我国亲告罪追诉模式之困境及其重构——以网络诽谤案件的证据收集问题为切入点

网络诽谤犯罪属于《刑法》规定的亲告罪类型，此类案件中被害人的证据收集能力受到较大制约，导致其面临“自诉困境”。对此问题，不论是亲告罪的选择性公诉化，还是公权力适当介入证据收集过程的处理路径均存在不足。《刑法修正案(九)》针对网络侮辱、诽谤犯罪的证据收集问题作出新规定，但是无法扩张适用于所有亲告罪类型。亲告罪的自诉困境凸显出我国对亲告罪确立的单纯自诉制追诉模式存在显著缺陷：不利于对被害人的平等保护，以及混淆告诉权和举证责任。重构亲告罪追诉模式的前提是对刑事法中的“告诉”进行重新解释，使其本质回归为诉讼条件，与证明责任“解绑”。在模式选择上，应确立混合告诉制的追诉模式，被害人提起告诉后，可以自主选择适用自诉程序还是公诉程序。     

Because they were there: Access,deliberation, and the mobilization of networks for support

When people need help, what is the process through which they decide whom in their network to turn to? Research on social support has described a process that is deliberative in nature: people determine their needs, assess who in their network has the needed attributes—such as skill, trustworthiness, intimacy, and accessibility—and then activate that tie. Nevertheless, research in behavioral economics and other fields has shown that people make many decisions not deliberatively but intuitively. We examine this possibility in the context of social support by focusing on one factor: accessibility. Although researchers have argued that people weigh the accessibility of potential helpers as they do any other attribute, accessibility may be not only an attribute of the helper but also a condition of the situation. We develop a framework to make this question tractable for survey research and evaluate competing hypotheses using original data on an analytically strategic sample of ∼2000 college students, probing concrete instances of social support. We identify and document not one but three decision processes, reflective, incidental, and spontaneous activation, which differ in the extent to which actors had deliberated on whether to seek help and on whom to approach before activating the tie. We find that while the process was reflective (consistent with existing theory) when skill or trustworthiness played a role, it was significantly less so (consistent with the alternative) when accessibility did. Findings suggest that actors decide whom in their network to mobilize through at least three systematically different processes, two of which are consistent less with either active “mobilization” or explicit “help seeking” than with responsiveness to opportunity and context.     

Crowdfunding digital platforms: Backer networks and their impact on project outcomes

Crowdfunding platforms serve to connect project creators and backers. Previous research has explored several project and platform determinants that impact crowdfunding outcomes. However, there has been limited research on these determinants at an individual level. Our paper addresses how backers may influence the outcomes of projects in crowdfunding platforms. We explore several methods commonly used in the industry to identify influence and show that centrality measures through a backer affiliation network best exemplifies influence. Using data from Kickstarter, we construct a weighted backer network based on 52,678 common projects backed by 11,134 backers. Controlling for digital media mentions and project quality, we find evidence that backers in central positions within the network have a positive impact on multiple project outcomes such as the project success rates, amount of funds raised, speed of reaching the crowdfunding goal as well as the number of backers contributing to the project. These findings are replicated and reinforced by using data from a different crowdfunding platform using the entire backer network based on 1095 projects backed by 87,896 backers. Several robustness tests are used to validate these results.     

The embeddedness of organizational performance: Multiple Membership Multiple Classification Models for the analysis of multilevel networks

We present a Multiple Membership Multiple Classification (MMMC) model for analysing variation in the performance of organizational sub-units embedded in a multilevel network. The model postulates that the performance of organizational sub-units varies across network levels defined in terms of: (i) direct relations between organizational sub-units; (ii) relations between organizations containing the sub-units, and (iii) cross-level relations between sub-units and organizations. We demonstrate the empirical merits of the model in an analysis of inter-hospital patient mobility within a regional community of health care organizations. In the empirical case study we develop, organizational sub-units are departments of emergency medicine (EDs) located within hospitals (organizations). Networks within and across levels are delineated in terms of patient transfer relations between EDs (lower-level, emergency transfers), hospitals (higher-level, elective transfers), and between EDs and hospitals (cross-level, non-emergency transfers). Our main analytical objective is to examine the association of these interdependent and partially nested levels of action with variation in waiting time among EDs – one of the most commonly adopted and accepted measures of ED performance. We find evidence that variation in ED waiting time is associated with various components of the multilevel network in which the EDs are embedded. Before allowing for various characteristics of EDs and the hospitals in which they are located, we find, for the null models, that most of the network variation is at the hospital level. After adding these characteristics to the model, we find that hospital capacity and ED uncertainty are significantly associated with ED waiting time. We also find that the overall variation in ED waiting time is reduced to less than a half of its estimated value from the null models, and that a greater share of the residual network variation for these models is at the ED level and cross level, rather than the hospital level. This suggests that the covariates explain some of the network variation, and shift the relative share of residual variation away from hospital networks. We discuss further extensions to the model for more general analyses of multilevel network dependencies in variables of interest for the lower level nodes of these social structures.     

A content analysis of BP's press releases dealing with crisis

This study aims to analyze what kinds of frames have been used in British Petroleum's (BP's) press releases, which dealt with the Gulf oil spill crisis that occurred in April 2010. A content analysis was conducted to explore the different frames used by BP in its press releases to deal with the crisis. The main and sub themes are also analyzed through a content analysis of press releases. This study attempts to examine BP's crisis communication strategy through press release usage by closely analyzing the frames and themes that were used. This study found that BP attempted to update the public on what the company was doing to resolve the oil spill crisis, and that they made every effort to manage the crisis by using the company's official update frame. In addition, by using the social responsibility frame, BP aimed to show the public that they had intentions of taking responsibility for the oil spill. Finally, BP used a minimal number of defensive frames as a way of showing the public that they did not want to flee from the responsibility of the oil spill crisis.     

Affiliation networks with an increasing degree sequence

Affiliation network is one kind of two-mode social network with two different sets of nodes (namely, a set of actors and a set of social events) and edges representing the affiliation of the actors with the social events. Although a number of statistical models are proposed to analyze affiliation networks, the asymptotic behaviors of the estimator are still unknown or have not been properly explored. In this article, we study an affiliation model with the degree sequence as the exclusively natural sufficient statistic in the exponential family distributions. We establish the uniform consistency and asymptotic normality of the maximum likelihood estimator when the numbers of actors and events both go to infinity. Simulation studies and a real data example demonstrate our theoretical results.     

Mobility and Professional Networks in Academia: An Exploration of the Obligations of Presence

This article explores the obligations of presence behind work-related mobility for academics in internationalizing higher education systems. By further developing John Urry’s concept of ‘meetingness’, the article reveals how academics depend on corporeal and virtual mobility to create and maintain a networked professional life outside their own institution, which is crucial in the context of changing work conditions. Our insights are drawn from original qualitative research (42 interviews) in a Flemish and Danish context. The data reveal obligations of presence associated with an interrelated mix of functionality, and the construction of dense and sparse social networks that together support career success and work at the frontiers of academic knowledge. Despite the now well-recognized costs of corporeal mobility, obligations of presence result in virtual and corporeal mobility coexisting, rather than the former substituting for the latter. Virtual mobility is mainly used when conflicting obligations of presence exist, and as a means of sustaining networks over time given the processual nature of meetingness, rather than as a means to reduce levels of corporeal mobility.     

Improving Africa's Roads: Modelling Infrastructure Investment and Its Effect on Sectoral Production Behaviour

Given the scarce resources for public investment in developing countries, policy analysis should include a detailed perspective on the effects of infrastructure. This article develops a modelling framework for analysing the effects of improved road infrastructure on the economy of African countries. The theoretical framework is tested empirically and used for simulations in a Computable General Equilibrium (CGE) model, and the effects on production and welfare are analysed. The model also serves to investigate the effect of roads on the economic participation of rural households.     

Social networks and the organisation of big business groups in post New Economic Policy (NEP) era in the 1990s in Malaysia

Personal ties are generally regarded as important to big business growth in Malaysia, particularly after the New Economic Policy (NEP) in the 1990s. Common types are informal ones established between multi-ethnic big business people and Malay key state and political leaders. Other types of ties, company directorship links and informal ties, are seldom studied especially those between the business people and former state bureaucrats and corporate professionals. Thus, by conceptualising the directorship links and informal personal ties as social networks, the author conducted a sociological analysis of some intra- and inter-ethnic directorship links and ties established by four prominent big businessmen after the NEP in the 1990s. This article reports the main finding on the links and ties becoming a common organisational mechanism of business groups owned and controlled by the businessmen, besides providing access to the state. Therefore, another understanding of inter- and intra-ethnic personal ties in big business growth, especially after the NEP is achieved.     

Bid-rigging networks and state-corporate crime in the construction industry

This study highlights the symbiotic relationship that may arise between political and business actors in conspiracies organized around public construction bids. Based on a core-periphery social network analysis, the study tracks the emergence of such a conspiracy in the city of Laval (Canada) by illustrating the evolution of bid-rigging networks revolving around suspected and persistent acts of corruption, bid-rigging, and bribery. To assess this process, the study monitors irregular bidding indicators across a data set compiled from more than 7000 public construction tenders that were processed by the city from 1966 to 2013. Findings reveal that firms suspected of bid-rigging activities were perennial core participants largely as a result of a state-corporate crime system that served as the guiding force for agreements between the main construction entrepreneurs.