新中国成立以来社会福利制度的演变与发展——基于社会权利视角的分析

新中国成立70年来,社会福利制度体系经历了深刻的变迁。尝试从社会权利视角出发,通过构建福利资格准入、福利制度安排和福利结果的解释框架,对四个历史阶段的社会福利制度演变进行梳理和分析,可以发现:新中国的社会福利制度经历了国家主义统揽、发展主义主导、新世纪初期政策扩张和新时代政策深化的变迁过程,并面临严峻的现实挑战。为了建构新时代中国特色社会福利制度体系,应该克服福利发展上的认知悖论,重视福利制度安排的积极作用,着力解决福利责任主体不清的问题,形成多元的社会福利供给模式,并通过改变社会福利制度碎片化格局,构建统一公民身份的社会中国。     

Migrants into Members: Social Rights,Civic Requirements,and Citizenship in Western Europe

How do the states in Western Europe turn outsiders into insiders? This article examines that question by introducing a new qualitative framework that we term national membership conditionality structures (MCS). This framework includes not only status acquisition rules, such as those governing naturalisation and settlement, but also, crucially, civic integration requirements and social benefit eligibility standards. The article illustrates how linkages across these policy sectors shape different membership-making processes for third-country nationals by examining the MCS variation in Great Britain and Germany, two countries that both experienced significant migration inflows beginning in the first post-war decades. As a contrast to these two ‘mature’ MCS cases, a study of Spain is also included as a ‘nascent’ case, whose recent experience with large-scale immigration provides an opportunity to consider an MCS under active construction. The article concludes that while EU-level policies and institutions have extended their reach to cover ever more sectors, the components of national MCS remain largely outside supranational purview. As such, membership remains a core imperative of the contemporary nation-state.     

民事权利体系:反思与重构

民事权利及其体系自始随着社会经济发展而不断发展变化,民事权利体系的构建始终是民事权利研究的关键问题。如何构建出一个较为完善的民事权利体系,最大程度地将已有的民事权利合理地收入其中并尽可能地适用于未来的新兴民事权利是民事权利体系化研究的重点。必须从一个新的角度来构建民事权利体系,并且将目前的新兴民事权利细分后纳入这个体系。同时也可以将未来的新兴的民事权利细分后列入体系,使体系的相对稳定性得以保持。     

信息化侦查中的程序控制与公民信息权保障

犯罪控制与人权保障的冲突在刑侦领域尤为凸显。信息社会刑侦部门对信息资源的高度依赖决定了刑侦信息化在有效侦破案件的同时也会带来侵犯公民权利的风险。以网上立案程序实现侦查程序的控制并通过对侦查机关采集使用个人信息制度的规范,达到保障公民的信息权利乃至人权的终极目的。     

Participation,Dialogue, and Civic Engagement: Understanding the Role of Organized Civil Society in Promoting Active Citizenship in the European Union

Abstract

This article looks at current policies concerning the civic and political participation of youths, women, migrants, and minorities in the European Union. It highlights the ways in which active citizenship and civic engagement have become a political priority for European institutions. Representation of local policy actors at the supranational level and strategies for the inclusion of civil society provide a platform for evaluating the impact of Europeanization at the national and subnational level. The article focuses on key discourses and narratives associated with specific policy frames (e.g. European citizenship, European social policies, and the European public sphere (EPS)). Some of the key questions addressed by the article are: What are the strategies that are employed, both by the European institutions in Brussels and organized civil society (OCS), to enhance participation and reciprocal communication? What vision of governance do practices such as active engagement and civil dialogue represent? Drawing on current theories of governance, our article contributes to the debate about the EPS by evaluating the role of OCS in bridging the gap between European institutions and national polities. Equally, our focus on traditionally marginal groups provides a platform for assessing the institutionalization of the ‘European social dimension’.     

全球化时代企业劳动者权益保护面临的挑战和对策

经济全球化、全球市场的开放和融合使全球范围的竞争加剧。为了降低生产成本,提高竞争力,许多国家都把压低本国劳动力成本作为首选的方式。这就使政府对劳动关系规制放松,企业拥有更多的工作场所的支配权,采取了更为灵活的雇佣方式,雇佣更多非全日制员工、短期员工、租赁员工等。而这些非“正式”员工的劳动保障和待遇往往都很低,一些基本的劳动权益很难保障。本文分析了全球化对劳动者权益的影响,指出劳动者权益缺失产生的严重后果,最后提出相应的解决对策,即政府应加强对劳动者权益保护,加强企业社会责任,强化工会职能,三管齐下维护劳动者权益。     

The Sub-State Politics of Welfare in Italy: Assessing the Effect of Territorial Mobilization on the Development of Region-Specific Social Governance

This article demonstrates that the political mobilization of regional identities through the creation of regionalist parties has positively impacted on the development of region-specific models of welfare governance in Italy. This means that, in a decentralized country, the ‘centre-periphery’ cleavage may significantly influence the sub-state politics of welfare.     

Elections and the Development of Civil War: An Empirical Study of Sri Lanka

Present empirical research on the connection between elections and civil war often treats causality as a one-way effect because it focuses exclusively on either the onset or the consequence of civil war. What is omitted in the literature is the endogenous nature of the election–conflict nexus throughout a civil war. This article dedicates itself to filling that gap. Treating administrative units in conflict as part of a rebellion network, we apply a stochastic actor-oriented model (SAOM) to the case of Sri Lanka. We find that, on the one hand, rebellion is less likely to occur in Tamil regions if national winners in presidential elections enjoy high local approval ratings (selection effect). On the other hand, regions involved in the rebellion network converge in terms of their local support for the national winner of the presidency (influence effect). Overall, our model-based simulation analysis shows that the influence effect has a larger impact on the endogenous relationship than the selection effect.     

The Translation of Transnational Voluntary Standards into Practices: Civil Society and the Forest Stewardship Council in Russia

The article analyses closely the role of civil society in the local translation and adaptation of transnational standards of responsible use of natural resources in global certification regimes. The study builds on original evidence from Russia on civil society and forest certification, based on extensive fieldwork. It argues that the local translation of global sustainability standards into on-the-ground practices is not a straightforward execution of rules imposed by powerful transnational actors—e.g. international nongovernmental organizations, multinationals, governments, or consumers. Rather, local civil society actors elaborate the ways in which transnational standards are implemented locally and thereby construct new knowledge related to standard implementation and responsible natural resource management. The paper contributes to the literature on transnational governance by examining the involvement of civil society organizations in the translation, adaptation, and learning dynamics in global certification regimes.     

A feminist challenge to the gendered politics of the public/private divide: on due diligence,domestic violence,and citizenship

This article examines the feminist appropriation of the legal principle of due diligence to politicize acts of violence at the hands of private actors within the private sphere. This move expanded traditional notions of state responsibility for violence against women under international human rights law. Using frame analysis, we focus on the institutionalization of this feminist understanding of due diligence through its discursive incorporation in international human rights policy documents and its mobilization in cases of domestic violence litigated within the UN and the Inter-American and European human rights systems. Through this discursive framing work and its institutionalization, feminists have challenged the gendered politics of the public/private divide to change the terms on which differently positioned women can engage with the state and global governance institutions. We argue that this change can potentially reconfigure women's state-bounded and transnational citizenship. The implications of due diligence as a political and sociological concept require more careful consideration by citizenship and human rights scholars.     

Detached,Hostile, Adaptable and Liberalising: The Chameleon Qualities of the UK's Relationship with EU Social Policy

In this article, we review the EU's significance for social policies in the UK. The EU has a limited legal role or institutional capacity to directly regulate the social policies of its member states. This role is even more limited in the case of non‐eurozone countries. There are a handful of EU policy measures which have had effects on social policy in the UK. However, these effects have not changed the institutional arrangements for making, organising and delivering social policy, which remain firmly in the hands of UK governments. In consequence, a ‘Leave’ or ‘Remain’ result has relatively limited implications for social policy, except in the case of specific social groups: notably for UK and other EU nationals who have lived and worked in at least one other EU country. Other EU legislation and regulation is compatible with the current and historical policy preferences of UK governments and political parties.     

Social innovation driven by citizen-led digital innovation: technologies of citizenship and the war on unemployment in Flanders

ABSTRACT

Citizens’ participation in technology design is increasingly deployed as a means to tackle social issues and a technique of empowerment. Techniques of empowerment belong to a set of strategies and methods employed by governmental and nonprofit organizations to constitute active, participatory citizens. This contribution exposes the political rationalities underpinning emerging initiatives that perpetuate citizens’ subjection by deploying participation as their essential governing technology. It analyses an initiative developed by a Belgian nonprofit organization to involve citizens in the design and development of digital tools to tackle unemployment. Findings unveil the potential downsides of participatory practices of technology design for social innovation. Critical reflections invite practitioners to pay greater attention to their design and implementation towards making them truly empowering processes.     

The Long March Through Whitehall: A Comment on Lowe and Pemberton,The Official History of the British Civil Service,Volume II: 1982–1997

The Thatcher‐Major ‘permanent revolution’ massively changed the British civil service and Whitehall. The political clout provided by strong prime ministerial backing was a key factor in sustaining the momentum of change over the 1980s and 1990s. The process of change developed piecemeal, in a step‐by‐step and, in some ways, even haphazard fashion, with ‘New Right’ ideology just one factor. Economic and financial constraints were important in driving and sustaining the Whitehall efficiency drives and managerial reforms of the period. Support from managerially minded insiders and skilful prime ministerial businessmen advisers brought in from outside were also crucial. In contrast, the Johnson government's approach to civil service reform may be self‐defeating if it creates too much instability and needless strife, rather than building on ideas and building up support at different levels from within Whitehall itself.     

Destroying one Public Service Bargain Without Making Another: A Comment on Lowe and Pemberton,The Official History of the British Civil Service,Volume II: 1982–1997

This article responds to Lowe and Pemberton's second volume on the history of the civil service and analyses fundamental shifts in British governance at the centre that occurred during the 1980s and 1990s. The traditional ‘public service bargain’ (PSB) that underpinned the relationship between ministers and officials has been repeatedly undermined. The article examines how far prior civil service reforms relate to the changes of the contemporary era instigated by Conservative‐led governments since 2010. As Lowe and Pemberton's work illustrates, the impulse to reform the state and the managerial reforms it unleashed were long in the making. Their legacy can be traced to the emergence of Thatcherism after 1979. The core argument of the article is that the more recent efforts of the Johnson administration to transform the state and undermine the PBS were scarcely original. Rather, they consolidated and drew upon earlier initiatives.     

The Hole in the Centre: A Comment on Lowe and Pemberton,The Official History of the British Civil Service,Volume II: 1982–1997

This article looks at Prime Ministers’ attempts to reform their operation in Number Ten and their relationship with the Cabinet Office in response to frustrations they encounter trying to drive their policy agenda from the centre. Prime Ministers have developed new institutions to bolster their meagre resources in Number Ten. There is particular focus on the experience of John Major in trying to push his Citizen's Charter. It notes how resistant departments were to many of the changes. Finally the article discusses recent changes in Boris Johnson's Number Ten that marked the brief tenure of Dominic Cummings and his clear centralising mission.     

Public Policy and Social Science Training in Israel: The Impact of Structural Change on the Constitution of Knowledge

Recent reforms instituted in the network of higher education in Israel have focused on two elements: adjusting the managerial structure of the universities to make it more amenable to market criteria of efficiency and reducing the proportional weight of state funding to the universities compared to that allotted to the technical and professional colleges. The main elements of this process—increasing power of managers in academic institutions, shifting universities toward entrepreneurialism, the idea of the service university, and the massification of the system of higher education—are characteristic of similar changes in higher education in the U.K., the U.S.A., Canada, and Australia.This article examines the impact of organizational and structural changes on the categories of knowledge produced, and by extension on the production of knowledge itself. By examining changes in the organization of higher education in Israel and in particular in the social sciences, the article suggests that institutional and academic diversification have influenced the categorization of legitimate knowledge pertaining to society, the economy, and the political arena—the traditional terrain of the social sciences—and hence what is considered knowledge worth knowing about these subjects. Finally, the article points to certain political interests that have motivated this change, and examines their larger impact upon Israeli society.     

The Impact of Advertising and Media on the Arab Culture: The Case of the Arab Spring,Public Spheres,and Social Media

The Arab world has experienced some unprecedented social movements, labeled by the media as the Arab Spring. The purpose of this paper is to investigate the role of public policy, advertising, media, and public spheres on the Arab Spring. The media and economic policies enacted in the Arab world in the 1990s played a significant role in changing consumer culture in the Arab region, resulting in significant changes in public policy. Two studies were conducted to test how the change in consumer culture along with new public polices in the region contributed to the uprisings.