A Selection of Empirical Socio-Economic Research with Respect to the Functioning of Legal Rules and Institutions in Belgium and the Netherlands

In this paper some studies with respect to empirical socio-economic research which has been undertaken in Belgium and the Netherlands concerning the functioning of legal rules and institutions are discussed. The paper focuses on the domains of criminal law, civil procedure, liability and insurance. The paper argues that contrary to the overwhelming economic literature on liability and insurance, the empirical results in that domain are poor. More research is undertaken in the area of criminal law and apparently it is overwhelming in the area of civil procedure. The latter studies are, however, mainly undertaken by socio-legal scholars and less by economists. The general conclusion of the empirical studies discussed seems to be that while the empirical literature on the effect of changes in the decision making environment on rational actions in the legal system is rich and provocative, there is much less empirical testing of the effects of legal rules as such on allocational outcomes. The paper argues that much more effort should be devoted to the latter issue.     

论国有船舶的有限管辖豁免

国有船舶管辖豁免经历了从绝对豁免到限制豁免的发展历程。20世纪初以来,国际社会开始通过国内立法、司法判例、国际条约等实践将用于商业目的的国有船舶排除在管辖豁免的范围之外。但在对国有船舶豁免范围予以限制的同时,应当注意明晰以下三个问题:用于商业目的的国有船舶应当依据船舶的用途来界定;国有企业对于所经营的国有船舶不得主张管辖豁免;国有企业具有独立的法人资格,一国法院不得任意扣押与当事船舶无关的其他国有企业的船舶。     

Factor analysis applied to magnitude estimates of punishment Seriousness: Patterns of individual differences

This research makes use of factor analysis to locate important dimensions of individual differences in perceptions of legal punishments. A sample of 152 recently arrested persons provided magnitude estimates of the seriousness of several types and levels of punishment. A factor analysis of the data showed that the major dimensions of individual differentiation were in responses to (a) lengthy periods of imprisonment; (b) several punishments judged less serious, including short periods in jail or on probation; and (c) fines. Regressions of the factor scores on individual characteristics are reported, and the implications of the analysis for deterrence theory are discussed.     

公民道德建设引入约束机制的理性思考

当前公民道德建设中 ,亟需建立一套完善的与道德教化相匹配的 ,如行政的、经济的、法律的等一系列行之有效的约束机制 ,通过约束机制的引导和支撑 ,以保证公民道德建设取得实效     

PROJECTED OFFENDING AND CONTEMPORANEOUS RULE‐VIOLATION: IMPLICATIONS FOR HETEROTYPIC CONTINUITY*

This study integrated two methodologies, the vignette‐based survey and the randomized laboratory experiment, to investigate the relationship between projected and actual offending behavior. Findings indicate that respondents' estimates of the likelihood they would drive drunk in a hypothetical vignette were positively correlated with whether they simultaneously cheated on a laboratory task to earn a cash bonus. Implications are discussed for both the prospective measurement and heterotypic continuity of criminal and antisocial behavior.     

国家及其财产豁免浅议

国家及其财产豁免 ,有绝对主义和限制主义两种主要理论。我国在实践中赞同绝对主义 ,但这方面的立法尚待完善。     

Voting in the United Nations security council

Recently, both within and outside of the U.N. there have been serious debates on certain proposals which are aimed at changing the voting structure of the Security Council. However, neither the proponents nor the opponents of these proposals provide any evidence whatsoever about consequences of the change. This paper has dealt with two critical areas: 1) the role of the veto in the functioning of the U.N. is analyzed and articulated and 2) recent proposals to change the voting structure of the Council are analyzed and their theoretical consequences are identified.     

Welfare enhancing regulation exemptions

Sanctions for regulation violations are used to deter conduct which could potentially result in great social harms. This practice over-deters low-risk entities and under-deters high-risk entities, which leads to social losses. This paper analyzes whether and how such social losses can be mitigated. I show that this can be achieved by allowing regulatees to purchase passes exempting them from regulations at appropriate prices, although they remain liable for any harm they cause.     

论“徇私”类渎职犯罪的主观要件之修改与完善——以徇私舞弊不移交刑事案件罪为角度

间接故意的认识因素是明知危害结果可能发生也可能不发生,而徇私类犯罪的认识因素要求必须是明知结果必然发生,以实现犯罪目的。故间接故意不能成为徇私舞弊不移交刑事案件罪的主观要件。但若将＂徇私＂认定为徇私舞弊不移交刑事案件罪的构成要件,将导致处罚范围不当缩小,增加查办难度,放纵渎职犯罪。因此作者认为,应当在刑法修订时,将＂徇私＂动机删除。对徇私的＂私＂的限制性解释,与刑法所保护的法益相矛盾。而且徇单位、集体之私实施渎职行为的,根本不是由于法律素质、政策水平和技术能力不高的缘故。所以,徇私的＂私＂应回归其本意。