论收容遣送制度存在的问题及其对策

收容遣送作为一项治安行政强制措施,对流入城市的流浪乞讨人员进行救济、教育和安置,加强城市管理,维护城市形象和社会治安秩序,发挥了重要的作用,同时在实施过程中也暴露出了许多问题。改进和完善收容遣送制度,有利于保障进城务工人员合法权益,完善社会主义法制。     

依法行政的良好范例

6月18日召开的国务院常务会议,审议并原则通过了《城市生活无着的流浪乞讨人员救助管理办法(草案)》,并将废止实施长达21年之久的《收容遣送办法》。这意咪着收容遣送制度即将从法律文本上寿终正寝。本届政府这种高效负责、依法行政的做法,令国人为之一振。     

救助站的困惑

收容遣送改为救助后,痴呆傻、精神病人成了最头疼的救助对象,也是救助站最感困惑的事情。 国务院废止《城市流浪乞讨人员收容遣送办法》,代之以《城市生活无着落的流浪乞讨人员救助管理办法》后,从根本上改变了城市流浪人员的管理方式和生活状态。 重庆市万州区救助管理站站长黄仲清接受《瞭望新闻周刊》采访时说,新政策出台后,各地的收容遣送站都更名为救助管理站,强制收容遣送职能变成个人自愿求助、政府无偿援助。这对城市流浪乞讨人员来说,     

我们为什么向全国人大常委会递交建议书

我对于收容遣送制度的关注开始于我对农村问题的关注。中国现代化进程中最沉重的问题是农村问题,而对于农村问题的关注如果仅仅停留在农村是远远不够的,因为中国已经步入一个不可逆转的大规模的城市化道路,大量农村问题已经表现为城市边沿问题。几年来,从关注村民自治和农村土地问题开始,很自然我也就开始了对农民来到城市的生活状况的关注,包括他们的希望,也     

劳动教养制度的三维缺陷与重塑

已经存在半个多世纪的劳动教养制度,为我国社会与政治稳定作出了积极贡献。但随着我国政治、经济和社会的急剧发展和变革,劳动教养制度存在的立法、司法及价值观念三维缺陷更加突显,亟需对其理性重塑,以期最大化地发挥其制度理性。     

对流浪乞讨人员救助管理制度的法律思考

近几年,城市流浪乞讨人员的救助管理问题已被人们广泛关注和讨论。2003年《城市生活无着的流浪乞讨人员救助管理办法》取代原先的《城市流浪乞讨人员收容遣送办法》,是国家在人权保障上的进步。然而在社会快速转型时期,流浪乞讨问题十分复杂。试通过分析救助管理制度在现实中的运行困境,探寻改进完善这一制度的路径选择。     

论我国的行政听证制度

行政听证制度是现代民主政治的产物，同时也是现代行政程序法的核心内容。近几年，我国在借鉴西方经验的基础上，已经初步建立起行政听证制度，但是由于处在初期，难免存在着很多缺陷，本文首先从听证制度的相关概念出发，分析了我国行政听证制度的发展情况及其存在的缺陷，接着针对这些缺陷提出了相对应的解决措施，最后综合阐述了对行政听证制度的一些认识。     

“两江”医改模式述评

本文分析了在市场化改革进程中“两江”医疗保险改革的基本现状,并对其制度创新绩效作出若干评论,以期从“经验”和“缺陷”两个方面增加对全面推进我国医疗保险制度改革的理性认识。     

民营经济融资难的制度原因

民营经济虽然已经成为推动中国经济发展的重要力量之一,但中国民营经济的融资现状却不容乐观,民营经济融资难问题已经成为制约中国经济持续发展的瓶颈。民营经济融资难是和银行对民营经济的贷款偏小有关,其根本原因在于信用制度与监督制度的缺陷。这些缺陷造成了中国企业的“道德风险”、逃废债。另外,信用评估制度不完善导致银行难以得到企业信息,而在政府补贴国有企业与银行时,其结果就会是银行贷款偏好国有企业,引起民营经济融资难。解决民营经济融资难的问题需要完善相关制度,制度的完善有赖于提高国家的制度转型能力。     

浅析我国刑事证据展示制度之建构

本文通过对我国法律关于刑事证据展示内容的规定进行评析，指出其存在的缺陷，提出建立和完善我国的刑事证据展示制度的必要性，并为建立和完善我国刑事证据展示制度进行了具体设计。     

Patterns and determinants of public shelter utilization among homeless adults in New York City and Philadelphia

Administrative data on public shelter utilization among homeless adults from New York City (1987–1994) and Philadelphia (1991–1994) are analyzed to identify the relative proportion of shelter users by length of stay and rate of readmission, and to identify the characteristics that predict an exit from shelter. Survival analyses reveal that half of adult shelter users will stay fewer than 45 days over a two-year period (combined stays), and that approximately one half of men and one third of women will experience a readmission within two years of the first admission. Results also document the size and relative resource consumption of a long-term sheltered population, finding that 18.2 percent of New York shelter users stay 180 days or more in their first year, consuming 53.4 percent of the system days for first-time shelter users. Discrete-time logistic hazard regression analyses reveal that, in general, being older, of black race, having a substance abuse or mental health problem, or having a physical disability, significantly reduces the likelihood of exiting shelter. In both cities, people entering shelter in later years are staying longer, although individuals have shorter episodes on subsequent admissions. The implications of this study for the analysis and management of emergency shelter system utilization are discussed.     

Claims to the Past. A Critical View of the Arguments Driving Repatriation of Cultural Heritage and Their Role in Contemporary Identity Politics

Abstract

This article explores the role that the worldwide movement of repatriation of human remains and cultural heritage—from museums and other institutions to minorities and indigenous populations—plays in contemporary identity politics. Beyond the obvious positive outcomes of this process, including a significant democratization of the field of archaeology, the repatriation movement poses challenges, mainly because it relies on concepts such as past–present continuity that are sometimes subtly, sometimes not so subtly, problematic for legitimizing group identities and group claims to cultural heritage and human remains. It is argued that while archaeologists and anthropologists must continue to support the idea of increasing democratization of interpreting the past, they must also maintain the right to remain critical to all claims of the past by any particular group.     

Family Shelter Entry and Re-entry During the Recession in Hennepin County: The Role of Race,Residential Location,and Family Earnings

This article examines the extent to which shelter entry and re-entry increased during the Great Recession (December 2007–December 2009) in Hennepin County, Minnesota. Among successive cohorts of families entering the Supplemental Nutritional Assistance Program (SNAP), Black families were 23% more likely to enter shelter if they were in the 2008–2009 cohort and 28% more likely to enter shelter if they were in the 2010 cohort than if they entered SNAP in 2004–2005. In addition, families who left shelter in 2009 were 39% more likely and families leaving shelter in 2010 were 63% more likely to re-enter shelter than those leaving shelter in 2004–2006. Only a small part of the increases in shelter entry and shelter re-entry was explained by reductions in family earnings. This suggests that the increases in shelter entry and re-entry may have been caused by other factors, such as the decline in the availability of affordable housing.     

Non-Voluntary Return? The Politics of Return to Afghanistan

The forced removal of 35 Afghan nationals from the UK in April 2003 calls into question the viability of the government's voluntary repatriation schemes and undermines the voluntary nature of return programmes. This article draws on the results of research conducted in 2002 to explore the views of the Afghan community about return. We evaluate three motivations for promoting return programmes: justice-based arguments, where return is the 'end of the refugee cycle'; human capital explanations, which focus on individual decisions to reverse the effects of brain-drain; and burden-relieving explanations, where return is an alternative to repatriation. Our findings suggest that domestic interest based arguments, rather than those founded on the protection of human rights, are driving the policy-making agenda. Returns are portrayed as a means of relieving the burden on welfare services, and placating an increasingly anti-immigrant public opinion. As well as individuals forcibly removed from Britain, other Afghans are being urged to return by means of financial inducements, and sometimes under the threat of repatriation. In this context, we can discern a new category of 'non-voluntary' returns where individual choice has little real meaning.     

Finland's NATO membership: Continuous shelter-seeking strategy

This article offers a challenge, in the form of an illustrative case study, to the notion that Finland's NATO membership is a radical reversal in security policy. With the use of shelter theory, it examines how Finland (as a small state), beginning in the Cold War, has actively sought to achieve political, economic and societal shelter from Western organizations. However, due to geopolitical restraints, the country has at various times been unable to fully adopt preferred shelter arrangements, especially within the military security sphere. The analysis indicates that the institutionalisation of Finland's shelter strategy has often been a tedious, diplomatic quest to integrate with the West, contingent upon opportunistically taking advantage of external ‘critical junctures’ to solidify its own interests. The article posits that Finland's pursuit of Western economic and societal shelter during the Cold War transformed into further Western political shelter-seeking in its aftermath and, finally, membership of NATO in 2023. The case of Finland indicates that shelter theory captures the foreign policy strategy of a small neutral/nonaligned state. Nevertheless, our specific case also indicates that the theory ought to take a closer look at four features regarding relations between small and large states, that is how an agressive neighbour can restrict a small state's foreign policy choices, how economic and societal shelter relations may precede political shelter relations (or vice versa), the role of critical junctures within shelter theory, and, finally, how a history of cooperation may be transitioned into full-fledged shelter.     

Shelter Poverty in Ohio: An Alternative Analysis of Rental Housing Affordability

ABSTRACT

In the United States, housing is most commonly considered unaffordable when a household spends more than 30% of income on housing and utilities. Although easy to calculate, it fails to account for how other categories of essential expenses affect income available to spend on housing. This article compares the ratio-based approach with shelter poverty, a measure that accounts for these elements, evaluating differences in results between the two methods among renters in Ohio. Shelter poverty identifies a higher rate of households in economic distress due to housing market conditions. Further, the average “affordability gap” is four times higher using the shelter poverty than with the 30% threshold. Relative to shelter poverty, the ratio method underestimates the unaffordability of rental housing in economically distressed areas, as measured by median household income, and modestly overestimates it in high-income areas.     

Economics and politics of deregulation

The Access Charge Plan, a marginal-cost pricing system for long-distance telephone sewice, was devised by the Federal Communications Commission in 1982 to facilitate the transition from regulated monopoly to competition. In little more than a year after the plan was proposed, as the plan's distributive and competitive impacts were recognized by a host of stakeholders and political interests, a flood of opposition different from the system that had previously existed, nevertheless continued to reflect some of the objectives of the past regime, including subsidies to residential users and some shelter for AT&T's principal competitors. The strength of the political process that produced these modifications was due part to elements in the original FCC proposal that were not essential to its central purpose. swamped the initiative. What emerged, although distinctly different from the system that had previously existed, nevertheless continued to reflect some of the objectives of the past regime, including subsidies to residential users and some shelter for AT&T's principal competitors. The strength of the political process that produced these modifications was due part to elements in the original FCC proposal that were not essential to its central purpose.     

Seasonal Variation in Family Homeless Shelter Usage

Seasonal surges in family homeless shelter usage occur in numerous communities around the United States. These surges are significant because they may place demands on shelter systems, require families to use lower quality shelter facilities, or impose significant costs on the municipalities that provide shelter services. This study uses empirical data from Hennepin County, Minnesota, to provide explanations for the seasonality of family homeless shelter usage. The results suggest that multiple factors may contribute to the surge, but that families with school-age children are the primary driver of seasonal increases in the family shelter population. This study provides initial findings that may help to improve the targeting of homelessness prevention resources.     

Homelessness Interventions in Georgia: Rapid Re-Housing,Transitional Housing,and the Likelihood of Returning to Shelter

Since 1987, billions of dollars in homeless assistance have been allocated annually by the U.S. federal government. Yet few evaluations of homelessness interventions exist. This study analyzes the likelihood that households in Georgia returned to shelter within two years of leaving one of three interventions: rapid re-housing (RRH), transitional housing (TH), and emergency shelter (ES), with the latter serving as a reference. Using propensity scores, RRH households were matched to comparable TH and ES households. Generalized linear mixed modeling then controlled for household characteristics as well as variation between intervention implementations. We find that the likelihood of returning to shelter did not seem to be affected by whether study households were gradually transitioned or rapidly placed into housing. Additionally, the effect of TH for households without children seems highly dependent on the intervention’s implementation, which deserves further study. Our findings are generalizable to a small, better resourced segment of the general homeless population.     

Homelessness old and new: The matter of definition

Abstract

The contemporary emphasis on the pathologies of shelter denizens and street‐dwellers tends to conceal the great variety of makeshift ways of life that have characterized “homelessness” over the centuries. Diversity notwithstanding, those considered “vagrants” were historically marked as suspect members of a poor apart, even when their numbers increased sharply. Because kin ties have consistently proven to be the first line of defense against “literal homelessness,” skid row researchers thought their absence (along with the lack of associated ties to work and community) to be diagnostic of the condition. Indeed, earlier research tended to see as “homeless” any “disaffiliated” persons, housed or not, who lived alone in unconventional dwellings. Not only have the new homeless poor, by contrast, proven to be more diverse—their geographic locus, age, gender, ethnicity, and signal disabilities having all changed—but their common element is less often ascribed to faulty social connectedness than to sheer absence of shelter. This paper discusses such changes and reviews definitions of homelessness and several approaches to its social construction. The paper argues that, although definitions owe as much to political as to logical considerations, it makes both practical and historical sense to view the streets and shelters as but one variant of a class of informal or makeshift residential settings that increasingly characterizes the marginally situated.