弘扬法律的公平、公信精神:陪审制度之审视——兼论中外陪审制度的建构与实践

现代陪审制度是国家司法机关吸收普通公民参加审判活动的重要制度,是现代司法民主和公民权利的保障制度。其有效实施体现了人民主权,保证了公平正义,弘扬了法律的公平、公信精神。但由于法律文化传统的差异,不同时期不同国家其运行也会有很大差异。本文在考察域外英美陪审团制度经验的基础上,将我国人民陪审员制度与英美陪审团制度进行比较分析,揭示我国陪审制度存在的不足,结合《关于完善人民陪审员制度的决定》,就人民陪审员制度的重构进行反思。     

天师道“佐国扶命”政道观的特点和意义研究

南北朝时期,天师道提出了＂佐国扶命＂的政道观,形成了＂神圣即世俗,世俗即神圣＂的＂道俗合一＂政道价值取向,主张以＂尊王＂＂尊礼＂来解决天下＂长治久安＂与个人＂长生久视＂之间的紧张和冲突,承认王权在＂神圣＂和＂世俗＂两个领域中的至上性,这一主张适应了王权的政治和儒家的伦理道德要求,标志着道教从此摒弃了原始道教那种试图建立自己理想社会的政治主张,为天师道获得合法性社会地位及道教成为中国封建社会文化与政治正统开辟了道路,并为中国传统文化最终形成以君权至上为基础儒释道三足鼎立的社会文化模式奠定了基础。     

A Comparison of the Multicultural and Colorblind Perspectives on the Intergroup Attitudes of College Students

This investigation examined whether exposure to a multicultural or colorblind orientation influenced social tolerance in racially diverse students. Students were randomly assigned to a colorblind, multicultural, or control ideology. They completed group-specific measures and general measures of diversity. Results indicate that successful anti-bias interventions require focus on the particular level from which intergroup attitudes are being formed. Second, the effectiveness of these opposing theories is a factor of the history of within group socialization practices. Finally, widespread use of these prominent ideologies in different sectors of society poses a threat to social tolerance in more diverse group settings.     

Differences in Expert and Lay Judgments of Risk: Myth or Reality?

This article evaluates the nine empirical studies that have been conducted on expert versus lay judgments of risk. Contrary to received wisdom, this study finds that there is little empirical evidence for the propositions (1) that experts judge risk differently from members of the public or (2) that experts are more veridical in their risk assessments. Methodological weaknesses in the early research are documented, and it is shown that the results of more recent studies are confounded by social and demographic factors that have been found to correlate with judgments of risk. Using a task-analysis taxonomy, a template is provided for the documentation of future studies of expert-lay differences/similarities that will facilitate analytic comparison.     

Lay Assessors and Care Home Inspections: Is There a Future?

This paper reports on research funded by the Nuffield Foundationexploring the role of lay assessors in the care home inspectionprocess in England and Wales. Lay people have been includedin many care home inspections for the past decade. Similar layinvolvement is included in other public service inspectionssuch as the Office for Standards in Education (OFSTED) inspectionsof schools. The Board of the short-lived National Care StandardsCommission (NCSC) controversially decided to dispense with suchlay involvement in the inspection process. The replacement body,the Commission for Social Care Inspection (CSCI), intends toinclude lay people in the inspections of support services inthe community but is hesitating about reintroducing them intocare home inspections. This research project was able to explorethe role taken by lay assessors in thirteen inspections of carehomes for older people and for adults with learning disabilities.The research concluded that lay assessors had a significantrole in communicating with residents and staff and observingcare home life. Their role was particularly important, as inspectorswere often so involved in paperwork and checking policy compliancewith the national minimum standards that they were often ableto spend little, if any, time talking to residents or staff.It is argued that there is considerable potential for a strengthenedrole of lay people in the care home inspection process.     

Gendered Work Ideals in Swedish IT Firms: Valued and Not Valued Workers

The analysis in this article draws on interviews with managers and employees in the Swedish IT consultant sector, a sector characterized by widespread redundancies in the first three years of the 21^st century. The article suggests that the interviewees' distinction between and assessment of workers of value and workers without value to justify and explain these lay‐offs, are permeated by stereotyped images of gendered qualities and reflect a gendered work ideal. As the interviewees argued, not everybody had the necessary and valued competence of an ideal consultant and those who failed to fulfil the requirements of an ideal consultant were subsequently laid off. Since the behaviour, qualities, technical skills and knowledge considered necessary for the effective and competent performance of an ideal IT consultant are associated with hegemonic masculinity, male qualities and men's experiences, these arguments justify the exclusion of women from this occupation.     

A female lay perspective on the establishment of long-term sickness absence

In Sweden women account for about 60% of the long-term cases of sickness absence. The aim of this study was to describe women's explanations as to how long-term sickness absence arises and becomes permanent, with reference to their personal experience. Semi-structured interviews were performed with 82 middle-aged women who have personal experience of long-term sickness absence. Long-term sickness absence can be said to arise in three distinguishable "spaces": the work space, the medico-legal space and the mental space. In the beginning, the women were positive about sick-leave as such, which they saw as an opportunity for physical rest. But as time went on, they came to regard sick-leave as creating a vicious circle of new problems related to inactivity and isolation. Apart from this vicious circle and chronic physical impairments, certain conditions at the workplace, at the hospital and the social insurance office transformed seemingly trivial sick-leaves into long-term and irreversible sickness absences     

日本重建刑事陪审制度的启示

从20世纪末开始,日本通过司法改革重建刑事陪审制度。陪审团制度作为公民参与司法的一种途径,具有制度上的优势,日本为重建刑事陪审团制度做好了制度上的准备,虽存在一定障碍,但为保证陪审制度的成功实施提供了可能性。这一改革对中国的司法改革具有重要的启发意义。