走出关系社会的法治

我国社会正面临着走出关系社会的过程。关系社会的社会控制方式是以各种非正式制度为主。在关系社会转变的过程中 ,一方面社会需要建立法治 ,另一方面关系社会遗留的非正式制度仍然对社会产生着影响 ,某些部分和法治原则根本冲突 ,这是推行法治遭受阻力的原因。在我国的法治建设中应对非正式制度加以区别对待 ,不能过于妥协。     

“受过行政处罚入罪”规定之证成

2013年以来我国刑事司法解释有一明显趋势,即将行为人曾经受过行政处罚的事实作为定罪情节,纳入犯罪成立与否的考量之中。对这一现象,我国刑法学界多从刑事犯罪行为与行政违法行为"质"的差异,或者客观主义刑法观的角度出发予以否定。但是,在我国"定性+定量"的刑事立法模式下,刑事犯罪行为与行政违法行为以"量"的差异为主、质的差异为辅,行政违法性"量的累加"可以产生刑事违法性。"受过行政处罚入罪"的规定综合考虑了行为的客观危害程度和行为人的主观可谴责性程度,不仅不违反罪刑法定原则、禁止重复评价原则和责任主义原则等定罪时应坚持的一些基本原则,还有利于弥补劳动教养废除后的制度空白,调整我国"结果本位"的刑法结构,实现行政处罚与刑事处罚的有效衔接。     

Public reputation and organised crime: explicating the relationship between racket subcultures and informal social control

This paper examines the influence of traditional organised crime on informal social control in community areas that once had a presence of organised crime while controlling for neighbourhood attachment, satisfaction with the police, social and organisational ties, and tolerance of deviance. The data comes from the Community Survey of the Project on Human Development in Chicago Neighborhoods. The comparative quantitative method was used to analyse the data. The findings indicate that neighbourhoods with an historic reputation for organised crime can report higher levels of informal social control when compared to current racket areas in the city of Chicago. These findings have important implications for the study of deviance. Not only do they suggest that criminals can play an important role in controlling street crime, the findings also suggest that this public reputation remains long after organised crime activities have ceased in the area.     

Alternative dispute resolution and mediation of complaints against police in Australia and New Zealand

ABSTRACT

This study assessed the role of alternative dispute resolution options in the complaints management systems of the eight policing jurisdictions in Australia and the single jurisdiction of New Zealand. The available literature shows that a large proportion of complainants would like to participate in mediation, and that both complainants and police who experience mediation report much higher rates of satisfaction than those experiencing traditional adversarial investigative and adjudicative processes. Experiences with informal dispute resolution or ‘conciliation’ options are more mixed, and they are susceptible to tokenism and misuse as a convenient administrative means of disposing of complaints. Despite this situation, the data obtained from police and oversight agency sources in this study showed that options were limited to informal resolution conducted by senior officers, with an ostensible focus on behavioral improvement but with no meaningful publicly available data on outcomes. The paper concludes by advocating for a best practice complaints management system that includes mediation within a consultative framework focused on behavioral improvement.     

城镇非正规就业女性福利权益保护的赋权性社会支持实践模式探析

非正规就业女性群体福利权益受损的原因可归为客观和主观两个方面.建立一个性别赋权的社会支持实践模式,对于非正规就业女性群体福利权的实现有着至关重要的意义.基于赋权理论的视角,社会工作者建立社会支持实践模式的主要目标在于帮助非正规就业女性通过发展能力,重建社会支持系统,获得资源和机会,从而克服权能障碍,改变不平等的权力结构,促进福利权实现.赋权的社会支持实践模式需要遵循以下基本原则:(1)互动性原则;(2)赋权性原则;(3)平等伙伴原则;(4)理性选择原则.社会支持实践模式的赋权性介入内容主要包括自我赋权、集体赋权和政策性赋权三个方面.     

International Signaling and Economic Sanctions

Do economic sanctions serve international signaling purposes? A fully structural statistical model that employs a signaling game as a statistical model is used to investigate the existence of signaling effects of sanctions. Estimation results suggest that sanctions fail to work as a costly signal. The cheapness of sanctions prevents a target state from being able to distinguish a resolute sender state from a sender who is bluffing. When sanctions are imposed, a target rarely updates its initial evaluation of the sender state’s resolve, much less than when a military challenge is observed.     

Targeted Sanctions in a World of Global Finance

This is the golden age of economic statecraft—and the study of economic statecraft. This is in large part due to the evolution of economic coercion from trade embargoes to targeted financial sanctions. Targeted financial sanctions are attractive because they can generate economic costs similar to those of more comprehensive sanctions, with fewer negative externalities. Over time, however, the intersection of economic sanctions with globalized capital markets will provoke three interesting research questions. First, do financial sanctions spare a target country’s population from negative humanitarian and human rights outcomes? Second, to what extent are financial sanctions an exercise in learning by both targets and senders? Third, will the United States’ use of financial sanctions trigger blowback against US primacy in the international financial system? These last two questions offer the prospect to linking research on economic statecraft with larger questions of international security and global political economy.     

Costs of Alternative Sanctions in Hungary

ABSTRACT. The author calculated the specific costs of executing probation and community service orders. In addition, she attempted to design indicators that help determine the amount of effort probation officers make to perform their duties. In Hungary, the probation service is under the supervision of the judicial system; therefore, it does not have a separate budget. The author calculated the costs of alternative sanctions in multiple steps. The study found that in 1997 the costs of performing probation orders amounted to HUF 10,645 (± 47 Euro) per case per year whereas those of performing community service totalled HUF 13,395 (± 60 Euro). The analysis established that fines imposed are collected and utilised by the courts themselves. This implies a risk, namely, that judicial sanctioning practice may be determined not only by penal law but also by financial considerations. The author claims that this casts a different light on the recent punishment practice under which imprisonment (and its non-suspended form, in particular) has been increasingly replaced by fines rather than community sanctions.     

非正式制度的管理效能及其建设

包括价值信念、伦理道德、文化传统、风俗习惯、意识形态等在内的非正式制度是社会约束体系的重要构成,却又容易被忽视。非正式制度具有凝聚功能、激励功能和规范功能。要从更新管理理念、建设管理道德、塑造组织文化和促进制度均衡等方面进行非正式制度建设。     

Do Sanctions Always Stigmatize? The Effects of Economic Sanctions on Foreign Aid

A prevalent view among both scholars and policymakers is that economic sanctions stigmatize and isolate their targets. According to this perspective, the stigma associated with economic sanctions should signal to foreign aid donors that they should be more cautious and restrained in providing assistance to sanctioned states. We test this signaling-based theory via a large-n analysis of the impact that sanctions imposed by the United States and those supported by the United Nations (UN) had on the aid flows of 133 recipient states from 1960–2000. Contrary to expectations, our results indicate that being subject to sanctions supported by the UN does not have a negative effect on target states’ aid flows, and being sanctioned by the United States actually has a positive effect on them. We explore two potential explanations for our puzzling findings based upon donor self-interest and donor altruism via a scoping analysis of eight sanctions cases in which target states received greater than expected aid flows. Our findings suggest that theories based upon donor self-interest represent the most promising explanation for why individual donors may increase their aid to sanctioned states.