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Procedural Transition in the Principle of the Best Interests of the Child in the Eyes of the European Court of Human Rights
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作者 贺万裕 《The Journal of Human Rights》 2023年第4期894-914,共21页
The principle of the best interests of the child,as a criterion for substantive review,is conceptually ambiguous and uncertain in its application.To mitigate this dilemma in the application of the principle of the bes... The principle of the best interests of the child,as a criterion for substantive review,is conceptually ambiguous and uncertain in its application.To mitigate this dilemma in the application of the principle of the best interests of the child,the European Court of Human Rights(ECHR)has made a procedural transition in the interpretation and application of this principle,shifting from conducting specific proportionality analysis or interests balancing in cases related to children to examining whether States Parties have applied the principle of the best interests of the child in their judicial procedures.Moreover,ECHR has developed three procedural review schemes:holistic reviews,key factors-based reviews and factor list-based reviews.Compared with substantive reviews,procedural reviews adhere to the ECHR doctrine of margin of appreciation,restrict the free discretion of the court,give play to the effect of procedural autonomy,and pursue the value of subjective procedural justice,which has its own unique theoretical value and practical significance,and provides a feasible reference for China to interpret and apply the principle of the best interests of the child. 展开更多
关键词 the principle of the best interests of the child semi-procedural review the doctrine of margin of appreciation the theory of procedural justice
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Organizational Justice and Gender Equity:The Contingent Effect of Islamic Work Ethics
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作者 Qaisar Iqbal 《Journal of Business Administration Research》 2021年第2期73-85,共13页
Organizations are facing challenges to cope with gender equity in the presence of a diverse workforce.The present study investigates the moderating impact of Islamic work ethics on the organizational justicegender equ... Organizations are facing challenges to cope with gender equity in the presence of a diverse workforce.The present study investigates the moderating impact of Islamic work ethics on the organizational justicegender equity relationship.Self-administered questionnaires were sent to employees working in a large private university in a State of Qatar.This study collected data from 250 employees with 66.12%response rate.The present study employed structural equation modelling to analyse data in SmartPLS 3.0 and SPSS version 24.Empirical findings revealed the significant relationship of distributive justice and interactional justice with gender equity.Procedural justice did not relate to gender equity.Furthermore,Islamic work ethics also moderated the relationship of interactional justice with gender equity.Limitations and implications have been added at the end of paper.This study is first in its nature revealing the conditional factor of Islamic work ethics on the organizational justicegender equity relationship. 展开更多
关键词 Islamic work ethics Distributive justice procedural justice Interactional justice Gender equality FAIRNESS EQUALITY Islamic country QUANTITATIVE
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Fairness in Climate Change Mitigation: The Case of Carbon Taxation
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作者 Bahareh Ghafouri 《American Journal of Climate Change》 2023年第4期548-578,共31页
Environmental economists have advocated carbon taxation for its efficiency and effectiveness in reducing Greenhouse Gas (GHG) emissions. Yet, whether the policy would be fair in any given context needs to be better re... Environmental economists have advocated carbon taxation for its efficiency and effectiveness in reducing Greenhouse Gas (GHG) emissions. Yet, whether the policy would be fair in any given context needs to be better realized. While the distributive effects of carbon taxation have been widely discussed, a more comprehensive understanding of tax fairness is lacking. This paper reviews the academic literature through the lens of three justice concepts -recognition, procedure, and distribution—to understand the implications of previous studies for fair carbon tax policy-making. Upon examining the relevant literature, the findings highlight the limited evidence concerning recognition and procedural justice in carbon taxation, particularly in developing country context. This calls for more assessments through these perspectives. It also emphasizes the importance of recognition for vulnerable groups, such as women, with an intersectionality approach;a fair policy process through information provision, inclusive representation, fair level playing field;and proportionate burden sharing through context-specific design elements such as targeted revenue use. 展开更多
关键词 Climate Change Carbon Tax Recognition justice procedural justice Distributive justice
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Defining Stress among Corrections Professionals
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作者 Jessica Ballin Meike Niederhausen +3 位作者 Kerry S. Kuehl Diane L. Elliot Wendy McGinnis Carol De Francesco 《Open Journal of Preventive Medicine》 2021年第6期237-250,共14页
Corrections professionals experience high levels of acute and chronic work-related stress. This stress leads to increased mental and physical illness, early disability and mortality, and increased healthcare costs. Re... Corrections professionals experience high levels of acute and chronic work-related stress. This stress leads to increased mental and physical illness, early disability and mortality, and increased healthcare costs. Reducing stress requires identifying and prioritizing factors that contribute to it. Corrections professionals (n = 296) working at six different Oregon Department of Corrections facilities completed a cross-sectional survey, including demographics, work history and validated stress and occupational constructs. The outcome of perceived stress was measured using the Perceived Stress Scale (PSS-4 Short Form). Using a linear mixed effects regression model, we found that perceived stress increases with increased work-related stress (p = 0.02), work hours (p = 0.03), operational stressors (p = 0.002), and lack of procedural injustice (p = 0.03) and decreases with more time employed at current facility (p = 0.06), improved job satisfaction (p < 0.001), and among married or partnered individuals (p = 0.05). Identifying these predictors of stress can inform the development of policy changes to mitigate the stress of this challenged work force. 展开更多
关键词 Perceived Stress Corrections Professionals Work-Related Stress Occupational Stressors procedural justice
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Neoproceduralism and Its Discontents in China
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作者 Xi Lin 《Fudan Journal of the Humanities and Social Sciences》 2021年第4期503-521,共19页
Neoproceduralism,a legal paradigm proposed by Weidong Ji,has stirred a debate on the emphasis of the due process of law and the limits of its implications for the programmes of legal reform in contemporary China.This ... Neoproceduralism,a legal paradigm proposed by Weidong Ji,has stirred a debate on the emphasis of the due process of law and the limits of its implications for the programmes of legal reform in contemporary China.This article aims to introduce the debate around Neoproceduralism and some of its major theoretical criticisms in Chinese legal scholarship,as commentators have criticised this paradigm on its newness,a utilitarian reading of legal processes,Westcentrism in its theoretical orientation,and the conflict between its stress on legal processes and Chinese legal-cultural traditions. 展开更多
关键词 Neoproceduralism DUE process of law Westcentrism procedural justice
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Standardization of the strategy translation process,procedural fairness in budgeting and firm performance
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作者 Wenxuan Duan Hezun Li +1 位作者 Jian Sun Guang Yang 《China Journal of Accounting Research》 2022年第3期157-174,共18页
This paper studies the effect of the standardization of the strategy translation process on procedural fairness in budgeting and firm performance.Analysis of250 valid questionnaires using a structural equation model s... This paper studies the effect of the standardization of the strategy translation process on procedural fairness in budgeting and firm performance.Analysis of250 valid questionnaires using a structural equation model shows that the strategy translation process(STP)affects firm performance not only directly but also indirectly,through budget participation and procedural fairness in budgeting.This study enriches the literature on the economic consequences of strategic performance measurement systems and expands research on procedural fairness in budgeting and the factors influencing firm performance.This study shows that the standard translation and implementation of strategy will decrease managers’bias in the target-setting process,thus increasing manager’s sense of fairness in the budget process and ultimately improving firm performance. 展开更多
关键词 Strategy translation process procedural justice in budgeting Budget participation Firm performance
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Report on a Research Experiment on the Independent Sentencing Procedure:A Sample from the Wuhu Model
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作者 陈卫东 程雷 Feng Shize 《Social Sciences in China》 2013年第2期48-67,共20页
The standardization of sentencing is an important issue in the Chinese reform of criminal justice and sentencing procedure. This study draws on the material obtained from a sentencing procedure pilot project and emplo... The standardization of sentencing is an important issue in the Chinese reform of criminal justice and sentencing procedure. This study draws on the material obtained from a sentencing procedure pilot project and employs typical experimental methodology to test the effect of implementing the independent sentencing procedure through overall and paired comparisons. The results show that independent sentencing is viable in that it can significantly improve the transparency of the sentencing process and increase the quantity and amount of sentencing information obtained and employed by judges. Although the degree of satisfaction of participants in the procedure is not as high as expected, the resultsin trials of the first instance appear to have greater legitimacy and justifiability. At the same time, the independent sentencing procedure also helps give substance to the function of the collegiate bench, and can thus be taken as an important entry point for deepening court reform. However, the findings of our study show that there was room for improvement in the role of lawyers in this experiment. 展开更多
关键词 procedural reform of criminal justice standardization of sentencing independentsentencing procedure relatively independent sentencing procedure
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