试论“后悔权”设立之法学证成

作为泊来事物,"后悔权"①一经浮出水面,即遭受或赞或贬的命运。其中的质疑不无道理,但又有失偏颇。据此,理清"后悔权"之真正意旨,区别相关权利,奠定对其讨论的正确基础实为必需且为必要。此外,"后悔权"作为一个货真价实的"国际惯例",无理由将之拒之门外,但为避免"水土不服"的尴尬,其设立必须兼顾本土实际,即:一切从实际出发,设立中国特色的"后悔权"制度——"有限后悔权"制度。     

深圳市道路交通事故死亡案例特点分析

目的探讨道路交通事故死亡案例特点,为预防事故的发生提供可靠信息和参考数据。方法按照死者性别、年龄、死亡原因、事故发生时间及地点、事故车辆类型等相关参数,对深圳市4184例道路交通事故死亡案例进行回顾性分析。结果事故死亡人员以男性为主,男女比例为2.45∶1;事故在6：00～8：00和18：00～2：00发生最多;72%的案例在城郊主干道发生;死者主要交通行为方式分别为步行占44%,自行车骑车人19%,摩托车驾车人15%;肇事车辆以货车为主;死亡原因83.2%为颅脑损伤死亡,13.3%为多发损伤。结论深圳地区道路交通事故死亡案件具有明显特点,具有可防范性。     

Perception of Pay Equity in Public Universities in Ghana: Effect on Individual Performance and Work Behavior

Equity theory proposes that individuals perceiving inequity seek to restore equity through appropriate behavior. This research aimed to study the relationship between perceived pay equity and individual job performance among lecturers in public universities in Ghana. Using a survey of 313 lecturers, we found that employees’ perception of equity in the pay system is a significant factor in determining their job performance. Therefore, we recommend that managers attend to equity in the design and implementation of pay systems. Moreover, issues relating to the reward system should be carefully communicated to employees in order to prevent unnecessary perceptions of inequity.     

The Ethical Implications of Altering Public Sector Accountability Models: The Case of the Atlanta Cheating Scandal

ABSTRACT

Outcome based policies promote the use performance accountability models. However, the impact these policies have on the ethical culture of public sector organizations has not been adequately assessed. This research examines performance accountability reforms by examining the City of Atlanta’s implementation of federal and state performance policies. The analysis reveals the use of performance models in vulnerable organizations negatively impact employees’ ethical behavior. Teachers and administrators altered test results, delivered threats, misled parents and students about performance outcomes, and were dishonest with state investigators to give the illusion that performance goals had been met or exceeded.     

Tracing policy influence of diffuse interests: the post-crisis consumer finance protection politics in the US

Dodd–Frank, the financial reform law passed in the United States in response to the 2008 financial crisis, established the Consumer Financial Protection Bureau, a new federal regulator with the sole responsibility of protecting consumers from unfair, deceptive, or abusive practices. This decision marked the end of a highly politicized reform debate in the US Congress, in which proponents of the new bureau would normally have been considered to be much weaker than its opponents. Paradoxically, an emerging civil society coalition successfully lobbied decision-makers and countered industry attempts to prevent industry capture. What explains the fact that rather weak and peripheral actors prevailed over more resourceful and dominant actors? The goal of this study is to examine and challenge questions of regulatory capture by concentrated industry interests in the reform debates in response to the credit crisis which originated in the US in 2007. The analysis suggests that for weak actors to prevail in policy conflicts over established, resource-rich opponents, they must undertake broad coalition building among themselves and with influential elite allies outside and inside of Congress who share the same policy goals.     

Can the hidden hand of the market be an effective and legitimate regulator? The case of animal welfare under a labeling for consumer choice policy approach

In Australia, labeling for consumer choice, rather than higher government regulation, has become an important strand of the policy approach to addressing food animal welfare. This paper illustrates the usefulness of “regulatory network analysis” to uncover the potentials and limitations of market‐based governance to address contentious yet significant issues like animal welfare. We analyzed the content of newspaper articles from major Australian newspapers and official policy documents between 1990 and 2014 to show how the regulatory network influenced the framing of the regulatory problem, and the capacity and legitimacy of different regulatory actors at three “flashpoints” of decisionmaking about layer hen welfare in egg production. We suggest that the government policy of offering consumers the choice to buy cage free in the market allowed large‐scale industry to continue the egg laying business as usual with incremental innovation and adjustment. These incremental improvements only apply to the 20 percent or so of hens producing “free‐range” eggs. We conclude with a discussion of when and how labeling for consumer choice might create markets and public discourses that make possible more effective and legitimate regulation of issues such as layer hen welfare.     

Priming Issues,Party Visibility,and Party Evaluations: The Impact on Vote Switching

Voter volatility has become a hallmark of Western democracies in the past three decades. At the same time short-term factors—such as the media’s coverage of issues, parties, and candidates during an election campaign—have become more important for voters’ decisions. While previous research did look at how campaign news in general affects electoral volatility in general, it has omitted to explicitly test the mechanisms underlying these effects. Building on theories of agenda setting, (affective) priming, and issue ownership, the current study aims to explain why certain news aspects lead voters to switch their vote choice. We theorize it is the visibility of a party, the evaluation of a party, and the attention for issues owned by a party that primes voters to switch to a certain party. We use national panel survey data (N = 765) and link this to an extensive content analysis of campaign news on television and in newspapers in the run up to the 2012 Dutch national elections. The results show that issue news leads to vote change in the direction of the party that owns the issue. Even stronger is the effect of party visibility on vote switching. Our results, however, find the strongest support for the effect of party evaluations on vote change: More favorable news about a party increases switching to that party.     

Policies for Decent Labour Standards in Britain

Decent labour standards are a prerequisite for perceived justice and social cohesion. Insofar as they have been achieved in Britain in the past, it has been the result of collective bargaining between employers and trade unions. This has all but vanished in the private sector and, it is argued, there is no chance of its being revived. Upholding labour standards now lies in the provision of statutory individual employment rights. Experience with minimum wages provides some guidance on how these might be developed through social partnership arrangements. Once achieved, such rights amount to little without effective enforcement. Increasingly important for this is the use of the law and consumer campaigns to expose poor employment practices and complex supply chains so that offending employers can be held to account. If Britain is to avoid falling into a competitive ‘race to the bottom’ with Brexit, it must institute a robust means of implementing and enforcing decent labour standards.     

Citizenship as Targeted Behavior: Responses to Organizational Justice and the Role of Culture

The study aimed at reviewing citizenship as targeted behavior in response to justice perceptions and investigating the role of within-culture differences on citizenship responses to organizational fairness perceptions. Data were solicited from 150 employees and their supervisors representing various public sector entities of Pakistan. Results showed that distributive and interactional fairness predict interpersonal organizational citizenship behavior. Organizational fairness did not predict citizenship behavior targeted at organizations. Organizational justice had negative values of citizenship behavior for higher values of collectivism. Findings and implications for human resource management practitioners and suggestions for future research are discussed.