政治正义视角下的社会主义新农村建设

社会主义新农村建设作为我国现代化进程中的战略任务,是我国政府的一项重要使命。它的宗旨、任务和目标,都体现了政治正义的价值诉求。政治正义也对推进这一伟大事业提出了具体的实施要求,主要包括:加大公共财政支持"三农"的力度、重视涉及"三农"的制度改革与创新、维护和增进农民的合法权益。     

由犯罪黑数透视我国事刑司法制度改革

本文从研究相对犯罪黑数产生的原因出发,探讨如何完善我国的刑事司法制度,以促进司法公正,减少隐案的数量,提高打击犯罪的实际效果。     

犯罪控制视野下的暂缓起诉裁量权

随着起诉裁量权的扩大化,在刑事起诉程序中运用高质量的犯罪控制策略,可以减少人与人之间的冲突,促使人们积极行动并且积极合作;它还可以很好地实现有限司法资源的适当配置,从而实现诉讼效率。暂缓起诉的价值就在于它在起诉阶段将一部分刑事案件进行分流,使其不必进入审判程序,这不仅有利于节约司法资源,实现诉讼的经济原则,同时国家检察机关通过暂缓起诉对刑事案件的介入处理,也可以达到弱化社会矛盾,调整社会关系,恢复社会秩序的目的,从而实现犯罪控制的社会整体效益。     

Perceptions of affirmative action among its beneficiaries

Using data obtained through a separate study, interviews with women of color associated with and involved in the development of an affirmative action (AA) program were analyzed in light of Tyler's theories of procedural justice. Interviews were examined for respondents' implicit or explicit judgments of AA as fair or unfair in principle and in practice, and whether respondents used Tyler's six elements of justice criteria (representation, consistency, impartiality, accuracy, correctibility, and ethicality) in their assessments. Tyler's criteria are used by the respondents in their assessments. Beneficiaries perceive AA to be fair in both contexts, although fairer in principle than in practice. The issue of commitment was raised in several contexts as a salient concern of many of the respondents, and several concrete examples of deficiencies and successes in the ways AA is implemented are reported.     

The miscarriages of justice in late Qing Dynasty—analysis focused on the original trial judge Liu Xitong in the case of Yang Naiwu and Xiao Baicai

This article introduces the case of Yang Naiwu and Xiao Baicai, a famous case in late imperial China, and its important value for the study of legal history of the Qing Dynasty. Based on the analysis of this case, this article focuses on the issue of the responsibility of the magistrate Liu xitong, the judge of this case, who analyzed the mentation of his miscarriage under the pressure of the rules about judges responsibilities in their judgment through which reveal the stimulation and passive infection of the judgment of the judges. __________ Translated from the Jurist Review, 2005, (2) (in Chinese)     

Police legitimacy and support for vigilante violence in Pakistan

Bottoms and Tankebe recently analysed the multidimensional nature of police legitimacy and made an argument for its relevance to social order. Using survey data from three communities of varying socioeconomic conditions in Pakistan, this paper examines the links between the multiple dimensions of the Bottoms-Tankebe model of police legitimacy and support for vigilante violence. The findings show overall high levels of support for vigilantism. Regression analysis shows that experiences of police illegality consistently predict support for vigilantism across the three communities. Perceived quality of police decision-making predicts support for vigilantism in some conditions but not others. Contrary to expectations, quality of interpersonal treatment by police and police effectiveness do not explain support for vigilantism. We also found no evidence to show that feelings of obligation to obey the police mediate the influence of police legitimacy on vigilante support. The implications of these findings are discussed in this paper.     

The forensic examination of structural fires in Victoria,Australia: Decision-making processes and impact on judicial outcomes

There is a body of published research that has evaluated the contribution of forensic science to the criminal justice system, but many disciplines of forensic science remain unexplored in this regard. The aim of this study was to examine the contribution that forensic fire examination services provide to criminal investigations and court processes in arson cases. Forensic fire examination services differ in a number of ways to the disciplines covered in previous research on the impact of forensic evidence on justice outcomes. Forensic fire examinations involve a combination of scene examination and laboratory analyses, and the results can provide critical evidence of whether an incident that has occurred is a criminal offence (i.e. whether a fire has occurred as the result of an act of arson). Forensic fire examination is also a discipline that has faced challenges and undergone development in recent decades regarding its scientific basis and the issue of contextual bias. In this study, data were collated for 273 structural fires that were examined by the forensic fire services in Victoria, Australia. In this jurisdiction, scene and laboratory forensic services are delivered within short time frames with a focus on providing impartial scientific and investigative services to assist criminal investigations conducted by police. The current dataset was highly skewed in terms of criminal justice outcomes and was not suitable for conducting the planned statistical analyses. Nonetheless, the pattern of findings obtained suggested that the inclusion of forensic evidence which supported the prosecution of arson may be associated with an increased likelihood of suspects being charged and defendants found guilty. Examination of the decision-making process of the forensic fire examiners has provided insight into the variety of evidence that is considered by forensic experts in reaching the important conclusion about the origin and cause of structural fires.     

Violence,displacement and democracy in post-conflict societies: evidence from Mali

This article examines the political crisis in Mali, 2012–2013, to test the impact of violent conflict on public attitudes to democracy. In post-conflict situations, democracy building depends on interim steps to restore trust among citizens and to address national reconciliation and transitional justice. According to the results of a custom-designed opinion survey, recent experiences of violence and displacement in Mali have undermined both interpersonal and interethnic trust as well as public confidence that elected governments can resolve national conflicts. While internal displacement is frequently accompanied by violence against property, violence against persons increases popular demand for a retributive brand of transitional justice. Nonetheless, the Malian experience suggests that citizens in post-conflict societies – including those displaced from their homes – still yearn to live in a peaceful and unified country and have not abandoned a widespread preference for democracy.     

Procedural justice and perceived electoral integrity: the case of Korea's 2012 presidential election

Recently, there has been an increase in the number of scholars focusing on why voters around the world differ in their evaluations of electoral integrity. One group of scholars contends that perceived electoral integrity is determined by partisan status according to election results. Another group claims that individual perception of election quality is influenced by such political cues as institutional support for election management bodies. Although the two groups have developed this subject differently, they both underestimate the degree to which the election process affects electoral integrity. Based on the theory of procedural justice, this study argues that the more problems citizens see in the electoral process, the more negatively they tend to rate elections. An analysis of a public opinion survey conducted immediately after the December 2012 presidential election in South Korea provides credible evidence for our theoretical expectations and presents an important implication for elections of new democracies in a comparative perspective.     

Labeling effects of initial juvenile justice system processing decision on youth interpersonal ties*

The juvenile justice system can process youth in myriad ways. Youth who are formally processed, relative to being informally processed, may experience more public and harsh sanctions that label youth more negatively as “deviant.” Drawing on labeling theory, the current study evaluates the relative effect of formal justice system processing on the interpersonal dynamics of youth peer networks. Using data from the Crossroads Study, a multisite longitudinal sample of first-time adolescent offenders, the current study applies augmented inverse probability weighting and generalized mixed-effects models to estimate the effects of formal processing on friendship selection processes of homophily and withdrawal and considers whether these effects vary by race and ethnicity. Consistent with expectations of homophily, formally processed youth acquire more new deviant peers and fewer nondeviant peers during the 3 years after their initial processing decision compared with informally processed youth. The findings suggest no differences exist across processing types in withdrawal from friends. These effects were consistent across racial and ethnic groups. Ultimately, this study explores the dynamic interpersonal mechanisms associated with labeling theory and offers additional insight into the negative effects of formal processing.