“司法能动”在中国的展开

原教旨意义上的“司法能动”的核心指的是司法裁判过程中的“立法性”司法。中国法学界对于什么是司法能动在理解上是极不一致的,大多数人根据自己的理解进行了阐发,其中不乏添附、歪曲之界说,甚至以讹传讹之谬误。能动司法在中国的展开,既存在理论根基不足之缺陷,又面临着司法职业化和司法能动化相冲突的尖锐矛盾。但转型社会的现实,又要求中国必须同时完成司法职业化和“中国式”的司法能动化的双重任务。虽然存在诸多不足,司法能动的倡导者提出的问题依然是值得人们认真对待的。     

法律效果与社会效果的统一——中国法院角色定位的失误

本文通过对“法律效果与社会效果的统一”相关概念的辨析,通过探讨这一提法的本意,引用者的目的以及受束的理解,笔者将“法律效果”界定为法律本身对法律行为合法性的评判,将“社会效果”界定为社会各阶层从其自身利益出发对法律及其实施的合理性评判,认为法律效果与社会效果相统一的载体不应该只是法院的司法行为,而包括普遍的法律行为。法律行为的法律效果和社会效果相统一是法治社会、和谐社会的一种状态：这种状态的实现是一个渐进的过程,是整个社会走向真正法治,趋向和谐的漫长过程,不是某一个机构在短时间内能够实现的。因此,实现法律效果和社会效果相统一,是权力机关、行政机关、司法机关乃至每个公民的共同任务。法院将其作为自身独自完成的目标是其角色定位的失误。     

两国厂商相互出口条件下出口补贴与反补贴的经济效应研究

随着国际贸易的迅速发展和争夺国际市场的竞争日趋激烈,出口补贴与反补贴问题越来越受到国际社会的关注。本文运用博弈论中CITPDG博弈模型,通过分析两国政府存在出口补贴时的动态博弈过程和一国政府对对方的受补贴产品征收反补贴税时的动态博弈过程,研究并总结了该博弈模型条件下出口补贴与反补贴的经济效应。     

Comparison of Different Swabs for Sampling Inorganic Gunshot Residue from Gunshot Wounds: Applicability and Reliability for the Determination of Firing Distance

This study concentrates on samples of bare pork skin, with and without bristles, and dried bovine ribs shot with a semi‐automatic pistol to find the best methodology and sampling surface in the search for inorganic gunshot residues (IGSR). Four quadrants of known surface areas were sampled at different distances from the bullet's hole with different swabs: tapes in graphite, Leukosilk® white tape, 3M® transparent tape, and a cotton swab to assess the technique able to collect the highest amounts of IGSR with the lowest contribution of the blank. The cotton swab wet in 10% HNO₃ gave the best results. The highest amounts of IGSR, measured by ICP‐OES and MS, were detected on a surface of 3‐cm radius from the bullet's edge. The amount of metals collected decreased with the firing distance between 20 and 60 cm. The procedure was efficient for sampling different tissues like skin and bones.     

A comparison of weighted and unweighted analyses in the national Crime Victimization Survey

The National Crime Victimization Survey (NCVS) data tapes include several variables of weights that reflect how many households or persons are represented by a given data record. While these sampling weights are crucial for estimating overall victimization rates, they do not have as much of an effect on methodological models, because weights in the NCVS are used primarily in ratio estimation adjustments and to compensate for a relatively low nonresponse rate. The general use of weights is discussed, and several examples are given that indicate that although there may be some differences in the coefficients, the basic conclusions drawn from the models are the same with or without weights. It is recommended that weighted analyses in the NCVS be used primarily as a tool in model development.     

Earnings prospects,matching effects,and the decision to terminate a criminal career

This study represents an effort to investigate the age pattern of criminal involvement from an economist's perspective. It presents a dynamic stochastic model of sequential search and match evaluation which is used to explain the reasons for, and the timing of, the decision to terminate a criminal career. The behavioral implications derived from the theoretical model are tested using individual National Longitudinal Survey of Youth data. Estimation results strongly support the prediction of a negative relation between theoption value of retaining a criminal career and desistance decisions. More specifically, the effects of current and future expected criminal earnings are shown to be negative, substantial, and statistically significant in determining desistance probabilities. Retiring behavior is also significantly responsive to variables measuring personal costs of punishment and the availability and attractiveness of a legal income-generating activity in ways consistent with theoretical expectations.     

浅谈当前公安机关法律文书制发格式的缺陷及其产生的负面影响

法律文书是适用法律的重要载体 ,法律文书的制发和运用 ,对执法工作有着极其重要的影响。公安机关所制发的法律文书格式中存在的缺陷和负面影响主要有刑事法律文书格式设定不齐全 ,不对等 ,缺乏可操作性 ,造成检察机关依法移交公安机关执行的强制措施难以到位。健全和完善公安机关法律文书制发格式的建议有讲求规范化、对等化、效率化 ,以进一步提高公安机关执法人员的程序意识 ,整体执法水平及公安机关内部执法监督机制的有效性。     

Charge reduction: An analysis of prosecutorial discretion in burglary and robbery cases

Although a substantial number of researchers have studied charge reductions taking place within the context of guilty plea negotiations, few have focused on estimating the determinants of charge reductions taking place at the initial screening decision. The prosecutor's decision to reduce original felony charges to a misdemeanor has serious social, legal, and economic consequences for the suspect. This paper presents a model of the variables affecting the likelihood of such a reduction in burglary and robbery offenses. Drawing from Littrell's principled charging perspective and earlier research on labeling, the analysis involves estimating logistic regression equations specifying both main and interaction effects of the suspect's gender and race and variables related to suspect character, case seriousness, and legal seriousness. Partial support is found for Littrell's perspective.     

Public Administration Dilemmas: An Analysis of Teachers’ Perceptions of the Effects of Performance Evaluation in Post-Colonial South Africa

The adoption of the principles of New Public Management by many governments across the world was invariably accompanied by the implementation of performance evaluation. It is generally accepted that performance evaluation optimizes the performance of workers. As part of a broader investigation which employed a mixed methods approach, the study used data from six interviews with high school principals and 100 survey questionnaires with purposively selected high school teachers in uMgungundlovu District of KwaZulu-Natal, South Africa. In the analysis of this data, the paper demonstrates that beyond the obvious benefits of performance evaluation such as improvement in performance, there are also unintended consequences such as a narrow focus on measured output, teacher burnout, and falsification of information in order to maximize credit or to avoid punishment. This study illustrates the understandings of high school educators in uMgungundlovu District of the effects of performance evaluation. The findings have important implications for public administration and scholars alike.     

Dyadic Effects,Relevance, and the Empirical Assessment of the Kantian Peace

Dyadic effects to a large extent account for the difficulty of explaining and predicting international conflict. In this study, I derive a statistical model to estimate unobserved dyadic effects in the dyadic analysis of conflict. The proposed model employs a hierarchical modeling approach to estimate dyadic effects, thereby avoiding the problems caused by the use of fixed effects models. Furthermore, it simultaneously addresses the important sample selection issue of identifying relevant dyads. I show that the estimation of dyadic effects significantly improves the model fit and generates several interesting findings. Substantively, this study makes an important contribution to the empirical evaluation of the Kantian peace. It argues that international organizations increase the likelihood of conflict of interest between member states but reduce the probability of militarized conflict. I demonstrate that the positive coefficient of international organizations in Oneal and Russett (1999) is biased in the positive direction. When the proposed statistical model is used, international organizations, together with trade and democracy, reduce the probability of conflict.