关于建立罚没款项补偿受害人损失制度的思考

将罚没款项(没收违法所得和罚款)补偿受害人损失,是通过公权手段保护私权主体权益的一项全新的制度设想.目前我国的规定是,执法机关应当将罚没款项一律上缴国库,这样的规定虽然简单易行,但存在的问题不能忽视.罚款数额应当与违法者造成的受害人损失挂钩,政府应当将罚没款项首先用来补偿受害人的人身和财产损失,以促进实现社会公平正义.     

Student,classroom, and teacher factors associated with teachers’ attunement to bullies and victims

Teachers are instrumental in antibullying efforts given their position of authority in the classroom context, yet teachers can only be effective at reducing victimization and bullying in their classrooms if they are aware of who is involved. Consequently, teachers’ attunement to bullies and victims is a critical component of social dynamics management and antibullying practices. Given the importance of teacher attunement, there is a pressing need to identify relevant factors related to the degree to which teachers are attuned to bullies and victims. The major objective of the current investigation was to examine student- (gender, popularity status), classroom- (average bullying, norm salience of bullying, popularity hierarchy, class size), and teacher-level (gender, teaching experience) factors associated with teachers’ attunement to bullies and victims. Using a sample of students in 5th-grade classrooms, we analyzed the likelihood of teachers being attuned to 267 bullies (76.8% boys) nested in 112 classrooms and 343 victims (55.1% boys) nested in 120 classrooms using multilevel mixed-effects generalized linear models. Results indicated that teachers were more likely to be attuned to boy bullies and victims but less likely to be attuned to bullies and victims with higher popularity status. No classroom or teacher level factors related significantly to the likelihood of teachers’ attunement. Implications for social dynamics management and bullying intervention efforts are discussed.