香港刑事执行工作概览

香港的刑事执行工作致力于促进罪犯复归社会,强调“以人为本”、“社区为本”的理念。惩教署是香港监狱工作的主管机关。社会福利署负责社区矫正项目的执行。善导会等民间组织在香港罪犯矫正事业中发挥着重要作用。     

试论GATS框架下新一轮空运服务谈判及我国的对策

在2001年WTO多哈部长会议启动的新一轮服务贸易谈判中,空运服务谈判成为世人瞩目的焦点。本文先对乌拉圭回合有关空运服务谈判成果作出简要回顾,并对新一轮谈判的背景作出分析。在此基础上,对新一轮空运服务谈判的各方观点与谈判前景作出预测。最后,针对WTO规则对我国空运服务进一步对外开放的要求提出若干对策。     

FUNDING COMMUNITY POLICING TO REDUCE CRIME: HAVE COPS GRANTS MADE A DIFFERENCE?*

Research Summary: This research examines how funding from the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS), has affected violent and property crime rates in the United States from 1995 to 1999. Drawing on six years of panel data, we examine the effects of three types of awards made by COPS to 6,100 law enforcement agencies serving more than 145 million citizens. We estimate their impact on crime reduction over time in jurisdictions receiving funding and controlling for baseline levels of crime, socioeconomic characteristics, city size, and population diversity and mobility. Our analyses suggest that COPS hiring and innovative grant programs have resulted in significant reductions in local crime rates in cities with populations greater than 10,000 for both violent and nonviolent offenses. Multivariate analysis shows that in cities with populations greater than 10,000, an increase in one dollar of hiring grant funding per resident contributed to a corresponding decline of 5.26 violent crimes and 21.63 property crimes per 100,000 residents. Similarly, an increase in one dollar of innovative grant funding per resident has contributed to a decline of 12.93 violent crimes and 45.53 property crimes per 100,000 persons. In addition, the findings suggest that COPS grants have had no significant negative effect on violent and property crime rates in cities with less than 10,000 population. Policy Implications: The findings of this study imply that COPS program funding to medium‐ and large‐size cities has been an effective force in reducing both violent and property crime. Federal government grants made directly to law enforcement agencies to hire additional officers and promote innovations may be an effective way to reduce crime on a national scale.     

新加坡21世纪公共服务计划研究:背景、内容和启示

新加坡21世纪公共服务计划是一项综合的改革,主要包括员工福利、通过持续的进取和创新追求卓越、组织审查、优质的服务4个方面。中国在开展公共服务改革的过程中可以从中得到很多启示:一是确保改革的规划性和持续性;二是加强改革的魄力和领导力;三是注重对公务员的管理和培训;四是培育组织的服务文化;五是加快电子政务建设。     

Devolved Functions in Government: Some Realities

Devolvement of functions to quangos and Departmental Agencies has been a marked feature of reform in government since 1970, accelerated by the ‘Next Steps’ initiative (1987–90). Its effects in terms of performance, costs and disengagement from related government activity are discussed by reference to experiences in the management of two large quangos created after 1970, the Manpower Services and Health and Safety Commissions and their Executives. Some general lessons are drawn for present application, and the discussion seeks also to expose realities and difficulties in the management of public bodies that are often overlooked in theoretical argument. It acknowledges the advantages of devolvement, but points to serious limitations in the ‘owner–agency’ model when applied to public business, arising from powerful centralising forces, rapid changes in political aims, the cardinal requirement for economy, and shifting needs for lateral co‐operation across the government sector.     

借镜与创新——将法律基础服务纳入农村社会保障体系的分析

中国农村社会保障制度改革的特殊性在于中国国情的特殊性与所处时代的特殊性以及这种改革制度自身的特殊性。因此,探讨农村社会保障制度的着力点既不能也不应仅仅停留在物质生活层面上,而是应该将法律所赋予农民的基本权益纳入其中。     

基本医疗服务法制化研究

获取基本医疗服务是公民保障生命健康的基本权利,应当通过法律加以明确,使之成为"拟制公共产品"。公共卫生服务与基本医疗服务是两种性质不同的服务,不宜用一部法律来统一规定,因此全国人大《基本医疗卫生保障法》的立法模式是不适宜的,应当单独出台《基本医疗服务法》。政府提供基本医疗服务的范围主要包括基本医疗保险、基本医疗救助、基本药物和基本诊疗项目、基本医疗服务体系和基本医疗设施、基本医疗服务人力。公民的医疗服务请求权可以通过诉讼救济,医疗服务请求诉讼的类型属于行政给付之诉。     

The Emergence of Crime Victims as a Target Group in the Swedish Social Services Act

This article examines the political motives behind the introduction of crime victim support provisions in the Swedish Social Services Act. The findings derive from a case study of the preparatory material that prefaced the legal changes that were adopted in 2001. The result shows that the explicit purpose of the provisions was to consider measures to improve the support to crime victims. To some degree the provisions can also be explained by symbolic factors. In fact, most actors in the law-making process indicate that their motives were communicative and symbolic. Support to crime victims was presumably a complicated issue for the social democratic government. Because of the economical crisis in the early 1990s, there was no scope for reforms that implied high increased costs. Yet expanding the crime victim's rights in relation to the offender, such as toughening the penal law and promoting victim impact statements, was not in line with social democratic ideology. By enacting the provisions in the Social Services Act the government demonstrated that support to crime victims was an important area of concern. At the same time, the provisions did not involve any increased costs or strengthen the crime victim's rights in relation to the offender. In this way, the provisions became a mediator that solved a difficult political dilemma for the government.     

Longitudinal Outcomes for Youth Receiving Runaway/Homeless Shelter Services

This research examined outcomes and use of specific types of services 6 weeks, 3 and 6 months post-discharge for a large sample of runaway/homeless youth using crisis shelter services. Data were collected for 371 runaway/homeless youth using emergency shelter and crisis services at eleven agencies across a four-state midwestern region. Outcomes were assessed for runaway behavior, family relationships, substance use, school behavior, employment, sexual behavior, and self-esteem. Additionally, the impact of services on outcomes was assessed. Findings indicated that although youth achieved a wide variety of positive outcomes 6 weeks post-discharge, there were signs of attenuation of certain outcomes by the 6 month follow-up. Service use after discharge did not demonstrate a strong impact on maintaining outcomes. The substantive findings reported here present encouraging evidence for providers of services for runaway/homeless youth. Crisis shelter services appear to facilitate broad-based short-term gains, but do not appear sufficient to maintain these gains over an extended period.     

Filial Piety in Israel: Between the Law in the Books and the Law in Action

This paper explores the main legal aspects of filial piety in Israel. Based on a socio-legal study, it traces a significant gap between the law in the books, which mandates that children support their parents financially if the latter cannot support themselves, and the law in action, which narrows this obligation to cases in which the parents must be cared for in a State nursing home. The study also highlights the relevance of religious and cultural norms in shaping filial piety in multicultural countries and thus points to the urgent need to tailor filial piety legal policies according to socially constructed, actual, and diverse filial piety perceptions and practices.