The Logic of the New Pay Systems Revisited–in the Light of Experimental and Behavioral Economics

The article questions the logic of the new pay systems introduced in the public sector in many countries. The pay systems and their goals are consistent when looked upon through the lens of standard economic theory. In addition, we find no contradictions between the goals of the pay systems. However, if findings of experimental economics and behavioral economics are included in the analysis of the pay systems, this is not necessarily the case. Experimental economics and behavioral economics contribute with knowledge which must be taken into account when pay systems are designed.     

公职人员经济犯罪影响因素分析——基于受贿视角的实证研究

利用行为学理论分析公职人员经济犯罪行为的产生机理,得出影响公职人员经济犯罪的因素有宏观、中观和微观三个层次。在对三个层次的影响因素进行理论分析和总结的基础上,以受贿犯罪类型为视角,选取实地调研的373个公职人员经济犯罪案例,对其中6个可观测变量进行逻辑回归分析。结论表明:影响不法公职人员受贿的因素有成长环境、受教育程度、年龄、级别以及公职人员类型,这些因素都与不法公职人员采取受贿犯罪类型呈正相关关系,影响力由大到小依次为:级别、受教育程度、成长环境、年龄和公职人员类型。     

New Technology Meets an Old Teaching Challenge: Using Digital Video Recordings, Annotation Software, and Deliberate Practice Techniques to Improve Student Negotiation Skills

There is a world of difference between teaching negotiation theory, which pertains to conceptual understanding, and teaching negotiation skills, which pertain to actual behavior in real‐world situations. The principle of reflective practice is widely used for theoretical instruction. Deliberate practice, however, is a more powerful model for skills training. Cognitive scientists have discovered that subjects will learn skills best when they perform well‐defined tasks at appropriate levels of difficulty, and when they are given immediate feedback, an opportunity to correct their errors, and an opportunity to practice until the tasks become routine. To satisfy the deliberate practice conditions for large graduate‐level negotiation courses (some as large as seventy students), students were assigned to use webcams with their laptop computers to video record their negotiation exercises. Before each exercise, students were assigned to prepare for and to concentrate on performing two or three well‐defined tasks. Students reviewed these recordings and commented on their performances in a journal before uploading the videos and journals to an assigned network folder. The instructor and teaching assistants then reviewed the journals and specified portions of the videos and provided individual written feedback to the students. The instructors found that student negotiating skills have improved significantly using this new system. In comparison with earlier semesters, students also felt they were involved in a more intense and personal learning experience. A majority of students reported they intend to apply the principles of deliberate practice in their professional lives after graduation. The authors have found this method continues to challenge their ability to identify and describe the skills used by expert negotiators. As an addition to this new methodology, two of the authors have spearheaded the development of video annotation software, known as “MediaNotes,” to help students and instructors review, comment upon, and learn from video recordings of negotiations. Based on their experiences using the software to support deliberate practice, the authors expect this tool to initiate a significant advance in our ability to recognize and describe expert negotiation behavior and in students’ ability to improve their negotiating skills.     

Customary Homicides in Diyarbakir Province

This study presents an analysis of the causes of so‐called honor killings in the context of “customary homicide” and a discussion of preventive measures. Finalized case files of customary homicide between January 1, 2007 and December 31, 2012 were retrospectively examined in Diyarbakir Province, Turkey. Of a total of 28 case victims, 17 (60.7%) were females and 11 (39.3%) were males. All perpetrators were male. There was a significant difference between male and female victims in terms of economic independence (p = 0.000). A direct blood relationship or relationship by marriage (such as brother‐in‐law) was found to have a significant association with the gender of the victim (p < 0.001). Multilevel educational activities targeting a transformation of the perception of women by society, replacement of patriarchal models with more modern attitudes, and encouragement of individuality may represent effective strategies that may help reduce the number of customary homicide, which represents a multifaceted problem.     

论行为犯的构造

所谓行为犯是指刑法分则规定的基本的犯罪构成不要求有危害结果的发生 ,只要实行行为一俟完毕 ,基本构成要件即为齐备的犯罪类型。行为犯在犯罪客体、实行行为的特性以及犯罪的主观方面都有显著不同于结果犯和其他犯罪类型的特点。行为犯的基本构造特征有利于我们正确识别和认定行为犯 ,在实体法和程序法上都有重要意义。     

论分类的犯罪既遂标准

犯罪既遂的概念应当从实质意义上界定,并应与犯罪既遂的判断标准相区分;"构成要件齐备说"难以承担犯罪既遂判断标准的功能;从犯罪既遂角度划分的犯罪类型仅包括结果犯和行为犯两种,应在此基础上分别界定不同种类犯罪既遂的判断标准。     

中菲知识产权刑法立法比较研究

：菲律宾知识产权刑事立法采用混合型模式,有利于调节刑法典的稳定性与其对频繁变动的社会关系的适应性;罪名体系比较完整;原则上任何故意侵犯知识产权行为都构成犯罪,仅将犯罪目的作为个别侵犯知识产权犯罪的主观要素,并且该目的要素并非唯一的选项,相对而言比中国著作权犯罪“以营利为目的”的规定要宽松;行为方式可谓形式多样、种类丰富,而中国侵犯知识产权犯罪的行为方式则比较狭窄;虽然都规定了一定的刑事门槛,但中国规定的“违法所得数额”等情节设置不科学,不利于司法认定;两国侵犯知识产权犯罪的刑罚设置以短期自由刑为主,并设立罚金刑,有利于该类犯罪的惩治与预防,但在罚金数额的设定上,都需要借鉴限额罚金制与倍比罚金制相结合的方式。     

Characteristics of men and women completing cognitive/behavioral spouse abuse treatment

Although abuse in relationships is widespread and often escalates without intervention, the scant extant data indicate that people in abusive relationships often fail to complete treatment programs. We compared demographic characteristics, Male-Female Relations Inventory scores (MFRI), and selected MilIon Clinical Multiaxial Inventory I (MCMI-I) scale scores of men and women who did and did not complete an 8-session 4-week cognitive/behavioral group treatment program. The 16 completer men had lower scores on MCMI-I scales related to drug abuse as compared with the 18 noncompleter men. Court-referred men completed more often than other men. The 23 completer women also had lower scores on MCMI-I scales related to drug abuse than the 17 noncompleter women. Fewer of the completer women were employed and fewer had children than the noncompleter women. Scores on the MFRI were not different for completer or noncompleter men or women. Implications for interventions are discussed.     

系列杀人案件并案之行为证据分析

并案侦查是侦破系列杀人案件的总体思路,在此过程中,侦查人员应有效运用行为证据,建立对犯罪行为、犯罪现场、受害者之间联系的认识,揭露、证实犯罪,完成侦查行为。