合作与破裂:山东地方官与大刀会关系研究

山东地方官对大刀会、拳会的宽容的政策与态度由来已久，早在甲午中日战争期间，官军就与大刀会形成默契，在共同缉捕盗匪方面取得显著成效，直至义和团在中外联合势力的绞杀下失败，在此期间，大刀会、拳会等名目的民间团体组织与官府的关系就处在一种半合作半破裂的游离状态，即这种宽容政策具有一定的延续性。就义和团运动而言，大刀会等民间会社势力仅仅是为义和团运动构筑的可能性力量而已，程度很高，却极不稳定，它们有待于官方的开掘、引导与锤炼及外力催逼，即官方对刀会、拳会的宽容态度与政策，以及西方列强、教会势力的威逼现实这两种因素，而前者更为重要。     

政府动态奖惩机制下绿色建筑供给侧演化博弈研究

从绿色建筑供给侧角度出发，构建消费者效用函数、开发商利润函数和政府与开发商的演化博弈模型，分析消费者绿色偏好、建筑绿色度、成本等因素对建筑价格、需求和利润的影响以及政府动态奖惩政策下系统的演化稳定策略。结果表明：消费者绿色偏好支付系数和建筑绿色度的增大有利于绿色建筑价格、需求和利润的提高，但高成本却使需求和利润降低；政府采用静态补贴与静态税收政策时，博弈系统不存在演化稳定策略，采用动态补贴与静态税收、静态补贴与动态税收、动态补贴与动态税收三种政策组合时，系统存在演化稳定策略；动态补贴与静态税收的政策组合在推动绿色建筑发展方面优于其他政策；开发商开发绿色建筑的概率与补贴上限值呈负相关，与税收上限值呈正相关。     

Contested theories of prison labor practice

In recent years, prison strikes and controversies have brought public attention to the systemic problems with prison labor in the United States. Such labor often exploits people who are imprisoned to do work that is vital to society—including firefighting, farming, or manufacturing consumer goods—with wages that can be less than a dollar per hour in highly coercive working conditions. Although there is call to end prison labor today, theories of prison labor have historically been contested, even among activists and progressive reformers. Accordingly, this review offers a short sociological history of labor in correctional environments, highlights contemporary controversies, and argues for a more fine-grained approach to the relationships among labor, prisons, and reentry. It traces the field of reformers and scholars that have made arguments for punitive, rehabilitative, restorative, and transformative approaches to work. The contested theories of prison labor across time and space suggest that a better understanding is needed of what makes labor exploitative and what forms of labor have the potential to transform the root causes of crime, within and beyond prison walls. Overall, this review has implications for those who study prison and reentry programs, relationships between crime and community, and the political economy of incarceration.     

Establishing Laws and Policies on Parent to Child Violence in Finland 1965–1983

This study explores perceptions of parent to child violence, the arguments for imposing legal regulation, and the intended objectives of the legislative process that led to a ban in Finland in 1983. This qualitative policy analysis examines policy documents alongside expert interviews with professional on the legislative process. The example of Finland shows that a significant change in attitudes and decreased levels of violence towards children can be achieved without the threat of legal punishment, even without specific intervention policies. However, the study emphasises the importance of establishing clear practices alongside altering legislation which has been inadequate in Finland.     

A propensity score matching analysis of the relationship between victim sex and capital juror decision-making in North Carolina

A small body of prior research has examined the impact of victim sex on jury death penalty decision-making and the majority of this research has demonstrated some evidence of a “female victim effect” such that cases involving a female victim are more likely to receive the death penalty than similarly situated cases with a male victim. However, within this line of research studies have suggested that victim sex may work in conjunction with other case characteristics. In order to further explore this phenomenon, the current study examines a near-population of death penalty cases from North Carolina (n = 1069) from 1977–2009 using propensity score matching. Results demonstrate that once cases are matched on more than 50 legal and extralegal case characteristics, there is no statistically significant or substantive link between victim sex and death penalty decision-making. Findings suggest that it is concrete differences in the legal and extralegal factors observed in cases with female victims compared to male victims that shape jury death sentence decisions rather than a direct effect of victim sex (before matching: OR = 1.53; 95% CI = 1.20–1.95; p < .001/after matching: OR = 0.90; 95% CI = 0.66–1.24; p = .52). Study limitations and implications are also discussed.     

‘Unfit for reform or punishment’: mental disorder and discipline in Liverpool Borough Prison in the late nineteenth century

This article examines how Liverpool Borough Prison, opened in 1855 as one of the largest local prisons in England to adopt the separate system, categorized and dealt with mental distress and disorder amongst its prison population in the late nineteenth century. High prison committal rates in Liverpool, alongside high levels of recidivism, especially among female prisoners, led to severe overcrowding and encouraged a harsh disciplinary regime. Exacerbated by the poor physical and mental condition of the prisoners, this produced a challenging environment for maintaining the separate system of confinement and prisoners’ mental well-being. While official figures for the rates of mental disorder in local prisons are not readily available, Liverpool Prison’s diverse and under-exploited archives and official reports indicate that insanity caused prison officials and visiting justices great concern, and many prisoners were declared unfit for the rigours of prison discipline. Our article explores the implications of the ever more punitive, deterrent and physically taxing penal policy implemented in the late nineteenth century on the minds of prisoners. Despite the heavy toll on prisoners’ mental well-being, such cases were often retained by prison medical officers reluctant to acknowledge the failure of the prison to deter, reform and redeem.     

刑事司法中环境修复责任的多元化适用

在刑事司法中适用环境修复责任契合“运用司法手段修复生态环境”的政策导向，具有“惩罚犯罪和修复损害”的双重责任功能，顺应“刑事、民事和行政责任功能融合”的发展趋势，是符合法律责任规律的制度安排。在刑事司法实践中，环境修复责任得到多元化适用，但也面临“法律依据不足”的困境，存在“责任性质认知困惑、责任方式适用混乱、超越司法职权边界、滋生裁量失控风险”等问题。就适用方式而言，提倡将环境修复作为量刑情节、非刑罚处罚措施和刑事附带民事赔偿方式予以适用，并通过完善附条件不起诉制度、刑事和解制度和社区矫正制度等司法制度，为环境修复责任提供多元适用途径。     

Unjust punishment in organizations

What causes leaders to punish subordinates unjustly? And why might leaders keep punishing subordinates unjustly, even when this increases workplace misconduct? In the current paper we address these questions by suggesting that power and status cause leaders to punish unjustly. We review evidence on the effects of power and status on punishment, review how unjust punishments foster misconduct, and highlight how this creates a self-perpetuating feedback loop—leaders are more likely to punish in an unjust manner when subordinates engage in misconduct, but subordinates’ misconduct is partly caused by unjust punishments. We also discuss how leader-subordinate distrust may be at the heart of this phenomenon and how organizations may counteract unjust punishments. We draw attention to research areas that have received little attention and draw up an agenda for future research. Taken together, we integrate the literatures on power, status, punishment and trust, review evidence on when unjust punishments become perpetuating, challenge research suggesting that leaders are cautious when punishing, and guide future research on the topic of punishment in organizations.     

采购拍卖下混合回收渠道的闭环供应链奖惩契约协调研究

在市场需求不确定下,应用采购拍卖和奖惩契约研究零售商和第三方混合回收的闭环供应链协调问题。针对市场中存在m个制造商、1个零售商和1个第三方回收商的情形,分析目录拍卖-双重奖惩契约机制协调供应链的影响,证明当参数满足一定条件时目录拍卖-双重奖惩契约机制能够协调闭环供应链。     

论老年人犯罪从宽暨免死的年龄标准与立法模式——以《刑法修正案(八)》为视角

老年人犯罪从宽的年龄标准应当有别于老年人免死的年龄标准。当前,中国对老年人犯罪从宽的年龄宜规定为"年满70周岁",而对老年人犯罪免死的年龄则宜规定为"年满75周岁"。对老年人犯罪从宽应当与对未成年人犯罪从宽相一致,统一规定为"应当从轻或者减轻处罚",而没有必要区分故意和过失犯罪分别规定。考虑到老年人犯罪免死的根据、刑罚目的和国际上的普遍做法,中国应当免除所有老年人犯罪的死刑,而不应有例外。