ISR 2011 - Punishment, justice, and compliance with mandatory IT usage
马修诉埃尔德雷奇案

马修诉埃尔德雷奇案公司内部档案编码:[OPPTR-OPPT28-OPPTL98-OPPNN08]08年司考教材中,第一卷法理学中提出了一个马修诉埃尔德里奇案,在法理学课本中很少有这个案例的介绍,下面为大家讲讲这个案例马休斯诉埃尔德里奇案(Matthews v. Eldridge)案情介绍1956年,美国修正的社会安全法(Social Security Act)规定了残疾扶助金计划,即工人在身负残疾而无法正常工作时,政府应当给予残疾扶助金。
埃尔德里奇(Eldridge)是一名身负残疾的工人,19688年6月,他第一次从州政府那里领取了残疾扶助金。
但是,到了1972年3月,他收到了州政府询问他治疗情形的书面问卷。
埃尔德里奇在其对州政府的答复中指出,他的病情并未改善,并同时报告了他接受治疗的情况,包括他的医生及其医生所采用的治疗方法,等等。
后来,州政府又向他的医生及精神顾问询问他的情况,并得到了相关的报告资料。
在考虑了这些报告及其他资料之后,州政府以书面的形式通知埃尔德里奇,其扶助金已于1972年5月终止给付,并同时说明了终止的原因,以及告知他可以要求合理的时间以获取并提出有关其病情的其他资料。
埃尔德里奇回信申诉了他的病情状况,指出州政府已经有足够的证据证明他仍然处于残疾状态。
然而州政府还是作出了自该年5月起埃尔德里奇已不再是残疾身份的最后决定。
这一决定为社会安全局(Social scurity Administration,SSA)所认可。
于是,该年7月,社会安全局通知埃尔德里奇其扶助金将终止,并告知埃尔德里奇可在6个月之内请求州政府审查这一决定。
埃尔德里奇并未请求州政府审查社会安全局的决定,反而质疑这一项行政程序的合宪性。
他要求立即召开听证会审理其残疾情形并恢复其权利。
健康教育部部长认为,埃尔德里奇残疾扶助金终止的决定乃是经过有效的行政规则和程序作出的,何况埃尔德里奇并未用尽现行的救济途径。
于是,埃尔德里奇便提起了诉讼。
LSnP 城门河皇者之战 2012 10K 女子组

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BM18 十公里女子成人組FA1742205盧秀萍Lo Sau Ping BM14 十公里女子青壯組FA2753157盧月芳LO YUET FON BM22 十公里女子壯年組社會福利署女子10K A隊BM18 十公里政府部門及非牟利機構隊際女子組FA1982460雷可欣Lui Ho Yan BM14 十公里女子青壯組FA0801249呂碧瑜Lui Pik Yu Prud BM18 十公里女子成人組FA2242689馬淑玉Ma Suk Yuk BM18 十公里女子成人組FA048776麥嘉寶MAK KA PO H BM22 十公里女子壯年組FA2853172麥嘉恩MAK KA YAN BM14 十公里女子青壯組FA1061543麥寶清MAK PO CHIN BM22 十公里女子壯年組FA1812258文佩英Man Pui Ying BM14 十公里女子青壯組FA1291717MCCORMACK BM18 十公里女子成人組FA1361750莫騏箕MOK KI KI WIN BM22 十公里女子壯年組FA2022486Mok Wah Shan BM22 十公里女子壯年組FA1481817MUANGCHAM BM14 十公里女子青壯組FA00487吳嘉敏ng ka man BM14 十公里女子青壯組FA011209吳麗儀NG LAI YEEBM26 十公里女子先進組FA1752210吳佩儀Ng Pui Yee BM14 十公里女子青壯組FA013212吳淑貞NG SHUK CHI BM22 十公里女子壯年組衛生署哈哈笑隊BM18 十公里政府部門及非牟利機構隊際女子組FA2442852吳淑嫻NG SHUK HANBM10 十公里女子青年組FA1992463吳順英NG SHUN YIN BM22 十公里女子壯年組FA2743156吳潤蓮NG YUEN LIN B M22 十公里女子壯年組社會福利署女子10K A隊BM18 十公里政府部門及非牟利機構隊際女子組FA3072901倪楚雲Ngai Chor Wan BM22 十公里女子壯年組FA2382796顏慧華NGAN WAI W BM22 十公里女子壯年組FA1672137畢嘉蕊PAT KA YUIBM14 十公里女子青壯組FA1461807鮑燕萊Pau Yin Loi BM14 十公里女子青壯組FA2863181何瑞貞PHYLLIS HO BM22 十公里女子壯年組FA1491831POON CHING B M02 十公里女子少年組FA040606劉淑娟queenie lau BM18 十公里女子成人組FA0671148SA RAH AHN BM18 十公里女子成人組FA2302736司徒曉暉Seto Hiu FaiBM18 十公里女子成人組FA018311李雪蓮SHIRLEY LEE BM26 十公里女子先進組FA016302STRAUB WIEBBM14 十公里女子青壯組FA2422843孫曉靜SUEN HIU CH BM02 十公里女子少年組FA2162656孫佩雯Suen Pui Man B M10 十公里女子青年組FA1792252許素心Susan Kho BM14 十公里女子青壯組FA1511865施曼娜SZE MAN NA BM18 十公里女子成人組FA0821294施天樂sze tin lok BM14 十公里女子青壯組FA2573029司徒可雯Sze To Ho Ma BM02 十公里女子少年組FA1932425施懷璧Sze Wai Bik BM18 十公里女子成人組FA0941390蘇潔心s人k廅己BM18 十公里女子成人組KCSG LADIES 2BM19 十公里公開隊際女子組FA2462863戴文盈TAI MAN YING BM14 十公里女子青壯組FA2893195戴美英Tai May Ying BM18 十公里女子成人組香港長跑網女子10K BM18 十公里政府部門及非牟利機構隊際女子組FA2923212譚好兒Tam Ho YeeBM22 十公里女子壯年組FA030505譚家嘉TAM KA KA BM14 十公里女子青壯組FA2492889譚嘉玲TAM KA LING B M10 十公里女子青年組FA031519譚嘉明Tam Ka Ming BM14 十公里女子青壯組FA2482886TAM MEE YEE BM22 十公里女子壯年組FA1431771譚雅文Tam Nga Man BM02 十公里女子少年組FA1581935譚綺文Tam Yee Man B M14 十公里女子青壯組FA034554鄧健思TANG KIN SZEBM18 十公里女子成人組FA021394鄧夢茵Tang Mong Ya BM18 十公里女子成人組FA1251680鄧笑芳tang siu fongBM14 十公里女子青壯組FA2072511鄧瑞萍TANG SUI PIN BM22 十公里女子壯年組FA050781韓慧泙TIKI HON BM22 十公里女子壯年組FA0581022涂啟霞TO KAI HA BM22 十公里女子壯年組FA2522915杜貝筠To Pui Kwan T BM14 十公里女子青壯組AXA Asia Team2BM20 十公里企業隊際女子組FA1521886湯惠文Tong Wai Man BM26 十公里女子先進組FA2062500唐婉雯Tong Yuen Ma BM14 十公里女子青壯組FA1872354Tsang Bo Ki BM18 十公里女子成人組FA2272713曾韻儀Tsang Wan Ye BM14 十公里女子青壯組FA2182664謝潔儀Tse Kit Yee BM18 十公里女子成人組FA1962437謝妙貞Tse Miu Ching BM22 十公里女子壯年組FA1952435謝妙珊Tse Miu Shan B M18 十公里女子成人組FA054877蔡巧明TSOI HAU MIN BM18 十公里女子成人組FA1732188徐文珊Tsui Man San BM14 十公里女子青壯組FA1281687黃水英Vong Soi Ieng BM22 十公里女子壯年組FA035565雲霞Wan Ha Celia B M18 十公里女子成人組FA2052492Wan Hoi Ying,BM22 十公里女子壯年組FA1591949黃潔玲WONG KIT LI BM18 十公里女子成人組FA0781246黃楚霞Wong Chor Ha BM22 十公里女子壯年組FA2012466王津雯WONG CHUN BM14 十公里女子青壯組FA0631113黃珍梅WONG CHUN BM22 十公里女子壯年組FA1571933黃鏗全WONG HANG B M14 十公里女子青壯組FA2733155黃嘉琪WONG KA KI BM18 十公里女子成人組社會福利署女子10K A隊BM18 十公里政府部門及非牟利機構隊際女子組FA0741225黃家儀Wong Ka Yee B M10 十公里女子青年組FA1922420黃嘉璐WONG KAR L BM14 十公里女子青壯組FA2653079王麗君Wong Lai Kwa BM18 十公里女子成人組翔羚會A BM19 十公里公開隊際女子組FA3013268黃麗儀WONG LAI YE BM22 十公里女子壯年組FA2963226黃美軒WONG MEI HI BM18 十公里女子成人組FA0681150黃納斯WONG NAP S BM10 十公里女子青年組FA0971416黃佩芬WONG PUI FA BM18 十公里女子成人組FA2583035黃瑞瓊Wong Shui Kin BM18 十公里女子成人組FA008199黃笑桂WONG SIU KWBM26 十公里女子先進組FA029499黃淑微WONG SUK M BM18 十公里女子成人組FA2002464王子珩WONG TSZ H B M02 十公里女子少年組FA1341739黃慧芝WONG WAI C BM18 十公里女子成人組FA1411763王慧玲WONG WAI LI BM18 十公里女子成人組FA303a3黃慧敏WONG WAI M BM10 十公里女子青年組FA0641119王綺敏WONG YEE M BM10 十公里女子青年組FA2933217黃月鳳Wong Yuet Fu BM22 十公里女子壯年組香港長跑網女子10K BM18 十公里政府部門及非牟利機構隊際女子組FA2813168胡璧彤WOO PIK TUN BM18 十公里女子成人組社會福利署女子10K B隊BM18 十公里政府部門及非牟利機構隊際女子組FA1141613胡井娟WU CHONG K BM22 十公里女子壯年組KCSG LADIES 2BM19 十公里公開隊際女子組FA1191654胡凱冬WU HOI TUNG BM10 十公里女子青年組FA1601975胡淑儀WU SHUK YE BM22 十公里女子壯年組FA2673082胡淑珍WU SUK CHU BM22 十公里女子壯年組翔羚會A BM19 十公里公開隊際女子組FA036571鄔瑜廉Wu Yu Lim Wi BM18 十公里女子成人組FA2172657丘思穎Yau Sze Wing BM18 十公里女子成人組FA053855楊彬彬YEUNG BUN B BM18 十公里女子成人組FA042670楊晶晶YEUNG CHINGBM18 十公里女子成人組FA038578楊美健Yeung Mei Kin BM22 十公里女子壯年組1519。
26334351_伟大的小人物:改写司法历史的吉迪恩

纵观美国最高法院的历史可以发现,最高法院与美国社会一直存在着良性互动,社会发展潮流潜移默化地影响着最高法院的判决;反之,最高法院的判决也在助推着整个社会的权利保障运动。
伟大的小人物:改写司法历史的吉迪恩律师是一种必需品,而不是奢侈品文 | 付杰 图 | 李唐2311—2. 吉迪恩。
3. 佛罗里达州巴拿马市,已经荒废的海港湾桌球室,当年吉迪恩曾在这里打球。
摇摆的审判 系列之二History历史WORLD VISION 2022.NO.4美国前司法部长罗伯特·肯尼迪(第35任美国总统约翰·肯尼迪的弟弟)曾这样说道:“如果一个身份卑微、名为克拉伦斯·厄尔·吉迪恩(Clarence Earl Gideon)的罪犯,没有坐在他的监狱单间里,用一支铅笔在一张纸上写了一封给最高法院的信,那么,美国庞大的法律机器会不受干扰地继续运转。
但是,吉迪恩的确写了那封信,而美国法律史的整个进程都为之改变。
”罗伯特·肯尼迪所说的克拉伦斯·厄尔·吉迪恩,也就是本文的主人公,是如何改变美国法律史进程的呢?这就要从一桩划时代案例——吉迪恩诉温赖特案讲起了。
一封来自监狱的信件1962年1月8日上午,美国联邦最高法院收到一封由佛罗里达州雷福德市第221号邮政信箱州立监狱第003826号囚犯吉迪恩寄来的特大号信件。
从信件中可以明显看出此人文化水平不高,他像个小学生般用监狱提供的铅笔和信纸模仿印刷字体,详细叙述了自己的案件经过,并请求最高法院复审该案。
吉迪恩到底是何许人也?毫无疑问,在该案发生之前,吉迪恩拥有一段“灰暗“的履历:多次入狱,大半生都在监狱中度过;有过4次重罪前科,每次都被判处监禁。
尽管当时刚年过50,脸上却早已布满皱纹,头发也已花白,形同枯朽老人,“任何一个初次见到他的人都可能把他当成世上最不幸的人”,可谓是一个典型的“失败的白人”。
根据吉迪恩信中所言,他在佛罗里达州巴拿马市被控非法侵入海港湾桌球室实施盗窃。
诉讼双雄 suits S1E7 人人双语字幕

诉讼双雄suits S1E7 人人双语字幕天呐对不起你没事吧Oh, god, I'm so sorry. Are you okay?就算你担心我会告诉别人你在法学院入学考试做过枪手也不用这样吧You know there are easier ways to kill me, if you're worried I'll rat you out for cheating on the LSATs.什么别这样瑞秋What? Come on, Rachel.不可理喻Unbelievable.瑞秋瑞秋别这样我给你买杯新的吧你是真打算去买还是打算去偷呢Rachel! Rachel, come on, let me buy you a fresh cup. Are you actually gonna buy it this time, or are you gonna steal it?首先我不偷东西我只是作弊二者截然不同而且我已经洗手不干了Okay, first of all, I don't steal, I cheat. There's a big difference. And I don't do it anymore.很有力的辩词对不起法官大人虽然我杀了她但我保证以后不这么做了Oh, great defense. I'm sorry, your honor, I know that I murdered her, but I promise I won't do it anymore.我知道你为什么生气但我还是觉得你对我的看法有点不公平Look, I understand why you're mad, but I still don't think you're being entirely fair.不公平吗不公平的是你屡次替考帮别人拿到资格证我却因为这个考试而当不成律师Not fair? What's not fair is that you repeatedly help people skirt a system that stands in the way of me becoming a lawyer.别一副正气凛然的样子你之所以能发现我替考还不是因为你自己想要作弊You know what? Why don't you give up the whole saint act, since the only reason you figured out I was cheating is 'cause you were thinkin' about cheating yourself.想要作弊和真的作弊是两码事别偷换概念Thinking about cheating and actually doing it are two very different things, Doctor Analogy.等等我是错过了什么天灾吗人都哪去了Whoa! Wait, did I miss an apocalypse? Where is everyone?对于你这种记忆力超群的人竟然能忘了这么重要的事情跟我来但是别跟我说话You know, for someone with a freak brain, you manage to forget everything important. Follow me, but don't talk to me.不错哈维布拉格酒店盈利不到三年首次公开募股就很成功谁说热情不是生产力Not bad, Harvey. The Prague hotel, in the black in less than three years, and a successful I.P.O. Who said passion wasn't productive?怎么可能有人那么想呢I don't know anyone that's ever said that.琼斯我有事问你你在12个国家有30家酒店但你上周却一直待在丹尼尔·维加的里斯本度假村怎么了就是去摸摸对手的底这可不止是去看看情况吧你在考虑并购Jones, tell me something. You have 30 hotels in 12 different countries, but you spent last week in daniel Vega's Lisbon Resort. What? Just, you know, checkin' out the competition. That was more than a fact-finding mission. You're thinking merger.你真的觉得我对你还会先斩后奏吗Do you honestly believe that I'd do that without talking to you first?我知道你会的I know you would.也许我已经这么干了Then perhaps I did.琼斯如果你想要并购你对于自己苦心经营的产业可能就没有那么多控制权了Jones, if you try to pursue a merger, you may not control what happens to your business that you built so passionately.好吧侦探先生你听我说合并后我们就在23个国家有100百家酒店我喜欢多几个地方落脚Okay, Sherlock, hear me out. Combined, we're 100 hotels in 23 countries.I like having multiple homes.但你不需要另一个人跟你一起还贷款But you don't need another name on the mortgage.这是桩不错的买卖It's a good deal.是啊而我的职责是帮你谈桩更好的买卖答应我先不要达成协议唐娜Yeah, and it's my job to get you a better one, okay? Promise me you didn't do a handshake deal. Donna!2011年模拟法庭现在开始Who's ready for mock trial 2011?就像假装的庭审吗我们接下来是不是要玩大富翁了What, like make-believe trials? We gonna play Monopoly after?这就像是你社交舞会的初次亮相你给合伙人的第一印象很重要This is your debutante ball. The impression you make on the partners will last.让我猜猜哈维当初...And let me guess, Harvey was--传奇人物啊Oh, legendary.太惊讶了Shocking.西德尼·汤普森曾是兰德斯全球联盟的顾问她喝得有点高决定用模仿她老板的方式来娱乐下她的朋友们她老板是莉娜·兰德斯这次模仿被拍了下来而且上传到了社交网站第二天她就被解雇了西德尼现在要起诉公司不正当解雇我们很期待看到你们在压力下的表现Sydney Thompson was a consultant with Lunders Global Initiative. She had a few too many, and decided to entertain her friends with an impersonation of her boss, Lena Lunders. This impersonation was recorded and uploaded onto a social networking site. The next day she was fired. Sydney is now suing for wrongful termination. We are looking to see how you do under pressure.这次你可没法作弊了Can't cheat your way out of this one.规则规定合伙人只能在紧急情况下使用助理律师游戏开始吧The partners have been instructed to only use the associates in emergency situations. Let the games begin.好啦叫到你名字时请上前来认识下你的对手All right. When your name is called, please step up and meet your match. 你是说我的跟班吧路易I think you mean my bitch, Louis.金·卡普兰我很高兴杰西卡终于挑了个有强势女角色的案子去年我不得不扮演个交警乔瑟琳·劳恩斯坦太浪费我的才能了Gene Kaplan. I'm glad Jessica finally chose a case with a strong female character. Last year I was forced to play a traffic cop. Jocelyn Lowenstein. It was a total waste of my talent.等等你扮演了证人吗Wait a minute, you play witnesses?我不是扮演我就是她的化身如果我跟你一队你赢定了Oh, I don't play anything. I embody. And if I'm on your team, you're a winner.-这样的话... -不行- Well, in that case-- - No.好吧Okay.迈克·罗斯Mike Ross.凯尔是原告律师罗斯是辩护律师Kyle for the plaintiff. Ross for the defendant.强者必胜May the best man win.顺便说下凯尔你是不是全国模拟法庭冠军来着Oh, by the way, Kyle, weren't you, uh, national mock trial champion?是啊路易从高中到大学再到法学院战无不胜That's right, Louis. In high school, college, and law school.我需要一个对所有维加的宾馆的评估我需要你去查下年收入固定资产价值I need an assessment of all of Vega's hotels, okay? I want you to checkannual earnings, property value.-你应该写下来-好的- There should be writing. - Yeah.这些听着不像是什么紧急情况This all doesn't sound like an emergency.模拟法庭... 好吧The mock trial-- Okay.我这就去干I'm on it.-对了哈维-我没有建议- Uh, listen, Harvey, about-- - I don't give advice.好吧求你了老师Okay, please, sensei?我不太清楚这个事情听我说避免庭审这是次模拟的庭审我觉得庭审的部分应该是必备的吧听着法律讲究的是控制而你对于陪审团法官证人和对方有自我情节的律师的控制是有限的I'm out of my league with this thing. Listen to me. Don't go to trial. It's a mock trial. I think the trial part is kind of a prerequisite. All right. Law is about control, okay? You can only control so much with a jury, judge, witnesses, and another lawyer with an ego complex.如果那律师没有自我情节呢What if the lawyer doesn't have an ego complex?每个律师都有自我情节公司准备的这个练习是有失败的可能的我的意思是尝试去创造一个根本不可能失败的环境Every lawyer has an ego complex. The firm has presented an exercise where there's potential for failure, okay? All I'm saying is try and create a situation where that's not even a possibility.小林丸Kobayashi Maru.星际迷航里星际学院的一项"考试"小... 什么东西Koba--what now?星际迷航科克舰长他修改了规章制度得以反败为胜Star Trek. Captain Kirk. He wins a no-win situation by rewriting the rules.原来你爱看《星际迷航》啊You're a trekkie.柯克船长是我的偶像没人能破坏他在我心中的形象Hey, captain Kirk is the man, Okay? I don't wanna hear another word about it.行了你那个模拟案子说够了我有正经案子要处理Now, enough with your fake law problem. Let's deal with my real one.是船长Aye, captain.你知道怎么做交叉询问吗有些人喜欢说大话有些人爱打同情牌但就我个人而言我更倾向于刨根问底You wanna know how to do a cross? Some people like to use big words. Some people like to go for sympathy. But personally, I'm a little more go for the groin.迈克先让你的小帮派解散吧我有些话要对你说凯尔Hey, Mike. You mind dismissing the peanut gallery so we can talk, Kyle?抱歉各位看样子罗斯来求饶了如果你是想来和我交换人证物证的话那就免了我已经知道你的人证是谁还有你会用到哪些物证I'm sorry, guys. Looks like Ross here came to plead for mercy. If you're here for the witness/exhibit exchange. Don't bother. I already know who you're gonna call and what evidence you're gonna use.其实我不打算让任何证人出庭也不想提交任何物证我们和解吧Actually, I'm not gonna call any witnesses or present any evidence. Let's settle.我赢定了证据已经显示原告对我的委托人作出了一系列的诋毁性供述Or I can beat you. The plaintiff has shown a pattern of making derogatory statements about my client.-道听途说-这都在邮件里写着呢- Hearsay. - Not the emails.在邮件里就说明不是亲耳听到的还会造成理解障碍所以你的论据是站不住脚的Which have no tone of voice and are subject to interpretation. Which isexactly why your argument is shaky at best.-那就打赢我吧-凯尔- Then beat me in court. - Kyle.哈维选我当他的助理是有原因的想知道为什么吗There's a reason that Harvey chose me to be his guy. Do you really wanna find out what that reason is?我怎么知道你不是在耍花招呢And how do I know this isn't some sort of trick?这不是花招这是我们大显身手的机会听着如果和解的话我们5分钟就能结案如果你撤诉我们就可以利用剩下的时间给合伙人们留下个深刻的印象这时其他人还沉浸在模拟法庭的美梦里呢It's not a trick. This is our chance to stand out. Look, settling gets us in and out of there in five minutes. You drop the suit, and you and I spend the rest of the week making ourselves indispensable to the partners while everyone else buries their heads in candyland court.那我就违背自己的判断相信你一回I'm going against my better judgment and trusting you.那就这么说定了So we have a deal.丹尼尔企划书写得不错啊除了你俩不准备请律师Daniel, paperwork looks good, despite the fact that you two decided to go lawyer commando.细节决定成败啊哈维我知道你仓促行事不是你的风格但现在时机到了The devil's always in the details. Harvey, I know that impulse purchases don't exist in your world, but the timing was right.说道细节还是交给我的个人律师斯科特吧And as for the details, I'd like to leave that to my man Scott.他做事总喜欢迟到吗Does he always like to be late?是"她"刚从伦敦飞过来She. Just got off a plane from London.来见一下达娜·斯科特Meet Ms. Dana Scott.欢迎Welcome.-你好谢谢-斯科特- Hi. Thank you. - Scottie.-哈维-你们原来认识啊- Harvey. - Oh, you two know each other!我们在哈佛法学院时是同学哈维当时是班上第五名而我是我忘了我是第几来着We went to harvard law together. Harvey was fifth in the class, and I was-- Oh, I forget. What was it?你那时嫁给了图书馆吧Married to the library?没错我是第一名That's right. Number one.学习方面你确实是第一Number one at studying.好了这边请Okay, this way.告诉我斯科特当我们真正对峙公堂时我对你的胜率是多少Tell me, Scottie, What's my success rate against you in the real world where we practice real law?哈维在并购案里不存在谁赢谁输皆大欢喜Harvey, there should be no winners or losers in a merger. Just a happy new couple.3比0 胜负一目了然that's right, 3 and 0.我们还是让他们谈谈公事Well, I say we let these two talk deal points我也去尝一尝你酒店主厨的拿手海鲈While I try your chef's famous sea bass.必须的友谊第一我们喜欢对方但显然你们两个不是Absolutely. Play nice. We like each other, even if you two don't.嫁给了图书馆"Married to the library"?又不是我的错图书馆都是你能找到最好的了It's not my fault that the library was the best you could do.看过初步企划书了吗Do you have the preliminary proposal?没呢我刚从伦敦飞过来毫无准备No, I just flew in from London completely unprepared.别被吓到我的措辞颇为耸听Try not to be intimidated. I use some big words."过度补偿"可不算什么豪言Overcompensation isn't that big of a word.不算吗It isn't?我很想见识下高级合伙人的水平I can hardly wait to see the work of a senior partner.看来我升职一事已经出现在你的哈维·斯佩克特谷歌快讯上啊I see my promotion popped up on your Harvey Specter google alert. 出现在我脑海里的可不止这一件事That's not all that's going to pop up.不记得我们上次上床是什么时候了Can't remember the last time we had a bed.合作酒店并购案这绝对是近水楼台Pretty convenient that we're working on a hotel merger.还记得那个采矿案吗Remember the mining deal?矿井27号案子吗我怎么忘得了Shaft 27? How could I forget?听着关于尽职审查Listen, about the due diligence--哈维你知道规矩的在完事前别跟我谈案子的事Ah, harvey. You know the rules. No case negotiations till we're done.我想那得有一会了I think that might be a while.忍不住想看我的精彩表现吧实际上我必须出席我扮演原告之一Couldn't resist seeing brilliance in action, huh? Actually, I have to be here. I'm playing the part of the plaintiff.我知道你很生气但没想到你这么小心眼Wow. I knew you were pissed, but I didn't realize you were petty.-什么意思-是个形容词- What does that mean? - It's an adjective.意思是心胸狭隘又恶毒你居然帮我的对手It means small-minded and spiteful. You chose to work with the one guy who's going against me.凯尔征求我意见我同意了Kyle asked me, and I said yes.算了无所谓反正你也没机会出庭作证You know what? It doesn't really matter,'cause you're never gonna take the stand.是吗为什么Really? How's that?等着瞧吧准备期待模拟审判传奇的诞生吧It's a surprise. But prepare to watch a mock trial legend be born.律师们都准备好各自的开场陈述了吗Is counsel ready to proceed with opening statements?我们打算提交一份调解协议We'd like to submit a settlement agreement--原告准备就绪法官大人The plaintiff is ready, your honor.到底谁说了算律师Which is it, counselor?原告律师和我昨天达成调解共识The counsel for the plaintiff and I agreed to a settlement yesterday.他肯定是误会了我们是讨论过但并没达成共识He must've misunderstood. We had discussed, but I never agreed to anything.你们签了协议吗Do you have a signed agreement?没有No.那我们准备开始模拟审判吧由你先开始Then we are ready to proceed. You have the floor.谢谢2010年3月31日西德尼·汤普森对于自己电话被录音一事毫不知情她开了个玩笑那个玩笑我确定在此法庭的每个人都曾开过这样的玩笑Thank you. On march 31, 2010, Sydney Thompson was unwittingly recorded on a cell phone. She made a joke, the type of joke That I'm sure every person in this courtroom has made at one point or another...罗斯先生你准备好了吗Mr. Ross! Are you ready?被告方根据波马斯特状告怀特里一案的结果如果一方当事人突然得知和解被拒那么法庭必须给出适当时间给其做好庭审准备Um, the, uh, the defense... According to Bowmaster V. Whitely, if the party to a settlement is surprised by the repudiation of the settlement, then the court must provide a reasonable amount of time to prepare for the trial.-适当时间-是的法官阁下- Reasonable time. - Yes, your honor.给你五分钟You get five minutes.维加有更多财产Vega has more property.迪贝克更有潜力Debeque has more potential.潜力很难用金钱来衡量Which is harder to monetarily define.这不是图书馆斯科特我的人是处在上升期的新人This isn't a library, Scottie. My guy's an up-and-comer.所以你的人才会想搞突袭That's why your guy's pouncing.你的委托人是位冲动型购物者Your client is an impulse shopper,这使他很快成功which is what may have made him a quick success,但也会让他更快成为失败者but it could make him an even faster failure.他是个充满激情的人他爱上一座城市就在那里给自己建一座酒店你凭什么对他的业绩提出质疑呢So he's a passionate guy. He falls in love with a city, and he builds himself a hotel. Who are you to argue with his track record?我是现实主义者我从没见过哪个协议完成地如此之快I'm a realist, and I have never seen a deal pushed through so quickly.所以So what?所以也许你的人明天早晨醒来决定他不想要这样这就是为什么在没有签好协议前我不会给你看我们的条件So your guy might wake up tomorrow and decide that he doesn't wanna do this, which is why I'm not showing you our private books without a signed deal.-是开玩笑吗-我在笑吗- Is that a joke? - Am I laughing?也许在收购计划培训时我没那么清醒Look, I may not have been awake during our M&A clinic--除了你抄我笔记的时候Except for when you were copying my notes.根本没用你写字速度像超人Which was no walk in the park. You wrote like a monkey.不管怎样尽职审查是必须的But in any case, due diligence is a requirement.我对我的委托人有义务I have an obligation to my client.那我们没法达成协议了所有人都会知道是你毁了这协议Then we don't have a deal. And everyone's gonna know it's because you killed it.你知道我没看到你急着给我们看条件You know... I don't see you rushing to show us your private books.我没什么好隐瞒的I have nothing to hide.你现在完全可以看我们的条件You can have full access to our books right now.很好你给我看你们的Great. You show me yours,我给你看我们的and I'll show you mine.别说出来哈维Don't say it, Harvey.迈克Mike.-你没事吧-现在你关心我了- Hey, are you okay? - Now you care?罗斯先生我要警告你不能和我的当事人说话Mr. Ross, I'm gonna have to ask you not to speak to my client.她不是你的当事人她是律师助理瑞秋而我只有五分钟所以你应该赶紧从我面前滚开She's not your client. She is Rachel the paralegal. And I only have five minutes, so you should really get out of my face.你有什么问题吗迈克What's your problem, Mike?我的问题是你没胆量来一场公平的比赛凯尔My problem is that you don't have the balls to make this a fair fight, Kyle.律师这行就没有公平竞争之说还有你最好注意你不切实际的指控否则我要告你诽谤Lawyering isn't about fighting fair, and you'd better watch your false accusations, or I might just sue you for defamation.跟我来Come on.被告方想要反诉The defendant wishes to countersue.理由呢On what grounds?我觉得那是我该说的话律师I believe that's my line, counselor.毁损名誉原告的录像给莉娜·兰德斯带来了极其负面的影响也严重减损了其财政收入Defamation of character. The plaintiff's video negatively impacted the perception of Lena Lunders and impaired her financial well-being.那太荒唐了法官阁下That's ridiculous, your honor.为了诽谤中伤我的当事人证据录像可能是伪造出来的In order for there to be defamation, the statements made would've been false.这和本案无关That's not the case here.那么你应该可以在法庭上给出相应的证明Then you should have no problem proving that in court.反诉成立The countersuit is allowed.你是认真的Are you serious?你是不是想要到法官席前看看我到底有多认真Would you like to approach the bench and find out how serious I am?法官阁下被告方应该在开庭前上交反诉材料Your honor, the defense should've filed counterclaims before the trial began.是的应该是这样但是这么多同事中没有人能够预见此事我们起草了完整的附录就是因为我们假设你们其中会有人这么做所以我同意反诉你对此有意见吗Yes, he should have. But no one in this crop of associates had the foresight to do so. And we drafted a whole addendum just because we assumed one of you would. So I'm going to allow it. Do you have a problem with that?没有法官阁下No, your honor.现在是诽谤罪案件准备时间到周五反应不错用直觉思考要不是你太天真也不用如此了This is now a defamation trial. You have until Friday to prepare. Nice recovery. Thinking on your feet. But you wouldn't have had to if you hadn't been so naive.谢谢法官阁下Thank you, your honor.谈判怎么样How'd the negotiation go?你赢了You come out on top?为什么你没告诉我斯科特是辩方律师Why didn't you tell me Scottie was opposing counsel?因为我不想你怯场在案件上她很强势Because I didn't want you to have performance anxiety. About the case. She's tough.-你太无聊了-你大门没关- You're obvious. - And your fly's unzipped.-没有-之前是的- No, it isn't. - But it was earlier today.你还能做得更好的You can do better.斯科特在床上这么说的吗Ooh, is that what Scottie said?把重要条件打出来Type up the deal points.她让步了迪贝克可以主导大局了我要做的就是给她看了我们的计划I got her to cave. Debeque's gonna run the show. All I had to do was show her our books.我真不敢相信I can't believe it.你给我的貌似是没人给得出的最坏的建议You gave me, like, the worst advice anyone's ever given another person.戏就演到这儿吧朱丽叶Take the drama down a notch, Juliet.我试着去和解了但是我完全被暗算了I tried to settle, and I got completely blindsided.我让你和解但是我没让你变蠢你觉得现实世界里会发生什么你要未雨绸缪I told you to settle. I didn't tell you to be stupid. What do you think's gonna happen in the real world? You have to be prepared for anything.在现实世界里我不用去找一个假证人来参加我的假审判Well, in the real world, I won't have to be looking for someone to play my fake witness in my fake trial.等等下你想什么呢你以为证人自己跳出来然后作证吗因为他们不会有时你有证人他们也会消失或撤回Wait, wait, wait. What do you think? Do you think witnesses are just gonna jump up and present themselves? 'Cause they're not. And sometimes when you have one, they disappear or recant.你知道你要做什么吗解决好模拟审判旨在明确你想要成为哪类律师只有两类赢家或败者And you know what you do? You deal with it. Mock trial is about figuring out what type of lawyer you wanna be, and there's only two types-- winners and losers.听起来不错哈维但是我没准备我没找到任何人扮演我的委托人或证人而且很明显我要面对的是我不信任的人That sounds great, Harvey, but I haven't prepared. I don't have anyone toplay my client or my witness, and apparently I'm going up against someone that I can't trust.不管怎样想办法打败他对方遵守了规则时胜者不会去找借口Figure out a way to beat him anyway. Winners don't make excuses when the other side plays the game.唐娜我校对了酒店合并的最终协议问个问题哈维会不会用拼写检查啊Hey, Donna, I proofed that final agreement on the hotel merger. Quick question -- has Harvey ever heard of spell-check?我的天Oh, my god.-对不起-你...- Sorry. - Are you--没事没事不要紧的给你No, no, no. It's okay. Here.没事没事你不用说话No, no, no. You don't have to talk.嘘嘘没事了Shh, shh, shh. It's okay.没事的他有时说的话确实...确实很伤人他对我也那样我懂的你就...It's okay. He says things sometimes, and they--and they cut to the bone. He does it to me too. I know, so...不赖吧我还能像黛咪·摩尔那样单眼流泪左右眼都可以凡是为了剧情需要怎么都行It's not bad, right? I can also do the Demi Moore single tear-- left eye or right eye-- if that's better for the character.好吧你吓到我了怎么回事啊Okay, I'm scared. What's going on?你要我为你扮演莉娜·兰德斯我得能调动我的全部感情啊If I'm gonna play Lena Lunders for you, I need to be able to use my full range of emotions.我的天爱死你了Oh, my god. I love you.是啊我知道Yeah, I know.精神集中你还需要一个证人到了这时候公司里其他的人都被预定了Focus. You need another witness, and at this point, everybody else in the firm is booked up.来找妈妈给你擦屁股了罗斯Aw! Is mommy helping you clean up your mess, Ross?你说谁是妈呢Am I mommy in this scenario?什么What? Uh...我是说罗斯是个...小屁孩Ross is just... a baby.我的天Oh, my god.-真不敢相信我要输给那个二货-得了- I cannot believe I'm gonna lose to that tool. - Okay, come on.少卖可怜了去外面再找个证人来被告的朋友你得找个漂亮的有同情心的最重要的是愿意为你两肋插刀No pity parties. Go to an outside source for the other witness. For the best friend you need somebody pretty, sympathetic, and most importantly, willing to go above and beyond for you.你来干嘛What are you doing here?珍妮别这样我需要你的帮助我没别处可去了Jenny, come on, I need your help. Got nowhere else to go.你吼我吻我推开我然后消失You yelled at me. Kissed me. Pushed me away. Disappeared.我们很久没说话了I haven't talked to you in forever.我都不知道你最近在干嘛I don't even know what's going on in your life.你要是放我进去我就说给你听我保证这故事很精彩Well, if you let me in, I'll explain, and I promise it's a really good story.就是说你一直生活在谎言当中So you've been living a lie this whole time.对Yeah.太帅了That's awesome.-真的吗-对啊- Really? - Yeah!我是说就双重生活而言你大概比不过克拉克·肯特但也不错了I mean, as far as double lives go, you're maybe not as cool as Clark Kent, but still.克拉克·肯特把内裤穿在外面就成了超人克拉克·肯特Clark Kent?行了你不能再吃了Okay, you're cut off.-怎么了-没事- What? - Nothing.能告诉你感觉真好我都找不到倾诉对象It just feels really good to tell you. I don't really have anybody I can talk to about it.你信任我嘛You trust me.是啊我想是吧Yeah. I guess I do.那样真好I like that.不过这个更好Ooh, but I really like this.不得不说哈维你虽然不能跟一个女人长相厮守却在这房子里住了很久Gotta hand it to you, Harvey. You may not be able to commit to a woman, but you have been in this place a very long time.-它懂我-又没什么需求- She gets me. - And has no needs.我想你不知道这里的维护费多高吧I don't think you understand how high maintenance this place is.他同意了你的全部条件虽然我抗议说他本可拿到更多He agreed to all your terms... despite my protest that he could do better.-那我们完成任务了-就差几个签名了- So we're done. - Minus a few signatures.-那就是没完成-要我走吗- That's not done. - Want me to leave?陪审团各位成员请注意...Ladies and gentlemen of the jury, please note--能问个问题吗Can I ask a question?不作为证人你不能提问不要提问No, you can't ask questions as a witness. Don't ask questions.-陪审团各位成员... -好吧我懂了- Ladies and gentlemen, please-- - Yeah, okay, I know that.可你在干嘛啊But, um, what are you doing?-什么意思-你走来走去一副不可一世的样子- What do you mean? - You're walking around like you have a giant stick up your ass.珍妮这是庭审我得表现得强势一点It's a trial, Jenny. I have to be powerful.-可那不是你的本性-多谢夸奖- But that's not you. - Thanks.我是说你很有魅力又幽默值得信任那才是你的强项No, you are charming, and funny, and trustworthy. That's your power.我想混进法学院入学考试时那是优点但这是法庭啊And that's great when I'm trying to con my way into the LSATs, but this is a courtroom.-在这儿不顶用的-可你的本性没变- It's useless there. - But it's still you.那要怎样So?深吸一口气Take a deep breath.好吧Okay.跟我聊聊问我在哪上班Just talk to me. Ask me where do I work.-你在哪上班-兰德斯全球联盟- Where do you work? - Lunders Global Initiative.问我怎么认识西德尼的Ask me how I know Sydney.你怎么认识西德尼的How do you know Sydney?她曾是我的朋友自从她走之后我一直很想她She was my friend. And I've missed her every day that she's been gone.你们为什么断交了And why aren't you friends anymore?我不知道I don't know.如果你庭审这样表现他们会爱上你的If you do it like that... they'll fall in love with you.你能把这件脱下来吗脱掉Would you take this off? Take it off.。
美国文学作家及作品汇总

6、WilliamCullenBryant威廉·柯伦·布莱恩特1794-1878
ThePoems1821> <1932诗选:ToaWaterfowl致水鸟-----英语中最完美的短诗> <Thanatopsis死亡随想---受墓园派影响> <TheWhitefootedDeer白蹄鹿> <AForestHymn森林赋> <TheFloodofYears似水流年
23、HenryJames享利·詹姆斯1843-1916
小说:DaisyMiller苔瑟·米乐> <ThePortraitofaLady贵妇人画像> <TheBostonians波士顿人> <TheRealThingandOtherTales真货色及其他故事> <TheWingsoftheDove鸽翼> <TheAmbassadors大使> <TheGoldenBowl金碗
10、HenryDavidThreau亨利·大卫·梭罗1817-1862
Wadden,orLifeintheWoods华腾湖或林中生活> <ResistancetoCivilGovernment> <CivilDisobedience抵制公民政府> <AWeekontheConcordandMerrimackRivers
美国陪审团的一致裁决原则

美国陪审团的一致裁决原则:历史与当下关键词: 美国,陪审团,一致裁决原则内容提要: 陪审团的一致裁决原则起源于14世纪的英国,作为一项普通法的传统,它在美国确立后经历了一个联邦强制适用与各州选择适用并存这一局面被明确和强化的过程。
虽然饱受质疑,但是从一致裁决原则对陪审团司法工具价值和政治民主价值的发挥及对审判成本控制的影响这三个角度出发综合考虑,其在一定时间内还将继续存在下去。
“你为什么会认为他无罪?”“虽然你们11个都认为他有罪,但我想先和你们好好谈谈,否则我很难说服自己举手认同你们的观点,送这个男孩去死。
”[1]作为美国司法体系的核心组成部分,陪审团制度曾为其赢得了广泛的赞[2]。
陪审团审理案件时,在就相关情况进行充分的“秘密评议”[3]后,无论要做出有罪还是无罪裁决,均需首先在其内部达成一致意见,否则会导致无效审判(mistrial)的出现(此时陪审团相应地被称作“悬置陪审团”(hung ju-ry)—这就是美国陪审团的一致裁决原则[4]。
这项原则起源于英国,作为普通法的传统为美国所接受后,长期以来被视为一项“神圣不可侵犯的”[5]、“统治性的规则”[6],并作为陪审团制度的“基石”[7]、裁决规则的“底线”[8]在美国联邦法院系统和州法院系统被严格遵行。
然而,随着一系列具有争议的陪审团裁决的出现[9],美国民众对陪审团审判“不准确、不公正”的印象日益滋生,对其进行根本性改革的呼声也越来越高[10]。
在这种整体性的不满之中,指向一致裁决原则的自然也占有相当大的比重。
有学者认为这是一个“过时的传统”[11],甚至认为它所带来的危害正是现在陪审团面临的“最严重的问题之一”[12]。
与民众的呼声和学界的议论相伴,在司法实践中,这一原则也已有所松动。
虽然在联邦层面,依然继续严格要求使用一致裁决,但是在各州,情况则发生了变化。
就刑事案件而言,路易斯安那州和俄勒冈州已经在州宪法中明确规定,除死刑案件外,其他案件允许非一致裁决。
英语作文惩罚犯罪
When discussing the punishment of crimes in an English essay,it is essential to approach the topic with a balanced and thoughtful perspective.Here are some key points to consider when writing about this subject:1.Introduction to the Topic:Begin by introducing the importance of the criminal justice system and the role of punishment in maintaining social order.2.Types of Punishment:Discuss the various forms of punishment that exist,such as imprisonment,fines,community service,probation,and the death penalty.Explain the purpose of each type and the crimes they are typically associated with.3.Deterrence Theory:Explore the concept of deterrence,which suggests that punishment should be severe enough to discourage others from committing similar crimes.Discuss the effectiveness and ethical considerations of this approach.4.Rehabilitation vs.Retribution:Compare the two main philosophies behind punishment: rehabilitation,which aims to reform the offender and reintegrate them into society,and retribution,which focuses on the moral need to punish wrongdoing.5.Proportional Punishment:Argue for the principle of proportionality,where the severity of the punishment should match the severity of the crime.Discuss cases where this principle may be violated and the potential consequences.6.Restorative Justice:Introduce the concept of restorative justice,which involves the offender making amends to the victim and the community.Discuss its benefits and challenges.7.Alternatives to Incarceration:Discuss alternatives to traditional punishment,such as electronic monitoring,house arrest,and drug courts,which may be more effective for certain types of offenders and crimes.8.The Role of the Victim:Consider the victims perspective and the importance of their input in the punishment process.Discuss victim impact statements and the concept of victim compensation.9.Cultural and Societal Factors:Examine how cultural and societal attitudes towards crime and punishment can vary and influence the types of punishments that are deemed acceptable or effective.10.The Impact of Punishment on Offenders:Discuss the potential longterm effects ofpunishment on the individual,including the impact on their mental health,relationships, and ability to reintegrate into society.11.Case Studies:Use specific examples or case studies to illustrate the points made in the essay.This could include highprofile cases or lesserknown instances that highlight the complexities of punishment.12.Conclusion:Summarize the main arguments presented in the essay and offer a balanced conclusion that reflects on the necessity of a fair and effective punishment system that considers both the needs of society and the rights of the offender.13.Recommendations for Reform:If appropriate,suggest areas where the current system could be improved,such as reducing recidivism rates,addressing racial disparities in sentencing,or implementing more comprehensive rehabilitation programs. Remember to support your arguments with evidence from credible sources,such as academic research,legal documents,or expert opinions.This will lend credibility to your essay and help to persuade your reader of the validity of your points.。
和谐社会英语作文
A harmonious society is a concept that has been widely discussed and pursued in modern times.It refers to a society where all aspects are in balance and people live in peace and happiness.Here are some key elements that contribute to building a harmonious society:1.Social Justice:A fair and just legal system is fundamental to a harmonious society.It ensures that everyone is treated equally under the law and that their rights are protected.2.Economic Stability:A stable economy is crucial for the wellbeing of the citizens.It provides job opportunities,reduces poverty,and ensures a decent standard of living for all.cational Opportunities:Access to quality education is a cornerstone of a harmonious society.It empowers individuals,reduces inequality,and fosters a culture of lifelong learning.4.Healthcare Access:Universal healthcare ensures that everyone has access to medical services regardless of their economic status,contributing to a healthier and more productive society.5.Environmental Sustainability:A harmonious society is mindful of its environmental impact.Sustainable practices in energy use,waste management,and conservation are essential for the longterm health of the planet and its inhabitants.6.Cultural Diversity:Embracing cultural diversity and promoting tolerance and understanding among different ethnic and cultural groups can lead to a more inclusive and harmonious society.munity Engagement:Active participation in community activities helps to build social bonds and a sense of belonging,which are vital for social cohesion.8.Political Transparency:Transparent governance and political systems that are accountable to the people foster trust and confidence in the institutions that govern a society.9.Safety and Security:Ensuring public safety and security is a prerequisite for a harmonious society.This includes measures to prevent crime and provide for the safety of all citizens.10.Innovation and Technology:Encouraging innovation and the use of technology candrive economic growth and improve the quality of life for citizens.In conclusion,a harmonious society is one where all members feel valued,safe,and have the opportunity to contribute to and benefit from the collective wellbeing.It is a society that is built on the principles of fairness,equality,and mutual respect.。
行政机关公务员处分条例(英文版)
Decree of the State Council [2007] No.495April 22nd, 2007 The Ordinance for Civil Servants Working in Administrative Organs has been passed by the 173th executive meeting of the State Council on April 4th, 2007, and is hereby released. It will take effect as of June 1st, 2007.Premier Wen Jiabao Annex: Punishment Ordinance for Civil Servants Working in Administrative OrgansChapter I General PrincipalsArticle 1 In order to solemnize the disciplines of administrative organs, standardize the behaviors of civil servants working in administrative organs, and guarantee the administrative organs and civil servants to perform their duties according to law, this ordinance is formulated in accordance with the Civil Servant Law of the People’s Republic of China and the Administrative Supervision Law of the People's Republic of China.Article 2Civil servants of the administrative organs shall be given sanctions in accordance with this ordinance if they are in violation of laws and regulations and decisions and orders made by the administrative organs and liable for discipline.Laws and other administrative regulations as well as decisions made by the State Council shall be implemented if they have specific regulations on sanctions to civil servants of the administrative organs; regulations on the relevant extents of sanction in the most similar articles in Chapter III of this ordinance is applicable, in the event that laws and other administrative regulations as well as decisions made by the State Council have specificregulations on the due sanctions for legal and disciplinary offences by civil servants of the administrative organs but do not specify the extents of the sanctions. Local regulations, departmental rules, and rules of local governments may make supplementary provisions for the illegal and undisciplined behaviors for which sanctions shall be made and the corresponding extents of the sanctions, which are not specified in Chapter III in this ordinance.Departments of the State Council, except the supervisory organ and the staff department under the State Council shall collaborate with the supervisory organ and the staff department in the formulation of sanction regulations.The administrative organs shall not formulate sanction items of civil servants of the administrative organs in other forms except laws, regulations and decisions made by the State Council.Article 3 Acts related to the execution of duty according to law by civil servants of the administrative organs shall be protected by law, and not be subject to sanctions if not in statutory circumstances and under legal procedures.Article 4 Giving sanctions to civil servants of the administrative organs shall be based on the principle of adhering to justice and fairness and combining education and punishment.Giving sanctions to civil servants of the administrative organs shall be appropriate to the nature, situation, and extent of harm of their illegal and undisciplined behaviors.Giving sanctions to civil servants of the administrative organs shall be based on clear facts, irrefutable evidences, accurate orientation, appropriate treatment, legitimate procedures, and complete legal formalities.Article 5Illegal and undisciplined behaviors involving crimes by civil servants of the administrative organs shall be transferred to judicial organs to be investigated for criminal responsibility according to law.Chapter II Types and Application of SanctionArticle 6 Sanction of civil servants of administrative organs can be classified into:(1) Warning;(2) Demerit;(3) Major demerit;(4) Demotion;(5) Dismissal from post;(6) Expelling from employment.Article 7 Periods of sanction of civil servants of administrative organs are:(1) Warning, six months;(2) Demerit, 12 months;(3) Major demerit, 18 months;(4) Demotion and dismissal, 24 months.Article 8 Civil servants of the administrative organs shall not be promoted in duty and rank during the period of sanction, where those accepting sanctions of demerit, major demerit, demotion, and dismissal shall not be promoted in salary grade, and those expelled shall be reduced in rank according to the provisions.Article 9 Civil servants of the administrative organs who have been expelled from their employment shall remove the personal connection with their units and not hold the postof civil servant any longer as of the date when the decision of the sanction takes effect.For civil servants of the administrative organs who have accepted sanctions other than expelling from employment, if they have performed with repentance and not committed legal and disciplinary offence any more during the sanction period, their sanction shall be lifted when the sanction period is over. After the lifting of sanctions, their promotion of salary grade, rank, and duty are no longer under the influence of the original sanction. However, lifting the sanction of demotion and dismissal shall not be treated as restoring the original rank and duty.Article 10 For civil servants of the administrative organs who have committed at leasttwo legal and disciplinary offences that have to accept the sanction, the sanctions shall be determined separately. If the types of the sanctions that shall be given are different, the most severe sanction shall be implemented; if multiple sanctions of the same type under dismissal shall be given, the sanctions shall be given, and at the same time, the sanction period shall be determined as longer than one sanction period and shorter than the sum of the multiple sanction periods.For civil servants of the administrative organs who have accepted new sanctions during the original sanction period, the sanction period shall be the sum of the rest of the original sanction period and the new sanction period.Sanction period shall not exceed 48 months.Article 11 If more than one civil servant of the administrative organs have committed legal and disciplinary offence together and shall be given sanctions, they shall be given sanctions according to the disciplinary accountability they shall bear respectively.Article 12 Severe sanctions shall be given if any of the following circumstances occurs:(1) Play a leading role in the joint legal and disciplinary offence committed by more than one person;(2) Conceal, forge, or destroy evidence;(3) Make confession in collusion or prevent others from exposing and disclosing or providing information as evidence;(4) Shield the accomplices;(5) Other circumstances leading to severe sanctions regulated by laws, rules, and regulations.Article 13 Lesser sanctions shall be given if any of the following circumstances occurs:(1) Account for the legal and disciplinary offence actively;(2) Take measures actively and avoid or redeem the losses effectively;(3) Impeach others' serious legal and disciplinary offence, and the information provided is verified.Article 14 Civil servants of the administrative organs who account for their legal and disciplinary offence actively and take measures actively to effectively avoid or redeem the losses shall be given lesser sanctions.Civil servants of the administrative organs whose disciplinary offence is slight and who can correct after criticism and education may be exempted from sanctions.Article 15 Civil servants of the administrative organs who have any of the circumstances specified in Article 12 and Article 13, shall be given severe and lesser sanctions within the sanction extent regulated in Chapter III of this ordinance.Civil servants of the administrative organs, who have the circumstances specified in term 1 of Article 14 of this ordinance, shall be given a sanction one rank lower than the appropriate rank in the sanction extent specified in Chapter III of this ordinance. For those who shall be given a sanction of warning yet who have circumstances of lesser sanctions, their sanctions shall be exempted.Article 16 Sanctions shall be given to the staff of leadership and the staff of direct responsibility, if the administrative organs have been affirmed to have committed administrative legal and disciplinary offence or other legal and disciplinary offence by people's court, supervisory organ, administrative reconsideration organ, or superior administrative organ according to law and need to be investigated for the disciplinary accountability.Article 17 Civil servants of the administrative organs who have been sentenced penalty according to law, dismissed from the posts, or resigned from the leadership and shall be given sanctions according to law before the administrative organs make the decision of sanctions, shall be given sanctions by the administrative organs according to the facts of their legal and disciplinary offence.Civil servants of the administrative organs who are sentenced penalty according to law shall be expelled from employment.Chapter III Legal and Disciplinary Offence and Applicable SanctionsArticle 18 Civil servants of the administrative organs shall be recorded a major demerit, if they have done any of the following behaviors; they shall be demoted or dismissed from their posts if the situation is serious; they shall be directly expelled from employment if the situation is particularly serious:(1) Spread speeches damaging national reputation, or organize or participate in rallies, parades, demonstrations and other activities aimed at opposing the country;(2) Establish or participate in illegal organizations, or organize or participate in strikes;(3) Violate the ethnic and religious policies of the country and cause adverse consequences;(4) Vandalize elections by means of violence, threats, bribery, deception, etc.;(5) Damage the national reputation and interests in external exchanges;(6) Cross the border illegally, or stay abroad with no return in violation of the provisions;(7) Get access to permanent residence abroad or acquire a foreign nationality without approval;(8) Other acts in violation of political disciplines. Civil servants with acts in term (6) of the above article shall be expelled from employment; those with acts in term (1), (2) or (3) who are unaware of the truth and coerced to be involved in shall be given lesser sanctions or exempted from sanctions if they perform with repentance after criticism and education.Article 19 Civil servants of the administrative organs shall be warned or recorded a demerit or a major demerit, if they have done any of the following behaviors; they shall be demoted or dismissed from their posts if the situation is serious; they shall be directly expelled from employment if the situation is particularly serious.(1) Civil servants with leadership responsibility violate the rules of procedure, individuals or a minority of people decides major events or change major decisions made by the collectivity;(2) Refuse to implement decisions and orders made by the superior authority according to law;(3) Refuse to implement decisions of exchange made by the organ;(4) Refuse to implement judgments or verdicts of administrative cases made by the people's court or decisions made by supervisory organs, audit organs, or administrative reconsideration organs;(5) Fail to debarb the case when debarbing is required in violation of provisions, affecting the impartial performance of official duties and causing adverse consequences;(6) Refuse to transact the official business handing over procedures or accept the audit when leaving the post, resigning, or being dismissed;(7) Be absent from work or go out on business failing to return when the period for leaving is over without any justified reasons, causing adverse effects;(8) Other acts in violation of organization disciplines.Article 20 Civil servants of the administrative organs shall be recorded a demerit or a major demerit, if they have done any of the following behaviors; they shall be demoted or dismissed from their posts if the situation is serious; they shall be directly expelled from employment if the situation is particularly serious:(1) Fail to perform their duties according to law, causing the occurrence of avoidable explosions, fire, spread of infectious diseases, severe environmental pollution, serious casualties, or other serious accidents or major accidents;(2) Fail to report and handle in accordance with the provisions when major accidents, hazards, events, or major criminal cases, public security cases occur.(3) Neglect the management of dedicated funds and materials for disaster relief, emergency rescue, flood prevention, epidemic prevention, preferential treatment, poverty alleviation, immigrants, relief, social insurance, land expropriation compensation, etc., causing corruption, embezzlement, damage, or lost of the funds and materials;(4) Other acts of dereliction of duty and work delay.Article 21 Civil servants of the administrative organs shall be warned or recorded a demerit, if they have done any of the following behaviors; they shall be recorded a major demerit or demoted if the situation is serious; they shall be dismissed from the post if the situation is particularly serious.(1) Breach the statutory rights, conditions and procedure setting or implement the administrative licensing in the implementation of administrative licensing;(2) Illegally set up or implement administrative coercive measures;(3) Illegally set up or impose administrative penalties;(4) Conduct administrative entrustment in violation of provisions of laws and regulations;(5) Handle issues in violation of the provisions such as tendering and bidding, collection and expropriation, urban housing demolition, auctions, etc., which are required to be decided by the government and governmental departments.Article 22 For those practicing fraud, misleading and cheating the leadership and the public, and causing adverse consequences, it is a must to give sanctions of warning, or recording a demerit or a major demerit; if the circumstances are serious, it is a must to give sanctions of demotion or dismissal; if the circumstances are particularly serious, it is a must to give the sanction of expelling from employment.Article 23 For those with behaviors in violation of disciplines for clean and honest administration, such as corruption, extorting, accepting or offering bribes, introducing bribes, embezzlement, seeking personal gain for themselves or others by taking advantage of their positions, unclear source of huge property, etc., it is a must to give sanctions of recording a merit or a major merit; if the circumstances are serious, it is a must to give sanctions of demotion or dismissal; if the circumstances are particularly serious, it is a must to give the sanction of expelling from employment.Article 24 For those violating the financial and economic discipline and squandering and wasting the national wealth, it is a must to give the sanction of warning; if the circumstances are serious, it is a must to give sanctions of recording a demerit or a major demerit; if the circumstances are particularly serious, it is a must to give sanctions of demotion or dismissal.Article 25 Civil servants of the administrative organs shall be recorded a demerit or a major demerit, if they have the following behaviors; they shall be demoted or dismissed from their posts if the situation is serious; they shall be directly expelled from employment if the situation is particularly serious.(1) Infringement of personal rights of citizens by blowing, corporal punishment, illegal detention, and other manners;(2) Suppression of criticism, attack and retaliation, withholding and destruction of report letters, or disclose of the report information to the person being reported;(3) Apportion or collection of properties from citizens, legal persons, or other organizations in violation of regulations;(4) Obstructing the performance of duties or intervention in the performance of duties in violation of provisions;(5) Other behaviors infringing the legal interests of citizens, legal persons, or other organizations by misuse of authority.Article 26 For those disclosing state secrets or work secrets, or business secrets or personal privacy obtained due to the fulfillment of duty, and causing adverse consequences, it is a must to give the sanctions of warning or recording a merit or a major merit; if the circumstances are serious, it is a must to give sanctions of demotion or dismissal; if the circumstances are particularly serious, it is a must to give the sanction of expelling from employment.Article 27 For those engaged in or taking part in for-profit activities or holding concurrent posts in enterprises or other non-profit organizations, it is a must to give sanctions of recording a demerit or a major demerit; if the circumstances are serious, it is a must to give sanctions of demotion or dismissal; if the circumstances are particularly serious, it is a must to give the sanction of expelling from employment.Article 28 For those seriously violating the professional ethics of civil servants, being negligent at work, having poor working attitudes, and causing adverse effects, it is a must to give sanctions of warning, or recording a demerit or a major demerit.Article 29 Civil servants of the administrative organs shall be warned or recorded a demerit or a major demerit, if they have done any of the following behaviors; they shall be demoted or dismissed from their posts if the situation is serious; they shall be directly expelled from employment if the situation is particularly serious.(1) Refuse to undertake the obligations of supporting, fostering, and maintaining family members;(2) Ill-treat and desert family members;(3) Keep concubines;(4) Seriously violate the social morality.For those having committed behaviors in term (3) of the above article, the civil servant shall be dismissed from the post or expelled from employment.Article 30 For those taking part in superstitious activities and causing adverse effects, it is a must to give sanctions of warning or recording a demerit or a major demerit; for those organizing superstitious activities, it is a must to give sanctions of demotion or dismissal; if the circumstances are serious, it is a must to give the sanction of expelling from employment.Article 31 For those taking in or injecting drugs or organizing or supporting prostitution, whoring, or pornographic and licentious activities, it is a must to give sanctions of dismissal from post or expelling from employment.Article 32 For those taking part in gambling, it is a must to give sanctions of warning or recording a demerit; if the circumstances are serious, it is a must to give sanctions of recording a major demerit or demotion; if the circumstances are particularly serious, it is a must to give sanctions of dismissing from post or expelling from employment.For those providing premises or other facilities for gambling, it is a must to give sanctions of warning or recording a demerit or a major demerit; if the circumstances are particularly serious, it is a must to give sanctions of dismissing from post or expelling from employment.For those taking part in gambling during work hours, it is a must to give sanctions of recording a demerit or a major demerit or demotion; for those refuse to correct the errors despite repeated education, it is a must to give sanctions of dismissing from post or expelling from employment.For those taking part in gambling by misappropriating public funds, it is a must to give sanctions of dismissing from post or expelling from employment.For those extorting, accepting, or offering bribes by taking advantage of gambling, it is a must to give sanctions in accordance with the provisions of Article 23 of this ordinance.Article 33 For those in violation of the family planning, it is a must to give sanctions of demotion or dismissing from post; if the circumstances are particularly serious, it is a must to give the sanction of expelling from employment.Chapter IV Authority of SanctionsArticle 34 Giving sanctions to civil servants of the administrative organs shall be determined by the appointment and dismissal organ or the supervisory organ (hereinafter generally referred to as the sanction decision organ) according to the administrative authority.Article 35 Giving sanctions to composition of staff of the State Council whose appointment is determined by the decision of the National People's Congress and its standing committee shall be decided by the State Council, where, dismissal suggestions shall be submitted to the National People's Congress or expelling suggestions shall be submitted to the Standing Committee of the National People's Congress by the State Council for giving sanctions of dismissing from post or expelling from employment.The State Council may decide to suspend the exercise of their duties before the sanctions of dismissal or expelling.Article 36 Giving sanctions to people of leadership of the local people's government at all levels elected or appointed by the local people's congress and its standing committee at all levels shall be decided by the people's government at the next higher level.If it is planned to give sanctions of dismissing from post or expelling from employment to people of leadership of local people's governments at or above the county level elected or appointed by local people's congresses and their standing committees at or above the county level, expelling suggestions shall be submitted first to the people's congresses at the same level by the people's governments at the corresponding level, where, the dismissing suggestions may also be submitted to the standing committee of the national people's congress at the same level for giving sanctions of dismissing from post or expelling from employment to deputy leaders of the local people's governments at or above the county level.The dismissing suggestions shall be submitted to the people's congresses at the same level by the people's governments at the corresponding level for giving sanctions to township people's government officials.People's government at a higher level may decide to suspend their exercises of duties before the sanctions of dismissal or expelling; in special emergencies, the people's government at or above province level may decide to give sanctions of dismissal or expelling to them if it is necessary, report to the standing committee of the national people's congress at the same level, and notify the standing committee of people's congress at the next lower level. Article 37 Giving sanctions to chief leaders of departments of the local people's governments at various levels shall be decided by the people's government at the corresponding level, where, the expelling suggestions shall be submitted to the standing committee of the people's congresses at the same level by the people's governments at the corresponding level for giving sanctions of dismissal or expelling.The people's government at or above the same level may decide to suspend their exercises of duties before the sanction of dismissal.Article 38 In the case that civil servants of the administrative organs who have committed illegal and undisciplined behaviors and have been registered and investigated and are no longer suitable to exercise their duties, the appointment and dismissal authority may decide to suspend their exercises of duties.Civil servants under investigation shall not exchange, leave the country, resign their duties, or conduct the procedure of retirement.Chapter V Procedure of SanctionsArticle 39 Investigation and handling of suspected illegal and undisciplined acts of civil servants of the administrative organs by the appointment and dismissal organ shall be implemented according to the following procedure:(1) Approved by the head of the appointment and dismissal organ, a preliminary inquiry into the matter requiring investigation shall be carried out by the relevant department of the appointment and dismissal organ;(2) If the relevant department of the appointment and dismissal organ believes, through the preliminary inquiry, that the civil servant is suspected of illegal and undisciplined acts and needs to be further investigated, it shall report to the head of the appointment and dismissal organ for approval and putting on record;(3) The relevant department of the appointment and dismissal organ shall be responsible for carrying out the further investigation of the illegal and undisciplined acts of the civil servant, including collecting and verifying the relevant evidence materials, listening to opinions from the leading members and the related work staff of the unit of which the civil servant is being investigated as well as from the supervision body of the unit, asking for information from other relevant units and staff, and developing an investigation report in written form to submit to the head of the appointment and dismissal organ;(4) The relevant department of the appointment and dismissal organ shall inform the civil servant being investigated of the verified facts through the investigation and the grounds of the sanctions planned to give, listen to the civil servant's narration and self-defending, review the facts, grounds, and evidence put forward by the civil servant, and put them on record.If the facts, grounds, and evidence put forward by the civil servant investigated are verified, they shall be adopted;(5) Based on the group discussion of the leading members of the appointment and dismissal organ, the decision on giving sanctions of recording a demerit, exempting the demerit, or withdrawing the case to the civil servant shall be made;(6) The appointment and dismissal organ shall directly inform the civil servant of the decision on sanction in written form, and announce it within a certain range;(7) The relevant department of the appointment and dismissal organ shall put the decision on sanction into the archive of the civil servant being sanctioned, and form a work archive of this sanction case by collecting relevant materials.When the period of sanction of the civil servant of the administrative organ is over, the procedure for lifting the sanction shall be conducted in accordance with the provisions in item (5), (6), and (7) of the above term.The appointment and dismissal organ shall, in accordance with the administrative authority, timely report the decision on sanction or the decision on lifting the sanction to the civil servant's competent department for the record.Article 40 Investigation and handling of the illegal and undisciplined acts of civil servants of the administrative organs shall be implemented in accordance with the procedures specified in the Law of the People's Republic of China on Administrative Supervision.Article 41 Investigations of illegal and undisciplined acts of civil servants of the administrative organs shall be implemented by at least two officers; units and individuals under the investigation shall truthfully provide the information.It is strictly prohibited to collect evidence by means of violence, threat, lure, cheating, and other illegal ways; evidence collected illegally shall not be used as the basis of the decision on a verdict.Article 42 If the staff taking part in the investigation and handling of the illegal and undisciplined acts of civil servants of the administrative organs has any of the following circumstances, they shall apply for debarbing; the civil servants under investigation and the interested citizens, legal persons, or other organizations shall have the right to demand his debarbing:(1) Have close domestic relationships with the civil servants under investigation;(2) Be an interested party in the investigation case;(3) Have other relationships with the civil servants under investigation, and may affect the just handling of the case.Article 43 Debarbing of the head of the sanction decision authority shall be determined by the head of the administrative organ at the next higher level of the sanction decision authority; debarbing of staff investigating and handling of other illegal and undisciplined acts shall be determined by the head of the sanction decision authority.If it is found that any staff investigating and handling of the illegal and undisciplined acts shall debarb, the sanction decision authority or the administrative organ at its next higher level may directly decide the debarbing of the staff.Article 44 The decision on giving sanctions to civil servants of the administrative organs shall be made within six months from the date of approval of putting the case on record; in the event of complicated cases or other special circumstances, the period of handling may be extended but shall not exceed 12 months.Article 45 The decision on sanctions shall include the following contents:(1) Name, duty, rank, work unit, and other basic information of the staff sanctioned;(2) Facts of verified illegal and undisciplined acts;(3) Types and grounds of the sanctions;(4) Approaches and time limits of complaint refusing to accept the decision on sanction;。
case_国际人权法_伊斯特拉诉乌拉圭酷刑和不人道待遇案
case_国际⼈权法_伊斯特拉诉乌拉圭酷刑和不⼈道待遇案伊斯特拉诉乌拉圭——酷刑和不⼈道待遇案Estrella v.Uruguay[案例⽂书]判决书[案例状态]已审结[涉案国家]乌拉圭阿根廷[审理机关]United Nations human rights commission(联合国⼈权委员会)[案情摘要]伊斯特拉是⼀位阿根廷钢琴家,住在乌拉圭。
1977年,他接到官⽅通知:作为庇隆主义者,他被认为是乌拉圭政府的反对者。
他和朋友在蒙得维地亚的家中被绑架,并遭受了酷刑,绑架者要求伊斯特拉承认他参加了⼀个在乌拉圭和阿根廷实施军事⾏动的计划。
1977年12⽉23⽇,伊斯特拉被转移到⼀个军营,1978年1⽉20⽇,他被带到另外的监狱,继续受到不⼈道的酷刑的对待。
伊斯特拉在监狱⼀直被关押到1980年2⽉13⽇,他出狱后向联合国⼈权委员会对乌拉圭提出了控诉。
⼈权委员会最后认为,乌拉圭违反了《公民权利和政治权利国际公约》第7条和第10(1)条。
因此,委员会要求乌拉圭为其违反公约⽽使伊斯特拉遭受的痛苦对伊斯特拉提供有效的救济,包括赔偿,并采取措施避免类似的事件再次发⽣。
[学理词]⼈权[法律点]联合国⼈权委员会是否可以受理违反⼈权的控诉?联合国⼈权委员会的决定是否有法律效⼒?[案件背景]⼀、庇隆主义简介庇隆1895年出⽣于阿根廷,1946年出任阿根廷总统。
他提出以“社会正义、政治主权、经济独⽴”为⼝号的庇隆主义。
1947年,庇隆将阿根廷正义党改称为庇隆主义党。
1974年庇隆去世。
⼆、《公民权利和政治权利国际公约》相关内容第七条任何⼈均不得加以酷刑或施以残忍的、不⼈道的或侮辱性的待遇或刑罚。
特别是对任何⼈均不得未经其⾃由同意⽽施以医药或科学试验。
第⼗条1、所有被剥夺⾃由的⼈应给予⼈道及尊重其固有的⼈格尊严。
2、(甲)除特殊情况外,被控告的⼈应与被判罪的⼈隔离开,并应给予适合于未判罪者⾝份的分别待遇;(⼄)被控告的少年应与成年⼈分隔开,并应尽速予以判决。
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Information Systems ResearchVol.22,No.2,June2011,pp.400–414issn1047-7047 eissn1526-5536 11 2202 0400doi10.1287/isre.1090.0266©2011INFORMS Punishment,Justice,and Compliance inMandatory IT SettingsYajiong Xue,Huigang LiangDepartment of Management Information Systems,College of Business,East Carolina University,Greenville,North Carolina27858{xuey@,liangh@}Liansheng WuGuanghua School of Management,Peking University,Beijing100871,P.R.China,wuls@T his paper aims to understand the influence of punishment and perceived justice on user compliance with mandatory information technology(IT)policies.Drawing on punishment research and justice theory,a research model is developed.Data collected from afield survey of enterprise resource planning(ERP)users are analyzed to test the proposed hypotheses.The results indicate that IT compliance intention is strongly influenced by perceived justice of punishment,which is negatively influenced by actual punishment.When perceived justice of punishment is considered,the effect of satisfaction on compliance intention decreases and that of perceived usefulness becomes insignificant.This paper contributes to information systems(IS)research and practice by drawing attention to the importance of punishment,particularly perceived justice of punishment, in mandatory IT settings.It delineates the relationships among actual punishment,punishment expectancy, perceived justice of punishment,and IT compliance intention,and thus provides a better understanding of user compliance behavior in mandatory IT settings.Key words:punishment;punishment expectancy;distributive justice;procedural justice;informational justice;fairness;mandatory context;complianceHistory:Soon Ang,Senior Editor;Sue Brown,Associate Editor.This paper was received on April2,2008,andwas with the authors3.75months for3revisions.Published online in Articles in Advance February19,2010.1.IntroductionInformation technology(IT)that promises to enhance organizational performance costs companies millions of dollars to implement(Kohli and Devaraj2003). Given the huge investment,it is in the best interest of organizations to fully assimilate the IT that they have implemented into their business processes so that the promised benefits can materialize(Devaraj and Kohli 2003,Liang et al.2007).However,after top manage-ment makes the formal decision to adopt an IT,it is up to employees to decide whether and how to inte-grate the technology into their job routines(Fichman 2000).An IT initiative may fail if employees refuse to use the system or use the system in unintended ways. To ensure IT success,organizations usually establish policies that specify the proper use of the technology and mandate that employees comply with these poli-cies(Galletta and Hufnagel1992,Ram and Jung1991). Therefore,it is important to understand how manda-tory policies influence employees’compliant IT usage. IT acceptance research over the past two decades has increased our knowledge of the IT usage behavior of individuals by drawing from various theories such as the theory of reasoned action(Fishbein and Ajzen1975),theory of planned behavior(Ajzen1991),tech-nology acceptance model(TAM)(Davis1989,Davis et al.1989),innovation diffusion theory(Rogers1995), and unified theory of acceptance and use of technol-ogy(UTAUT)(Venkatesh et al.2003).Studiesfind that individuals’IT adoption intention is determined by not only technology-related beliefs such as perceived usefulness and ease of use but also social influences such as subjective norm,defined as an individual’s perception that important others such as peers and supervisors think she or he should or should not use the focal technology(Venkatesh and Davis2000).Evi-dence indicates that although subjective norm has a significant effect on behavioral intention in manda-tory settings,its effect disappears in voluntary set-tings(Hartwick and Barki1994,Venkatesh and Davis 2000,Venkatesh et al.2003).Venkatesh and Davis (2000)believe that the effect of subjective norm on behavioral intention is largely due to the ability of sig-nificant referent others to punish noncompliance.This suggests that punishment plays an important role in influencing IT usage behavior in mandatory settings.Previous organization researchfinds punishment to be an effective way to increase employees’work 400Xue,Liang,and Wu:Punishment,Justice,and Compliance in Mandatory IT SettingsInformation Systems Research22(2),pp.400–414,©2011INFORMS401motivation,performance,job satisfaction,and other desirable attitudinal and behavioral outcomes(Arvey et al.1984,O’Reilly III and Puffer1989,Podsakoff et al.2006).Information systems(IS)security stud-ies reveal that punishment can be used as a deter-rent to reduce IS misuse,thus increasing compliance with IT policies(Straub1990).Organizational policies are unlikely to be followed if violations go unpun-ished:imagine how many people would show up at work in a company in which employees were not disciplined for absenteeism.Punishment as a form of behavioral control is therefore universal in orga-nizations(Arvey and Ivancevich1980,Ball et al. 1994,Trevino1992).Almost every formal organi-zation has specific statements on sanctions and/or disciplinary actions in the event of violations of orga-nizational rules and policies.Because of the highly charged nature of punishment,practitioners are prob-ably reluctant to admit its practice,and academics tend to underestimate its prevalence.However,Arvey and Ivancevich(1980)state that,“The use of aver-sive stimuli has always occurred in organizational settings and probably always will”(p.125).In manda-tory IT settings,punishment is widely utilized as a coercive force to ensure that employee IT use com-plies with IT policies.According to recent surveys conducted by the American Management Association (AMA),66%of United States companies monitor the web-browsing activities of their employees and43% review employee e-mails(AMA2008).Harsh pun-ishment has been delivered:28%of employers have fired employees for e-mail misuse and30%havefired employees for Internet misuse(AMA2008).If less severe disciplinary actions such as reprimands and warnings were counted,punishment rates would be much higher.In the context of enterprise systems, punishment is also common.For example,Boudreau and Robey(2005)find that a large American govern-ment agency mandated enterprise resource planning (ERP)usage by informing users that inertia would result in negative consequences(i.e.,punishment). Specifically,users were told that if they did not use the system they could be“bumped out.”Because of the importance and prevalence of punishment,we argue that it deserves to be investigated theoretically and empirically in IS research.To date,little is known about punishment in mandatory IT contexts.To the best of our knowledge, no research has explicitly examined the relationship between punishment and IT compliance.We contend that to gain an in-depth understanding of IT behavior in mandatory settings,punishment should be studied directly and explicitly.Extending IT acceptance theory by integrating punishment research and justice theory, this study addresses the following research question:How does punishment affect employee compliance intention in mandatory IT settings?The rest of the paper is organized as follows.In the next section,we develop the research model and propose hypotheses.Then,we describe the survey research process and report the results of the data analysis.Finally,we discuss the majorfindings and their implications for research and practice.2.Theoretical Development2.1.Research ModelAs IT compliance encompasses IT usage,we extend the TAM by drawing on punishment research and jus-tice theory to develop a research model that explains the IT compliance intention of individuals in manda-tory settings(Figure1).The TAM is selected because it has a concise structure and is the most com-monly used model in the IT acceptance literature. The UTAUT is not selected for two reasons.First, it involves a number of moderating relationships, which could make our full model overcomplicated. Second,regarding predictors of behavioral intention, the only construct that the UTAUT has that the TAM does not is social influence.Since social influence operates mostly through the expectation of punish-ment in mandatory settings(Venkatesh and Davis 2000),it is accounted for in our model by punishment expectancy.As Figure1shows,the base model posits that compliance intention is affected by perceived useful-ness and satisfaction.Perceived usefulness refers to the degree to which employees believe that using a particular system would enhance their job perfor-mance(Davis1989,Davis et al.1989).It has been touted as the most salient belief driving IT usage (Bhattacherjee and Premkumar2004).Satisfaction is defined as a pleasurable or positive emotional state resulting from an individual’s IT usage experience (Bhattacherjee and Premkumar2004).Satisfaction is similar to attitude in the original TAM,as both are affective factors(Bailey and Pearson1983).We replace attitude with satisfaction because previous research shows that satisfaction is an important predictor of IT use(Bhattacherjee2001),whereas the effect of atti-tude is unclear(Venkatesh et al.2003).In addition, Brown et al.(2002)suggest that satisfaction should be fully understood in mandatory settings.Based on prior research(Rai et al.2002),the base model also posits that satisfaction is influenced by perceived usefulness and ease of use.Perceived ease of use,which refers to the degree to which a person believes that using a system will be free of effort,is also proposed to pos-itively affect perceived usefulness(Davis1989,Davis et al.1989).As the relationships in the base model haveXue,Liang,and Wu:Punishment,Justice,and Compliance in Mandatory IT Settings 402Information Systems Research22(2),pp.400–414,©2011INFORMSFigure1Research Modelbeen well established in the extant IS literature,they are not explained here in detail.In this study,compliance intention is defined as the extent to which employees follow organizational IT policies to use the target IT in their job.Follow-ing Galletta and Hufnagel(1992),IT policies refer to the rules,guidelines,standards,and procedures that restrict user choices in IT usage.Prior research argues that usage intention is not a meaningful depen-dent variable when IT usage is mandatory(Brown et al.2002).Hence,we focus on compliance inten-tion,because we believe compliance is the real issue in mandatory IT pliance is a higher level concept that encompasses both usage and ele-ments mandated by age is a necessary but not sufficient condition for compliance.That is, to be compliant,one must use IT.Yet,a high level of IT usage can be associated with a low level of compliance if the usageflouts IT policies.Given the structure of compliance,the absence of either com-ponent could lead to noncompliance,which is mani-fested as nonuse and work-around(absence of usage) or misuse and inappropriate use(lack of obedience to mandatory elements).McAfee(2003)shows that both nonuse and misuse are common pitfalls in a vari-ety of IT implementations.It should be noted that compliance and noncompliance are not dichotomous. IT policies can specify which noncompliant behavior will be punished.However,as IT is complex and the language used in IT policies is open to interpretation, the determination of noncompliance is difficult and prone to controversy.Hence,the base model that is traditionally used to explain IT usage may be insuffi-cient to explain IT compliance.We extend it by includ-ing three constructs that are specific to mandatory IT settings:punishment expectancy,actual punishment, and perceived justice of punishment.Their theoretical basis is discussed as follows.2.2.Why Punishment Is NeededPunishment is defined as the application of nega-tive consequences to or withdrawal of positive con-sequences from employees(Trevino1992).Negative consequences include verbal reprimands,fines,sus-pensions,and terminations,while the withdrawal of positive consequences includes removing privi-leges,withholding pay raises,and delaying promo-tions(Arvey and Ivancevich1980).The purpose of punishment is to stop or decrease the frequency of undesirable employee behavior or increase employee compliance with the organization’s desired behavioral standards.The necessity of punishment stems from the notion that the employer-employee relationship is essentially a principal-agent relationship(Jensen and Meckling 1976).The principal and agent have incongruent goals,and each tries to maximize its own interests (Eisenhardt1989).As selfish agents,employees may engage in opportunistic behaviors that undermine the benefits of their organization(the principal),lead-ing to agency problems(Jensen and Meckling1976). Organizations regulate employees’agent behavior by implementing various control measures(Ouchi 1979).Punishment has long been an essential con-trol measure widely used by organizations to pro-tect themselves from uncooperative employees(Ball et al.1994).In the IT context,the organization and its employ-ees also have different interests.The interest of the organization is to reap benefits from its IT investment, which requires that employees assimilate the IT into their work(Liang et al.2007).In contrast,the inter-est of employees is often to do what they are paid to do without expending extra effort,which may lead to resistance to IT use due to certain characteristics of the IT.For example,ERP systems have“best prac-tices”embedded in their design and can profoundly impact the existing business processes in adopting organizations(Davenport1998).To unpack the“bestXue,Liang,and Wu:Punishment,Justice,and Compliance in Mandatory IT SettingsInformation Systems Research22(2),pp.400–414,©2011INFORMS403practices”into organizations,ERP systems are often implemented in tandem with certain types of busi-ness process redesign,which requires employees to change their habitual work routines and adapt to the new procedures prescribed by the ERP systems(Liang and Xue2004).This change tends to cause internal clashes and conflicts,leading to resistance to using the ERP systems at the individual level(Lapointe and Rivard2005,Robey et al.2002,Soh et al.2000,Xue et al.2005).Boudreau and Robey(2005)find that employees attempted to avoid using an ERP system initially and later reinvented unintended ways to use the system so that they could work around system constraints.Such improvisation is often the sign of a problem.Hence,organizations usually establish poli-cies to specify the appropriate way to use the sys-tem(Chae and Poole2005,Galletta and Hufnagel 1992),and often use a heavy hand to ensure employee compliance with the policies(Boudreau and Robey 2005,McAfee2003).Without punishment,it would be extremely difficult,if not impossible,to enforce IT policies.2.3.How Punishment WorksA social cognitive perspective offers an in-depth understanding of punishment’s effect on compliance with mandatory IT usage.Research reveals that pun-ishment influences employee behavior through pun-ishment expectancy,which in this paper refers to the expectation that noncompliant IT usage behav-ior will be punished.Punishment expectancy can be developed in two ways.First,it results from a dyadic punishment event between the supervi-sor and subordinate,and deters the punished sub-ordinate from future noncompliant IT use.Research into punishment expectancy dates back to the1920s, when psychologists posited that individuals learn from the consequences of their past behavior and modify their future behavior accordingly(Steers et al. 2004).According to the law of effect(Thorndike1911), an individual tends to repeat past actions that lead to positive outcomes and not to repeat actions that produce negative outcomes because he or she expects similar outcomes to occur.Based on these princi-ples,reinforcement theorists(Komaki2003,Skinner 1953)argue that individuals learn that there is a contingent relationship between behaviors and their consequences;this provides a guide for future behav-ior,so that they are likely to repeat appropriately rewarded behavior and refrain from punished behav-ior.Leadership research shows that effective lead-ers can use punishment as a negative stimulus to reduce employee underperformance,as developing punishment expectancy among employees can help to improve their job performance(Bass1985,Podsakoff et al.2006).Second,the effect of punishment expectancy on IT usage is realized through social learning(Bandura 1971).Punishment influences not only the punished person but also other organizational members who observed the punishment event(Atwater et al.2001, Liden et al.1999,Trevino1992).Observers develop a perception of risk regarding the inappropriate IT usage behavior that led to the negative conse-quences.This cognitive process is similar to outcome expectancy formation in vicarious learning(Bandura 1986).The expectancy of punishment results from the observation of the punishment event and inhibits the observer from performing the punished behavior. Deterrence theory(Zimring and Hawkins1973)sug-gests that the perceived certainty of a misconduct being punished and perceived severity of the punish-ment will reduce the likelihood of employees commit-ting the misconduct.Punishment is a form of social control and helps to establish group norms specifying acceptable and unacceptable behaviors(O’Reilly III and Puffer1989).Thus,it helps to regulate the behav-ior of a large group of people by deterring members from misbehavior.In addition,while it discourages unacceptable behavior of observers by constructing punishment expectancy,failure to punish increases the unacceptable behavior of observers by diminish-ing punishment expectancy(Trevino1992). Punishment expectancy is akin to punishment cer-tainty,which deterrence theory defines as the per-ceived probability of being punished.Punishment certainty is found to have a negative relationship with inappropriate or criminal behavior(Freeman and Watson2006,Pogarsky et al.2005).Previous IS research based on deterrence theory shows that punishment certainty significantly reduces computer misuse(Straub1990).This suggests that punishment expectancy will help employees to associate potential punitive outcomes with noncompliant IT behavior, and lead them to choose to comply with mandatory IT policies to avoid being disciplined.Hypothesis1(H1).Employees’punishment ex-pectancy is positively related to their compliance intention in mandatory IT settings.2.4.Justice of PunishmentAs the effect of punishment depends on an individ-ual’s cognitive evaluation of the disciplinary event, the manner through which punishment is adminis-tered is likely to influence the individual’s reaction to punishment.Previous research has investigated pun-ishment from a justice perspective and found that justice perceptions of organizational events signifi-cantly affect dependent variables such as employee performance,satisfaction,and organizational citizen-ship behavior(Ball et al.1994,Bennett and Cummings 1991,Cohen-Charash and Spector2001,Colquitt et al.Xue,Liang,and Wu:Punishment,Justice,and Compliance in Mandatory IT Settings 404Information Systems Research22(2),pp.400–414,©2011INFORMS2001).It is suggested that justice perceptions medi-ate the effects of punishment on employee attitudes and behaviors(Podsakoff et al.2006,Trevino1992). Therefore,in the mandatory IT context,it is impor-tant to understand what constitutes perceived justice of punishment and how it affects employee compli-ance intention.The last two decades have witnessed a substan-tial amount of justice research in organizational set-tings.It is generally accepted that there are three types of justice:distributive,procedural,and interactional (Ambrose2002).Research suggests that interactional justice can be further divided into two categories: interpersonal and informational(Colquitt2001).Dis-tributive justice refers to the perceived fairness of out-come distributions(Adams1965);procedural justice refers to the perceived fairness of decision-making processes(Leventhal1980,Thibaut and Walker1975); interpersonal justice refers to the perception of fair-ness arising from being treated with respect,dig-nity,truthfulness,and propriety(Greenberg1990); and informational justice refers to the perception of fairness resulting from being provided with explana-tions for the decision(Bies and Moag1986).When evaluating punishment,distributive justice is concerned with how fair punishment is allocated(Ball et al.1994,Trevino1992).It is shaped by the sever-ity appropriateness and consistency of punishment (Trevino1992).First,employees’perceptions of fair-ness are based on their appraisal of thefit between the harshness of the punishment and the misconduct.The punishment is considered to be fair when it is seen to be appropriate for the specific misconduct being punished.Second,employees compare punishments imposed on different individuals who have commit-ted similar infractions and expect to see equity in the allocation of punishment.Consistently administered punishment across individuals with different social status and hierarchical positions in the organization tends to foster the perception of fairness.Whereas distributive justice focuses on the pun-ishment outcome,procedural justice is concerned with the punishment decision process(Trevino1992). According to Thibaut and Walker(1975),procedu-ral justice consists of two components:process con-trol(whether people have a voice in the process) and decision control(whether people are given any say in the rendering of the decision).Previous stud-ies show that voice and appeal opportunities con-tribute to procedural justice in organizational settings (Ambrose2002).In the punishment context,Ball et al. (1994)use subordinate control to represent procedu-ral justice.Subordinate control refers to the extent to which a subordinate can influence the procedures employed in the punitive event and the actual pun-ishment imposed.It concerns whether employees have the opportunity to voice their views and pro-vide evidence for their defense before being punished (process control)and whether they can provide input to influence the type and level of punishment(deci-sion control).Thus,subordinate control reflects the two-component structural view of procedural justice. Informational justice is particularly important in the punishment context,because punishment is a highly charged act(Arvey and Ivancevich1980). Employees need to know not only why they are punished,but also how to change their behavior to avoid being punished again.Thus,the information provided during punitive events should be construc-tive and developmental,involving coaching,speci-fying expected behaviors,and explaining why the punishment is being administered(Ball et al.1994, Tyler and Bies1990).Employees tend to perceive the punishment as just when they receive such detailed information.Finally,interpersonal justice acknowledges the sensitive nature of punishment and suggests that employees be treated with courtesy and respect when being punished.However,recent justice research finds that interpersonal justice has no direct effect on employee rule compliance(Colquitt2001).Although it is found to influence employees’helping behav-ior and evaluation of supervisors,there is no theo-retical or empirical evidence that these two variables contribute to rule compliance.In addition,punish-ment research(Ball et al.1994)reveals that supervi-sor demeanor in punishment events has no significant effect on employee behavioral outcomes.Therefore,in this research,we do not consider interpersonal justice to be part of perceived justice of punishment. Colquitt and Shaw(2005)recommend that over-all justice be modeled as a latent construct.Ambrose et al.(2007)suggest that it is legitimate to aggre-gate the effects of different types of justice using a second-order construct.Therefore,we propose that perceived justice of punishment can be conceptual-ized as a formative second-order construct consisting of threefirst-order constructs:distributive,procedu-ral,and informational justice(Figure2).Rather than being determined by the second-order construct,as Figure2The Second-Order Nature of Perceived Justice of PunishmentXue,Liang,and Wu:Punishment,Justice,and Compliance in Mandatory IT SettingsInformation Systems Research22(2),pp.400–414,©2011INFORMS405in a reflective model,eachfirst-order construct repre-sents a unique aspect that contributes to the higher order construct(Jarvis et al.2003,Petter et al.2007).A formative model is appropriate in this case because the three justice perceptions are theoretically indepen-dent and their joint effect can be examined at the second-order construct level.This conceptualization contributes to theoretical conciseness and clarity. There is ample evidence that justice perceptions significantly affect employee attitudes and behav-iors(Cohen-Charash and Spector2001,Colquitt et al. 2001).Trevino(1992)proposes that justice perceptions mediate the effect of punishment on subsequent mis-conduct.Podsakoff et al.(2006)suggest that justice is a mediator between leader punishment behavior and employee attitudes and behaviors.When employees believe that the organization is a fair place where peo-ple get what they deserve,their motivation to comply with organizational rules and policies is enhanced. The positive relationship between individuals’jus-tice perceptions and their compliance with group rules and laws is well supported by previous jus-tice research(Colquitt et al.2001,Tyler et al.1996). When individuals feel that they are fairly treated, they perceive themselves to be valuable group mem-bers and are more likely to identify with their group (Tyler et al.1996).This social identity leads them to align their self-interests with those of the group and to internalize group norms and values(Brewer and Kramer1986).As a result,they are more likely to comply with group rules.In the mandatory IT context,employees’perception of punishment justice reinforces their belief that noncompliant IT behavior will result in appropriate punishment that is applied equitably to every organizational member,that they will have a voice in the punishment decision process, and that they will be told why they are punished and how to avoid punishment in the future.These beliefs make employees feel that they are valuable members of the company and encourage them to comply with the company’s mandatory IT policies.Hypothesis2(H2).Employees’perceived justice of punishment is positively related to their compliance inten-tion in mandatory IT settings.Extant research shows that the perception of the justice of punishment is positively related to pun-ishment expectancy.Punishment expectancy reflects employees’cognitive evaluation of the associa-tion between punishment and undesirable behaviors (Komaki2003).It is shaped by punishments adminis-tered contingently(fairly)upon undesirable behaviors that violate organizational policies(Podsakoff et al. 2006).Reinforcement theory posits that if individu-als are consistently punished for a behavior,they will make the association between the punishment and the behavior(i.e.,punishment expectancy)and reduce the behavior to avoid future punishment(Skinner1953). Punishment imposed unfairly will impede the estab-lishment of punishment expectancy.Trevino(1992) suggests that failure to punish an undesirable behav-ior can increase that behavior because employees do not expect to be punished for their undesirable behav-ior.Thus,punishments need to be administered fairly and consistently so that employees are able to cogni-tively associate noncompliant IT behavior with pun-ishment.There is empirical evidence of a positive relationship between contingent punishment and jus-tice perceptions(Podsakoff et al.2006).In the manda-tory IT context,when employees perceive punishment as just,they develop a reference framework within which they can predict what will happen if they do not comply with IT policies.If punishment is unfairly practiced(e.g.,a minor misbehavior is harshly pun-ished whereas a serious misbehavior incurs only mild punishment,or one employee is punished for a cer-tain behavior whereas another employee gets away with the same behavior),employees are likely to become confused and unlikely to develop the refer-ence framework.As a result,they may not be able to recognize the association between punishment and noncompliant IT behavior.Thus,we contend that the employees’perceived justice of punishment positively influences their punishment expectancy. Hypothesis3(H3).Employees’perceived justice of punishment is positively related to their punishment expectancy in mandatory IT settings.2.5.Actual PunishmentTo make IT policies effective,organizations need to impose actual punishment on violators(Straub1990). In this study,actual punishment refers to the fre-quency and magnitude of aversive stimuli or negative consequences for employees as a result of noncom-pliant IT behavior.According to reinforcement the-ory(Skinner1953),an undesirable behavior can be reduced by applying aversive stimuli after the behav-ior occurs.The logic is that actual punishment triggers cognitive processing of the situation,which leads to punishment expectancy.It should be noted that pun-ishment cannot be effective if it is only applied to one episode of the undesirable behavior.The unde-sirable behavior should be punished repeatedly so that the individual makes the association between the punishment and his or her undesirable behav-ior;that is,punishment expectancy is established (Skinner1953).Organization research also posits that to be effective,actual punishment should consistently occur after every undesirable behavior(Arvey and Ivancevich1980).This suggests that employees who received more punishment are likely to have stronger punishment expectancy.。