法律治理中的激励模式

法律治理的最高境界是实现非强制性的法律激励。法律激励的场域存在于法律关系的实践之中。法律激励的实现模式主要包括三类六种模式:权利模式与义务模式、奖励模式与惩罚模式、助力模式与阻力模式。各种模式之间具有相互联系、互相辅助的关系。     

Selection and Incentives in the Electoral Security‐Constituency Communication Relationship

The relative importance of selection and incentives is essential for understanding how elections structure politicians’ behavior. I investigate the relative magnitudes of these two effects in the context of US House members’ constituency communication. Consistent with previous research, I find that there is a negative cross‐sectional relationship between electoral security and the intensity of constituency communication. The negative relationship holds in a panel‐data setting where only within‐legislator variation in electoral security is used to identify the effect of electoral security on legislator behavior. Due to the likely presence of myopic voters, the impact of electoral security increases as the election approaches. Point estimates suggest that the total effect is almost entirely driven by incentives, and I am able to reject the hypothesis that the incentive effect is zero at conventional levels of statistical significance.     

Contracts, Investment Incentives and Efficiency in the Restructured Electricity Market

The paper highlights and analyzes the tension between designing power sale agreements that reduce uncertainty for the private investors and running the power systems as more efficiently as possible in the restructured electricity market. The features of such agreements are preliminary in resolving this tension and, therefore, in orienting the development of electricity markets restructuring towards a competitive direction. We define a theoretical contractual model, highlighting the tension between the two opposite directions: reducing uncertainty and risk in order to attract private investment and operating the power system efficiently. We apply the theoretical model for analysing the formal structure of a selected sample of power purchase agreements, really operating in the restructured electricity markets all over the world. We show how competitive contracting can increase efficiency pressures and, at the same time, increase investment risk. We then discuss some policy implications for the design of power purchase contracts in the restructured electricity market.     

Social justice in the large and small

Social justice is an issue at both the large or even whole-society level and the very small group or dyadic level. If it is an issue in distribution of resources or welfare, rather than an issue of procedure, it requires very strong interpersonally comparable value judgments. This generally distinguishes it from other small and large group moral and political problems, which can often be resolved satisfactorily without such a strong value theory, in particular without interpersonal comparisons of welfare, because their resolution can yield mutual advantage to all concerned. At the dyadic and small-group level social justice is the philosopher's problem of beneficence; at the large level it is the problem of distributive justice. Much of the social-psychological literature on social justice deals with the small-scale problem; political theory is generally concerned with the large-scale problem. Yet, strategically and in their value theory requirements, the two problems are in many ways analogous. In both variants of social justice the core problem is a pure conflict interaction in which one party or group must bear a cost in order that another party or group may benefit.     

社会福利事业的发展与我国和谐社会建设

随着国家经济、社会的发展,逐渐加大社会福利事业的总支出,逐渐提高国民收入分配中的再分配比率,是当今世界发展的普遍规律.中国建设和谐社会,既要重视在初次分配领域深化分配制度改革,规范分配秩序和在再分配领域健全社会保障体系,又要充分发展社会福利事业."十一五"期间中国社会福利事业应当有一个"中等水平"的发展,增加社会福利的项目,增加财政资金的投入.     

社会保障权利的内容结构与性质分析

社会保障制度往往能够反射一个国家政治体制、文化机制和经济制度,更能凝聚并浓缩一个社会的本质,体现一个民族国家的特质,由此构成了一个国家社会制度的骨架。从大多数国家社会保障法律的权利内容看,它主要由社会保险权、社会救助权、社会福利权三部分组成。     

卡多佐的社会功利观——解读《司法过程的性质》

贯穿卡多佐《司法过程的性质》一书的核心问题是法官在司法过程中究竟如何作出判决的问题.基于此问题,卡多佐提出了哲学、历史、习惯和社会学这四种方法.重点对卡多佐的社会学方法,尤其是其中的"社会福利"进行分析,进而得出卡多佐背后更深层之社会功利观的支配性作用的结论,并对其社会功利观提出的原因--对形式主义的反对进行了重点论述,最后对其社会功利观提出了一点质疑.     

中原行政管理现状分析及法治行政环境的构建

建立精简、高效、负责的法治政府，提高政府公务人员的依法行政意识和行政管理水平，是构建区域发展法治环境的重要方面。目前，中原地区的行政管理及其体制均存在一些缺陷，与中原崛起的要求还存在很大差距。需要我们从政府职能转变、政府行政体制及权力配置改革、机构设置法定化、行政观念转变、加强行政执法等多方面努力，尽快构建推动中原崛起的法治行政环境。     

Christian Wolff on Subsidiarity, the Division of Labor, and Social Welfare

In more than one way Christian Wolff (1679-1754) has provided the grammar for modern social sciences in general, but economics in particular. Next to his path-breaking contributions to philosophy and international law, which are generally recognized, he has also pioneered the social sciences and provided the notions with which modern economics is still largely working. This is important also for modern law and economics research, since Wolff conceived of both law and economics still largely as one discipline and therefore was able to integrate naturally what has today to be integrated conscientiously, and with effort.     

Social stratification: Individual importance and social welfare

A method to estimate a household's social status in a stratified society is described. We do not leave it up to the respondents what is to be understood by status, as most methods do, but define it as the weight of the household with respect to social welfare. In order to operationalize this individual relative importance concept we measure and utilize the individual welfare evaluations. Our empirical results for a data set collected in the Boston area in 1983 show the dependency of social status and social stratification on individual characteristics. A comparison made with some other methods shows the feasibility of our approach.     

商业银行践行社会责任的内在诱因与理论基础

近几年来,国内外银行业掀起一股践行社会责任的潮流。无疑,商业银行践行社会责任不仅是促进社会和谐的必然要求,也是提升自身竞争力的重要途径。由此,商业银行社会责任运动在国内外的兴起是一种必然。可持续发展理念的提出与普及并由此引发的国内与国际层面立法变化成为银行践行社会责任的制度基础,而对风险的规避以及商机的获取是银行践行社会责任的内在诱因。在学理上,商业银行社会责任的兴起不仅得到法哲学与法经济学方面的麦梓．在政治折举等方面一样有暑底蕴深厚的理论采础。     

清朝善会善堂自治制度探悉

清朝兴起的民间慈善组织——善会善堂,有着完善的自治制度,包括经营管理方面的会员制、轮值制和董事制,资产筹集与运营制度和财务管理方面的征信制度等。善会善堂的自治制度与国家之间存在互动关系,一方面是国家的干预使善会善堂逐渐官僚化,失去了自治的空间;另一方面善会善堂的自治规约成为司法机关裁判的主要依据,而《征信录》所体现的公开原理也日益渗透到国家的行政制度中。     

Citizenship and social justice

Discussions on the problems of the welfare state are increasingly framed in terms of citizenship rather than social justice. The popularity of the concept of citizenship raises the question of its implications for social justice theory and research. In this article it is argued that whereas the dominant approach in social justice is essentially individualistic, the concept of citizenship focuses rather on individuals as members of a societal community, from which both rights and obligations are derived. This focus on communal membership suggests three important topics for social justice theory and research: (i) the need to distinguish between a civic and a justice motive for human behavior, (ii) the need to specify the frame of reference respondents should use when they make their justice judgments, and (iii) the need to recognize the fact that justice judgments may result from both adhering to criteria of justice and considering the consequences of their application.     

福利、政府与第三部门——对社会弱势群体权利保护的反思

对社会弱势群体的权利保护关系到福利权制度在我国的建构.福利权的义务主体应当是政府,而不是企业更不是个人.福利权的性质决定了政府应当主动、积极地履行自己的责任,保障福利权的实现.在福利制度的模式选择上,建议我国采取政府支配型的福利多元主义模式.而且,第三郭门的发展在福利制度的建构中越来越扮演重要的角色.     

试析垄断行业“福利腐败”的几个问题

“福利腐败”的本质是一种集体特权腐败,它的蔓延和扩散,隐含着许多危机,其产生的根源在于行业垄断,不透明所致。因此,消除垄断行业的“福利腐败”最根本的办法就是打破垄断,即引入市场竞争机制,对行业实行内外监管,健全法制,形成一种良好的舆论氛围。     

Reconsidering the Relationship Between Welfare Spending and Serious Crime: A Panel Data Analysis with Implications for Social Support Theory

Several researchers have found an inverse relationship between welfare spending and serious crime. With few exceptions, these findings have been based on cross‐sectional designs, single measures of welfare spending, and few indicators of crime. In response to these limitations, the relationship between welfare spending and crime was reconsidered using panel data from California counties. Fixed‐effects regressions revealed virtually no relationship between several measures of welfare spending and five types of serious crime: (1) homicide; (2) robbery; (3) assault; (4) burglary; and (5) larceny. The estimates were resistant to numerous robustness checks and alternative specifications. The most plausible explanation for the findings is that heterogeneity was not controlled for in previous studies. Implications for social support theory are discussed.     

How Situational Crime Prevention Contributes to Social Welfare

Situational crime prevention has been met with considerable scepticism from academic criminologists primarily for its indifference to social welfare. It has been seen as contributing to a law-and-order agenda with its focus on making public places secure for business and as supplanting social welfare policies as means of responding to crime. But situational crime prevention contributes more to social welfare than sceptics allow and its advocates (may) believe. Situational crime prevention has enjoyed its fullest and robust expression, not in the free-market, neo-liberal environment of America, but within the leading welfare states of Norway, Sweden and Denmark. This essay considers the politics of the situational approach, the alleged benefits of social crime prevention, criminalisation of social policy, unplanned social welfare benefits, assumptions about the role of business, and concerns about privacy, surveillance and control. The discussion centres on the European experience: the UK, France, The Netherlands and the Nordic countries.