“恶意欠薪”刑法规制必要性思考

恶意欠薪作为一种较为突出的社会现象,严重侵犯劳动者合法权益,破坏劳资关系,激化社会矛盾,如不及时遏制,将严重影响社会治安秩序的稳定,也不利于经济建设的顺利进行.如果将恶意欠薪纳入刑法规制的轨道,是法律公平公正的体现,既顺应民意,具有坚实的事实依据与法律依据,又符合世界潮流,用刑法的方法制裁与防范恶意欠薪行为是非常必要的...     

Matching consequences to behavior: implications of failing to distinguish between noncompliance and nonresponsivity

Neither punitive nor therapeutic approaches alone are effective at addressing the dual public health and public safety concerns associated with managing criminal behavior perpetrated by people who have psychiatric and substance use disorders. The optimal solution may instead require the integration of both criminal justice supervision and treatment. Using problem-solving courts (PSCs) as a model, we focus on one dimension of this integrated approach, distinguishing between behavior that stems from willful noncompliance with supervision and behavior that results from nonresponsivity to treatment. First, we discuss the public health and public safety consequences of using singular approaches to address the criminal behavior of this population. We then present lessons learned from PSCs that distinguish between noncompliant and nonresponsive behaviors in making treatment and supervision decisions. Finally, we consider how the concepts of nonresponsivity and noncompliance may be extended, via policy, to probation and parole settings as well as mental health and substance abuse treatment services outside the criminal justice setting in order to enhance public health and safety.     

我国开征碳税的制度经济学视角分析

碳税被国际社会公认为是削减二氧化碳排放的有效的经济手段之一,目前我国正在尝试开征碳税,本文从制度经济学视角来分析碳税及其开征的必要性,尝试提出开征碳税的正式规则和非正式规则两种制度设计。     

Rethinking sensitivity interdependence: Assessing the trade,financial, and monetary links between states

International relations scholars do not adequately conceptualize or measure economic interdependence, a crucial variable in studies of trade and conflict, economic sanctions, and globalization. Most studies conflate vulnerability with sensitivity and confuse interconnectedness with genuine interdependence by relying on inadequate indices of interdependence such as unadjusted trade as a percentage of GDP. Such measures fail to capture the true cost to states of a termination of normal trading relations and ignore completely interstate financial and monetary ties. In this article, we offer a new method, the Contextual Sensitivity Estimator (CSE), for gauging sensitivity interdependence. The CSE addresses existing shortcomings in several noteworthy ways. First, it takes into account the strategic and domestic economic context of external economic linkages. Second, it assesses the composition of trade and the uses of trade proceeds. Third, it provides a detailed conceptualization of critical channels of sensitivity like foreign investment and exchange rate ties. Using Arab‐Canadian economic relations in 1979, after a threatened boycott of Canada, as a case study, we show that our CSE yields a more accurate assessment of sensitivity interdependence than traditional measures.     

Geographic Opportunity and Neomalthusian Willingness: Boundaries,Shared Rivers,and Conflict

International conflict has been analyzed extensively through the framework of opportunity and willingness. Opportunity has mainly been operationalized as physical proximity. Willingness has been measured in a number of ways, and remains a somewhat more elusive concept. Several scholars have called for boundary length to represent opportunity. Heeding such calls, Harvey Starr has used GIS methods to generate boundary length for 1993 and has found it to be associated with increased propensity to conflict. A number of his measures of willingness were not. Using a new and much more extensive dataset on boundary length for the entire Correlates of War period, this article finds very different results. We study the relationship with shared rivers and water scarcity as measures of neomalthusian factors in willingness over a 110-year period. The results indicate that the neomalthusian factors are significant although not dramatic in their effects. Boundary length, while associated with conflict in a bivariate analysis, fades into insignificance when the neomalthusian willingness measures are introduced.     

Coercive Assets? Foreign Direct Investment and the Use of Economic Sanctions

How does foreign direct investment (FDI) affect the use of economic coercion? This article argues that while FDI matters, the effect depends on the entry mode of the FDI. The economic interdependence created by FDI does not have a monotonic effect on economic statecraft because the relative costs incurred by economic disruption differ depending on the forms of foreign investment. In particular, the FDI that creates wholly-owned subsidiaries (for example, cross-border mergers and aquisitions) imposes greater costs to the sender's firms than cross-border joint ventures with local partners, while FDI through joint ventures incurs greater costs for the host than the home country and its firms. By utilizing US sanction episodes from the Threat and Imposition of Economic Sanctions (TIES) dataset, the empirical analysis supports the argument. The results show that economic sanctions are less likely to occur as the share of FDI through cross-border mergers and acquisitions increases.     

Today was not a good day: offender accounts of the incidents that led to their admission to drug court

One method that has been touted to help end mass incarceration is using intermediate sanctions. While intermediate sanctions often present as attractive options, there is evidence that as practiced, these sanctions often result in net widening. One of the most common forms of intermediate sanctions are drug courts, which are often viewed as progressive alternatives to locking up people with substance abuse problems. However, along with the dangers of net widening, scholars have shown that many people admitted to drug courts do not seem to have substance abuse problems and could benefit from lesser criminal justice interventions. In the current study, we analyzed intake data from a drug court to determine: (1) what charge(s) drug participants had and (2) how they became involved with the criminal justice system. Among important findings were that a large number of drug court participants were arrested for the possession of one drug only (often marijuana) and that more than half of participants came to the attention of the criminal justice system through a traffic stop rather than through repeated encounters with the criminal justice system.     

Democracy Promotion versus Engagement with Iran

US President Barack Obama has tried two very distinct policy options in dealing with Iran. The engagement policy was designed to make a break with the past experience and re-start US-Iran relations on a positive footing. This approach was consistent with the advice offered to the new administration by Iran analysts and leaders of non-governmental organisations. The implication of the engagement policy, however, was sidelining the US commitment to democracy and human rights in Iran. This policy could offer little to the budding reform movement in 2009. The alternative policy of containment was not beneficial to the reform movement either. The policy shift at the end of 2009 was a response to Iran's failure to comply with the requirements of the International Atomic Energy Agency. The containment policy, manifested in the fourth round of UN-imposed sanctions on Iran, has led to a further entrenching of the hard-liners in the regime and intolerance of internal dissent.     

Humanitarian impacts of economic sanctions on Iran and Syria

International sanctions against Iran and Syria have been tightened to unprecedented levels since 2012, particularly in the case of the European Union's (EU's) restrictions on the countries' energy and finance sectors. Marking a departure from the EU's carefully targeted sanctions policies of recent decades, they represent de facto comprehensive measures widely associated with negative humanitarian impacts. This paper analyses semi-structured interviews, official discourse and case studies to explore early reports of negative impacts on the health of ordinary citizens in Iran and Syria and examines associated policy responses, particularly in the EU context. The author outlines why a shift towards broader-based sanctions could be problematic for the EU and outlines constraints currently preventing more efficient risk mitigation. This paper suggests ways that sanctions, representing an increasingly vital, albeit contested, tool of EU foreign and security policy, could be used in a more prudent manner if a worsening humanitarian situation is to be avoided.