认罪认罚被告人上诉问题研究——以检察业务为视角

适用认罪认罚制度得到从宽处罚的被告人仍有部分提出上诉,其中以量刑过重为由的投机型上诉占大多数,尽管如此,认罪认罚被告人的上诉权仍应全面保留,对于因不合理上诉导致认罪认罚从宽制度效率价值无法充分发挥的问题,检察机关应当提升检察业务水平,加强沟通联系,强化释法说理工作,以减少被告人的不合理上诉,推进认罪认罚从宽制度的实施。     

Workplace racial composition, perceived discrimination, and organizational attachment

Prior research has devoted considerable attention to the relationship between the racial and ethnic composition of jobs and various indicators of organizational attachment. Fewer studies, however, examine how workplace racial composition affects individuals’ experiences of racial discrimination or how these experiences impact workers’ organizational attachment. To address this lacuna, we first examine the effects of workplace racial composition on perceived racial and ethnic discrimination. Next, we examine whether perceived racial discrimination mediates the association between racial composition and organizational attachment observed in prior studies. Finally, we explore whether these relationships are similar (symmetric) or different (non-symmetric) for non-Whites and Whites. The analyses indicate: (1) working with predominately same-race coworkers tends to diminish perceptions of racial discrimination, (2) perceived racial discrimination mediates some of the effects of racial/ethnic composition on organizational attachment, and (3) some non-symmetric effects between non-Whites and Whites are found. We conclude with implications for future research.     

认罪认罚案件被告人上诉权的限定问题

认罪认罚从宽制度给予了被告人程序和实体上的双重从宽,以激励其自愿认罪认罚.认罪被告人拥有上诉权不仅是对其个人权益的保护,而且是“以审判为中心”制度改革的内在要求.虽然认罪被告人提出上诉在一定程度上是对一审程序的推翻,但现阶段该制度发展并不完善,办案人员存在认识片面、经验不足等方面的问题,当前完全剥夺认罪被告人的上诉权是不现实的.但从该制度发展的长远角度来看,对认罪被告人的上诉权进行限定是完善该制度的内在要求.为平衡二者之间的矛盾,在立法模式上,应以我国基本国情为基础,外部为被告人自愿作出认罪认罚完善相应保障条件,内部对上诉的理由进行列举式的规定,并合理地借鉴域外国家在相应制度下对被告人上诉权限制的规定,以便在司法实践中更好地贯彻落实认罪认罚从宽制度.     

No place like home? Familism and Latino/a–white differences in college pathways

Recent research has argued that familism, defined as a cultural preference for privileging family goals over individual goals, may discourage some Latino/a youth from applying to and attending college, particularly if they must leave home (Desmond and López Turley, 2009). Using data from the Education Longitudinal Study, we find that Latino/a students and parents indeed have stronger preferences than white students and parents for living at home during college. For students, most differences in preferences for proximate colleges are explained by socioeconomic status, academic achievement and high school/regional differences. Moreover, controlling for socioeconomic background and prior achievement explains most racial/ethnic gaps in college application and attendance among high school graduates, suggesting that familism per se is not a significant deterrent to college enrollment above and beyond these more primary factors. However, results indicate generational differences; cultural factors may contribute to racial/ethnic gaps in parental preferences for children to remain at home.     

Ebony and Ivory? Interracial dating intentions and behaviors of disadvantaged African American women in Kentucky

Using data from 595 predominantly disadvantaged African American women in Kentucky, this study examines perceptions about racial/ethnic partner availability, cultural mistrust, and racism as correlates of interracial dating intentions and behaviors with both white and Hispanic men. Participants reported levels of dating intentions and behaviors were significantly higher with whites than Hispanics. The multivariate models indicate less cultural mistrust and believing it is easier to find a man of that racial/ethnic category were associated with higher interracial dating intentions. Women were more likely to have dated a white man if they believed it was easier to find a white man and had interracial dating intentions; however, interracial dating intentions was the only significant correlate of having dated a Hispanic man. Findings suggest a shrinking social distance between racial groups, broadening the MMPI for African American women; yet, the low levels of interracial relationships are likely driven by preferences of men.     

Disentangling the reciprocal relationship between change in crime and racial/ethnic change

Prior research has found that racial/ethnic change and residential instability are positively related to neighborhood crime. However, the process of racial/ethnic change differentially influences crime above and beyond residential instability. While both processes affect crime through the disruption of existing social ties, racial/ethnic change has additional consequences for crime by heightening racial/ethnic tensions and undercutting cross-group interactions. This means racial/ethnic change is a different process than residential instability, and suggests that neighborhoods experiencing high rates of instability and high rates of racial/ethnic change may be particularly susceptible to crime. Therefore, we examine the influence of racial/ethnic compositional change on change in crime across different levels of residential instability. Further, we argue that demographic change and crime may be influencing each other simultaneously: increases in the crime rate and racial/ethnic compositional change impact each other at the same time. To capture this process, we employ a structural equation model (SEM) that accounts for the reciprocal and simultaneous relationship between racial/ethnic change and violent and property crime rates in Los Angeles, California between 1990 and 2000. We also account for the influence of change in spatially proximate communities. Results show robust evidence that increases in racial/ethnic change contributes to greater violent and property crime rates, but the reciprocal influence of crime on racial/ethnic change is contingent upon the degree to which a neighborhood is experiencing residential instability and crime type.     

Marrying out: A boundary approach to understanding the marital integration of Asian Americans

For decades, studies of intermarriage have provided insights regarding the integration and assimilation of ethnic groups in the US. In this paper, marriage outcomes are analyzed to gain a better understanding of the integration of Asian Americans into American society. Instead of utilizing assimilation theories that focus on individual-level variables such as education and nativity, I extend two theoretical perspectives to develop a boundary approach which emphasizes the how structured contexts at ethnic and racial boundary levels influence intermarriage outcomes. This approach recognizes the layered character of ethnic boundaries and the salience of ethnic and racial boundaries for new immigrant groups. Multinomial logistic regression models are used to analyze 2000 US Census data. The results generally support the theoretical predictions, suggesting that demographic distributions and the ways in which groups are structured in relation to one another along racial and ethnic boundaries are important predictors of intermarriage.     

工作相关文化价值观、管理控制偏好及二者关系实证研究:以新疆地区汉族、维吾尔族和回族为研究对象

文章以新疆地区的汉族、维吾尔族和回族为对象,研究三个问题:一是这三个民族的工作相关文化价值观是否有显著差别;二是这三个民族的管理控制偏好是否有显著差别;三是这三个民族的工作相关文化价值观如何影响管理控制偏好。研究发现:就工作相关文化价值观来说,在个人主义、权力距离、不确定性回避和雄心方面,都存在显著差异;就管理控制偏好来说,在分权、预算基础业绩评价和业绩基础财务报酬存在显著差异;在正规化和预算参与方面各民族不存在显著差异;一定的工作相关文化价值观影响一定的管理控制偏好,但是,并不是所有的工作相关文化价值观都会影响所有的管理控制偏好。     

云南民族文化大省建设三论

作者从民族统一论、文化生产论、人文经济论三方面阐述了云南民族文化大省建设的基本内涵:强化各民族文化多样性共存的和谐统一;促进各民族文化多样性互动的平衡发展;注重各民族文化多样性互补的优化创新。     

Coalitional affiliation as a missing link between ethnic polarization and well-being: An empirical test from the European Social Survey

Many studies converge in suggesting (a) that ethnic and racial minorities fare worse than host populations in reported well-being and objective measures of health and (b) that ethnic/racial diversity has a negative impact on various measures of social trust and well-being, including in the host or majority population. However, there is much uncertainty about the processes that connect diversity variables with personal outcomes. In this paper, we are particularly interested in different levels of coalitional affiliation, which refers to people’s social allegiances that guide their expectations of social support, in-group strength and cohesion. We operationalize coalitional affiliation as the extent to which people rely on a homogeneous social network, and we measure it with indicators of friendships across ethnic boundaries and frequency of contact with friends. Using multi-level models and data from the European Social Survey (Round 1, 2002–2003) for 19 countries, we demonstrate that coalitional affiliation provides an empirically reliable, as well as theoretically coherent, explanation for various effects of ethnic/racial diversity.     

Equality of endogamy: Statistical approaches

In research on assimilation through marriage or defining racial groups as castes or classes, it is important to be able to test the equality of endogamy of groups of differing sizes and sex ratios. A variety of proposed solutions all have major difficulties. Log-linear models constitute an improvement but still retain some undesirable properties, including an inability to deal with both the linear and quadratic dimensions of the relationship between group size and endogamy levels by focusing on one to the exclusion of the other. Moreover, in the context of studies of comparative analysis of racial groups it is handicapped by providing inconsistent results for uncollapsed categories when other groups are combined.We recommend instead the weighted least-squares methodology both to test for statistical significance of differences in endogamy and to rank racial or ethnic groups according to their degree of endogamy. This method incorporates both the linear and quadratic components influencing the diagonal frequencies in marriage studies. Linear effects (see Table 2) are stronger when endogamy is high, and quadratic effects (see Table 3) are stronger when endogamy is low, although in general both are present together. Furthermore, this approach permits separate calculation of endogamy levels by sex and provides a test to ascertain when separate statistics should be computed. It is relatively free from biases in terms of the amount of “extra credit” given smaller groups, and is invariant when categories are combined. Conditional kappa values can be utilized to judge whether a racial group was relatively closed or open (compared to other groups) and to analyze the impact of the structural characteristics of group size and sex ratio on endogamy.In one area log-linear models retain an advantage over GSK-based analyses. The former have been employed to examine patterns of intermarriage via the quasi-symmetry, quasi-independence, and other tests based on off-diagonal elements. So far no comparable method has appeared for analyzing the intermarriage or exogamy behavior using GSK. Applications of log-linear models have been less successful in dealing with endogamy or inmarriage patterns.The comparison of degrees of endogamy by the GSK approach is based on direct measurement of endogamy by racial groups, allowing for calculation of standard error figures for each group's endogamy value. The ability of the GSK method to accomplish the above—as well as provide kappas which are invariant under group collapsing, tests of equal endogamy (by sex if necessary), and a test of marginal homogeneity—may be unique.Our recommendation is that in future discussions, involving comparisons of endogamy among several populations, conditional kappas and their standard errors at the very least should be presented. The distinction between male-oriented, female-oriented, and balanced conditional kappas, as well as the use of formal tests of endogamy, homogeneity, and marginal homogeneity permits examination of important population issues. The broad applicability of these techniques derives from their provision of a basis for comparing endogamy levels, since they produce consistent results for unaggregated data regardless of how minor or intermediate groups are combined. Such analyses are fundamental for gaining a more basic insight as to whether social and cultural factors, legal discrimination, or the basic structural elements of group size and sex ratio have greater influence on assimilation or the degree of closure in racial groups in the Americas.     

有罪答辩与量刑减让

在英美等国 ,对有罪答辩的量刑减让是一项总的法律原则 ,但有罪答辩与量刑减让之间并不存在必然的因果关系 ,对被告人的量刑减让以及减让的程度仍属于法官的一项自由裁量权。与此同时 ,从心理推导过程来看 ,被告人有罪答辩决定的作出 ,又在于对量刑减让的预期 ,这一决定的自愿性和正当性有赖于在量刑减让信息的传输和处理上的合理性。我国传统意义上的坦白不同于有罪答辩 ,对坦白者从宽并不具有正当性 ,即使未来的有罪答辩制度得以确立 ,其所产生的量刑减让效应也是受限的     

Explaining ethnic polarization over attitudes towards minority rights in Eastern Europe: A multilevel analysis

This paper examines divisions between majority and minority ethnic groups over attitudes towards minority rights in 13 East European societies. Using national sample surveys and multilevel models, we test the effectiveness of competing explanations of ethnic polarization in attitudes towards minority rights, as well as regional and cross-national differences in levels of polarization. We find that, at the individual level, indicators of ‘social distance’ (inter-marriage and social interaction) account most effectively for the extent of ethnic polarization. However, regional and cross-national variations in polarization between majority and minority groups are explained most effectively by cultural (linguistic and religious) differences. These findings accord with research in the West, indicating the importance of cultural differences as a source of ethnic polarization, while offering little support for theories focusing on economic and structural factors or the size of minority groups. They also suggest the likely sources of difficulties for democratic consolidation in ethnically divided post-communist societies.     

中国记忆与华裔的身份追寻— — 散居认同理论下的《喜福会》释读

中国故事在谭恩美的《喜福会》中扮演着特殊的角色,而以家族叙事为核心的故国书写不仅令家丑外扬,更是揭露了旧式中国的诸多弊端,这让作家备受指责.然而,依据霍尔的族裔散居认同理论,这些故国往事实为谭恩美对家族史的重构,即在对过去的重述中发现、定位个体当下的位置;但她的书写方式说明中国历史、传统文化在华裔族群中的断裂,其叙述亦为主流的权力话语所操控.华裔只能站在美国文化的立场之上“回看”中国,其文化认同受制于族裔历史、社会文化和权力等多重因素,呈现出开放、流变和不确定性等特点.因此,小说里的中国故事生动展现了华裔女性如何在断裂与延续、同一性(即所谓的“中国性”)与差异性之间协商与选择,以寻求文化身份的认同,从而解决其所面临的种族身份和社会身份间的冲突与割裂.     

“Value in diversity”: School racial and ethnic composition,teacher diversity,and school punishment

American schools have become increasingly punitive and characterized by racial and ethnic disparities in punishment outcomes. Scholarship on the causes and consequences of this shift has highlighted the potential salience of school context. The current study extends this work by exploring the potential effect of an underexplored factor, teacher diversity, on suspension disparities. To date, explorations of the role of teacher diversity have been limited to its impact on academic outcomes, teacher perceptions, and behavioral outcomes. The current study fills a void in the existing literature by examining (1) whether greater teacher diversity is associated with reductions in racial and ethnic suspension disparities and (2) whether greater teacher diversity interacts with the size of the racial and ethnic student population to influence suspension disparities. This study contributes to the existing literature by extending the “value in diversity” perspective to the school setting. Additionally, the findings suggest that racial and ethnic diversity in positions of authority in the school setting fosters a more equitable approach to the administration of student punishment.     

量刑实践中的被害人过错考察

被害人过错作为量刑情节在司法实践中的适用越来越多，不论从理论上还是实践上分析其都成为量刑辩护的重要理由，而且在部分案件中成为量刑的关键情节。但是，立法上并没有对被害人进行专门规定，在量刑中其一直作为酌定情节被加以适用，因此，赋予法官较大自由裁量权使得被害人过错在量刑实践中适用失衡，加之被害人过错在实际的运用过程中缺乏相应的程序保障，不能很好地维护被告人的利益。     

Re-examining the relationship between Latino immigration and racial/ethnic violence

Whether immigration increases crime has long been a source of political debate and scholarly interest. Despite widespread public opinion to the contrary, the weight of evidence suggests the most recent wave of U.S. immigration has not increased crime, and may have actually helped reduce criminal violence. However, with recent shifts in immigrant settlement patterns away from traditional receiving destinations, a series of contemporary studies suggests a more complicated immigration-crime relationship, whereby Latino immigration is said to increase violence in newer immigrant destinations (but not in established destinations) and has varied effects for different racial/ethnic groups. With few exceptions, these more recent studies rely on cross-sectional analyses, thus limiting their ability to examine the longitudinal nexus between Latino immigration and violent crime. This study brings to bear the first longitudinal data set to test the relationship between immigration and racial/ethnic homicide in U.S. metropolitan areas between 1990 and 2010. Results from bivariate longitudinal associations and multivariate fixed effects models are contrary to recent findings – Latino immigration is generally associated with decreases in homicide victimization for whites, blacks, and Hispanics in both established and non-established immigrant destinations, though these associations are not significant in all cases.     

Assessing the effect of social desirability on nativism attitude responses

Attempts to measure and analyze public opinion attitudes toward racial/ethnic minorities often confront the “social desirability” problem: those who have prejudiced attitudes are rarely willing to admit them to surveyors. Instead, they may be more likely to give a socially acceptable answer rather an accurate reflection of their views. Previous research has clearly established that this effect presents a challenge for accurately measuring self-reported racial and policy attitudes that primarily affect African–Americans. It is less clear, however, how it might affect self-reported responses to attitudes dealing with Latinos and immigration. This study thus seeks to analyze the extent to which social desirability may affect survey measures of perceived levels of cultural threat (nativism). Results from two separate analyses using the Crowne–Marlowe “social desirability scale” and a survey “list experiment” demonstrate that social desirability is indeed a concern for accurately measuring nativism in the American public, but that it exerts an opposite effect from what has previously been observed: nativist attitudes tend to be over-reported in opinion surveys.     

论刑法典的立法盈余及其完善

1997刑法典在坚持罪刑法定,强调法律文本的明确性的同时,对某些法律规范的规定,造成了立法上的多余,不仅给某些犯罪的定罪量刑带来不便,也不利于保护犯罪嫌疑人的合法权益,从而背离了其初衷,异化为妨害罪刑法定实现的事物。     

Resources,homophily, and dependence: Organizational attributes and asymmetric ties in human service networks

This paper examines the effects of organizational attributes on power/dependence relations in interorganizational dyads. Exchange and homophily theories are discussed as two alternative perspectives on the processes that give rise to such effects. The data pertain to interagency ties in three community-based networks of youth service agencies and are analyzed via a new strategy of linear modeling dyadic relations. The results of the analysis suggest that size, administrative position, and justice system connections condition the extent to which an agency initiates and receives ties of influence, assistance, and support. Moreover, these relations are more frequent between agencies with similar treatment ideologies and client racial makeup. Finally, size and justice system access are found to reduce agency dependence on a network's administrative core. In the course of the discussion, a number of related issues and findings are discussed.