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21.
在民事诉讼中,民事争议与行政争议交叉处理问题实质上是行政行为对民事审判的拘束效力问题。通过分析其成因及借鉴域外之经验,可以找到解决这一问题的思路：首先要判断该行政行为是否构成＂先决问题＂,即行政行为是否具有先决性,是否是尚未发生形式确定力的非无效行政行为。在构成＂先决问题＂的前提下,以行政行为对私法关系的作用效果为依据确定民事审判权的审查限度,即对确认性行政行为、形成性行政行为、裁决性行政行为分别适用民事先行、先行后民、行政附带的司法审查机制。 相似文献
22.
CORINA GRAIF 《犯罪学》2015,53(3):366-398
A long history of research has indicated that neighborhood poverty increases youth's risk taking and delinquency. This literature predominantly has treated neighborhoods as independent of their surroundings despite rapidly growing ecological evidence on the geographic clustering of crime that suggests otherwise. This study proposes that to understand neighborhood effects, investigating youth's wider surroundings holds theoretical and empirical value. By revisiting longitudinal data on more than 1500 low‐income youth who participated in the Moving to Opportunity (MTO) randomized intervention, this article explores the importance of extended neighborhoods (neighborhoods and surroundings) and different concentrated disadvantage configurations in shaping gender differences in risk taking and delinquency. The results from two‐stage, least‐squares analyses suggest that the extended neighborhoods matter and they matter differently by gender. Among girls, extended neighborhoods without concentrated disadvantage were associated with lower risk‐taking prevalence than extended neighborhoods with concentrated disadvantage. In contrast, among boys, localized concentration of disadvantage was associated with the highest prevalence of risk taking and delinquency. Interactions between the immediate and surrounding neighborhoods were similarly associated with differential opportunity and social disorganization mediators. Among the more critical potential mediators of the link between localized disadvantage and boys’ risk taking were delinquent network ties, strain, and perceived absence of legitimate opportunities for success. 相似文献
23.
Whereas one line of recent neighborhood research has placed an emphasis on zooming into smaller units of analysis such as street blocks, another line of research has suggested that even the meso‐area of neighborhoods is too narrow and that the area surrounding the neighborhood is also important. Thus, there is a need to examine the scale at which the social ecology impacts crime. We use data from seven cities from around the year 2000 to test our research questions using multilevel negative binomial regression models (N = 73,010 blocks and 8,231 block groups). Our results suggest that although many neighborhood factors seem to operate on the microscale of blocks, others seem to have a much broader impact. In addition, we find that racially and ethnically homogenous blocks within heterogeneous block groups have the most crime. Our findings also show the strongest results for a multitude of land‐use measures and that these measures sharpen some of the associations from social characteristics. Thus, we find that accounting for multiple scales simultaneously is important in ecological studies of crime. 相似文献
24.
Hidetaka Yoshimatsu 《Asian Journal of Political Science》2013,21(3):227-247
After the early 1990s, the wave of regionalism covered broader areas in the world, and Northeast Asia, which had weak regional cohesion largely due to history-oriented animosity, gradually developed initiatives for regional cooperation since the late 1990s. This article seeks to address why and how China, Japan, and South Korea have pursued regional cooperation by relying on the concept of ‘regional governance’. It advances two arguments. First, the governments of China, Japan, and South Korea have identified the avoidance of risk from uncertainty as a major objective of promoting trilateral cooperation in specific functional areas. Second, they have gradually intensified the harmonisation of regulatory frameworks in the cooperative process in collaboration with non-state actors. The article examines the arguments by tracing the evolution of trilateral cooperation in environmental protection and information technology (IT) development. 相似文献
25.
Abstract An analysis of psychometric data from a sample of 341 UK child abusers who had completed a probation-based sex offender treatment programme was carried out in order to assess the effectiveness of therapeutic treatment. A cluster analysis was also undertaken to examine the pattern of pre-treatment problems. Three clusters of offenders, with distinctly different psychometric profiles, were identified depending upon the number and extent of their offence-specific and social adequacy problems. These were labelled Low need, Medium need and High need. Pre–post analyses revealed clinically significant treatment effects for the entire sample, with differing effects found across the clusters as follows: 50–81% of the Low need group scored within the cut-off (or normative range) at the post stage, while between 3% and 26% had shifted to a clinically significant degree; 34–75% of the Medium need group scored within the cut-off range after treatment, while between 9% and 100% had shifted to a clinically significant degree; 16–52% of the High need sample scored within the cut-off at the post-treatment stage, and between 15% and 80% had shifted to a clinically significant degree. 相似文献
26.
Abstract This research compares resident, peer and staff reports of bullying and victimization in one open facility and one secure facility for young offenders. The prevalence of bullies and victims was higher according to resident reports (self-reports) than according to peer or staff reports. There was significant agreement between residents, peers, and staff in identifying bullies and victims. The majority of bullies and victims identified by peers and/or staff were also identified by self-reports. Making the plausible assumption that bullies and victims tend to be concealed, it is concluded that self-reports (in the context of an individual interview) provide the most reliable and valid information about bullies and victims in young offender institutions. Hence, anti-bullying strategies should be based on self-report data. 相似文献
27.
When assessing election forecasts, two important criteria emerge: their accuracy (precision) and lead time (distance to event). Curiously, in both 2010 and 2015 the most accurate forecasts came from models having the longest lead time—albeit at most 12 months. Can we increase the lead time further, supposing we tolerate a small decrease in accuracy? Here, we develop a model with a lead time of more than 3 years. Our Party Leadership Model relies on the votes of MPs when selecting their party leader. We assess the forecasting quality of our model with both leave-one-out cross-validation and a before-the-fact forecast of the 2019 general election. Compared to both simple forecasting methods and other scientific forecasts, our model emerges as a leading contender. This result suggests that election forecasting may benefit from developing models with longer lead times, and that party leaders may influence election outcomes more than is usually thought. 相似文献
28.
Politicians' party membership allows voters to overcome incomplete information issues. In this article, we maintain that such ‘party cues’ in multilevel governance structures also induce voters to incorporate their assessment of incumbents at one level of government into their assessment of incumbents at other levels of government. Moreover, we argue that these assessment ‘spillovers’ increase in magnitude with voters' level of political information. They become particularly prominent for voters with higher levels of political knowledge and interest as well as during election periods (when information is less costly and more readily available). Empirical analyses using survey data from Germany covering the period 1990 to 2018 corroborate our theoretical propositions. 相似文献
29.
Elections offer a privileged moment in representative democracy, when citizens have the opportunity to express their views, both on the track record of the incumbent government, as on the way the country should be governed in the future. Procedural fairness theory assumes that taking part in a decision making procedure that is perceived to be fair, strengthens the legitimacy of the entire process. Most of the empirical research assumes that the attitudinal effects of elections are mainly due to the fact that one's preferred party wins the elections. In multi-party systems, however, such a clear distinction is not always possible and therefore it is hypothesized that the winner-loser-logic is weaker in this kind of party system. In this study we rely on a unique Belgian panel study to ascertain how electoral participation has an effect on political trust. The results show that in a proportional system all voters rise in political trust following their participation in elections. The winner-loser effect is not significant. Furthermore, the analyses suggest that especially the respondents with the initially lowest trust levels gain most by participating in elections. The theoretical implication of this finding is that apparently elections are still considered to be an important and legitimate linkage mechanism between citizens and the political system. 相似文献
30.