Health care financing reforms in Germany: the case for rethinking the evolutionary approach to reforms

Health care reform has been a perpetual issue in German politics since reunification. Reform initially focused on restructuring the health care system of the former East Germany. It has subsequently focused on questioning whether the financing of the German social health insurance (SHI) system is sustainable, in light of economic malaise that characterized the 1990s and heightened global competition. In this article, we document twelve significant attempts to reform health care financing in Germany and critically appraise them according to the principles of solidarity and subsidiarity on which SHI systems were built. While the reforms in the aggregate offered the prospect of addressing the challenges faced by the system, the modest results of the reforms and remaining deficiencies of the system underscore the limitations of the evolutionary approach to reforms. This suggests that reformers should consider a more revolutionary approach.     

我国给付行政正当程序的立法现状研究

处于转型期的我国行政法有两个重要特点,一是给付行政法勃兴,重干预行政法而轻给付行政法的传统格局有所调整;二是行政程序法崛起,重行政实体法而轻行政程序法的传统现象有所改变。但以上两种特点没有有机结合起来,给付行政程序法没有得到应有的重视。给付行政正当程序是给付行政程序的核心。必须努力改变我国给付行政正当程序立法滞后的局面。     

我国刑事非法证据排除规则的立法现状及构想

刑事非法证据的采证问题,是立法机关、学术界争论的一个热点。对刑事非法证据如何抉择,关系到实 体真实与程序正当、控制犯罪与保障人权的价值取向,国家权力与公民权利之间利益冲突的权衡和刑事诉讼目的的实 现。建构我国刑事非法证据排除规则旨在推动我国刑事诉讼理论、立法与司法实务的科学化、民主化。     

我国腐败案件举报制度的实施困境与出路

尽管举报已经成为检察机关办理腐败案件的主要来源和渠道,但从司法实践来看,我国腐败案件举报制度的实施陷入了困境,主要体现在：打击报复举报人现象屡禁不止;泄密现象严重;举报线索成案率偏低;多头举报现象严重;举报线索得不到及时、妥善的处理等。走出困境,需要加强检察机关举报中心建设;强化举报线索的保密工作;充分保障举报人的合法权益;严厉惩治打击报复行为;提高举报线索的查处效率;大力开展举报宣传教育工作。     

Renovating the Commons: Swedish health care reforms in perspective

Recent reform experience in Sweden supports the premise that key dimensions of a country's health care system reflect the core social norms and values held by its citizenry. The fundamental structure of the Swedish health system has remained notably consistent over the past half century, that is, tax-based financing and publicly operated hospitals. Yet on other, nearly as important, parameters, there has been substantial change, for example, the persistent pursuit for thirty years of a stronger primary care framework and the effort to allow patient choice of doctor, health center, and hospital within the publicly operated system. This particular combination of continuity and change has occurred as traditional Swedish values of jamlikhet (equality) and trygghet (security) have been challenged in an environment shaped by an aging population, changing medical technology, and Sweden's integration into the European Single Market. This article explores the ongoing process of health system development in Sweden in the context of the country's broader social and cultural characteristics.     

我国政府律师制度的现状及对策探讨

本文从政府律师的基本理论出发,研究我国政府律师制度面临的具体理论与实务问题,并通过总结研究,提出完善我国政府律师制度的可行性对策,以期对政府律师制度研究领域能有所裨益。     

Financial reforms and regional investment conflicts in China: A game-theoretic analysis

In the transition from a command to a market economy, macroeconomic stabilization poses a grave problem facing the reform governments. A distinct feature of China's economic fluctuations in the post-1979 period has been its “soft-constraint competition”. A two-region game theoretical model is developed in this paper. We find that monetary decentralization in the earlier stage of economic liberalization takes the inflation and fiscal deficits out of the control of the central monetary authorities. The prospective financial reforms will subject local governments' investment drives to the indirect regulations of monetary policy; but by strengthening monetary restraints, will result in massive borrowing from the domestic, or perhaps more likely, the international financial market to finance government deficits, and hence a large build-up in the stock of debts.     

当前我省医疗纠纷审理情况的调研报告

本文以医疗纠纷这一民生热点问题为切入点,总结了近年来我省医疗纠纷审理的基本情况,重点分析了医疗纠纷审理中常见的三大突出问题,即：法律适用＂二元化＂、医疗事故鉴定和医疗差错鉴定并存、医疗纠纷应否适用《中华人民共和国消费者权益保护法》（以下简称《消法》）。《报告》从平衡医患双方利益的角度出发,提出了相应的对策和建议。     

Criminal Violence and Youth in Sweden: A Long-term Perspective

Since the mid-1980s, the Swedish public has become increasingly concerned about juvenile violence. This article confronts the public belief of increasing juvenile violence with systematic criminological data from crime statistics and other sources. Based on police and court statistics, as well as data from victimization studies and cause-of-death statistics, it is concluded that there is good reason to believe that Sweden is currently experiencing an 'enforcement wave' with regard to juvenile violence (particularly in the youngest age brackets), which reinforces the image of dramatic increases in the level of juvenile violence. The reasons why juvenile violence is thought to be on the increase even in the face of a lack of hard empirical evidence are discussed. Four long- and short-term trends are proposed as possible explanations: (i) the well-ordered modern society; (ii) the role of the mass media; (iii) the growth of feminine values; and (iv) the application of an offensive model of crime policy.     

Punking and bullying: strategies in middle school, high school, and beyond

Punking is a practice of verbal and physical violence, humiliation, and shaming usually done in public by males to other males. This definition is based on interviews and discussion groups with 32 adolescent boys and on media sources within which adolescent males are embedded. Discourse analysis findings reveal that punking terminology and behaviors are usually interchangeable with bullying terminology and behaviors. Both practices are purposeful strategies taken up and used by many boys to affirm masculinity norms of toughness, strength, dominance, and control. Implications from this research promote a shift in understandings of how masculinity norms are achieved. Further, the research suggests that by bringing critical attention to social accountability for production of unhealthy norms and the violent practices that affirm these norms, we might well extend the scope and focus of intervention into harmful practices of violence, such as punking and bullying.