平台异化还是因债致罪？——P2P网贷涉非法吸收公众存款罪裁判文本实证研究

文章采用文献研究的方法对83份P2P网贷平台构成非法吸收公众存款罪的裁判文书进行实证分析。通过对平台异化模式的定性分析和平台负债情况的定量分析以及与刑事责任程度的交叉分析,文章认为,平台异化是P2P网贷平台构成非法吸收公众存款罪的基础性因素,负债规模、存款人人数和无法清偿的数额等三个因素都对刑事责任的程度产生影响。而且相比之下,无法清偿的数额对刑事责任影响的程度最为显著。实际上对P2P网贷平台追究非法吸收公众存款罪的刑事责任是因为网贷平台无法清偿举债数额巨大,即因债致罪。这种因债致罪的司法行为逻辑,可以从司法者作为“清场者”的功能定位和对社会秩序的价值追求来解释其合理性,但是从多元价值权衡和刑事民事分离的角度分析,其又是不合理的。     

Fostering Constructive Action by Peers and Bystanders in Organizations and Communities

Peers and bystanders play important roles in organizational and community conflict management. Bystanders often learn relevant information and have opportunities to act in ways that can affect three of the basic functions of a conflict management system (CMS.) They can help (or not help) to identify, assess, and manage behaviors that the organization or community deems to be “unacceptable.” Examples in which bystanders play important roles include sexual and racial harassment, safety violations, unethical research, national security violations and insider threats, cyber‐bullying and cyber‐sabotage, violence, fraud, theft, intimidation and retaliation, and gross negligence. Bystanders often are a missing link in conflict systems. For the purposes of this article, I define peers and bystanders as people who observe or learn about unacceptable behavior by others, but who are not the relevant supervisors, or who knowingly engage in planning or executing that behavior. I define CMS managers as all those people, including line managers, who have responsibility for managing conflicts. Conflict managers face many challenges in fostering constructive behavior from bystanders. The interests of bystanders may or may not coincide with the interests of conflict systems managers in an organization or community. Bystanders often have multiple, idiosyncratic, and conflicting interests, and experience painful dilemmas. In addition, peers and bystanders, and their contexts – often differ greatly from each other. Blanket rules about how all bystanders should behave, such as requirements for mandatory reporting, are often ineffective or lead to perverse results. Bystanders are regularly equated with “do‐nothings,” in the popular press. In real life, however, helpful bystander actions are common. Many bystanders report a wide variety of constructive initiatives, including private, informal interventions. In this article, I report on forty‐five years of observations on bystanders in many milieus. I present what bystanders have said are the reasons that they did not – or did – take action, and what can be learned to help organizations and communities to support bystanders to be more effective when faced with unacceptable behavior.     

Senior Public Managers’ Engagement: A Person–Situation-Interactionist Perspective

This article examines the engagement of senior public managers by developing a person–situation-interactionist perspective. It integrates the literature on social exchange theory and person–organization fit to explore the effects of decision autonomy and shared vision on the engagement of more than 2,000 senior public sector managers in the central government agencies of three continental European countries: France, Germany, and The Netherlands. Then, it examines whether the locus of control of those managers moderates the decision autonomy–engagement and shared vision–engagement relationships. The structural equation modeling results suggest that there are positive relationships between both decision autonomy and shared vision and employee engagement. Further analysis revealed that an internal locus of control strengthened the decision autonomy–engagement relationship, but that it weakened the shared vision–engagement relationship.     

When school meets the Other: intercultural policies in the Basque inclusive school

ABSTRACT

Gatti, Irazuzta and Martinez address the intercultural public policies implemented in the education system of the Autonomous Region of the Basque Country (Spain). Focusing on the education system allows them to reconstruct the historicity of identity-alterity production in a region in which language has been central for the establishment of ethnic frontiers. More specifically, they examine the implementation of these policies in three pre-school and primary educational institutions in a multicultural neighbourhood of the city of Bilbao. They look at Euskara—the Basque language—as a key element of the us-them distinction. The various education models regarding language and the teaching in/of Euskara or Spanish pave the way for the specialization and spatialization of the schools analysed. ‘Integration’ policies are implemented in ethnically marked schools only, based on a rhetoric of interculturality that assumes that any ‘racial or ethnic discrimination’ can be overcome through knowledge of the Other. Moreover, the assessment of public policies through ‘interculturality figures and best practice’ developed to address the so-called ‘immigration issue’ promotes a protectionist intervention on behalf of the assumed social vulnerabilities of immigrant schoolchildren and their families, which are read as ‘problematic characteristics’. The article argues that, as a result of the approach based on the social conditions of immigrant children and their families in the Basque Country, the race issue evaporates.     

Does online voting change the outcome? Evidence from a multi-mode public policy referendum

Do online and offline voters differ in terms of policy preferences? The growth of Internet voting in recent years has opened up new channels of participation. Whether or not political outcomes change as a consequence of new modes of voting is an open question. Here we analyze all the votes cast both offline (n = 5.7 million) and online (n = 1.3 million) and compare the actual vote choices in a public policy referendum, the world's largest participatory budgeting process, in Rio Grande do Sul in June 2014. In addition to examining aggregate outcomes, we also conducted two surveys to better understand the demographic profiles of who chooses to vote online and offline. We find that policy preferences of online and offline voters are no different, even though our data suggest important demographic differences between offline and online voters.     

ASEAN as the ‘regional conductor’: understanding ASEAN's role in Asia-Pacific order

This paper analyses ASEAN's prominence in regional order negotiation and management in Southeast Asia and the Asia-pacific through the lens of social role negotiation. It argues that ASEAN has negotiated legitimate social roles as the ‘primary manager’ in Southeast Asia and the ‘regional conductor’ of the Asia-Pacific order. It develops an English School-inspired role negotiation framework and applies it to three periods: 1954–1975 when ASEAN's ‘primary manager’ role emerged from negotiations with the USA; 1978–1991 when ASEAN's role was strengthened through negotiations with China during the Cambodian conflict; and 1991-present when ASEAN created and expanded the ‘regional conductor’ role. Negotiations during the Cold War established a division of labour where great powers provided security public goods but the great power function of diplomatic leadership was transferred to ASEAN. ASEAN's diplomatic leadership in Southeast Asia provided a foundation for creating its ‘regional conductor’ role after the Cold War. ASEAN's ability to sustain its roles depends on maintaining role bargains acceptable to the great powers, an increasingly difficult task due to great power rivalry in the South China Sea.     

Serial Domestic Abuse in Wales: An Exploratory Study Into its Definition,Prevalence, Correlates,and Management

Analysis of information held by police, probation, and third-sector organizations in Wales about 100 domestic abuse perpetrators, along with 16 practitioner interviews, provides the empirical context for a discussion of the problem of “serial domestic abuse.” Despite increased concern over the harm caused by serial abusers, different definitions and recording systems prevent a reliable estimation of the problem. This exploratory study suggests that the offending profiles of serial abusers are heterogeneous, and recommends that approaches aimed at reducing the harm caused by the “power few” domestic abusers incorporate information about serial alongside repeat and high-risk offending.     

Greek-Cypriot teachers’ perceptions of religious education and its contribution to peace: perspectives of (in)compatibility in a divided society

This paper explores the ways in which a group of primary school teachers in Cyprus interprets religious education and its contribution to peace. In particular, this phenomenological exploratory study: first, examines how teachers perceive religious education and whether this conceptualization is considered to be (in)compatible with peace in the context of a conflict-affected society; and, second, shows some of the tensions that exist in the aims of religious education between the desire to encourage mutual understanding and exposure to religious pluralism, on the one hand, and the political demands for entrenching ethnic cleavages, on the other. Although these tensions are largely contextual, they nevertheless raise two important issues that are worthwhile to consider for religious education and peace in conflict-affected societies: first, the ‘naturalization’ of religion and religious instruction, on the one hand, vs. the recognition that some models of religious instruction (i.e. confessional teaching) might actually limit the space within which teachers can make contributions to peace, on the other; and, second, the tension between the different models of religious education within a conflict-affected society and particularly which model would strategically and politically serve best the purposes of peace in the short- and long-term.     

Elder-Child Interaction Analysis

Abstract

This study reports on the interactions of 60 children and 12 older adults in a school-based mentoring program, as well as four teachers' perceptions of the relationship between such interactions and the children's subsequent classroom behavior. Dyadic interactions were assessed using the Elder-Child Interaction Analysis instrument (Newman & Onawola, 1989). The authors concluded from recorded observations that, overall, the elders and the children had interacted with each other in a positive and constructive manner. The teachers interviewed perceived that the mentoring interactions were followed by an increase in students' self-management skills, interest in school work, and by improved peer relationships.     

试论国际关系批判理论——以林克莱特的学术思想为个案研究

法兰克福学派的思想观念被运用到国际关系研究之中,推动了以旨在追求人类最终解放的国际关系批判理论的发展。林克莱特继承了经典马克思主义传统和法兰克福学派的研究旨趣,深入探讨了国际关系理论的现实主义、理性主义和革命主义三种研究传统,提出了国际关系批判理论的研究方向。他还身体力行地探讨了政治共同体的转变以及现代公民观念等问题,从而引导了国际关系理论批判的转向。