辩护人、诉讼代理人毁灭、伪造证据，妨害作证罪考察

现行刑法第306条——判处辩护人、诉讼代理人毁灭、伪造证据,妨害作证罪的立法根据在于,该罪行具有侵害国家司法作用的高度危险。由于辩护人、诉讼代理人在刑事诉讼中的特殊作用,决定了该罪行应当从重处罚。引诱行为的实质内容在于使证人违背事实改变证言或者作伪证,而不在于引诱的具体行为方式,即使是诱导式询问的某些特别类型也存在构成刑法第306条罪行的余地。刑法第306条与第307条是特别犯与一般犯的关系。辩护人、诉讼代理人藏匿、隐避证人的,属于本罪的毁灭证据的行为;辩护人、诉讼代理人明知是他人伪造、变追的证据而使用的,应当属于本罪的伪造证据的行为。     

Some Ethical Considerations on the use of Criminal Records in the Labor Market: in Defense of a New Practice

Employers’ access to and use of criminal records as a selection mechanism in the labor market makes it far more difficult for ex-offenders to find jobs, especially regular, well-paid jobs, than those without criminal convictions. The paper asks whether there is anything morally problematic about this practice. The aims of the paper are twofold. First, arguments based on premises of wrongful discrimination against the current, commonest use of criminal records are critically discussed. It is argued that employers do not necessarily engage in morally wrongful discrimination against job applicants when they use criminal records in recruitment screening, but it is also argued that ex-offenders who apply for jobs are subject to what can be called “structural and morally wrongful discrimination” when laws allow employers to request (or directly access) a job applicant’s full criminal record. Second, preliminary proposals on how criminal records can be used by employers in a way that avoids wrongful structural discrimination of ex-offenders will be presented and critically assessed. I suggest that it should be lawful for an employer to access an applicant’s criminal records only where there is a relevant and special match or link between the crime on the records and the job being applied for and the crime is serious. This proposal is defended against two objections, one based on concerns about crime prevention and the other based on the employer’s interest in knowing whom not to hire.     

有限道德、确定效应与供应商伦理管理的实验研究

企业决策者对供应商行为准确无偏的伦理判断是有效供应商伦理管理的起点。但是,在有限道德的制约下,企业决策者的伦理判断会出现受害对象确定性偏差,进而影响企业对供应商的伦理管理。运用认知心理学实验方法,采用两因素混合设计与情境法,设计三种不符合伦理规范行为的模拟场景,并把每种行为描述成“受害对象确定”与“不确定”两种情形,研究供应商不符合伦理规范行为的受害对象是否确定、行为类型对企业对供应商行为的伦理判断与伦理管理的影响。方差分析的结果表明受害对象是否确定与行为类型对伦理判断与伦理管理主效应均显著;回归分析结果表明伦理判断对受害对象是否确定与伦理管理二者之间的中介效应也显著。     

How Well Do Consumers Protect Themselves from Identity Theft?

Identity theft is a serious and increasingly prevalent crime, and consumers need to take preventative measures to minimize the chance of becoming a victim. In an effort to assess consumer preparedness, this exploratory study measured the self‐reported behavior of 61 college students and 59 non‐students on thirteen identity theft preventative activities that were suggested by the Federal Trade Commission. Consumer education appears to be adequate for several identify theft preventative behaviors, but not for others. In addition, students and non‐students demonstrated some interesting divergencies in behavior. Based on these preliminary findings, areas for increased consumer education and future research are recommended.     

Of Boldness and Badness: Insights into Workplace Malfeasance from a Triarchic Psychopathy Model Perspective

Research has shown that individuals with high levels of psychopathic personality traits are likely to cause harm to others in the workplace. However, there is little academic literature on the potentially adaptive outcomes of corporate psychopathy, particularly because the “boldness” psychopathy domain has largely been under-acknowledged in this literature. This study aimed to elaborate on past findings by examining the associations between psychopathy, as operationalized using scales from the relatively new triarchic model of psychopathy (boldness, meanness, and disinhibition), and both adaptive and maladaptive workplace behaviors. Participants were 343 working community adults who completed a series of self-report questionnaires that measured psychopathy and various workplace behaviors, including counterproductive work behaviors (CWB), tactics of influence, unethical decision-making, leadership strategies, team play, and creativity. Structural equation modeling was used to estimate the associations between latent constructs of boldness, meanness, and disinhibition, and the eight different constructs related to workplace behaviors. It was found that boldness preferentially predicted the use of soft tactics of influence, adaptive leadership, and team play, and negatively predicted passive leadership. Meanness predicted unethical decision-making, poor team play, and hard tactics of influence. Disinhibition positively predicted CWB and passive leadership. Meanness also moderated the association between disinhibition and CWB, in that greater scores on both psychopathy domains indicated greater levels of CWB. These findings provide conceptual support for the triarchic model, including the “boldness” domain, which measures adaptive aspects of psychopathy in addition to maladaptive ones, as well as suggest that not all individuals high on psychopathy would be an overt menace to the workplace. The different psychopathy traits may also interact with each other to predict different types or levels of workplace behaviors.     

Crime,community social capital and entrepreneurship: Evidence from Australian communities

Crime is an anti-social blight on communities that increases the cost of doing business, including for entrepreneurs. Drawing on Australian longitudinal data, this study examines the links between crime rates and the propensity for entrepreneurship within communities. We do so by matching propensity for entrepreneurship with types of crime found at the community level where crime occurs. We find that higher total crime rates, crimes against the person and property crime, significantly lower the propensity for entrepreneurship in communities. We also show that the core facets of community social capital – trust, membership in voluntary organizations and support and cooperation – mediate this relationship.Executive summaryWe comprehensively examine whether higher community crime rates – crime on people and crime on property – cause lower rates of entrepreneurship. Entrepreneurship research extensively examines how gaining social capital, defined as the social resources one gains within one's community, promotes entrepreneurship. This study considers whether a pervasive community dynamic in crime impedes entrepreneurship. Specifically, we show that the two main kinds of crime – people and property – inhibit entrepreneurship.We show the facets of community social capital that mediate the relationship between crime and entrepreneurship. We inform the role of community-based social capital in promoting entrepreneurship (Kwon et al., 2013) by considering how higher crime lowers social capital and in turn entrepreneurship. We show that core facets of relational social capital – trust, voluntary membership in community bodies, support, and cooperation – mediate the relationship between crime and entrepreneurship. Likewise, communities with more robust reserves of social capital are better able to withstand crime and promote entrepreneurship.Examining the link between crime and entrepreneurship allows us to contribute to the literature on entrepreneurship and social capital. We discuss the various ways in which crime diminishes social capital to shape entrepreneurship. In our framework that is predicated on theory on community social capital, crime creates distrust because it causes citizens to be wearier and more suspicious of each other, impeding sharing of ideas and knowledge for ventures. Crime impedes the efficacy and membership of community-based organizations that allow entrepreneurs to network. Crime reduces the support available for founders to start and sustain businesses in focal communities, as individuals seek opportunities and resources outside their communities. Crime diminishes the extent to which people take pride in and identify with their communities, as evidenced by voluntary membership in community organizations. Crime reduces collaboration because it leads to self-protective behaviors, including flight from high-crime communities, that hinder norms of reciprocity. Crime reduces cooperation as criminals are more likely to resort to coercion, as enforced by monitoring and violence, to solve business problems.Findings rely on a comprehensive database of crime rates across Australian postcodes. Crime is typically a localized phenomenon – it affects business outcomes in local communities. We obtain community-level crime rates from each Australian state and territory police force or relevant government agencies and match these data with entrepreneurship rates by postcode. Our primary identification strategy follows Dustmann and Fasani (2016), who estimate the effect of local area crime on mental health in the United Kingdom (UK). This identification strategy removes the effects of residential sorting and correlates crime with time-varying unobserved entrepreneurship determinants if there is no endogenous migration from local crime. The main findings are robust to instrumenting for local area crime to which movers are exposed and for historical abortion rates in the state or territory where the individual lives, as well as a number of other approaches to obtaining causal inference.The article holds considerable practical relevance for policymakers seeking to promote community entrepreneurship. Our study is highly relevant to community leaders and policymakers working to boost local entrepreneurship. Findings strongly suggest that efforts to reduce crime are a primary mechanism to protect social capital within communities and, therefore, entrepreneurship. Policy initiatives dedicated to creating and expanding social ventures would a) boost entrepreneurship and social capital and b) mitigate the detrimental effects of crime on entrepreneurship (Wry and York, 2017).     

金融法制建设中的刑法突破——以网络洗钱为视角

随着我国金融市场建设和网上金融服务的不断发展,网络洗钱犯罪随之而来,并呈现出不断扩大的趋势。刑法在面对这种新型犯罪时表现出滞后性,未能及时、科学、有效地打击金融犯罪。以网络洗钱为视角,以金融法制建设的刑法功能理论为依据,研究打击网络洗钱犯罪的刑法规制和突破点,即完善其刑事立法及刑事司法制度并建立预防犯罪机制,提高刑法及时性与震慑力来预防与惩治网络洗钱犯罪。     

Tough on criminal wealth? Exploring the link between organized crime’s asset confiscation and regional entrepreneurship

This paper addresses the question “How does the fight against organized crime affect regional entrepreneurship?” We focus on asset confiscation in relation to alleged connections of their owners with organized crime, a highly debated policy measure against organized crime. Extending work on institutions and regional entrepreneurship, we propose that confiscation has contrasting effects on regional entries. On the one hand, confiscation of economic assets associated with criminal organizations’ legitimate activities in a region reduces competition and triggers renewal, fostering new entries. On the other hand, seizure of criminal organizations’ operational assets weakens their ability to exercise sovereignty, creating an institutional vacuum that lowers founding rates. Our results, based on a longitudinal study of Italian provinces between 2009 and 2013, provide support for both hypotheses. We also find that the negative effect associated with the confiscation of operational assets is mitigated when local governments have policies facilitating asset redeployment.     

Antecedents of emotional attachment of social media users

Emotional attachment has been documented to be an effective basis for consumer loyalty behaviors in many contexts; however, not much has been offered for new service formats enabled by information technology. This study explores the emotional attachment of social media users in terms of personality traits of users and websites. Drawing on literature on brand personality and brand–self congruence, this research proposes that a match between user’s individual personality and the personality traits of the digital artifacts promotes affective connection to social media websites. The social media, to which the user becomes emotionally attached, therefore becomes part of one’s self-definition and representation in the digital world. Self-expressiveness is also investigated as a motivational driver that helps users form such an emotional bond. Individuals with higher motivation to express themselves are more likely to develop an emotional attachment to social networking sites, exhibit loyal behavior, and experience a stronger effect than self-website congruence on emotional attachment. Results of this research provide support to the proposed relationships. Theoretical and managerial implications are elaborated in the discussion.     

Justice,sexual harassment,and the reasonable victim standard

In determining when sexual behavior in the workplace creates a hostile working environment, some courts have asked, ‘Would a reasonableperson view this as a hostile environment?’ Two recent court decisions, recognizing male-female differences in the perception of social sexual behavior at work, modified this standard to ask, “Would a reasonablevictim view this as a hostile environment?” As yet, there is no consensus in the legal community regarding which of these standards is just. We propose that moral theory provides the framework from which business people can construct just procedures regarding sexually hostile environments. We argue that the natural duty of mutual respect of persons and the natural duty not to harm the innocent compels business people to identify sexually hostile work environments from the perspective of the reasonable victim, usually from the woman's perspective. Within the context of this moral framework, a training approach designed to reduce the incidence of sexually harassing behaviors in the workplace is proposed.     

刑事被害人救助体系论说

从目前我国的立法实践来看,构建刑事被害人救助体系是十分必要的,在这个体系中,仅靠被害人自助和求助于被告人补偿目前还很不现实,需要首先在补偿对象及条件、补偿金来源、补偿机构的设置、补偿启动机构及方式等方面建立完善的国家补偿制度,同时完善社会援助机制,这是解决目前被害人不利处境的主要途径。此外,还需完善我国的刑事附带民事诉讼制度,使我国的刑事被害人救助制度更加完善。     

Ethical Leader Behavior and Big Five Factors of Personality

Most research on ethical leadership to date investigates the consequences of ethical leadership rather than its antecedents. Here, we aim to contribute to this field by studying leader personality as a potential antecedent of ethical leader behavior. In two multisource studies, we investigated the relationships between personality traits and ethical leader behavior. Leader personality was measured through self-ratings using the five-factor personality framework. Two subordinates rated their leaders’ ethical behavior. Study 1 used a uni-dimensional Ethical Leadership Scale (ELS). In study 2 we used this scale as well as an instrument distinguishing three different ethical leader behaviors, namely, fairness, role clarification, and power sharing. Further, in study 2 we controlled for the influence of the relationship between leader and followers (LMX). As expected, conscientiousness and agreeableness were most consistently related to ethical leadership. In study 1, after controlling for the other personality traits, conscientiousness related positively with ethical leadership. In study 2, after controlling for other traits and LMX, conscientiousness related positively with ethical leadership and the behavior role clarification, and agreeableness with power sharing and fairness. Also, emotional stability related positively with ethical leadership and role clarification after controlling for LMX. As expected, openness to experience and extraversion were unrelated to ethical leader behaviors.     

认定渎职侵权犯罪因果关系中存在的问题及对策

当前司法实践中,由于存在因果关系理论不统一,对渎职侵权因果关系的法律规范缺失,渎职侵权行为责任分散和模糊,对渎侦办案人员实行通才管理体制等问题,严重影响了渎职侵权犯罪因果关系的依法正确认定。应当用传统刑法学因果关系理论作为认定渎职侵权犯罪因果关系的理论基础并明确为具体法律规范,引入和参照共同犯罪理论,多渠道加强办案人员的分类专业建设,上提一级该罪的立案侦查权等,以促进对渎职侵权犯罪因果关系的依法正确认定。     

论对未成年人犯罪的和谐刑事政策

当前,未成年人犯罪已成为日益突出的社会问题,搅救、教育和改造这些未成年人应当根据他们的身心特征、犯罪的原因、特点,制定有效的对策。针对我国未成年人犯罪现行刑事制度中存在的问题,提出了应建立捕、诉、防一体化的工作机制,推行暂缓起诉制度、和解不诉制度、量刑建议制度、圆桌公诉制度、暂缓判决制度等和谐刑事政策。     

Customer Rage Episodes: Emotions, Expressions and Behaviors

In this research, we examine customer rage-associated emotions, expressions, and behaviors following service failure. Three independent studies involving 656 respondents and multiple methods are employed to investigate customer rage. Scales for each form of rage emotion, expression, and behavior were developed and used to assess their interrelationships. Results suggest that different forms of customer rage emotions tend to be linked to different types of expressions and behaviors. For example, both Rancorous Rage and Retaliatory Rage emotions tend to increase Verbal expressions (such as raising one's voice, yelling, and making insulting remarks). In contrast, Retaliatory Rage emotion increases Physical expressions (tried to physically harm a service employee, tried to cause damage to property, and threatened to damage property) and Displaced expressions (took anger out on other people nearby, yelled at other people, and took their anger out on other people later on) whereas Rancorous Rage emotion decreases Physical and Displaced expressions. Interestingly, Verbal expressions are linked to passive-aggressive behaviors, such as switching service providers and spreading negative word of mouth while Physical expressions are linked to relatively aggressive behavior, such as a desire for revenge. Implications for scholarly research and retailers are discussed.     

严查行贿犯罪之实体进路

行贿直接诱发受贿．是腐败产生的温床,严查行贿犯罪是当前我国遏制腐败的必然要求。从实体法上解决查处行贿犯罪面临的“瓶颈”问题是刑法本身的社会性、刑事程序的僵化性、配套法律的欠缺性和国际条约的普适性之必然选择。为此,我们应该围绕严查的标准和需求,检视现行实体法存在的诸多不足,在此基础上,从罪与刑两个方面共同着力,既要严密法网,扩大行为犯罪化,加大追诉力度,又要疏缓刑罚,实现犯罪轻刑化,增加侦破几率．以此切实达到严查行贿犯罪之目的。     

The Use of Criminal Record in Employment Decisions: The Rights of Ex-offenders, Employers and the Public

The evidence suggests that employers discriminate against ex-offenders in the labour market. The problem is potentially serious as it involves a substantial proportion of the population, especially the male population. Since research has shown that most people with prior convictions stop offending by their late 20s or early 30s, the validity of selection based on criminal record remains questionable. This paper examines the need for legal protection of ex-offenders by limiting employers' access to, and use of, information on criminal background. The rights and interests of the various parties involved, employers, ex-offenders, and the general public, are discussed. Approaches to the legal protection of ex-offenders in Australia are reviewed and legislative changes proposed.     

Mentoring receipt and personality: Evidence for non-linear relationships

The research investigates the relationship of the Big-Five of personality with mentoring receipt with the use of two independent studies. The findings of the studies show substantial consistency. Equations of quadratic form describe half of the tested relationships better than linear equations. The association of openness to experience and agreeableness with mentoring receipt is of inverted U-shape. The benefits of being open and agreeable for mentoring receipt cease to exist at high values of these traits. On the other hand, emotional stability and conscientiousness demonstrate exclusively positive linear relationships with mentoring receipt. The form of the relationship of extraversion differs between the two studies, but the overall trend is positive. The substantial quadratic component in the association of personality with receipt of mentoring means that research hitherto may be grossly underestimating the effects of personality on developmental relationships because earlier studies assume strictly linear associations. Parts of the results also imply that the associations of certain personality traits with mentoring receipt may depend upon the occupational context.     

The Big Five dyad congruence and compulsive buying: A case of service encounters

This research examines how the Big Five personality congruence between buyers and sellers influences compulsive buying in a dyadic service encounter. We gathered 904 buyer-seller data and computed personality congruence using the difference score technique. The study findings manifested that buyer-seller congruence in agreeableness and openness increases compulsive buying behavior, whereas buyer-seller congruence in neuroticism decreases this behavior. Further analysis showed that pleasure enhancement dampens the negative impact of neurotic congruence on compulsive buying. In contrast, stimulation enhancement strengthens the positive influence of open-minded congruence on compulsive buying. Conclusively, compulsive buyers exhibit varying buying behaviors based on their personality congruence (incongruence) with their corresponding sellers'. Hence, marketing managers should create similar (dissimilar) buyer-seller pairs to boost firms' sales.     

(Un)Ethical Behavior and Performance Appraisal: The Role of Affect,Support, and Organizational Justice

Performance appraisals are widely used as an HR instrument. This study among 332 police officers examines the effects of performance appraisals from a behavioral ethics perspective. A mediation model relating justice perceptions of police officers’ last performance appraisal to their work affect, perceived supervisor and organizational support and, in turn, their ethical (pro-organizational proactive) and unethical (counterproductive) work behavior was tested empirically. The relationship between justice perceptions and both, ethical and unethical behavior was mediated by perceived support and work affect. Hence, a singular yearly performance appraisal was linked to both ethical and unethical behaviors at work. The finding that ethical and unethical aspects of employee behavior share several of the same organizational antecedents, namely organizational justice perceptions, has strong practical implications which are discussed as well.