Regulatory Agencies and Interest Groups in Occupational Health and Safety in Great Britain and West Germany: A Perspective from West Germany*

In this paper, results are introduced of an empirical study which investigated the practice of occupational health and safety regulation in two countries, Great Britain and West Germany. The analysis concentrates on the specific relationship that regulatory agencies and the concerned interest groups, employers and trade unions, develop in the two stages of policy formulation and implementation of health and safety regulation. Results show that interest groups actively participate in the regulation-making systems in both countries. Their policy pursued in this process is influenced and mediated by their actual resources as well as by individual views and assessments of each side's representatives. In Germany, a strong fragmentation with numerous private and quasi-governmental bodies entitled to formulate standards makes it difficult for the interest groups to concentrate on the competent and important committees. In contrast, we find a clearer responsibility of bodies and committees in the case of Britain. In both countries, enforcement policy prefers an advisory and persuasive style even though the legal backgrounds are quite different.     

司法部司鉴所赴欧技术考察报告

2006年10月22日至11月3日,以司法部司法鉴定科学技术研究所(以下简称司法部司鉴所)所长沈敏为团长、副所长朱元戎为副团长的司法鉴定技术考察团一行12人,     

Physician payment and cost-containment strategies in West Germany: suggestions for Medicare reform

The West German health care system pays ambulatory care physicians on a fee-for-service basis but employs a national relative value scale and regional capitation-based revenue pools to achieve expenditure controls on total physician reimbursement. Physician-controlled organizations manage these pools and conduct utilization reviews on their own members. The capitation rates are determined by negotiations between the physician associations and health insurers. The West German government has been able to exert some influence on the outcome of these negotiations through a quasi-governmental advisory body. Aspects of this structure could be adopted by Medicare in order to determine conversion factors for resource-based relative value scales or to create expenditure control and incentive structures for Medicare-participating physicians.     

再论美国宪法的特点--兼与英、法、德、日宪法比较

总结了美国宪法具有四个特点,即确立了有限政府原则、确立了权力分立与制衡原则、实现了宪法的司法化、具有较高的稳定性和灵活性,分别就这四个特点进行了分析、论述,并与英、法、德、日四国宪法的相应方面进行了比较.通过对美国宪法的特点及其相互关系的分析,从中可以看出有限政府、宪法与法治之间的依存关系.     

'Cultural Defence' of Nations: Cultural Citizenship in France, Germany and the Netherlands

This article presents a new development in European immigration policy. Focusing on France, Germany and the Netherlands, I describe a process of 'culturalisation' of admission and citizenship rules in Europe intended to reinforce liberal values and national identity. I then suggest a two-stage set of immigration-regulation principles: in the first stage, immigrants would have to accept some structural liberal-democratic principles as a prerequisite for admission. While Europe has criteria for state admission, anchored by the Copenhagen Criteria, Europe has not yet formalised definite criteria for immigrants' admission. In the second stage, as part of the naturalisation process, immigrants would be expected to recognise and respect constitutional principles essential for obtaining citizenship of a specific state. I call this concept 'National Constitutionalism'.     

Costly Signals: Voter Responses to Parliamentary Dissent in Austria,Britain, and Germany

When Members of Parliament (MPs) disagree publicly with their party, this provides a signal to voters regarding both their political views and their character valence. We argue that the strength of this signal to voters depends on the personal career costs an MP incurs by dissenting. The greater the perceived costs of dissent to the MP, the more positively voters should react to dissent. In line with this theory, we use a series of conjoint analysis experiments in Britain, Germany, and Austria to show that: (1) dissent has a more positive effect on voter evaluations in systems where the costs of dissent are higher, and (2) more costly types of dissent have a greater impact on voter evaluations. These findings have important implications for understanding how voter evaluations of MPs depend on beliefs about parliamentary systems and how parliamentary institutions condition the link between voters and MPs.     

Emergent patterns in the regulation of pharmaceuticals: institutions and interests in the United States,Canada, Britain,and France

Although industrialized nations regulate pharmaceuticals to ensure their safety and efficacy, they balance these concerns with those related to the timeliness of the approval process and the burdens involved in meeting regulatory criteria. The United States, Canada, Britain, and France have adopted different approaches to the regulation of pharmaceuticals that place varying emphases on these competing goals and involve the participation of private interests to different extents. The regulatory approval processes and the government-industry relationships inherent within them are compared in the United States, Canada, Britain, and France by analyzing five features that distinguish the U.S. pluralist from the European corporatist approaches to policy development: representation (internal versus external), process (closed versus open), stance (informal, accommodative versus formal, adversarial), institutional power (fragmented versus centralized), and resources. An institutional framework further characterizes these approaches as based on models of managerial discretion and adjudication (United States), consultation (Canada), and bargaining (Britain, France) to clarify the patterns that emerge. While the approach that most effectively supports product safety involves managerial discretion as occurs in the United States, formal mechanisms for negotiation might be incorporated rather than a reliance on the judicial process. In an era of globalization and regulatory harmonization such divergence has significant implications. First, where harmonization in Europe involves the mutual recognition of one country's product licensing decision by the others, differences in evaluative processes remain important. Second, as harmonization leads to a common set of regulatory criteria, the criteria adopted tend to be those of nations with the least stringent regulatory standards, making evident the need for more responsive systems of post-market surveillance to protect the public interest.     

Employee Insolvency Priorities and Employment Protection in France,Germany, and the United Kingdom

When an employer becomes insolvent, employees’ claims for unpaid wages and contributions may be protected through statutory priorities, social security schemes, or a combination of both. This article compares the interplay of employee statutory priorities, if they exist, and social security schemes in France, Germany, and the United Kingdom. While France protects employees through both a statutory priority and a social security scheme, Germany and the United Kingdom have progressively reduced employment protection over the last forty years. Theories of varieties of capitalism and of legal origins cannot fully describe and explain the development of employment protection strategies in these countries. The evolution of the German and British regimes, in particular, are better explained as a sign of profound cultural shifts regarding the position of labour within firms and vis‐à‐vis other stakeholders. Finally, I also show that a cumulative application of employee priorities and insurance schemes is not necessarily redundant.     

Hard responses to corruption: Penal standards and the repression of corruption in Britain, France and Portugal

Despite its difficulties and inconsistencies in framing those practices andconducts recently unveiled by the press and judicial investigations whichhave caused considerable public discontent, the penal definition ofcorruption still highlights an interesting conceptual diversity across spaceand time that should not be overlooked. Most official discussions about andreferences to corruption and its volume are still framed within these hardparameters. It is, therefore, important to look at the intricacies ofcorruption as a crime in order to understand the virtues and failures ofnational repressive efforts. While crime statistics are of limited use for itsmeasurement, they can nevertheless help to interpret the way corruptionhas been treated through repressive instruments cross-nationally over aperiod of time.The aim of this paper is to assess the dynamics of the various processes ofsetting and revising penal standards to the conduct of office holders and theresults observable from the application of corruption and related offencesacross countries with different legal traditions.     

The healing profession needs healers: the crisis in medical education

In this article, Dean and professor Albert E. Gunn explains that there is something wrong with the medical profession today. The lack of opposition by physicians to current practices that contravene basic human nature is disturbing. Gunn believes an origin of the problem lies in the process of the selection of medical students. Selection has been biased against the very traits that should make a person a good, caring physician. Gunn recommends looking favorably upon, even recruiting, applicants with a broad education in such subjects as history, philosophy, and literature, rather than just basic, technical science knowledge that they are currently being encouraged to study. Applicants should be recruited who are highly educated and able to think for themselves on important issues. Another bias the author has observed is that against applicants who possess a religiously justified morality. Such applicants are asked to justify and defend such a stance. Gunn believes that the fact that applicants who possess these traits are not considered highly desirable, much less preferred, is the basis of the deterioration of the medical profession, and recruiting such independent-minded, ethical, religiously motivated candidates could be the answer to reviving it.