关于刑事被害人救助制度若干问题的思考

在我国的刑事案件中,由于种种原因刑事赔偿难以兑现,多数受害人的家庭因此陷入了艰难境地。党的十七大指出：必须在经济发展的基础上,更加注重社会建设,着力保障民生和改善民生。而建立健全刑事被害人救助制度,不仅是国家对弱势群体的关怀,更是化解社会矛盾,维护社会稳定,促进社会和谐稳定的根本需要,是彰显司法人文关怀,实现刑事司法现代化的重要途径。     

Organizational Justice and Individuals' Withdrawal: Unlocking the Influence of Emotional Exhaustion

This study examined the relationships between organizational justice and withdrawal outcomes and whether emotional exhaustion was a mediator of these linkages. Data were obtained from 869 military personnel and civil servants; using structural equation modelling techniques, we examined an integrative model that combines justice and stress research. Our findings suggest that individuals' justice perceptions are related to their psychological health. As predicted, emotional exhaustion mediated the linkages between distributive and interpersonal (but not procedural and informational) justice and individuals' withdrawal reactions. Results showed that distributive and interpersonal justice negatively related to emotional exhaustion and emotional exhaustion negatively related to organizational commitment which, in turn, negatively influenced turnover intentions. These findings were observed even when controlling for the presence of contingent‐reward behaviours provided by supervisors and individuals' psychological empowerment.     

Justice As Subject and Object of Planning

Considerations of justice have moved to a central place in planning theory following Susan Fainstein's (2010) eloquent plea to elevate justice to the principal criterion for the evaluation of planning practice. Justice based on this understanding is the object of planning—the normative end that planning practice should strive to achieve. In this essay I explore the implications for planning theory and practice of making justice the subject rather than the object of planning. This formulation places justice at the center of rather than regarding it as the outcome of practice: what is of concern here is planning as the practice of justice rather than the justice of planning practice. The question for planning in this mode shifts from ‘Is this a just outcome?' to ‘What is justice in this situation?'. Based on John Dewey's pragmatist philosophy, this question transcends the dualisms between subject and object, and process and outcome, by understanding outcomes as already formulated (what Dewey called ends‐in‐view) in the process of their production. A planning process that takes justice as its subject is anti‐foundational and contextual rather than universal, anticipatory rather than retrospective, generative of solutions rather than evaluative of outcomes, culturally encompassing rather than project‐delimited, and inclusively democratic rather than expert‐driven. Examples from a variety of sources illustrate the practice of justice as the subject of planning.     

Peace, Justice, and Economic Reform

Abstract . Is justice necessary for peace? There can be no justice while people have unresolved grievances, but peace is more than the absence of strife. It is harmony. Justice is the principles of equality and evenhandedness that command and prohibit the use of force in resolving conflicts. Justice is not necessary for peace, but it does facilitate it. Conservative, majoritarian, egalitarian and contractarian efforts to specify justice all fail to respect persons in crucial ways and cannot be expected to lead to peace. The justice that leads to peace is classical liberalism, with its insistence that each person own himself or herself, augmented by the principle of equal rights to the opportunities provided by nature, as advanced by Henry George.     

Sex Differences in Responsiveness to Organizational Career Management

This is a study of differences between women and men in their responsiveness to formal organizational career management. Questionnaire data from 272 men and 101 women were analyzed. It was found that women's individual career variables were mostly similar to men's, but their responsiveness to organizational career management was higher than men's. Women's career effectiveness (performance, attitudes, identity, and adaptability) and career planning increased when the level of perceived organizational career management was high. The sex difference remained even when the effects of two other responsiveness-reducing factors, managerial position and tenure, were controlled. The results are interpreted in terms of women's cognitive construction of organizational reality. It is suggested that human resource managers have to distinguish between two different objectives: enhancing women's effectiveness vs. enhancing their career progress. To attain the first objective, formal career management systems should be developed. To attain the second, it is argued that women need to relate differently to the informal organizational system.     

Justice in the workplace: the centrality of social versus judgmental predictors of performance varies by gender

Men and women are said to perceive justice differently, with women proposed to be more concerned with relational issues and men focused more on material issues. In this study, the potential for differential effects of justice on performance by gender was analyzed across the four contemporary types of justice. Respondents were 265 male and 113 female occupationally diverse employees in a single organization. The results show significant differences in how men and women respond to the four justice types with only one – informational justice – acting similarly by gender. The differential relationships between each of the justice types and the outcomes by gender highlight the utility of the four factor approach to measuring organizational justice. Women were more interested in maintaining social harmony than men. The results appear to strongly support the use of the justice judgment model over the group-value model as a means of explaining the gender differences. Implications for management include the importance of informational justice both generally and within the performance appraisal process.     

Socioeconomic Conditions and Property Crime:

A comprehensive review of the crime literature indicates varying and often opposing hypotheses of relationships between property crime and socioeconomic conditions such as poverty, business cycle conditions, demographics, criminal justice system actions, and family structure. Employing measures of each of the hypothesized factors, time-series models for robbery, burglary, and vehicle theft are estimated from yearly and national Uniform Crime Report (UCR) data for the period 1959 through 1992 and are used to test these hypotheses' current empirical relevance. The empirical findings selectively confirm the importance of macroeconomic stability and criminal justice system actions in reducing property crime activity. In contrast, decreases in absolute poverty and general income inequality are associated with increased criminal activity; and age demographics and family/community structure apparently have little impact on any of the analyzed property-crime trends, A reduction in inflation apparently decreases property crimes.     

Finding Tools to Limit Sectarian Violence in Indonesia: The Relevance of Restorative Justice

This article explores the relevance of the restorative justice paradigm to issues of conflict avoidance and resolution in Indonesia. Sectarian violence engulfed Indonesia in the late 1990s after the fall of the New Order, largely as a result of resource competition and other economic factors. In addition, the revival of customary forms of authority through the national indigenous peoples movement exacerbated the potential for conflict between long‐settled indigenes and more recent migrants. A case study shows how the spread of communal conflict to the Lindu plain in Central Sulawesi was averted despite the sectarian violence in a nearby city. Local customary procedures of adjudication were insufficient to cope with such issues in a multiethnic context, as the ethnic groups in the area did not all subscribe to the same body of custom (adat). Instead, a diverse assembly of stakeholders invoked nationalist idioms of harmony and consensus to forge an agreement to avoid violence. Previous legal theorists have pointed to adat as a preexisting respository of restorative justice practices. However, this article argues that interethnic contexts require restorative practice to forge novel syntheses to deal with communal violence. Such syntheses may incorporate adat mechanisms, but they must also integrate other tools that gain the allegiance of multiple groups to work toward reconciliation and avoidance of further violence.     

Multiple banking relationships,managerial ownership concentration and firm value: A simultaneous equations approach

This paper examines how the number of banking relationships affects the interaction between managerial ownership and firm performance, and sheds light on the conditions under which banking relationships play a role in alleviating shareholder–manager conflicts. Our results provide several interesting insights. We document that bank monitoring has substantial value when managers are improperly incentivized, but that it becomes less important when managers are properly incentivized. There is a substitution effect between the value-increasing benefits of managerial ownership and bank monitoring. We also find that any existing free-riding concerns from having too many banking relationships are problematical only when Tobin's Q is high and managerial ownership is high.     

检察机关侦查监督部门化解社会矛盾工作机制研究

化解社会矛盾是我国政法机关当前的3项重点工作之一。检察机关是社会矛盾化解系统中一个重要的子系统。检察机关的法定职能、检察权的运行原则和追求目标是与化解社会矛盾、构建和谐社会一致的。侦查监督部门作为检察机关的主要职能部门必须在依法、充分履行现有职能的基础上,贯彻宽严相济刑事政策,转变工作思路,创新工作机制,从而更好地发挥检察机关在化解社会矛盾、构建和谐社会中的作用。     

An Essay on Distributive Justice and the Equal Ownership of Natural Resources

The article argues that, in seeking to establish criteria for distributive justice, consideration should be given to the manner in which Earth's natural resources are owned. The views of seven notable authorities on this issue are presented, ranging from an unrestricted right of private ownership to some form of public or collective ownership. The possibility of a system of ownership that is private but equal is discussed.     

Trust in the employer: the role of high-involvement work practices and procedural justice in European organizations

Despite the central role of trust in the organizational sciences, we know little about what makes people trust the organizations they work for. This paper examines the antecedents of employees' trust in their organizations drawing on survey data from over 600 European professional workers and managers. The results revealed direct as well as indirect relationships of both human resource (HR) practices and procedural justice with trust. The relationships of both HR practices and procedural justice with trust were partially mediated by perceptions of organizational trustworthiness (in terms of perceived ability and trustworthy intentions of the organization). Justice and HR practices were also found to interact such that justice forms a stronger predictor of trust in organizations when HR practices are less developed. In addition, employees' dispositional propensity to trust explained significant variance in employee trust in their organization, even when it was controlled in our analysis. The implications of these findings for research and practice are discussed.     

Justice served: Mitigating damaged trust stemming from supply chain disruptions

This research examines the mitigation of damaged trust stemming from supplier-induced disruptions. We used the critical incident technique on 302 buying firms in China to capture two (one successful, one unsuccessful) supplier-induced disruptions (yielding a total of 604 incidents) to test our theorizing grounded in justice theory. We find evidence that different aspects of trust damage (ability, benevolence, and integrity) can be mitigated through the supplier's selective use of appropriate justice approaches (procedural, interactional, or distributive justice), which, in turn, foster relationship continuity intentions. Within this realm, we make a number of contributions. First, we find that procedural justice is the most effective mechanism (followed by distributive justice and interactional justice) to recoup the damage to buyers’ trust in the suppliers’ ability, benevolence, and integrity. Second, we find that mitigating damaged ability is the most powerful precursor (followed by recuperating damaged integrity) for locking in future business. Conversely, the mitigation of damaged benevolence is not found to affect future business intentions. Third, our post hoc results suggest that disruptions and consequent mitigation efforts pose relational threats as well as opportunities—yet the “double-edged” nature is affected by the “base” level of trust (i.e., the trust level prior to the disruption). Broadly, our study suggests that suppliers can overcome the negative relational repercussions of disruptions (that they caused) by employing well-developed, but nuanced, mitigation efforts and, in doing so, repair, solidify or even enhance the relationships.     

Equity,Fairness and Justice Implications of Land Tenure Formalization in Cameroon

This article examines Cameroon's modern land policy. Initially, it traces the policy's roots to the colonial era. As the only African country that came under the control of three European colonial powers, viz. Germany, Britain and France, Cameroon provides a unique opportunity to understand colonialism's influence on Africa's persistent land problem. This is because the problem is structurally embedded in the historical processes of colonial rule. The heart of the article focuses on the policy's provisions for land tenure formalization, especially the land titling process. Of interest are the implications of this process for questions of equity, fairness and justice as they relate to access to land in the country. It suggests that, contrary to what proponents claim, land tenure formalization is not a panacea enabling capital accumulation for all. The article marshals evidence to show that the land tenure formalization requirements in Cameroon have effectively served to aggravate socioeconomic inequalities in the country. This is especially because the requirements favour societal elites, including bureaucrats, politicians and entrepreneurs. The article concludes that, by making government‐issued land titles the unique testament to landownership, the country's indigenous authorities have aggravated the problem of inequitable, unfair and unjust access to land that they inherited from their colonial predecessors.     

Distinguishing China's processing trade in the world input-output table and quantifying its effects

ABSTRACT

Distinguishing processing trade is crucial to national input-output table-based research on China's international trade. This paper further investigates the importance of distinguishing China's processing trade in multicountry input-output table-based studies. We focus on the bias in China's bilateral trade in value added caused by China's undistinguished processing trade. We construct a product-by-product world input-output table capturing China's processing trade based on the World Input-Output Database. Empirical studies show that, if China's processing trade is undistinguished, the profile of China's bilateral trade in value added would be seriously distorted; China's bilateral net trade in value added with some economies, such as Japan, Korea and Taiwan, would be significantly underestimated, while it would be significantly overestimated for some other economies, such as the United States. Distinguishing processing trade in multicountry input-output tables is also crucial when China's bilateral trade in value added is considered.     

Leader‐Member Exchange,Group‐ and Individual‐Level Procedural Justice and Reactions to Performance Appraisals

Previous research has established that relationships with authority figures and procedural justice perceptions are important in terms of the way in which employees react to organizational procedures that affect them. What is less clear are the reasons why exchange quality with authorities is related to perceptions of process fairness and the role of procedural justice climate in this process. Results indicate that individual‐level perceptions of procedural justice, but not performance ratings, partially mediate the relationship between exchange quality and reactions to performance appraisals, and that procedural justice climate is positively related to perceptions of procedural justice and appraisal reactions. These results support a more relational than instrumental view of justice perceptions in organizational procedures bound by exchange quality with an authority figure. Our study suggests that it is essential for managers to actively monitor and manage employee perceptions of process fairness at the group and individual levels. © 2015 Wiley Periodicals, Inc.     

Gender,Organizational Justice Perceptions,and Union Organizing

The authors examine the relationship between gender and organizational justice perceptions and the implications of this relationship for organizing women. They employ a survey study design to confirm expectations associated with the anecdotal literature on this topic, namely that women place greater value on interactional justice than on distributive or procedural justice. Results indicate that gender leads to valuing interactional justice more highly only in interaction with race. Specifically, in contrast to white women and both white and black men, black women give greater weight to being treated with dignity and respect than to the other two organizational justice dimensions.

Exploring the factors associated with employees' perceived appraisal accuracy: a study of Chinese state-owned enterprises

Western employment practices have increasingly been used in emerging markets, but little is known about the factors influencing non-Western employees' views regarding Western employment practices. This paper presents a study that investigates the factors associated with Chinese employees' perceived appraisal accuracy. Based on the extant literature, the study tests six aspects of a performance appraisal (PA) system: employees' perceptions of distributive justice, procedural justice, interactional justice, administrative purpose, developmental purpose and the use of multiple raters. A mixed methods approach was used to collect the data; quantitative data collected from a survey were used to test the hypothesized relationships and qualitative data collected from interviews were used to help explain the underlying logic behind the relationships. The results of the hypotheses testing show that employees' perceived accuracy of PA is positively associated with the three types of justice and the two purposes of PA. The findings from the interviews indicate that employees' perceptions of appraisal accuracy are influenced by certain Chinese cultural characteristics and management traditions. The implications of the findings for research and practice are discussed.     

An Investigation of Justice in supply chain relationships and their performance impact

Justice is important in improving performance of supply chain relationships. However, the role of justice in improving performance in supply chain relationships is an under-investigated subject in the literature. In studying the joint impact of justice dimensions, the traditional assumption is that the three forms of justice interact with each other in a multiplicative manner. However, this assumption creates a managerial problem as discussed in this paper. We outline a different view of how the justice dimensions interact with one another utilizing the constraining factor model (CFM). We show that the CFM resolves some of the problems arising from the choice of multiplicative interaction of justice measures on performance. Specifically, we demonstrate that an increase in procedural, distributive or interactional justice results in a significant and positive improvement in performance only if the specific justice dimension is the constraining factor in the relationship. Overall, our analysis suggests that all three dimensions are important and a high level of one of the justice elements will not compensate for a low level of another, a view that is put forward by a number of past research studies in justice. We discuss the theoretical and managerial implications of our findings.     

The making of women trade union leaders

A trade union's constitution is intended to produce its leaders in a democratic and even-handed manner, but the reality for women is one of inequality. They remain almost invisible in senior positions in British unions. The social processes by which women do or do not progress in a union's career structure are investigated through a case study of SOGAT ‘82.