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.     

建立我国民事公益诉讼制度之探讨

传统的民事诉讼强调原告必须是纠纷的直接利害关系人，这种原告适格的理论使得许多涉及社会公共利益的民事纠纷得不到解决，其原因关键在于我国未建立民事公益诉讼制度，因而对民事公益诉讼的理论、实务进行探讨是必要的。     

法院改变罪名如何运作——兼与提出设置罪名改变通知程序的龙宗智先生讨教

对于法院能否改变罪名的问题学界和实务界争议教很大.龙宗智先生认为因为立法和司法解释已将判决改变罪名的权力明确赋予法院,固而法院改变罪名就不是法院有没有权力的问题,而是如何具体运作的问题,即是一个程序问,从而建言应设置一个罪名改变通知程序来进行具体运作并进一步论证了其合理和可行性.该程序具体运作由于庭审结构畸变导致法理上的不合理,条件上的不支撑,实践上的不可行,实效上的难如愿.对协商无效后作出无罪判决更为理性.     

举证时限制度的冷思考

在价值目标上,举证时限制度不仅偏离实体公正,而且不可能真正提高诉讼效率,同时也不能真正体现和实现程序正义.大陆法系国家几乎找不到类似中国举证时限的立法体例,英美法系国家有举证时限,但其是以陪审制和漫长、充分的证据开示为依托的,且设立举证时限、证据开示的真正目的不是在于提高效率,而是发现真实,破除"竞技论"的弊端.如果说我国的举证时限制度是属于外国制度的大胆引入,那么,忽视了其制度背景和功能实质的移植是难以达到立法目的的.     

The fair process effect and procedural criteria in the resolution of disputes between intimate same-sex friends

This series of studies extended procedural justice research to the informal domain of dispute resolution in intimate same-sex friendship. The first study identified the types of disputes that occur between friends and the concerns that friends have when choosing dispute resolution procedures. Seven dispute types and 11 procedural criteria were found relevant to dispute resolution in friendship. Study 2 assessed the importance of procedural criteria for resolving several dispute scenarios. As expected, ratings of criterion importance were affected by subject and disputant sex. Females rated four criteria as more important than did males, and one criterion was rated as more important in disputes involving a male and a female than in disputes involving two females. The importance of procedural criteria was also influenced by the type of dispute, but this effect was qualified by an interaction with the dispute version. It was suggested that the importance of procedural criteria is generally defined by the context of friendship and specifically defined by the dispute topic. In Study 3, the relations among subject sex, traditional fairness variables, and criterion-based measures of process control were examined. Consistent with studies in other domains, process control predicted procedural justice, and decision control predicted distributive justive. Moreover, the hypothesized fair process effect emerged as a function of speed, a criterion-based measure of process control.     

Procedural fairness and organizational commitment under conditions of growth and decline

We surveyed employees from seven relocating firms undergoing either an expansion or decline. Employees' judgments of procedural fairnes regarding the decision procedures used to implement the change showed a stronger effect on normative commitment for sites undergoing decline than for those undergoing growth. Procedural fairness concerns therefore seem to be more important to employees experiencing organizational decline. The finding has implications for research and for the management of organizational decline.     

无效合同的诉讼时效问题刍议

我国法律对于主张合同无效的权利没有作出时间上的限制 ,本文从无效合同及诉讼时效制度功能权衡、请求确认合同无效的权利性质及其与诉讼时效的适用范围的关系来论证了请求法院确认合同无效的权利应受诉讼时效的限制。     

犯罪嫌疑人义务探析

犯罪嫌疑人负有忍受侦查的义务,但对其课以义务时应遵循适度性原则和程序性不作为义务原则。根据我国法律规定,犯罪嫌疑人有接受强制侦查行为,遵守取保候审、监视居住的规定及如实进行陈述的义务。但如实陈述义务违背了犯罪嫌疑人分担义务的"程序性不作为义务"原则,立法上应当免去这一义务,而代之以犯罪嫌疑人沉默权。犯罪嫌疑人违反法定义务将受到经济制裁和相当严厉的身体强制,甚至是致命的武器攻击,这些规定基本上符合比例性原则的要求。