被害人过错行为的刑法意义研究

当前,在西方,被害人过错已经被赋予积极的刑法学意义,它已是减轻行为人刑事责任的法定事由之一.反观中国刑法,这一问题在理论上则很少涉及,在司法上也仅仅将其置于量刑上的酌定情节来对待.这反映了我国刑法学术界和司法实践界对处于刑事法中主体地位之被害人的漠视.不考虑被害人之行为在整个犯罪过程中之主动地位,也严重损害了行为人之人权.文章从我国现行刑法中被害人之刑法地位的不足入手,进而阐述在刑法中将被害人过错行为作为降低被告人刑事责任之法定事由的合理性,最后分析我国设立该理论之模式及其在司法中的具体操作.     

Treatment format and external validity in international relations experiments

Political scientists use short vignettes or mock news stories to embed treatments in experimental survey designs. We investigate whether the choice of format entails a trade off between internal and external validity. On the one hand, short vignettes may improve internal validity by isolating key variables without overloading respondents with information, thereby mitigating satisficing and improving data quality. On the other hand, mock news stories may improve external validity by approximating the circumstances under which individuals consume political information, which may enhance the credibility of the information. We find no evidence, however, that short vignettes mitigate satisficing more than mock news stories. Nor do we find that mock news stories enhance individual perceptions of the credibility of the information. Instead, we find that short vignettes are susceptible to confounding, which mock news story mitigate. These findings have important implications for debates about the use of survey experiments in political science.     

Migration and geopolitical preferences

This paper investigates the impact of work experience abroad on migrants’ geopolitical preferences. For this purpose, I analyze representative survey data from Moldova, a country caught in an ideological battle between Russia and the West, with high emigration rates to both destinations. In a first step, I show that return migrants from the West are significantly more likely to support European Union (EU) accession than non-migrants, while return migrants from the East are more likely to support closer ties with Russia, controlling for economic, demographic, and ethnic confounding factors. In a second step, I use district-level variation in migrant networks as an instrument for individual migration. Second-stage regressions show that work experience in the West increases support for EU accession, while no evidence of causal effects is found for work experience in the East. Differences in information exposure and migration policies between the EU and Russia may explain this asymmetry.     

The need for protection and punishment in victims of violent and nonviolent crime in the Netherlands: The effect of relational distance

A crime victim’s relationship to the offender is widely recognized as an important variable in the study of victims and the criminal justice system. However, studies concerning comparisons of the needs of victims at various relational distances to the offender are lacking. The authors studied how the victim’s need for protection and punishment correlated to the victim’s relational distance to the offender. The authors distinguished more than the usual two victim-offender relationships (known vs. stranger offender), so that the needs of victims at intermediate relational distance (offender is known to the victim, but not an intimate) to the offender might become visible. A total of 370 victims were interviewed about their reasons for reporting the crime. Respondents were divided into three groups: small (intimates), intermediate (nonintimates), and large (strangers) relational distance. While controlling for gender of the victim and type of crime, the needs of victims were found to vary with the relational distance to the offender.     

Psychological Distress,Formal Help-Seeking Behavior,and the Role of Victim Services Among Violent Crime Victims

Using data from the 2015 National Crime Victimization Survey, this research explores the characteristics related to psychological distress and formal help-seeking behavior among victims of violent crime. Logistic regression analyses indicate that psychological distress symptoms vary by victim and offense characteristics. As anticipated, for example, the odds of a victim of sexual assault reporting the highest level of psychological distress are 5.88 times higher than are the odds of simple assault victims. However, when looking at subsequent formal help-seeking behavior for psychological distress, sexual assault victims do not seek formal help for their distress more than victims of other violent crimes. The analyses reveal that only gender and disability consistently predict high psychological distress and formal help-seeking behavior. Contact with a victim service agency was shown to be a powerful predictor of formal help-seeking behavior, though the analyses illustrated that victims most in need of intervention are not always the ones who receive it. In fact, only 23% of victims sought formal help for their psychological distress. This study sheds additional light on the issue of psychological distress and the limited formal help-seeking behavior of violent crime victims, while illustrating characteristics predictive of formal help-seeking, such as intervention through victim services.     

我国群体诉讼的立法与司法实践

我国大多数群体纠纷被法院分案受理,既有制度本身的问题,又与司法实践中存在着影响法院积极适用代表人诉讼的诸多因素和司法政策有关。由于群体纠纷本身就需要根据案件的具体情况,采取多元化的方式处理,所以,法院通过其他一些诉讼形式解决群体纠纷是无可非议的。但是,在多元化群体纠纷解决机制中,代表人诉讼制度是必不可少的,其独特的价值和功能是不可能被现在各地法院所尝试的其他替代性诉讼方式所完全取代的。     

论公诉案件被害人刑事和解权的法律保障

刑事和解发端于20世纪中叶,是西方国家刑事政策和法律价值观变化的产物。随着我国轻微犯罪所占比例的逐年上升,当事人双方有和解意愿的越来越多,建立刑事和解制度是司法实践的需要。平衡理论、叙说理论和恢复正义理论是西方学界对刑事和解理论基础的解说。在我国创建和谐社会的背景下,对刑事实体法与程序法理论的友思使被害人的刑事和解权寻找到了自身存在的合理根据。被害人刑事和解的需求最终要通过立法给予其制度上的保障,为此要合理确定我国刑事和解的案件范围并建立被害人帮助制度。     

Homogeneous National Management Policies or Autonomous Choices by Administrative Units? Inter- and Intra-Country Management Tools Use Variations in European Central Government Administrations

ABSTRACT

This article presents an original research on the use of management tools in central government departments and agencies in 16 European countries. It is based on a survey conducted among senior managers (n?=?5,998). The analysis shows that the use of management tools results from a combination of top-down implementation of a list of management tools at the national level, combined with a bottom-up independent selection of tools by administrative units. The variation in management tool use depends on the type of tool. While the uses of a HRM tool, such as performance-related pay, or a financial tool, such as risk management, are heavily influenced by national public management policies, service quality-type tools, such as user surveys or quality management systems, tend to be chosen in a more autonomous manner by different administrative units, especially agencies.     

Identity,procedures and performance: how authoritarian regimes legitimize their rule

ABSTRACT

Constructing convincing legitimacy claims is important for securing the stability of authoritarian regimes. However, extant research has struggled to systematically analyse how authoritarians substantiate their right to rule. We analyse a novel data set on authoritarian regimes’ claims to legitimacy that is based on leading country experts’ assessments of 98 states for the period 1991–2010. This analysis provides key new insights into the inner workings and legitimation strategies of current non-democratic regimes. Closed authoritarian regimes predominately rely on identity-based legitimacy claims (foundational myth, ideology and personalism). In contrast, elections fundamentally change how authoritarian rulers relate to society. In their legitimacy claims, electoral authoritarian regimes focus on their ‘adequate’ procedures, thereby mimicking democracies. All regimes also stress their purported success in proving material welfare and security to their citizens.     

“Victim Refuses to Cooperate”: A Focal Concerns Analysis of Victim Cooperation in Sexual Assault Cases

Research suggests that victim cooperation is a strong predictor of arrest and prosecution in sexual assault cases. Relatively little research has focused on identifying the factors that shape the decision to cooperate and the research that does exist is largely atheoretical. We address these gaps by examining victim cooperation using a revised version of the focal concerns perspective. We use data on cases reported to law enforcement agencies in Los Angeles to estimate models using factors situated within three victim focal concerns—crime seriousness, costs of cooperation, and likelihood of conviction—for three stages of the case process. We supplement these results with qualitative data from police reports regarding the reasons why victims refused to cooperate. The findings of this study provide initial support for the theoretical development of victim cooperation using the focal concerns perspective and provide potential guidance to criminal justice practitioners on how to increase victim cooperation.