查办职务犯罪如何贯彻宽严相济的刑事政策

在职务犯罪查办中贯彻宽严相济的刑事政策是一个比较新的课题,试从全面把握宽严相济刑事政策内涵出发,对职务犯罪查办如何在办案程序、实体认定和办案机制三方面落实宽严相济刑事政策进行较为深入的探讨,提出检察机关查办职务犯罪过程中落实这一刑事政策的具体方法和途径.     

Procedural fairness and organizational commitment under conditions of growth and decline

We surveyed employees from seven relocating firms undergoing either an expansion or decline. Employees' judgments of procedural fairnes regarding the decision procedures used to implement the change showed a stronger effect on normative commitment for sites undergoing decline than for those undergoing growth. Procedural fairness concerns therefore seem to be more important to employees experiencing organizational decline. The finding has implications for research and for the management of organizational decline.     

Opening a window into police internal affairs: Impact of procedural justice reform on third-party attitudes

The study explores the impact of a procedural innovation on justice judgments made by third party observers. The innovation involved the establishment of a review panel with civilian participants to monitor a police department's investigation of allegations of misconduct against its officers. The study distinguishes the impact on racial minority observers from that on racial majority observers. Data suggest that the innovation had a positive, though differing, impact on the justice judgments of both minority and majority observers.     

Workplace justice and employee worth

Distributive and procedural justice gain new meaning in light of other distinctions about how organizations value employees (the employees' “worth”). Fair compensation gives employees worth as achieved status: how the employee is like some employees (similarly rewarded) and not like others (dissimilarly rewarded). But employees also want to be treated uniquely as individuals and in other ways to be treated like all other employees, both reflecting worth as ascribed status. Such worth need not involve the distribution of outcomes; it can be gained if procedures function as ends in themselves. Different types of worth thus become the source of different criteria for justice. Based on a paper entitled “Justice as Worth,” which was prepared for the Third International Conference on Social Justice research (held in the Netherlands during July 1991).     

民事诉讼中的证明妨碍问题研究

在民事诉讼中,“证明妨碍”行为时有发生。为了实现司法正义,必须加强对这种行为的规制。现代“证明妨碍”制度并非在我国自然生长,它源自英国,因此,须对“证明妨碍”制度之生成、概念与要件充分了解,并对当下我国“证明妨碍”理论与实践进行深刻反思的基础上,以探求“证明妨碍”制度在我国构建之径路。     

中国近代民事诉讼法学的诞生与成长

中国近代民事诉讼法学 ,萌芽于 19世纪下半叶 ,诞生于 2 0世纪初叶的清末修律 ,成长于 2 0世纪30年代中华民国南京政府时期民事诉讼立法的基本完成。回顾总结这一段历程① ,不仅有助于我们更清楚地了解中国民事诉讼法学的历史起源 ,也可以进一步深化我们对中国民事诉讼法律传统的理解 ,从而更加自觉地投身于新时期中国民事诉讼法学的创建活动     

侦审阻断机制初探

为实现审判中心主义,必须抑制侦查对审判的影响,通过一定诉讼机制,实行侦审阻断。在我国刑事诉讼中,由于侦审阻断机制不健全,导致侦查中心主义,庭审流于形式化、走过场。应借鉴域外两大法系的做法,正确理解侦审阻断的概念与法理,完善我国侦审阻断机制。     

What price fairness when security is at stake? Police legitimacy in South Africa

The legitimacy of legal authorities – particularly the police – is central to the state's ability to function in a normatively justifiable and effective manner. Studies, mostly conducted in the US and UK, regularly find that procedural justice is the most important antecedent of police legitimacy, with judgments about other aspects of police behavior – notably, about effectiveness – appearing less relevant. But this idea has received only sporadic testing in less cohesive societies where social order is more tenuous, resources to sustain it scarcer, and the position of the police is less secure. This paper considers whether the link between process fairness and legitimacy holds in the challenging context of present day South Africa. In a high crime and socially divided society, do people still emphasize procedural fairness or are they more interested in instrumental effectiveness? How is the legitimacy of the police influenced by the wider problems faced by the South African state? We find procedural fairness judgments play a key role, but also that South Africans place greater emphasis on police effectiveness (and concerns about crime). Police legitimacy is, furthermore, associated with citizens' judgments about the wider success and trustworthiness of the state.