英国环境保护命令控制与经济激励的综合运用

本文以英国环境保护政策发展历史为模型,分析命令控制系统和经济激励机制各自在环境保护实践中的利弊,提出应该综合发挥二者优势,充分发挥各自的有效性和经济性,在达到污染防治、环境保护的同时,克服外部不经济性。     

Responsive Regulation and Taxation: Introduction

The implementation of responsive regulation in taxation means influencing the community's commitment to pay tax through respectful treatment, through attending to resistance and reforming faulty processes, through fairly directed and fully explained disapproval of non-compliant behavior, through preparedness to administer sanctions, and capacity to follow through to escalate regulatory intervention in the face of continuing non-compliance. Responsive regulation and regulatory formalism are pitted against each other in this issue on responsive regulation and taxation. Normative and explanatory arguments in favor of responsive regulation are explored by data collected in taxation contexts; and institutional obstacles are identified that limit effective implementation.     

Behavioral Economic Analysis of Crime: A Critical Review

Behavioral economic analysis of law is about bringing recent research about behavior and choice together with classical law and economics. In this essay we assess its relevance for the theory of optimal law enforcement. It is our view that criminal law is an area where behavioral analysis has a role to play. Notwithstanding the results so far provided by the behavioral approach are somehow disappointing.     

Integrative Regulation: A Principle-Based Approach to Environmental Policy

This article builds on recent field research to articulate a principle-based approach to environmental regulatory design that is applicable to a wide variety of circumstances, irrespective of political and social particularities. At its core, this approach recognizes that an excessive reliance on "single-instrument" policies is misguided, because all instruments have strengths and weaknesses, and none is sufficiently flexible and resilient to successfully address all environmental problems in all contexts. A better strategy is to harness the strengths of individual mechanisms while compensating for their weaknesses by the use of additional instruments. That is, in the large majority of circumstances, a mix of regulatory instruments is required, tailored to specific policy goals. The article identifies a series of regulatory design principles that sequentially address the problems and opportunities arising from the application of multi-instrument mixes and engaging a variety of first-, second-, and third-party participants in the regulatory process. The importance of choosing inherently complementary instrument combinations is also highlighted, with practical guidance provided to policymakers. Although the focus of the article is on environmental regulation, the general principles articulated should also be applicable to other areas of social regulation.     

Decentralised Environmental Taxation in Indonesia: A Proposed Double Dividend for Revenue Allocation and Environmental Regulation

This article proposes a means for implementing environmentaltaxes in Indonesia at the sub-national government level, asa mechanism for correcting resource misallocation and negativeexternalities, specifically environmental protection and clean-up.The concept of environmental taxation is first reviewed, ingeneral terms. The ongoing fiscal decentralisation in Indonesiais then discussed as a potential legal framework for environmentaltaxes at a sub-national level. It is suggested that a combinationof environmental taxation with fiscal decentralisation wouldgive provincial and local governments in Indonesia a much-neededincreased revenue stream. It would also provide a further greendividend of effectively regulating and ameliorating negativeenvironmental effects. Implementation of the Indonesian fueltax beginning in 1997 is considered briefly as an actual casestudy of such environmental taxation at the sub-national level,with discussion of the effectiveness and efficiency in its (limited)administration by regional governments rather than the centralgovernment. Finally, within the context of fiscal decentralisation,widespread corruption and other potential hindrances to implementingenvironmental taxes at the provincial and local government levelin Indonesia are discussed and areas for further research andstudy are suggested.     

专题导读:数据权力的扩张与规制

数据,即权力。大数据、人工智能、云计算等信息技术的创新造就了“万物皆可量化”的技术繁荣景象,原本用以客观记录过去事实的数据转变成为评估当下可能性和预测未来趋势的战略资源。当人们打开网上购物平台时,不必惊讶于首页推荐的商品类型、价格和品牌均符合自己的预期,因为过往的购物数据和相同人群的购物数据成功揭示了个人的购物习惯和偏好。同样地,当人们打开新闻分发平台,也不必诧异于新闻内容正是自己感兴趣的那部分,因为频繁点击、长时间阅览的新闻内容正在说明你关注的社会领域。这一切的“未卜先知”不是偶然,而是以“数据算法”为运作机理所形成的数字权力扩张结果,因为在数字社会,人们的生活方式、日常选择均受到历史数据潜移默化地影响。值得注意的是,“数据盛世”的背后潜藏了新的社会风险和治理难题:个性化推送在优化用户体验的同时却也限制了用户可能接收信息的实际范围和类型;自动化决策在提升商事效率的同时却忽视了人格尊严和私法权益的保护;人脸识别数据比对技术在实现身份核验便捷化的同时却引发了新一轮个人信息安全危机。     

Social Justice and Environmental Management: An Introduction

Social Justice Research -     

Brazilian Environmental Laws and Policies, 1934–2002: A Critical Overview

This article describes and analyzes major laws, decrees, regulations, resolutions, and institutional mandates linked to environmental protection policies in Brazil, from 1934 to 2002. It argues that many early regulations resulted basically from centralization and planning policies conducted by a development-oriented state. However, it shows that most recent regulations were demanded by a more environmentally aware and more organized civil society, in the context of a more participatory and democratic political framework and improved scientific knowledge and requirements.     

A Theoretical Analysis of Alcohol Regulation and Drinking-Related Economic Crime

Alcohol consumption is widely believed to influence criminal activity, and numerous sociological, criminological, and psychological studies demonstrate an apparent positive correlation between drinking and crime. Using a multiattribute model of offender and victim behavior, this study examines the theoretical effects of changes in the price of alcohol on the incidence of crimes committed for economic gain. It is shown that in the general case price effects do not result in an unambiguous decrease in the rates of crime or victimization even when the models are constructed to impose a bias towards the finding of a causal negative price effect. Using a modified model of the drinking offender that imposes even further structure on the model, it is shown that the realization and magnitude of a negative equilibrium alcohol price effect will likely depend upon the implementation of complementary alcohol control policies. The implications of the theoretical analysis to policy implementation and empirical research are also considered.     

限制与促进竞争的经济管制

邮政垄断、打烊时间规定、手工业学徒满师考试合格证书、劳工解雇保护、药品经营义务、特价销售折扣———这些关键词来源于完全不同的经济领域 ,但却有共同之处 ,即揭示了政府经济管制的领域 ,揭示了政府对市场领域的干预 ,而这些产业近期又面临着管制的解除。只要注意一下日常的报纸和新闻报道就会很清楚地感受到由此而呈现出来的政策上的情绪化。本文并不想对此进行个案研究 ,而是希望结合具体化讨论来对这一问题进行体系上和结构上的分析。自从 2 0世纪 80年代以来 ,在欧洲就开始了广泛的解除管制运动。发端于美国的这场运动首先波及英…     

Prison Recruitment as a Policy Tool of Local Economic Development: A Critical Evaluation

Like the sports franchises and foreign auto plants that preceded them, state and local governments are touting prisons as the latest means of economic miracle‐making, often for small towns and communities that are economically depressed. The building of prisons is supposedly tied to the development of a just, fair, and rational criminal justice policy in a civil democratic society. Prison building has positive and negative social and political consequences for these communities. This critical essay explores some of these consequences in light of the literature on prison siting, the experiences of communities and prisoners, and relevant statistical data in the public domain. It also offers an alternative framework for evaluating prison recruitment as a strategy for local economic development.     

Regulation by Reward: On the Use of Incentives as Regulatory Instruments*

This essay explores the use of positive reinforcement as a regulatory strategy. It discusses both financial and symbolic incentives and their application in furtherance of regulatory compliance, and presents various illustrative examples of the use of positive incentives by regulatory authorities. It then reviews the advantages and potential shortcomings of regulatory incentives, and suggests principles by which incentive instruments can be used as part of an overall regulatory regime.