the Provider and the Health Plan contexts. As predicted, procedural justice factors were more strongly tied to patient satisfaction in the Provider than in the Health Plan context, and health care decisions based on distributive justice principles of Need (rather than Equity or Equality) were most closely tied to patient satisfaction in both contexts.     

Effects of Parental Differential Treatment on Relationship Quality with Siblings and Parents: Justice Evaluations as Mediators

Based on equity theory, the present study analyzes to what extent justice evaluations mediate the effects of perceived parental differential treatment (PDT) on relationship quality with siblings and parents as experienced in middle adulthood. Middle-aged adult offspring (N = 709) rated how often they and a sibling received parental recognition, nurturance, and demands for assuming filial responsibility. In addition, they indicated their justice evaluations of PDT and completed measures of relationship quality to sibling and parents. Justice evaluations emerged as either partial or complete mediators between PDT and relationship quality. Moreover, justice evaluations turned out to be more powerful predictors of relationship quality to parents than PDT per se. Implications are discussed concerning factors contributing to justice evaluations and the role of PDT within the context of other justice issues in families.     

职务侵占犯罪案件的甄别与认定

职务侵占犯罪的司法认定中,"其他单位"的外延应确定,犯罪主体中非国家工作人员以外的人员范围、犯罪对象中的"本单位财产"、犯罪主观方面"非法占为己有"等有关法律问题应进一步明确。     

重大环境污染事故罪的主观要件问题探讨

探讨重大环境污染事故罪的主观要件问题,有助于司法人员在司法实践中正确认定重大环境污染事故罪的犯罪特点。重大环境污染事故罪的主观要件应是过失,且有必要采取"严格责任"来界定重大环境污染事故罪。     

慎用死刊——刑事司法实践中死刑适用问题探讨

慎用死刑是刑事司法中一个十分重要的问题,慎用死刑必须正确掌握死刑的适用条件“罪行极其严重”。如何判断“罪行极其严重”是一个难题,应该加强立法和司法的解释。与此同时,正确地适用“死刑缓期二年执行”是正确适用死刑的又一个重要课题。     

Restorative Sentencing: Exploring the Views of the Public

Within the past decade, restorative justice has emerged as a truly global phenomenon. Although retributive justice has dominated the penal landscape, more recently, restorative principles at sentencing have attracted increased attention. Restorative sentencing emphasizes the importance of compensation and reconciliation between victims and offenders and pays less attention to establishing proportionality between the seriousness of the offense and the severity of the sentence imposed. Although voluminous (and proliferating), the scholarly literature on restorative justice has to date neglected one critical issue: public opinion with respect to this justice paradigm. Public opinion researchers too, have generally overlooked this topic. The goal of this paper is to determine which elements of the new paradigm generate public approval, and which features are likely to encounter or provoke public opposition, drawing upon related international research published in English over the past 20 years (1982–2002). The review reveals widespread support for restorative sentencing options, such as community service, compensation, and restitution, particularly when applied to young offenders. However, it also seems clear that public support for these alternatives to punitive sentencing options declines as the seriousness of the offence increases, suggesting strong public adherence to the retributive principle of proportionality in sentencing.     

进退维谷的刑事诉讼制度及其困境超越

刑事诉讼制度保障人权与控制犯罪的两个目标之间的冲突难以化解,由此引发了公正与效率的矛盾,进而使我国刑事诉讼制度陷入进退维谷的困境。西方国家的经验表明,"不同的案件适用不同的程序"也许能使诉讼制度摆脱僵局,而这正是我国所缺乏的。     

论诉讼公正与效率

公正与效率是司法改革追求的价值目标,两者是矛盾的统一体。公正是效率的目标,效率是公正的保障,二者同等重要。应当协调好两者之间的关系,争取既确保司法公正,又能适度地节约诉讼成本,提高诉讼效率。     

经济发展代价与环境资源利用--环境成本确认和计量问题探讨

环境会计是将会计理论和环境资源问题结合起来的一门新学科,它的中心和重点是环境成本会计.环境因素的不确定性和现行会计制度的局限,使得对环境成本的确认和计量存在很多问题,对这些问题的研究和探讨,有助于在现行的成本核算体系中纳入环境因素,全面反映企业的经济效益和环境业绩.     

侦查阶段司法审查机制之比较研究

在侦查程序中,对侦查机关的强制侦查行为实行司法审查已是现代法治国家的基本要求,不论是英美法国家还是大陆法国家,都遵循着自身的司法逻辑演绎、发展出了相似的司法审查机制。我国侦查程序中建立司法审查机制很有必要。可以通过对各国侦查程序中的司法审查制度现状的考察,力求在比较中予以借鉴。