论合同解除后恢复原状请求权的性质——以物权变动模式的选择为基础的考察

就合同解除后恢复原状请求权的性质,旧有的学说大都在理论逻辑上难以自圆其说或者失之偏颇.对此问题不能一概而论,而应当结合物权变动模式的选择以及合同解除的标的详加分析.在意思主义和债权形式主义的物权变动模式下,该请求权为物权性质的所有物返还请求权;在物权形式主义的物权变动模式下,则视合同解除的标的而定:若解除的是物权合同,该请求权仍为物权性质的所有物请求权,若解除的是债权合同,该请求权则为债权性质的不当得利返还请求权.     

试论社会主义市场经济条件下的道德原则

在当前社会主义市场经济条件下,应尽早确定适合目前社会发展的道德原则,使其在社会生活的诸方面起到积极正确的导向作用。本认为市场经济条件下社会主义道德原则应该包括三个方面：一是“正义与公平原则”,它代表“真”的尺度,集中体现社会进步性与合理性;二是“爱人原则”,它代表“善”的尺度,集中体现了以人为最终目的;三是“集体主义原则”,它代表“美”的尺度,集中体现了人的高尚情操。     

Trends in the Experience of Injustice: Justice Indexes About Earnings in Six Societies, 1991–1996

This paper examines trends in the experience of injustice in six societies—Bulgaria, Czech Republic, East and West Germany, Hungary, and Russia—between 1991 and 1996. Using data collected by the International Social Justice Project, we estimate the justice index, JI1, and its decomposition into the amount of injustice attributable to poverty and the amount of injustice attributable to inequality; and we also examine gender differences in the justice index and its decomposition. The justice index is a summary measure of individuals' justice evaluations, and therefore the paper also takes a preliminary look at the two basic quantities that underlie the justice evaluation—actual earnings and just earnings—and their determinants, investigating, for the men of East and West Germany, the actual and just returns to schooling and experience in 1991 and 1996.     

Drug Testing and Procedural Fairness: The Influence of Situational Variables

This study examines the effect of four variables (i.e., interpersonal treatment, organizational reputation, testing context, and consequence of testing) on perceptions of the procedural fairness of a drug-testing program. Main effects for each of these variables on perceptions of procedural fairness were expected. In addition, interactions were predicted between interpersonal treatment and organizational reputation, testing context and consequence, and testing context and interpersonal treatment. Results generally supported the hypotheses, revealing main effects for the four variables and two significant interactions. The implications of these findings for justice research and the design and implementation of drug-testing programs are discussed.     

中国陪审制度改革的前景与出路

陪审制度与司法现代化既存在矛盾性,也存在相容性。矛盾性使其处境困难,而相容性则给其带来生机。陪审制度在中国具有一定的实践基础,但其在现实中也存在着很多问题。必须加以改革。当前的重点是限定陪审案件的范围,强中审员的权利,吸收专家型陪审员。而根本的出路则在于现行司法体制的改革。     

Law and Violence in Richard Wright's ‘Native Son’

This paper seeks to intervene in the continuing debate around violence as a function of law and violence as a condition of justice. It examines a key literary work of the American civil rights movement as an instance of the establishment of an ethical community anchored by the literary text, and argues that, within such a community, the literary text is the counter-violence to which the law can yield. This revised version was published online in July 2006 with corrections to the Cover Date.     

Between Justice and Law in Aotearoa New Zealand: Two Case Studies

Through two case studies, this essay examines the relationship between the operation and practice of law in Aotearoa New Zealand and the naming of the ‘unlawful’, ‘uncivil’ or ‘disorderly’ within a colonial context. Against the background of the apparent complicity between law and colonial interest and desire in Aotearoa, I argue that, in both the ‘Haka Party’ case (1979) and Mair v Wanganui City Council (1996), the acts of the defendants draw attention to the relationship between the authority of the law and the repression or exclusion of difference. According to the judges in both cases, the dictates of Maori law and custom were in conflict with the principles of ‘law and order’. Read in terms of colonial relations, the perceived relationship between Maori law and custom and the threat to ‘civilization’, law and order reveals the way in which ‘the law’ has operated in a culturally biased manner and has reflected the interests of Pakeha (New Zealanders of European descent). Thus, the perceived threat of the challenge made to the law in either case can be seen as the threat to reveal it for what it is, to expose the violence that maintains it, and thus to open a space for critique. Perhaps more powerfully than any physical attack on the system itself, these acts which expose the law challenge it in the name of justice, making it possible for the law to be seen both as a reflection of a particular cultural interest and hence as co-opt-able, takeable and able to be made to serve another end, that of the other in the name of justice. This revised version was published online in July 2006 with corrections to the Cover Date.     

Injustice and Employees' Destructive Responses: The Mediating Role of State Negative Affect

The focus of this study was employees' destructive behavioral intentions (i.e., exit, neglect, and aggressive voice) as a result of perceived injustice. In order to get an indication of the generalizability of the results, two studies employing different methodologies were conducted among different samples: a survey study (Study 1) among 244 female maternity nurses from The Netherlands, and a vignette study (Study 2) among 71 male and 43 female employees from an international company in South Africa. Furthermore, the second study tested whether the effects of injustice on destructive behavioral intentions were mediated by state negative affect. Two models appear to fit the data well. The first model suggests that interactional injustice gives rise to negative behavioral reactions through an increase in state negative affect. The second model shows that procedural justice can buffer the negative effects of low distributive justice. Specifically, employees report more negative affect and, subsequently, a stronger tendency to leave the organization only when both distributive and procedural justice are low. The theoretical and practical implications of these findings are discussed.     

Demographics in Service Encounters: Effects of Racial and Gender Congruence on Perceived Fairness

We investigated the effects of outcome favorability, opportunity for voice, and demographic congruence on customer reactions to bank loan decisions. Applicants for loans engaged in a transaction with loan officers who were either congruent or incongruent with respect to race and gender. Results suggest that perceptions of outcome favorability and opportunity for voice explain significant variance in customer reactions. Customers responded more positively to unfavorable outcomes when they resulted from a race-congruent loan officer, and female customers responded more positively to low opportunity for voice from male loan officers than from female officers. Implications of the results for organizations serving customers who are diverse in race and gender are discussed.