制度、立法与人类行为

人类社会的制度可分为强制性制度与非强制性制度。强制性制度是有意识创立的一系列法律、法规和政策等。虽然强制性制度的建立依赖于政府 ,但更多的是 ,政府仅能编纂原先已经存在的“法律”。试图用强制性制度来取代人类社会所固有的惯例就会出现问题。许多国家试图通过立法来实施一些与原有的社会观念和人们的固有特性不一致的社会变革 ,但往住并不成功。在很多情况下 ,法与经济的力量相比 ,不是变得强大了 ,而是变弱了。人们并不会简单地服从强制性制度的强制。     

走私、贩卖、运输、制造毒品罪的既遂和未遂形态

《刑法》第 347条规定的走私、贩卖、运输、制造毒品罪 ,是指违反国家毒品管理法律、法规 ,走私、贩卖、运输、制造毒品的行为。从这四种行为的外观形式看 ,它们在时间上都有一定的延续过程 ,存在有很多彼此独立又相互联系的阶段。因此 ,这四种行为均须以实行为达到一定程度才构成既遂 ,到底这些行为发展到何种程度才构成既遂 ,要视具体情况而定。     

Criminal Behavior: A Real Option Approach With an Application to Restricting Illegal Insider Trading

Traditionally, criminal behavior is analyzed within an expected utility framework. This paper offers an alternative model to analyze criminal behavior based on real option models. It is shown that all criminal decisions can be analyzed as real options, in a sense that they confer the possibility but not the obligation to commit a crime in the future. The criminal option model is a richer model compared to conventional economic models of crime, because it takes into account four additional variables. As such, the conventional economic analysis of crime is a special case of criminal option models. The criminal option model is then applied to the enforcement of illegal insider trading. Based on the six value-drivers of criminal options, an active management strategy can be developed for the criminal as well as for the legislator.     

论加强改制企业的审计监督

国有企业改制一直是国家经济工作的重点和难点,尤其是国有资产流失、会计信息失真、企业行为失控等问题十分突出,很有必要加强对改制企业的审计监督。     

Using diaries to promote procedural justice in performance appraisals

One-hundred-seventeen college students performed a task on which they received a negative, neutral, or positive performance evaluation. The evaluations were made by the experimenter who (i) kept a diary documenting subjects' performance, (ii) observed their performance but did not keep a diary, or (iii) made the evaluation on no apparent basis (control). It was found that both the evaluation procedure and the evaluation outcome itself were perceived as being fairer when diaries were used as the basis for making evaluations relative to either subjects in the observation procedure group or the control group. The practical implications of these findings for performance appraisals are considered along with the implications for conceptual work on procedural justice.     

试论悬赏广告的法律性质

悬赏广告的法律性质,历来有契约说和单独行为说两种不同的学说,本文试从各国立法的比较研究为视角,对悬赏广告的法律性质进行了细致的梳理,并阐述采单独行为说的理由。     

When Loving Means Hurting: An Exploration of Attachment and Intimate Abuse In a Community Sample

Intimate relationship abuse can be understood by considering two critical tenets of attachment. First, attachment fulfills a basic need for survival. Thus, the tenacity of the attachment bond is independent of relationship quality. Second, individuals whose attachment needs have been frustrated may strike out violently to regain proximity to the perceived loss of an intimate partner. We examined how individual differences in attachment were associated with women's and men's relationship abuse. A telephone survey assessed levels of psychological and physical abuse in 1249 Vancouver residents. Of these, 128 completed an attachment interview exploring their interpersonal relationships. Hierarchical regressions revealed that attachment variables contributed significant variance to prediction of both receipt and perpetration of psychological and physical abuse, with preoccupied attachment acting as an independent predictor. There was no evidence that gender moderated these associations. The findings suggest that attachment preoccupation in either partner may increase likelihood of abuse in couples.     

台湾“立委”选举中的配票行为研究——以2004年第六届“立委”选举为例

配票行为是台湾复数选区制度下特有的选举行为.配票的方式多种多样,但是配票的成功是有条件的.2004年"立委"选举,台湾蓝绿两大阵营均把席位过半作为选举的主要目标,为此,泛蓝和泛绿两大阵营均进行了大规模的配票操作,成为影响选举结果的重要因素.     

Does Body Image Play a Role in Risky Sexual Behavior and Attitudes?

Body image and sexuality, both physically-oriented domains of the self, are likely linked, but few studies have examined their associations. In the present investigation, we studied emerging adult undergraduates (ages 17–19), focusing specifically on risky sexual behaviors and attitudes. Participants (N=434) completed a survey on body image, lifetime sexual behavior, sexual double standard attitudes, and attitudes about condoms. Males who evaluated their appearance more positively and who were more oriented toward their appearance were more likely to report risky sexual behavior, yet females who evaluated their appearance more positively were less likely to report risky sexual behavior. For most sexual attitudes, patterns did not differ by gender. Individuals who were more oriented toward their appearance believed more in the sexual double standard, and those who had more positive evaluations of their appearance perceived fewer barriers to using condoms. Intervention implications are discussed.An earlier version of this paper was presented at the 2003 Emerging Adulthood Conference, Boston, MA.Doctoral candidate in the Department of Human Development and Family Studies at the Pennsylvania State University. Her research interests include body image, sexuality, and gender in adolescence and emerging adulthood.Associate Professor in the Department of Human Development and Family Studies at the Pennsylvania State University. She received her PhD in developmental psychology from the University of California, Los Angeles. Her research interests include sexuality, interpersonal relationships, and gender role development during adolescence and emerging adulthood.Doctoral candidate in the Department of Human Development and Family Studies at the Pennsylvania State University. Her research interests include gender, adolescent development, and family relationships     

Heterogeneity of Girls’ Consensual Popularity: Academic and Interpersonal Behavioral Profiles

The present study explored the heterogeneous nature of popularity by investigating subgroups of popular girls (N = 365) in their first year of secondary school (mean age  =  13.05). Cluster analysis revealed the presence of five subgroups based upon sociometric popularity (i.e., those considered likeable by peers) and consensual popularity (i.e., those considered popular by peers), and academic behavioral indices. Two of these groups contained girls who were all nominated as “popular” by classmates, yet the girls in one group displayed very positive academic behaviors (Popular Studious); girls in the other popular group displayed extreme antiacademic behaviors (Popular Disengaged). The remaining groups were Average Popular, Unpopular Disengaged, and Unpopular Studious. External validating measures confirmed the existence of the subgroups, that is, Popular Studious girls were judged by classmates to behave in a prosocial fashion, whereas Popular Disengaged girls exhibited many antisocial behaviors, and were often nominated as bullies. Unpopular Studious girls were often nominated as victims. These findings confirmed the hypothesis that consensual popularity is a heterogeneous concept, and that antiacademic and antisocial girls may still be among the most consensually popular students in secondary schools.Lecturer at the Department of Educational Sciences, University of Amsterdam, Wibautstraat 4, 1091 GM Amsterdam, The Netherlands. His interests include the academic and social behavioral correlates of consensual popularity in adolescence.Associate Professor and Head of Developmental Division, Department of Psychology, University of Connecticut. His interests include peer relations, social behavior, and social cognition in middle childhood and early adolescence.