论恶意诉讼

近年来,恶意诉讼案件在我国一直呈上升趋势。该现象的出现是由某些人道德素质低下、诉讼不可避免的负面效应以及法律制度的内在缺陷等几方面原因所致。参酌域外相关的立法例,在分析现有相关法律的局限之后,总结了区分恶意诉讼与一般诉讼的识别标准,并提出了规制我国恶意诉讼的立法建议。     

Evaluating Stranger and Acquaintance Rape: The Role of Benevolent Sexism in Perpetrator Blame and Recommended Sentence Length

In most jurisdictions, the law does not recognize the distinction between stranger and acquaintance rape. However, these two types of rape seem to elicit different responses from both lay observers and legal practitioners. Two studies investigating the role of benevolent sexism (BS) in accounting for participants' responses to acquaintance vs. stranger rape perpetrators are reported. Participants were presented with vignettes describing either an acquaintance rape or a stranger rape. As predicted, relative to low-BS individuals, participants who scored high in BS attributed less blame (Study 1) and recommended shorter sentences (Study 2) for the acquaintance rape perpetrator. Benevolent sexism was unrelated to reactions to the perpetrator in the stranger rape condition.     

Age Differences in Lineup Identification Accuracy: People Are Better with Their Own Age

Previous research has reported that young adults are better at eyewitness face recognition than are older adults. However, these studies have used young adults as culprits and fillers. We explore how the relative ages of the witness and the culprit influence eyewitness accuracy in 2 experiments. In the first experiment, young (18–25 years old) and older (35–55 years old) adults each saw 4 crime videos. In 2 the culprit was a young adult and in 2 the culprit was an older adult. Participants were more accurate at identifying the culprit when viewing culprit present lineups comprising people of their own age: an own age bias analogous to the own race bias. In the 2nd experiment, using a similar procedure, young (18–33 years old) and older (40–55 years old) adults viewed both culprit present and culprit absent lineups. The results of the first experiment were replicated for the culprit present lineups. However, no own age bias was found for the culprit absent lineups. Implications for police procedures dealing with cross-generation identifications are discussed.     

Social Disadvantage and Students' Perceived Injustice in Socially Integrated Schools in Israel

In this study we explored objective and attributed explanations of perceived injustice (PI) with respect to instrumental and relational rewards among junior high school students. Despite the socially heterogeneous school and classroom setting, PI found was relatively modest and differentiated by domain. It was more effectively accounted for by cognitive ability than by socioeconomic status, while the effect of ethnic extraction was very small. PI was attributed much less to social background than to teacher and individual factors with regards to instrumental rewards, and to teacher and peer behavior concerning relational rewards. To explain these findings we have suggested the egalitarian climate of the school and its success in bringing students to comply with the meritocratic norm, the disadvantaged students' rational consideration of the positive contribution of the integrated school to their life chances, and the diminishing ethnic identification among the younger strata of the Israeli society.     

论拾得遗失物

文章通过分析我国《民法通则》和《物权法》中拾得遗失物制度的相关规定,对该制度中的拾得物归属、报酬请求权、费用偿还请求权等问题进行了探究和评析,指出了几点《物权法》对该制度的完善,并提出了自己对拾得物遗失制度的几点立法建议。     

The Meaning of Intuition for the Negotiation Process and Outcome

Intuition is a useful tool for negotiators, as negotiations are often highly complex endeavors in which people make holistic judgments with incomplete information and no time for deliberation. Therefore, one might expect that intuition greatly influences negotiations and their outcomes and that negotiators would use intuition to their advantage. However, there is almost no systematic research into the meaning of intuition for negotiation. In this conceptual paper, drawing on five interviews of experienced negotiators, we apply general research on intuition to the specific case of negotiation and find that negotiators use intuition specifically for attribution and social interaction. We distinguish different intuition attitudes; identify preparation, time, and negotiation stages as relevant drivers for the use of intuition in negotiation; clarify the distinction between intuition and routine; and shine new light on the concept of domain-specific knowledge.     

Adolescents’ Experiences of Victimization: The Role of Attribution Style and Generalized Trust

Positive attribution style, negative attribution style, and generalized peer trust beliefs were examined as mediators in the relationship between adolescents’ peer victimization experiences and psychosocial and school adjustment. A total of 280 (150 female and 130 males, M_age = 13 years 4 months, SD_age = 1 year 1 month) adolescents completed measures of peer victimization, global self-worth, depressive symptoms, social confidence, school liking, loneliness, attribution styles, and generalized trust beliefs. Multigroup path analysis revealed that: (a) negative attribution style mediated the relationship between cyber victimization and school liking and depressive symptoms for males and females; (b) positive attribution style mediated the relationship between cyber victimization, school liking, global self-worth, and depressive symptoms for females; and (c) generalized peer trust beliefs mediated the relationship between social victimization, depressive symptoms, social confidence, and loneliness for females. Consequently, attribution style and generalized trust beliefs differentially influence the relationship between peer victimization and adjustment.     

Corporate Ownership and News Bias Revisited: Newspaper Coverage of the Supreme Court’s Citizens United Ruling

The clear financial benefits accrued to owners of television stations as a result of the Citizens United v. Federal Elections Commission (FEC) decision opens the door to an important question: Did the degree to which media corporations benefited from the changes in campaign finance law influence their news outlets’ coverage of the Citizens United decision? In other words, is it possible to identify variation in how media outlets covered the Supreme Court decision that correlates with the degree to which those outlets’ parent companies profited from the resulting increase in campaign spending? Answering this question will provide an important and much-too-uncommon opportunity to systematically test for bias in news coverage. Replicating the method used by Gilens and Hertzman (2000) in their own test of coverage of the 1996 Telecommunications Act, this analysis reveals that newspapers belonging to media corporations that own more television stations covered the Citizens United ruling systematically differently—and more favorably—than those with few or no television stations. This has important implications for the degree to which the news produced by increasingly conglomerated and corporatized media companies may eschew neutral or balanced coverage in favor of news frames that promote their own financial interests.     

RISK,RACE, AND RECIDIVISM: PREDICTIVE BIAS AND DISPARATE IMPACT*

One way to unwind mass incarceration without compromising public safety is to use risk assessment instruments in sentencing and corrections. Although these instruments figure prominently in current reforms, critics argue that benefits in crime control will be offset by an adverse effect on racial minorities. Based on a sample of 34,794 federal offenders, we examine the relationships among race, risk assessment [the Post Conviction Risk Assessment (PCRA)], and future arrest. First, application of well‐established principles of psychological science revealed little evidence of test bias for the PCRA—the instrument strongly predicts arrest for both Black and White offenders, and a given score has essentially the same meaning—that is, the same probability of recidivism—across groups. Second, Black offenders obtain higher average PCRA scores than do White offenders (d = .34; 13.5 percent nonoverlap in groups’ scores), so some applications could create disparate impact. Third, most (66 percent) of the racial difference in PCRA scores is attributable to criminal history—which is already embedded in sentencing guidelines. Finally, criminal history is not a proxy for race, but instead it mediates the relationship between race and future arrest. Data are more helpful than rhetoric if the goal is to improve practice at this opportune moment in history.