关于制定我国《动物福利法》的思考

在倡导人与动物和谐共处的当今社会，许多国家颁布了动物福利法。西方发达国家关于动物福利法的理论和实践已经日趋成熟。目前我国动物福利状况不容乐观，国民的动物保护意识比较淡薄，虐待动物的事件时有发生。而且我国动物保护法体系存在不少缺陷，动物福利立法仍处于空白状态。中国成为WTO成员国后，动物福利问题很可能成为新的贸易壁垒。因此我们应当在充分考虑本国实际情况的基础上，大胆吸收和借鉴国外先进的立法经验，适时制定一部富有时代特色和民族精神的《动物福利法》。这样不但能提高国民保护环境和爱护动物的意识，而且能为我国经济、社会的可持续发展注入新的动力，以适应全球环境保护发展趋势的要求。     

论动物福利立法的限度及其定位——兼谈动物福利立法中动物的法律地位

从道德和道德法律化的角度看,给予动物福利其实就是科加人对动物的道德义务,而动物福利立法的实质便是把这种道德义务上升为法律义务,即实现动物道德的法律化。不过,动物并未就此获得法律主体地位,它只是一种"物格"弱于一般客体物的"准物"而已。由于道德法律化是有条件的,动物福利立法也应有限度,只有那些获得社会普遍认同和共同遵守的基本动物道德,才可通过立法程序上升为法律规范。对此,我们可用"利益关系分析法"和"利益层次分析法"来大致界定"基本动物道德"的范围;用自卫原则、对称原则、最少损害原则、分配正义原则以及补偿正义原则,来对动物福利立法进行较明确的定位,以妥善处理动物福利和人的利益的关系。     

The Sooner the Better: The Arguments for the Use of Extended Welfare Assessment Grids in Animal Welfare Cases

Animals are protected under national animal welfare legislation, against intentional acts of cruelty and a failure to act, resulting in neglect and causing an animal to suffer. The Royal Society for the Prevention of Cruelty to Animals (RSPCA) bears the responsibility of investigating and prosecuting the majority of animal welfare offences in England and Wales. In recent years, how they operate has been criticised, and it has been debated whether they should be able to bring private prosecutions, and what their role should actually be. This criticism calls for a change in the way in which the RSPCA approach cases of animal welfare, to strengthen their continuing role in ensuring positive animal welfare is achieved and, where not, prosecuted. This paper outlines the need for a new approach and how it can be managed. Honess and Wolfensohn (Altern Lab Anim 38:205, 2010) have developed an Extended Welfare Assessment Grid (EWAG), a visualisation mapping tool of welfare impact, which has been useful for assessing the welfare of animals used in laboratories. This tool has proven so useful, veterinarians are now using it in veterinary hospitals to help assess whether an animal is likely to further deteriorate, due to disease and illness, and to show any short-term welfare impact on the animal (Williams in UFAW conference, Newcastle upon Tyne, 2018). This paper will explore the potential for the EWAG to be adapted to assess the welfare of animals when owners are not meeting the welfare needs of their companion animals. RSPCA can use it to support their assessments of the current welfare of an animal under a person’s ownership and whether the animal’s welfare will deteriorate should they remain under that ownership. The EWAG will be a useful tool for those working in animal welfare, such as the RSPCA, to help organisations to intervene earlier, work in partnership with an owner, and support their claims of a risk to animal welfare.

     

The New Puritanism: The Resurgence of Contractarian Citizenship in Common Law Welfare States

In common law jurisdictions, legislative reforms to their welfare states are frequently framed in terms of their innovative nature. However, such legislative reforms, on the contrary, may be representative of a more historical ‘puritan’ view of welfare and citizenship, the doctrines of which originate in the aftermath of the sixteenth‐century Protestant Reformation, and which developed in the following centuries. The core values of this era have always remained within welfare legislation and policy in common law states, and appear to have experienced a resurgence in recent times. These puritan values manifest themselves within welfare legislation under certain distinct themes, which will be expanded upon. The extent to which values of puritan Christianity renders welfare legislation in common law welfare states distinct from that of other welfare states is also a theme which is examined. In addition, the utility of this ‘puritan’ approach towards welfare law and policy is also discussed.     

Welfare and property crime

In 1996 the U.S. federal government enacted a welfare reform bill aimed at reducing public assistance to the poor. This legislation may have implications for future levels of property crime. In this study we examine whether differences in levels of AFDC assistance and rates of welfare participation among 406 large metropolitan counties affected variation in burglary, larceny, and motor vehicle theft. Regression analyses controlled for the potential effects of family structure, divorce, unemployment, and a number of other variables. The results confirmed links between welfare and property crime suggested by strain, social support, and a version of social disorganization theory. Both monetary assistance levels and participation rates were associated negatively with all property crimes.     

生态公益林效益补偿法律制度与政策机制的建构创新——结合广东省相关实践考量

森林生态效益补偿制度是实现森林生态价值、发挥森林作为生态环境建设主体作用的基本保障。我国生态公益林补偿历经由政策个别调整到立法普遍调整的渐进过程，且部分地方（如广东省）立法及政策试点实践已获得某些示范性经验。然而，相关政策法律机制还存在亟待解决的矛盾问题，特别是生态公益林补偿的投入与利益保障机制需要合理构建，这是全面推进生态公益林建设的关键。分析生态公益林补偿政策与立法现状，结合广东省等相关实践考量，重在探索我国生态公益林补偿制度规范及实施机制的创新思路。     

福利社会与发展中的斯堪的纳维亚福利国家

欧洲各国致力于福利国家的建设已逾百年,经历了两次世界大战.各国在社会投入水平和福利机构方面的巨大差异至今仍在,但是各国对于福利社会的可持续性的认可和公众对福利社会的高度承诺则是基本一致的.各福利社会有来自各方面的维系:中央政府或地方政府、公司企业、家庭和自发组织的机构.不同的福利社会体系与它们之间的关系长期以来对欧洲各福利国家有着不同的意义,形成了具有不同特点的福利制度.在20世纪最后十年里重建福利国家的痛苦过程中,经济增长和社会发展之间的关系一直是整个斯堪的纳维亚地区社会问题的争论热点.然而到目前为止,效率与平等之间的冲突大多得到了解决,在北欧五国都保持了福利政策的稳定.该地区独特的历史经验并不排斥发展中国家的政府和机构为了发展福利事业而积极推行普及政策所做出的努力.     

Lawyers, Legislation and Social Welfare

Efficiency considerations have played an increasing role in the development of legal doctrine over the last decades. Our paper investigates the consequences of the efficiency doctrine for the long run allocation of human resources between the legal profession and other professional activities. It is argued that a short run pursuit of the efficient scope of legislation may create an inefficient oversupply of lawyers under free entry into the legal profession. Self-regulation of entry into the legal profession by the bar association may provide higher aggregate welfare. Liberalization of professional entry can explain both the expansion of legislative activity and the unprecedented growth rate of the legal profession in many countries.     

Wildlife management,the multilateral trade regime,morals and the welfare of animals 1

Abstract

Various states (and groups of states such as the European Community) have adopted legislation designed to raise standards of animal welfare in many areas including agriculture, companion animals, experimentation and testing, transport, and hunting and trapping methods. Much of this legislation has resulted from extensive lobbying and intense political wrangling. Where the legislation affects animals as products (or animal derivative products such as their pelts or their meat), legislators frequently resort to external facing trade measures to support the moral stance taken in the legislative instrument. At this point potential conflicts with the precepts of the multilateral trade regime operated by the World Trade Organisation arise. The extent to which the relevant provisions in the WTO portfolio of agreements (and the predecessor text of the GATT 1947) assist the cause of animal welfare is limited by both the texts themselves and the narrow interpretation of those texts by WTO/ GATT dispute panels. Non‐governmental organisations involved with animal welfare issues are concerned that the WTO regime will inhibit the development of animal welfare protection legislation and are also concerned that the net result may be a retardation of the development of animal welfare measures in the face of open market competition. This article explores the background to, and substance of, this contention particularly in the context of the European and International legislation designed to deal with the welfare of trapped wild animals and also with other animal welfare legislation having international trade implications. Moreover, the findings of such an examination have much broader implications in that they have relevance to any legislation based on public morality which seeks to enforce that morality through external facing trade measures.     

Welfare Reform and the Shifting Threshold of Support for Disabled People

Among the highly significant changes to the benefits system made by the Welfare Reform Act 2012 is provision for a new disability benefit, personal independence payment (PIP). PIP is replacing disability living allowance (DLA), received by three million people, as the principal form of state financial support towards disability‐related care and mobility costs for those of working age. The legislation, including regulations prescribing a new disability assessment framework, plays its traditional role in this field of rationing access to benefit and directing front‐line policy implementation. This article examines how, in the context of the Coalition government's welfare reforms, PIP shifts the threshold of entitlement for people with disabilities and it assesses PIP's potential impact on equality and the right to independent living, to whose realisation disability benefits may be expected to contribute significantly. It also considers the impact on disabled people of other relevant reforms, including the controversial ‘bedroom tax’.     

论土地征用之公益目的性

公益目的性是土地征用制度合法性的基础 ,由于价值判断的多元性 ,对公共利益的理解千差万别。公共利益实际上并非纯粹抽象的概念 ,对其进行解释有可能性和现实必要性。我国应改变土地征用行为中由行政机关随意解释公共利益的制度设计     

一种双重面向的权利——论福利权的法律性质

尽管,福利权为美国学者所采取的主要用语,但在其他不采用该用语的国家,福利权的类似争论也在进行.其中,主要涉及到福利权是消极权利还是积极权利、福利权是道德权利抑或法律权利以及其是否需要宪法规定.而事实上,福利权可能更是一种带有混合性质的权利,在不同的面向上需要不同的保障方式.     

The Hispanic Experience of the Child Welfare System

As the Hispanic population grows in the United States and the child welfare system, it is necessary to examine how experiences of Hispanic families differ from those of White/Caucasian families and to assess whether Hispanic families’ needs are properly addressed. This literature review will examine research on the outcomes and experiences of Hispanic families in the child welfare system and how case characteristics interact with the experiences of Hispanic families. This article will then explore theories for Hispanic families’ different experiences and conclude by recommending future directions and solutions for improving the experiences of Hispanic families in the child welfare system.     

论司法鉴定机构的公益性建设

从属性上分析。司法鉴定应当是政府着力提供的一种公共服务,具有公益属性,作为司法鉴定依托的司法鉴定机构应该以公益性建设为主导的价值方向。为侦查服务的侦查机关内设鉴定机构具有天然的公益性,但实践中出现的一系列问题也使其公益性出现偏位．从而引起人们对其公益性的质疑。在全国人大常委会《关于司法鉴定管理问题的决定》指引下的司法鉴定机构建设过程中,应该避免社会司法鉴定机构走向市场化的竞争域,从而保障鉴定意见这一法定证据的公正性、客观性和中立性。从现行鉴定体制出发,以建设国立司法鉴定机构为向导,使司法鉴定机构走向公益性的良性发展道路．是所要探讨的一个核心问题。国家级司法鉴定机构的公布,标志着我国司法鉴定机构公益性建设的开端．以此为契机,应认真思考公益性建设的进路。     

社会福利保障的宪法路径选择

世界各国宪法保障社会福利有两种模式,一种是在宪法中列举各种社会权利的"社会权"保障模式,另一种是仅在宪法中明确建设社会国家的原则或者类似条款的"社会国"保障模式。从我国《宪法》的现有规定及其变迁、宪法的解释与学界的解读看,我国属于"社会权"模式。"社会权"保障模式的缺陷是随着民众追求平等意识的成长、市场机制的扩展和公民权利意识的增强,社会福利可能借助宪法无序、无限地扩张。通过淡化社会福利的权利性质、转变社会权的合宪性审查的方向、扩展反射利益推进社会福利以及贯彻宪法设立的可承受性、适度性原则,可以推进我国社会福利宪法保障模式由"社会权"模式向"社会国"模式转换。     

Distributive Justice and Attitudes Toward the Welfare State

Current debates concerning the viability of the welfare state evoke the question of the social bases of support of the welfare state. Past research has documented fairly consistent relationships between sociodemographic characteristics and attitudes toward welfare policies. Yet, the nature of these relationships is not well understood. In the paper we argue that the level of support for the welfare state is largely determined by the principles of distributive justice espoused by individuals as well as their images of society. We develop a theoretical framework, which outlines the structural relationship between social attributes, principles of justice, perceived conflict, and support for the welfare state. Using data from a recent population survey on the legitimation of inequality, conducted in Israel in 1999 (N = 1057), we test a number of hypotheses. For the empirical analysis we use structural equation modeling with multiple indicators. Our findings reveal substantial support for policies aimed at reducing inequality. At the same time we find strong support for rewards according to merit and unequal earnings distribution. The impact of social attributes on attitudes toward the welfare state is partially mediated by the justice principles and images of society.     

Public and Parliamentary Attitudes to Welfare

One of the core functions of parliament in the United Kingdom is arguably to represent the views of the people. While opinions differ as to the precise nature of this representation, one would expect to find a broad measure of comparability between public opinion and the opinions of those representing the public in parliament.

This article examines the extent to which shifts in political attitudes towards the welfare state have been reflected in public opinion, particularly since the election of New Labour in 1997. Using data derived from a series of interviews with MPs from all sides of the House of Commons, and information on public attitudes to welfare collated from the British Social Attitudes survey, it seeks to identify and explain areas of disagreement and consensus in public and parliamentary attitudes to welfare. It focuses in particular on questions regarding commitment to state welfare provision, priorities in welfare spending and attitudes towards funding for welfare services.     

Examining the Externalities of Welfare Reform: TANF and Crime

This study explores the relationship between welfare policy variation in the United States following the introduction of Temporary Assistance for Needy Families (TANF) and its relationship with various types of crime. While early studies of the effects of welfare assistance on crime consistently found a negative association, more recent examinations have complicated these findings. Nearly all prior research focuses on Aid for Families with Dependent Children or early years of TANF. Examining a longer time-series and using propensity score weighting to model the tendencies of states to select into more stringent welfare regimes, we find a strong association between states with greater levels of welfare restrictiveness and higher rates of violent crime. There is mixed evidence that this relationship also exists with property crimes.     

Profiles of Victimized Women Among the Child Welfare Population: Implications for Targeted Child Welfare Policy and Practices

Despite the call to address domestic violence along with child maltreatment, little information exists to guide services for victimized women involved with child welfare. Research shows that victimized women contend with multiple problems stemming from violent victimization. Unfortunately less is known about combinations of needs and resources among victimized women, especially for those involved with child welfare. Through an examination of needs and resources among families with child maltreatment and domestic violence, we aimed to help address this knowledge gap. Needs and resources among 1,229 victimized caregivers were examined using the National Survey of Child and Adolescent Well-being (NSCAW). Using latent class analysis, four distinct multivariate profiles of needs and resources among victimized caregivers were identified. Significant differences were found among the profile groups in the family violence they experienced in the 18 months following child welfare investigations. Based on these findings, we discuss implications for tailored practices to enhance the safety of victimized caregivers involved with child welfare. An earlier version of this paper was presented at the 9th Annual Conference of the Society for Social Work and Research, Miami, Florida in January 2005.     

论公益行政诉讼制度的构建

公益行政诉讼是为了排除传统的原告适格理论的阻却而在无传统诉权人的情况下 ,为公益目地而设定的一项救济制度 ,应通过纳入法律援助制度 ,设立前置程序 ,放宽原告起诉条件的审查标准及防止滥诉来保障公益行政诉讼制度的建立。