新世纪中国行政法与行政法学发展分析——放权、分权和收权、集权的立法政策学视角

现代国家的行政以实现人民福祉或称国家和社会公共利益为其逻辑起点和最终归宿。行政介入的过程必须体现为对公共利益或者人民福祉的追求,体现为对市民、市场的补充性,体现为对诸多主体、诸多价值和诸多利益的均衡性。对于新世纪中国行政法制建设和行政法学理论研究来说,架构科学的行政评价的标准和体系,既是迫切的任务,又是远大的课题。如何克服政府介入的消极作用,确保行政进行自我拘束,防止其从宪法所确立的责任体系中分离出去,是各国宪法学和行政法学所面临的共同课题。“依法律行政”本身意味着法律赋予行政以框架和秩序,设定其权限范围,赋予其相应的裁量余地。行政法学不仅要分析行政国家的现状,而且还必须开拓对行政权力规范和制约的基本理论和制度,形成能够作为政府权力运作行动指南的法哲学和法治观念。科学的行政法学原理和理论体系的任务,就是要抑制行政国家的消极作用,同时又要充分利用行政国家中行政权的积极能动作用,建立健全民主主义的参与机制,最大限度地追求公共利益并保护和发展个体利益。     

完善吉林地方政府绩效评估模式的建议

政府绩效评估有助于建设法治政府、责任政府和服务型政府,但现行的政府绩效评估已经不能满足吉林地方经济发展的需要。因此,需要结合吉林地方政府绩效评估的现状和存在的问题重新阐释政府绩效评估的基本理念和功能。一方面,为吉林地方政府有效开展绩效评估工作提供理论上的依据;另一方面,为完善吉林地方政府绩效评估模式提出建议。     

The counterfactual fallacy: Confusing what might have been with what ought to have been

The thesis of this article is that reactions to misfortunes are often biased by the counterfactual fallacy: the tendency to view events that can easily be imagined otherwise as events that ought not to have been. Drawing upon a diverse set of empirical findings we demonstrate that victims' and observers' reactions to misfortunes depend on the extent to which the event prompts them to generate counterfactual thoughts or images of more positive alternatives. We discuss the factors that determine the ease with which a negative event can be imagined otherwise, along with their relevance to a variety of justice-relevant responses, including perceptions of deservingness, recommendations for compensation, and blame assignment.     

Introduction of a standardized "paternity index" for the statistical evaluation of blood group findings in paternity testing

The introduction of a standardized paternity index (PI) for the statistical evaluation of blood group findings in cases of disputed paternity is proposed and explained. By using the PI $\text{X}\text{Y}$ as parameter, it is not necessary to give the information of the probability of paternity in percent. The PI includes the full information of the blood group findings. In addition to that, by using the suggested standardization based on the probabilities of error according to Schulte Mönting and Walter the test volume is also taken into account. The interpretation of the mathematical result is given by verbal predicates, the limitations of which are orientated by the verbal predicates for the probabilities of error according to Schulte Mönting and Walter, published by us elsewhere. Besides the essential fact that the test volume is taken into account, the most important advantage of this procedure is that the mathematical result is involved in the court decision only by the PI (which is free of any valuation) and its verbal predicate and not by sometimes relatively high percentages, which may be misunderstood by laymen.     

Focus of attention and locus of control as moderators of fraternal justice effects

The influence of a colleague's performance outcomes on individual's own subsequent performance was investigated. Internal and external locus of control subjects were given information about another person's outcome which indicated two things about organizational standards: how easy or difficult they were to meet and how stringently they were applied. An attentional focus manipulation was employed to influence how subjects used this information. Half of the subjects received a group-focus manipulation and the other half a self-focus one. We proposed that perceived difficulty of standards and stringency of application would interact with attentional focus and subject locus of control to alter subject's own subsequent performances. This expectation was supported by the data. Theoretical and applied implications of this result are discussed.     

Procedural fairness and work group responses to performance evaluation systems

In a variety of settings, procedures that permit predecision input by those affected by the decision in question have been found to have positive effects on fairness judgments, independent of the favorability of the decision. Two major models of the psychology of procedural justice make contrary predictions about whether repeated negative outcomes attenuate such input effects. If such attenuation occurs, it would lessen the applicability of procedural justice findings to some real-world settings, such as organizations, where procedures often provide repeated negative outcomes. The present laboratory investigation examined the procedural and distributive fairness justments produced by high- and low-input performance evaluation procedures under conditions of repeated negative outcomes. Thirty-five three-person groups of male undergraduates participated in a three-round competition. Groups either were or were not allowed to specify the relative weights to be given to two criteria used in evaluating their performance. All groups received negative outcomes on each of the three rounds. A second experimental factor varied whether or not the group learned after losing the second round that it could not possibly win the third and final round of the competition. Measures of procedural and distributive fairness showed that the high-input procedure led to judgments of greater procedural and distributive fairness across all three rounds. The input-based enhancement of fairness occurred regardless of whether reward was possible. The implications of these findings for theories of procedural justice and for applications of procedural justice to organizational settings are discussed.     

进化心理学：当代西方心理学发展的一种新取向

进化心理学是近年在西方心理学中出现的一种新的研究取向,目前仍没有一个明确的概念和系统的理论.其基本主张是:过去是理解心理机制的关键,功能分析是理解心理机制的主要途径,心理机制是在解决问题的过程中演化形成的,模块性是心理机制整体组织的特性,人的行为是心理机制和环境互动作用的结果.它的发展与当代科学发展趋势相一致,它的研究促进了对人性和心理的进一步思考,开辟了心理学的一些新的研究领域;对其它学科的研究具有重要的启发作用.但它具有遗传决定论的倾向,方法论存在一定的缺陷,忽视了文化对进化的意义等等.     

'Dat Var Negressen Walaida Snow'

This essay is about the jazz musician and black variety stage artist Valaida Snow and the years she spent caught in Nazi occcupied Denmark. Despite rumors that she was held in a concentration camp, this essay argues that she may in fact have been shielded from the occupiers by the Danes. This essay argues that a masculinist bias in popular cultural/jazz studies obscures the histories of black women expressive artists and limits theoretical possibilities in the study of performance. It argues that the study of black women performers demands the development of more supple analytical models that attend to the heterogeneity of black expressive forms.