Psychological effects of criminal proceedings through contact with the judge: the moderating effect of legal system structure

Psychological effects of criminal proceedings on victims have often been the focus of victimological research. The criminal justice system is repeatedly acknowledged as a source of additional harm for victims. Such a generalization, however, cannot be made to all legal systems universally to the same degree. This article compares the adversarial and inquisitorial structures of criminal justice and examines how the latter may in fact be beneficial to victim's well-being. More specifically, contact with the judge and presence at trial may be one positive form of victim participation in its most informal sense. Hierarchical regression analysis is conducted using victims of serious crimes in the Netherlands and New South Wales (NSW), Australia, to test this hypothesis. The type of legal system (i.e., inquisitorial versus adversarial) is used as a moderating variable on the relationship between contact with the judge and psychological effects. The findings indicate that victims in the Netherlands report a significant relationship, where contact with the judge is predictive of a less negative impact on psychological effects, while a non-significant relationship is found for victims in NSW.     

“基本法律”与“基本法律以外的其他法律”划分之反思

从法律文本和立宪意图分析,全国人大只能制定和修改"基本法律"、"基本法律以外的其他法律"由全国人大常委会制定和修改。弥补全国人大立法不足是现行《宪法》赋予全国人大常委会国家立法权的首要目标,而防范全国人大常委会侵夺全国人大立法权则是其附带的要求,这二者之间并非平行的目标关系;"基本法律"和"基本法律以外的其他法律"的划分,正是这种附带要求的产物。实践中,全国人大与全国人大常委会立法权限的错位以及两种不同的"法律"在效力上的混同,根源于人民代表大会制度下人大与其常委会之间权力关系在制度层面与实践层面存在的张力。     

空间效应视角下中国省域碳排放总量的驱动因素分析

运用空间计量经济学模型实证分析中国省域碳排放的空间效应及驱动因素的结果显示,中国省域碳排放存在显著的空间自相关性和集群趋势,并主要集中在经济发达、人口密集和能源消费强度大的地区;能源消费强度、人口规模和人均GDP对碳排放总量影响显著,其中能源消费的影响最大;城市化、产业结构和技术创新对碳排放的影响不显著。该研究结论为我国城市化和产业结构升级进程中控制碳排放增量、国家和地方政府建立相应的碳减排鼓励政策和技术研发支持机制,以及各省域构建各具区域特色的低碳经济发展模式具有决策参考意义。     

期望效用理论是现实生活的决策基础吗?——基于前景理论的反思

现代主流经济学将不确定下的决策建立在期望效用理论之上,但大量的行为或选择悖论却对期望效用理论提出了挑战.事实上,人类行为并非追求期望效用最大化,而是包含了对风险的规避;风险厌恶也并非是普遍定律,而是更为凸显损失厌恶;同一问题也并非有相同决策,而是受不同框架的影响;决策权重与概率也不同,存在非线性关系;心理买价和心理卖价也不同,存在明显的禀赋效应;人们的选择与其评价往往也不一致,会出现偏好逆转现象.基于这些悖论,卡尼曼等提出了前景理论,它比预期效用理论更贴近现实,也更有利于理解和解释现实行为.     

企业如何解决战略协同中存在的问题

企业在战略策划阶段选择了不同的战略模式来实现协同。然而,不少企业在战略实施之后,发现自己并没有实现协同,甚至出现了战略协同失败的结果。面对这些事例企业应对战略协同过程中遇到的问题进行认真分析,从企业自身出发,寻找解决问题、实现协同的方法。     

Retrospective reports of parental partner abuse: Relationships to depression,trauma symptoms and self-esteem among college students

This study tested whether retrospective reports of childhood exposure to parental partner abuse were associated with internalizing aspects of adult adjustment. Participants were 550 men and women college students. Among women, childhood exposure to partner abuse was related to depression, trauma-related symptoms, and low self-esteem; among men, exposure was associated with trauma-related symptoms. These relationships were statistically independent of reported parental alcohol abuse and divorce. Relationships of parental partner abuse to low self-esteem and depression among women were also independent of variation in retrospective reports of child sexual and physical abuse. However, the relationship of partner abuse to trauma-related symptoms depended, in part, on the co-occurrence of child abuse. The discussion addressed implications of the findings for future research and for clinical practice.     

论无权代理的法律效果

在民事法律实践中 ,有些民事法律行为因具备代理行为的表面特征而成立代理行为 ,但由于欠缺代理权 ,只能构成无权代理。无权代理发生何种法律效果 ,要区分不同情形而定。无权代理包括狭义的无权代理和表见代理。狭义的无权代理是一种效力未定的法律行为 ,可能发生代理无效的法律效果 ,也可能发生代理有效的法律效果 ;表见代理虽为无权代理 ,仍发生有权代理的法律效果。     

The Role of Victim-Related Factors in Victim Restitution: A Multi-Method Analysis of Restitution in Pennsylvania

Mandatory statutes do not always produce change, but a 1995 Pennsylvania statutory change making restitution mandatory dramatically increased the proportion of cases in which restitution was imposed. There are three possible reasons for this generally successful implementation: (a) judges agreed with the victim-centered goals of the statute, (b) there were mechanisms in place to implement the goals of assisting victims, and (c) there was a context supportive of victims that made it easier to follow the law. Two studies investigated these possible explanations. First, a statewide survey of trial court judges suggested that they agreed with the statute's goals of compensating victims. Second, hierarchical logistic models of 55,119 statewide restitution-eligible decisions indicated that a victim-related contextual factor, the nature and location of the victim/witness assistance office, was significantly related to the imposition of restitution, although a more general contextual factor relating to funding for victim programs had only small effects.     

The ‘New Right' Vote: An Analysis of the Gender Gap in the Vote Choice for the SVP

Studying the Swiss national elections 2003, we find a pronounced gender gap in the SVP vote ‐ women are significantly less likely to vote for this party than are men. In order to explain this gender gap, this article combines two innovative approaches. On the one hand, it links the literature on gender gaps with research on the New Right. On the other, it makes a distinction between the conditional and compositional effects of explanatory factors. Our analysis reveals that conditional effects are of greater relevance than compositional ones. Explanatory factors regularly applied in research on the New Right have a conditional effect inasmuch as they only have an effect on male voters, but cannot explain the behaviour of women. This, in turn, also highlights the importance of a gender‐specific focus for further research.     

An 18-Year Model of Family and Peer Effects on Adolescent Drug Use and Delinquency

The interrelationship of family and peer experiences in predicting adolescent problem behaviors was examined in an 18-year longitudinal sample of adolescents (N = 198) from conventional and nonconventional families. Positive associations among early childhood predictors and adolescent problem behaviors were consistent with problem behavior theory. The most powerful predictors of teen drug use and delinquent behaviors were similar behaviors by peers. Peer behaviors, however, were in turn predicted by earlier family-related variables and the quality of peer relationships in childhood. This study provides supporting evidence that strong peer effects in adolescence reflect even earlier processes in childhood and highlight the importance of linkages from early childhood experiences in family and peer contexts to the development of problem behaviors in adolescence. Implications for prevention and intervention programs are discussed.