论传统中国的“性情司法”及其实际效应

从文本形式看,传统中国法律的篇章结构、条文体系具有超强的稳定性,有的可以因袭数千年,但法律文本规制与司法实践效应之间存在极大反差,文本的预期价值往往难以实现。其中一个重要原因就是司法主体的性情取向对司法实际效应的影响明显。通过类型化分析,传统中国以皇帝及官员为主的司法主体的性情取向可以归纳为:躬亲狱讼型、宽大仁恕型、秉公行法型、才情饱满型、揆情酌理型、残忍冷酷型、慵懒昏朽型等几大类,它们直接影响到司法的公正性、效率性及社会性效应。研究传统中国法律的价值与功能,既要注意法律文本,更要注意其运作状况及实际效应,考察和分析司法主体的性情司法及其实际效应,不失为一个独特视角。     

全球化、身份政治与法律

美国弗吉尼亚理工大学校园枪击案引发了身份对当代人和当代社会深刻影响实施的思考。身份的连带责任效应表明,拥有某种身份的人所实施的违反道德或法律的行为必然会连累到其他拥有相同身份的人。身份的搭便车效应表明,拥有某种身份的人所做出的高尚或伟大的行为可能会惠及到其他拥有相同身份的人。身份的刻板印象效应表明,社会上形成的对某一身份的刻板印象会影响拥有该身份的个人的命运和社会地位。法律上的很多制度,包括连带责任制度、结社自由制度、反歧视制度等,与身份的这些效应和影响之间存在着密切的关系。     

NEIGHBORHOOD STRUCTURE AND RACE‐SPECIFIC RATES OF INTIMATE ASSAULT*

Addressing the methodological shortcomings of extant research on the racial invariance thesis, race‐specific rates of intimate assault are examined across census tracts in Hamilton County, Ohio. We extend Miles‐Doan's (1998) approach to examining neighborhood structural effects on intimate assault rates in order to test the racial invariance thesis. Findings reveal comparable effects of neighborhood disadvantage and population age structure on assault rates for African‐American males and white males, yet a stronger effect of “disinvestment” (in marriage and in neighborhoods) on rates for African‐Americans. These results conflict with previous city‐level analyses demonstrating stronger structural effects on other violent crime rates for whites.     

CRIMINOLOGICAL KNOWLEDGE: PERIOD AND COHORT EFFECTS IN SCHOLARSHIP

Period and cohort effects are explored in regard to criminological knowledge. Hypotheses are inspired by biographies and by research in the sociology of knowledge, based on Karl Mannheim's essay on generations, Maurice Halbwachs' partly conflicting arguments about the presentist orientation of collective memory and newer ideas about the institutional context of knowledge production. The data set results from content analysis of 1, 390 articles in leading American sociology, criminology, and law and society journals from 1951 to 1993, supplemented by information on the authors' "academic age." Results show that cohort membership has some effect and periods have considerable impact on topic, type of theory examined and data used by criminologists. These effects are interpreted against the background of post-World War II history: dominant ideological currents of different eras, historic events, changing academic institutions, and the ebb and flow of influential schools. Multivariate analyses indicate that period effects are largely but not fully explained by shifts in research funding and by the emergence of specialized fields with their own institutions.     

DELINQUENCY AND GENDER MODERATION IN THE MOVING TO OPPORTUNITY INTERVENTION: THE ROLE OF EXTENDED NEIGHBORHOODS

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.     

Timing as a source of regulatory influence: A technical elite network analysis of global finance

Rules governing the international financial system are the subject of some of the most intense distributional battles waged in any area of global governance. Who wins and who loses such battles – and why? I develop a novel analytical framework – technical elite network (TEN) theory – which explains the widely varying levels of influence that stakeholders enjoy over global financial standards. TEN theory draws attention to how issue‐specific characteristics of international finance – in particular, its highly technical and complex nature – shape the distributional consequences of global regulatory processes. It posits that such characteristics influence distributional outcomes by (i) affecting who claims first‐mover position and, thus, sets the agenda in global financial rulemaking, and (ii) ensuring that proposals made by first movers are increasingly difficult to alter at later stages of rulemaking. I provide empirical evidence for the theory by examining two regulatory regimes that are central to the efficiency and stability of the global financial system: the Basel Committee on Banking Supervision and the International Accounting Standards Board.     

Age-Period-Cohort analysis: A design-based approach

This paper develops a design-based approach to identifying cohort effects in APC analyses. Cohort effects arise when one cohort is treated by a unique set of formative socialization experiences, which causes it to differ from other cohorts in relevant outcomes. APC analyses typically compare treated and untreated cohorts from a single population. Our approach introduces a second group—a control group, in which no unit is treated but that is otherwise similar to the first—and adapts difference-in-differences estimation to the APC framework. The approach yields two identification strategies, each based on transparent and testable assumptions. We illustrate how the method works and what is to be gained through three examples.     

试论《劳动合同法》的实施效果与运行障碍

<劳动合同法>的颁布和实施引起强烈的社会反响,人们寄望于这部法律扭转当前的劳资格局,建立和谐稳定的劳动关系.但是,这部法律的良好实施取决于用人单位守法的自觉度、劳动者权利意识的觉醒度和劳动保障监察的力度.只有改革现行的社会保险制度,细化<劳动合同法>的抽象条款,加大<劳动合同法>的宣传力度和监察力度,才能取得良好的实施效果.     

Cross-national comparison of homicide: Age/sex-adjusted rates using the 1980 U.S. homicide experience as a standard

Cross-sectional studies of crime have typically relied on crude crime rates when making comparisons between countries. Crude rates control for population size but implicitly assume that all members of the population are equally at risk. Empirical studies have shown that, cross-nationally, risk varies by age and sex. Standardization of crime rates removes the confounding effects of variable age and sex population distributions. Since age/sex-specific crime rates are generally unavailable for many countries, the method of indirect standardization is the most desirable technique. Age/sex-adjusted homicide rates for 76 countries are presented, and two comparative measures are suggested. It is shown that while the United States has a higher homicide rate than all but 15 countries; in most cases, the magnitude of the difference, not controlling for age/sex differences, is overestimated. Crude rates underestimate differences between the United States and countries with higher rates of homicide.     

THE INTERACTION OF ANTISOCIAL PROPENSITY AND LIFE‐COURSE VARYING PREDICTORS OF DELINQUENT BEHAVIOR: DIFFERENCES BY METHOD OF ESTIMATION AND IMPLICATIONS FOR THEORY*

Recent criminological research has explored the extent to which stable propensity and life‐course perspectives may be integrated to provide a more comprehensive explanation of variation in individual criminal offending. One line of these integrative efforts focuses on the ways that stable individual characteristics may interact with, or modify, the effects of life‐course varying social factors. Given their consistency with the long‐standing view that person–environment interactions contribute to variation in human social behavior, these theoretical integration attempts have great intuitive appeal. However, a review of past criminological research suggests that conceptual and empirical complexities have, so far, somewhat dampened the development of a coherent theoretical understanding of the nature of interaction effects between stable individual antisocial propensity and time‐varying social variables. In this study, we outline and empirically assess several of the sometimes conflicting hypotheses regarding the ways that antisocial propensity moderates the influence of time‐varying social factors on delinquent offending. Unlike some prior studies, however, we explicitly measure the interactive effects of stable antisocial propensity and time‐varying measures of selected social variables on changes in delinquent offending. In addition, drawing on recent research that suggests that the relative ubiquity of interaction effects in past studies may be partly from the poorly suited application of linear statistical models to delinquency data, we alternatively test our interaction hypotheses using least‐squares and tobit estimation frameworks. Our findings suggest that method of estimation matters, with interaction effects appearing readily in the former but not in the latter. The implications of these findings for future conceptual and empirical work on stable propensity/time‐varying social variable interaction effects are discussed.