法治方式的公信力研究

法治方式的公信力视角,首先是作为治道方式的法治所具有的公信力,其次是具体法治方式的优化能有效提升法治公信力。法治公信力内涵着合法性与合理性的价值理念,其要义是通过各种层次的体系化信号传递,法律权威得到公众的信任,从而实现博弈的均衡。具体法治方式的整体优化,一是通过立法博弈来实现法律权威的系统化塑造,二是以信息公开为切入点来疏通信号传递,三是间接性地促进社会信任机制的系统建构。     

刑罚与赔偿互易之博弈论衡

刑罚与赔偿互易是指民事责任与刑事责任的相互转化,其本质是国家、被害人与罪犯的博弈：犯罪人在满足被害人求偿愿望的同时,获得从宽处罚的机会,国家也因此节约了行刑资源。要使得这种博弈实现利益最大化,应当明确这场博弈中的利害关系主体,并明确这些主体的利益需求,将其设计成类似于合同订立的＂要约与承诺＂模式。     

Coup-Proofing and Military Inefficiencies: An Experiment

Coup-proofing occurs when a leader arranges his military to prevent military leaders from overthrowing him. However, coup-proofing often has the additional effect of lowering the military’s effectiveness in conflict. This article discusses coup-proofing in the context of the Nouri al-Maliki’s regime in Iraq before presenting two formal models. The first model shows when coups are possible, leaders select military commanders with lower ability but higher loyalty. The second model shows that when coups are possible, leaders rotate their military commanders to prevent any one commander from becoming too powerful. The article then presents experimental tests of the models. The results of these laboratory experiments show that leaders are more likely to select loyal commanders or rotate their commanders under the coup treatment relative to groups with no leadership turnover or with leadership turnover according to elections. Thus, when faced with the possibility of a coup, leaders intentionally lower their military effectiveness. This article captures the dynamics behind a fundamental inefficiency introduced into groups when leadership is valuable, delegation is necessary, and powerful subordinates can remove the leader from office.     

To survive is all: How the authoritarian core tackles neighboring dictatorships

This article attempts to answer why autocrats of illiberal regional powers intervene in the politics of neighboring dictatorships and argues that the dictator always prioritizes his survival and thus intervenes if he perceives his survival to be under direct threat. The formal model proposes three factors that determine the level of perceived threat: demographic composition, structural similarity, and regime dynamic of autocratic countries. The authoritarian core must pay close attention to those neighboring autocratic countries that are suffering from regime change, are close to its own densely populated region, and have regime types or social structure similar to itself. Additionally, if hostile ethnic or religious groups are highly concentrated in some areas of the authoritarian core where it borders autocracies experiencing regime instability, the authoritarian core will be motivated to intervene in the domestic affairs of those neighboring countries. Using QCA and case studies, this article confirmed that whether an authoritarian core will take action against countries in geographical proximity depends on a combination of these three factors.     

网络游戏直播的法律关系解析

网络游戏直播是近年来我国知识产权学界关注的难点问题,案件多发,观点多样,争议不断。网络游戏直播涉及复杂的客体、多方主体及权利,宜从法律关系角度对其要素进行分析,并且应认识到在数字互联网时代传统的表演已扩展包括数字表演形式。网络游戏直播涉及的主体主要包括游戏开发商、游戏玩家和直播平台,涉及的客体主要包括游戏软件、游戏整体画面和直播画面。依据罗马公约、WPPT和我国著作权法,游戏玩家应被界定为游戏作品的表演者,游戏整体画面则属游戏作品的表演,游戏直播平台亦可成为游戏作品的法人表演者。网络游戏直播的法律关系可藉此厘清,各主体的行为及其权利与边界可得以界定,网络游戏产业可望得到合理引导。     

行政裁量与依法行政之博弈

依法行政的本质属性是对行政权的规制,从行政裁量权的角度看,这种规制体现在对裁量的主体、权力取得、适用、动机、程序、手段、效果和责任的制约。由于行政裁量权的"自由"性、行权"人"的缺陷以及权力所有者与使用者分离的缺陷,扩张成为行政裁量权的内在要求,表现为越权作为、权限内乱作为、规避和懈怠四种形式。行政裁量与依法行政的博弈经历了从排斥到接纳再到统一的历程,实现统一的关键在于构建起立法、行政、司法、媒体和公众"五位一体",事前、事中、事后全程监控,外部他律和内部自律相结合的行政裁量权综合管控模式,并处理好"羁束与裁量""规则与原则"和"自律与他律"的平衡。     

论被害人量刑意见的提出：现状与重构

被害人量刑意见是被害人表达诉求的重要载体.被害人量刑意见的提出有助于恢复被害人的受损利益,弥补公诉权行使之不足,实现刑罚裁量的客观公正.目前我国被害人量刑意见的提出还存在一系列问题,应从提出主体、内容、时机、方式以及效力等方面对被害人量刑意见提出程序进行重构.     

Health not Wealth: Enlarging the EMU

Economic health not wealth should be the decisive criterion when considering the prospects of the Central and East European (CEE) candidates for EU membership and the capacity of the EU to enlarge. Viewed this way the outlook is promising. The CEE countries are still very poor, compared to most of the existing EU members, but they are also much more dynamic. Growth rates are generally expected to remain around 4-5 per cent in CEE for the foreseeable future, compared to about 2-3 per cent for the EU. This still implies that full catch-up in terms of GDP per capita will take decades, rather than years, but full catch-up is not the relevant criterion if one is concerned about enlargement. Experience in the EU has shown that problems are much more likely to arise from established rich member countries with stagnant economies (Belgium in the 1980s and Germany today) than poor, but more dynamic states (such as Portugal and Ireland today). The fact that most of the so-called 'periphery' is now growing more strongly than the 'core' confirms that EU integration benefits poorer countries even more.     

Sam Fisher and the “war on terror”: an analysis of Splinter Cell in a post-9/11 context

This article examines the values and attitudes present within the 2002 video game Tom Clancy’s Splinter Cell, and the methods employed to convey them. It compares the game’s message with the rhetoric contained in the Bush administration’s post-9/11 “war on terror” narrative. A qualitative content analysis of a Splinter Cell “game movie” and gameplay sessions is undertaken to examine the messages communicated through elements of simulation and representation. This article finds that Splinter Cell and the “war on terror” narrative express similar perspectives of terrorism and counterterrorism. First, both exaggerate the physical and normative threat of terrorism, and portray it as overwhelmingly powerful. Second, both sources justify violent counterterrorism action through claims of necessity, urgency and self-defence. Third, violence is consistently portrayed as effective for achieving the desired objective. Finally, violence and military action are represented as simple solutions that ultimately lead to victory over terrorism. The parallels between the messages within Splinter Cell and the “war on terror” rhetoric indicate that the game was shaped by the post-9/11 culture in which it was developed. More significantly, however, Splinter Cell perpetuates and legitimises the “war on terror” narrative by conveying its message through an immersive interactive environment.     

Inter-rater reliability of dynamic risk assessment with sexual offenders

Abstract

This paper describes the inter-rater reliability of the Structured Assessment of Risk and Need (SARN, formerly known as Structured Risk Assessment). The SARN is a structured framework for identifying sexual offenders’ dynamic risk factors. The SARN comprises 16 dynamic risk factors, categorized into four domains: Sexual Interests, Distorted Attitudes, Socio-Affective Functioning and Self-Management. Two studies, utilizing three samples, are reported. Study 1 examined the inter-rater reliability of four SARN cases with a sample of seven expert raters. Results indicated high inter-rater reliability amongst these participants. Study 2 examined the reliability of SARN with two samples who had received training before supplying inter-rater data (N=88). Results provided some support for the reliability of SARN. However, strength of reliability was dependent upon the method of analysis applied (percentage agreement, Cohen's Kappa, intra-class correlation coefficients). These results are discussed in terms of their clinical and methodological implications.