公职人员政务处分与行政处分衔接的问题及完善

公职人员政务处分与行政处分衔接具有必要性和可行性,但目前二者衔接存在不足,主要表现为启动程序有待进一步明确,处分中的调查取证面临困难,处分结果的适用问题有待解决。有必要合署办公,在启动程序上直接沟通;完善相关规定,优化调查取证;明确处分标准,公开处分程序,优化救济管道,推动二者衔接,使其更好发挥作用。     

责令限期拆除行为的二元化建构及司法审查进路

责令限期拆除本是行政机关针对违法建设、违法占地行为常见的执法手段之一,但理论界和实务界对于责令限期拆除行为的性质以及可诉性存在较大争议。尽管《行政处罚法》(2021修订)第九条并未明确责令限期拆除是否属于行政处罚,但其第六项"法律、行政法规规定的其他行政处罚"作为兜底性条款为责令限期拆除的行政处罚性质保留了法律依据。基于责令限期拆除行为的"二元化"结构,若行政机关作出责令限期拆除行为居于行政执法程序的中间环节,则将其视为一种过程性的行政命令,不具有可诉性;若行政机关作出责令限期拆除行为居于行政执法程序的最终环节,无论其采取何种形式,均视为行政处罚,应当按照《行政处罚法》的规定履行查处程序并进行司法审查。     

Comparison of Role Perceptions of Immigrant Foster Parents of African Descent from English-Speaking Caribbean Countries and African-American Foster Parents

Abstract

This article reports the findings of a study that compared the role perceptions of African Caribbean (n= 43) and African American foster parents (n= 91) who belonged to a single foster care agency located in New York City. The Foster Parent Role Perception (FPRP) scale was used to measure perceived responsibility. Findings indicated more similarities than differences between the two groups. For example, there were no significant differences between the two groups as regard to demographic characteristics, role perceptions or order of priority given to foster parent role responsibilities. The implications of these findings for practice are discussed.     

Economic voting under the economic crisis: Evidence from Greece

Having joined the Eurozone in 2001, Greece experienced a short period of economic euphoria before confronting a major financial crisis some nine years later. In the period between joining the Eurozone and accepting the joint IMF/EU bailout package, the economic situation facing Greek voters changed dramatically. I use this setting to test the economic voting hypothesis. Using longitudinal aggregate data from 1981 to 2009, I investigate the relationship between macroeconomic indicators and vote share of the incumbent party to test the “grievance asymmetry” hypothesis. Moreover, by using individual-level data from 2004 to 2009, I investigate the extent to which retrospective sociotropic evaluations about the state of the economy are associated with support for the incumbent party. The results suggest that sociotropic economic evaluations are associated with government party support, but in a period when the economy is at its worst the incumbent has no real chance of winning and should expect support only from its long-time loyal supporters.     

Do Blacks Speak with one Voice? Immigrants,Public Opinions,and Perceptions of Criminal Injustices

This paper tests core tenets of the theory of African-American offending proposed by Unnever and Gabbidon. Their theory posits that African-Americans have a common worldview on matters of race that is related to their offending. However, Unnever and Gabbidon further hypothesize that immigrant blacks do not fully embrace the worldview shared by US-born blacks. Using a 2008 national Gallup poll, we examine whether US-born blacks share a common worldview and whether foreign-born blacks differ in their opinions on key issues including: criminal injustices, the state of American race relations, attitudes towards immigration and illegal immigrants, and the perception of mobility within American society. The results partially confirm their two key hypotheses; there are no entrenched differences in the public opinions of US-born blacks on race-related matters while immigrant blacks do not wholly endorse their worldview. We discuss the implications of these two findings in relation to how scholars conceptualize offending among blacks.     

Re-Examining the Functional Form of the Certainty Effect in Deterrence Theory

In this paper we explore the functional form of the risk-certainty effect for deterrence. Using a sample of serious youth offenders, we first estimate a simple linear model of the relationship between the perceived certainty of punishment and self-reported offending. Consistent with previous literature we find evidence of a moderate deterrent effect. We then examined whether, consistent with a linear model, the effect of perceived risk is truly constant at different ranges of the risk continuum. Estimating a nonparametric regression model that makes no a priori assumption about the functional form of the model but allows the data itself to yield the appropriate functional form, we found marked departures from linearity. Our examination showed evidence of both a tipping effect, whereby perceived risk deters only when it reaches a certain threshold (between an estimated risk of .3 and .4) and a substantially accelerated deterrent effect for individuals at the high end of the risk continuum. Perceived sanction threats did, however, have a non-trivial deterrent effect within the mid-range of risk. The implications of our findings for both theory and additional research are discussed.     

Comparing Wife Abuse Perceptions Between Chinese Police Officers and Social Workers

Seventy-one Chinese social workers and 74 Chinese police officers residing in Hong Kong were surveyed on their gender-role attitudes, endorsement of wife abuse myths, and definitions of wife abuse. Results showed that compared to social workers, police officers held more conservative gender-role attitudes, endorsed more myths about wife abuse, and adopted more restrictive definitions of physical and psychological wife abuse. Hierarchical regression analyses showed that definitions of wife abuse were related to different predictors for these two groups of professionals. Among social workers, egalitarian gender-role attitudes were a significant predictor of broad definitions of physical wife abuse, but no significant predictor was found for psychological wife abuse. Among police officers, significant predictors of definitions of physical wife abuse included marital status, educational attainment, and endorsement of wife abuse myths; gender-role attitudes were the only significant predictor of definitions of psychological wife abuse.     

Violence and Gangs: Gender Differences in Perceptions and Behavior

Most research on violence has focused on males, but recent studies indicatethat females are also involved in violent crimes. Few studies, to date,have examined whether different or similar models explain male and femaleinvolvement in violent behavior. In the current research, we examine therelative contribution of social bond, self-control and social learningconcepts to the explanation of male and female violent offending. We alsoexplore the unique contribution of gang membership, school environment andprior victimization to these explanatory models. Using a multisite sampleof eighth-grade students, we find that results of a Chow test indicate theneed for separate theoretical models. Despite some similarities, differentfactors account for male and female rates of violent behavior.     

程序性制裁解构 --以刑事程序为范例

随着实体正义到程序正义的流变,程序正义逐步占据了话语主导权,但程序正义却在实践中失范,其中程序性制裁的缺失是重要原因.程序性制裁建构了违反程序的责任后果,维系了程序正义,实现权利的救济.应当在分析程序性制裁的构成要件的基础上,以比较法的视角,对我国本土的程序性制裁制度建构进行解析.     

“It's not Fair!” Adolescents' Constructions of Appropriateness of Parental Reactions

Research suggests that perceived appropriateness of parental discipline plays a role in whether adolescents accept or reject parental messages, but little is known about how adolescents conceptualize or construct their ideas of appropriateness. One hundred twenty-two adolescents (M age = 16.87) answered questions about past situations (both antisocial and prosocial), how parents responded to these situations, the adolescent's perceived appropriateness of the parent's reaction, how the parent's reaction made the adolescent feel, and what the adolescent thought the parent's intentions were. Appropriateness ratings were related to the type of parental discipline used, with yelling associated with lower ratings of appropriateness and talking associated with higher ratings. Ratings were also related to adolescents' emotions, with negative emotions associated with lower ratings of appropriateness and positive emotions associated with higher ratings. Lastly, ratings were related to adolescents' perceptions of parental intent, with inhibiting and controlling intentions associated with lower ratings of appropriateness and caring and helping intentions associated with higher ratings.