几种"社会主义"模式的比较和科学社会主义在中国的实行

介绍西方在一百多年来探索优于资本主义制度的几种社会主义模式的情况,并阐述了他们寻找到的科学社会主义的模式,这种模式被中国的知识分子接受并广为传播,而最终成为中国共产党人的选择.     

程序正义语境下的死刑复核审理模式探究

作为我国刑事诉讼中的特殊程序,死刑复核程序是保证死刑准确适用的一道警戒线。传统的书面审理方式有许多弊端。基于程序正义的要求,死刑复核程序需要摒弃这种审理方式而转向开庭审理。为此,就需要对机构设置、当事方参与和程序运作等问题作出统一规划和合理构建,以合乎程序正当性之要求。     

论经济法调制主体及其工作人员的责任追究模式与分担方式

对经济法调制主体及其工作人员进行责任追究时,应以其违反了法定的调制程序而不是行为造成了实体损害为前提。调制主体本身不应当对其工作人员实施的普通违法调制行为承担责任,但基于实际需要,应代位承担赔偿责任,这种赔偿责任应纳入传统的国家赔偿责任。     

The Limits to Evidence‐Based Policy: Evidence,Emotion and Criminal Justice1

While ‘evidence‐based’ or ‘rationalist’ approaches to criminal policy may appeal to technocrats, bureaucrats and a number of academics, they often fail to compete successfully with the affective approaches to law and order policies which resonate with the public and which appear to meet deep‐seated psychological needs. They also often fail to recognise that ‘policy’ and ‘politics’ are related concepts and that debates about criminal justice are played out in broader arenas than the academy, the bureau or the agency. To be successful, penal reform must take account of the emotions people feel in the face of wrongdoing. Further, successful reform must take into account changes in public ‘mood’ or emotions over time and be sensitive to different political and social cultures. This article argues that criminal justice policies are more likely to be adopted if, in addition to the gathering and presentation of evidence, they recognise and deal with the roles of emotions, symbols, faith, belief and religion in the criminal justice system. It also recognises that evidence alone is unlikely to be the major determinant of policy outcomes and that the creation and successful implementation of policy also requires extensive engagement and evidence‐based dialogue with interested and affected parties. This necessitates a different kind of modelling for evidence‐based policy processes.     

Municipalities’ willingness to adopt process innovations: evidence for higher cost-efficiency

In the public sector, innovation is understood as a major driver of public service performance improvement and excellence. On the one hand, previous research has proven a positive effect of innovation adoption on performance in the public sector. On the other hand, a broad literature proves positive effects of innovation antecedents on innovation adoption. This study bridges this gap and analyses the effect of an innovation antecedent – willingness to adopt a process innovation (accrual accounting) – on municipalities’ service provision cost-efficiency. Therefore, the author makes use of a panel data set of German municipalities, located in the federal state of North Rhine-Westphalia. Evidence shows that a higher municipal willingness to innovate relates to higher cost-efficiency. A higher innovation willingness might have a maximal effect of 17 percentage points on municipality cost-efficiency.     

Quantitative Analysis of the Morphological Changes of the Pubic Symphyseal Face and the Auricular Surface and Implications for Age at Death Estimation

Age estimation methods are often based on the age‐related morphological changes of the auricular surface and the pubic bone. In this study, a mathematical approach to quantify these changes has been tested analyzing the curvature variation on 3D models from CT and laser scans. The sample consisted of the 24 Suchey–Brooks (SB) pubic bone casts, 19 auricular surfaces from the Buckberry and Chamberlain (BC) “recording kit” and 98 pelvic bones from the Terry Collection (Smithsonian Institution). Strong and moderate correlations between phases and curvature were found in SB casts (ρ 0.60–0.93) and BC “recording kit” (ρ 0.47–0.75), moderate and weak correlations in the Terry Collection bones (pubic bones: ρ 0.29–0.51, auricular surfaces: ρ 0.33–0.50) but associated with large individual variability and overlap of curvature values between adjacent decades. The new procedure, requiring no expert judgment from the operator, achieved similar correlations that can be found in the classic methods.     

Legislative Committees as Uncertainty Reduction Devices in Multiparty Parliamentary Democracies

Most research on committees in multiparty legislatures in parliamentary democracies focuses on their role in solving intra-cabinet delegation problems. Using a straightforward spatial model, this article discusses how committees can also solve uncertainty problems that arise in settings characterised by unstable coalitions, weak governmental agenda control and a lack of government change. In order to explore empirically how committees solve these problems, the article focuses on the success (and later decline) over the last 30 years of the sede legislativa, a law-making procedure that formalises ‘universalism’ in Italian legislative committees. The statistical results largely confirm the theoretical expectations.     

Deterrence and delinquency: An analysis of individual data

Is commission of crime deterred by fear of arrest? Individual self-reported data on the commission of three crimes are analyzed in relation to perceived probabilities of arrest for more than 3000 French-speaking teenagers of the Montreal school population in 1974. The crimes are shoplifting, drug use, and stealing an item worth more than $50.00. In addition to the effect of the individuals' perceptions of the probability of arrest for the three crimes, age, sex, and previous arrest record are also taken into account. The data are all categorical. A multivariate log-linear probability model is estimated in order to test hypotheses concerning the direction and magnitude of bivariate associations among the variables. We conclude that there is clear evidence of a negative association between the subjective probability of arrest for each crime and the frequency of commission of that crime. We also find some negative cross-effects of the perceptions of the probability of arrest for one type of crime on the commission of another, holding constant the direct effects.     

Recidivism among drug offenders: A survival analysis of the effects of offender characteristics,type of offense,and two types of intervention

The determinants of recidivism are increasingly becoming the focus of public concern. This study explores the relative effect of type of intervention, offender characteristics, and type of incident offense on time to a petition to revoke probation and time to a probation revocation. Our analysis of intervention effects includes both parametric and nonparametric estimation procedures. Estimating five distributional forms of survival and a proportional hazard model for each measure of recidivism, the analysis indicates no difference in the effect of a program of drug monitoring and treatment, compared to drug monitoring only, for either of the two measures of recidivism. In addition, findings indicate that younger offenders and African American offenders have a shorter time to a petition to revoke probation. We also found a reduced time to failure for a probation revocation for African American offenders and offenders with a prior arrest record. Our findings offer empirical support for a reconsideration of the type of intervention effective in deterring offenders while on probation.     

Micro-models of criminal careers: A synthesis of the criminal careers and life course approaches via semiparametric mixed poisson regression models,with empirical applications

Much recent research and debate in criminology have centered around how to conceptualize and model longitudinal sequences of delinquent and criminal acts committed by individuals. Two approaches dominate this controversy. One originates in thecriminal careers paradigm, which emphasizes a potentialheterogeneity of offending groups in the general population—thus leading to a distinction between incidence and prevalence of criminal offending, a focus on the onset, persistence, and desistence of criminal careers, and the possibility that criminals are a distinctive group with constant high rates of offending. Another approach places criminal events within a broader context ofstudies of the life course by explicitly substituting the conceptualization of “social events” for that of “criminal careers”. With respect to analytical models, this approach emphasizes a potentialheterogeneity of offenders with respect to order of criminal events from first to second to higher orders and thus suggests an analysis of the “risks” or “hazards” of offending by order of offense. Some extant commentaries on the criminal careers and life course approaches to conceptualizing and modeling longitudinal sequences of delinquent and criminal events committed by individuals have emphasized their differences and incompatibilities. In contrast, we apply recently developed semiparametric mixed Poisson regression techniques to develop conditions under which the two conceptual/modeling approaches are formally equivalent. We also modify the semiparametric mixed Poisson regression model of criminal careers to incorporate information on order of the delinquent/criminal event and develop an empirical application. This modification demonstrates the complementarity of the criminal careers and life course approaches, even though they have somewhat different foci.