政府规制的政策目标与政策选择

本文分析了政府规制的两种政策目标观—目标的公共利益取向和部门利益取向，并从规范的角度出发，论证了政府规制作为公共政策中的一种特殊类型，其政策目标应该而且能够体现公共利益。同时本文还指出，在公共利益这一政策目标指导下，政策工具或方案应该从多方面进行分析选择，包括对政策效率、效益和政策环境的分析。     

生命形式知识产权的国别政策与选择

在WTO及其有关国际公约框架下 ,世界知识产权法有它的共同规则 ,但这种共同规划并不是没有弹性 ,没有一定程度的选择 ,不能谈判 ,在许多方面它是与国内法相妥协的产物。知识产权制度是经济与科技强国的制度 ,它既是工业化国家极力推行的结果 ,也是发展中国家谋求科技进步、经济发展的使然。它体现了一个国家进行现代化的决心和意志。但保护自己的权利与保护别人的权利是两个不同的概念 ,其中必须有某种互惠机制 ,这种互惠不仅仅在享受到某种权利所带来的福利与乐趣上 ,而且也体现在对自己科技和社会的潜在发展影响上 ,因此 ,这种强国的法…     

Reproductive choice: screening policy and access to the means of reproduction

The practice of screening potential users of reproductive services is of profound social and political significance. Access screening lacks a defensible rationale, is inconsistent with the principles of equality and self-determination, and violates individual and group human rights. Communities that strive to function in accord with those principles should not permit access to screening, even screening that purports to be a benign exercise of professional discretion. Because reproductive choice is controversial, regulation by law my be required in most jurisdictions to provide effective protection for reproductive rights. In Canada, for example, equal access can, and should be, guaranteed by federal regulations imposing strict conditions on the licenses of fertility clinics.     

Public policy measures in support of knowledge transfer activities: a review of academic literature

Despite the wealth of academic studies that analyze different policy measures and initiatives implemented by national or regional governments to support knowledge transfer from academia to industry, scant systematization efforts seek to integrate these disparate lines of research. The systematic review of academic studies on public policy measures in support of technology transfer presented by this article suggests a literature classification based on two dimensions: the type of policy measure analyzed, and the focus of the study (i.e., policy design vs. impact assessment). On the basis of this comprehensive review, we summarize the lessons learned thus far, identify research gaps that continue to limit insights into public policy measures for technology transfer, and highlight directions for further research.     

Policy feedback and public opinion: the role of employer responsibility in social policy

This study extends the literature on policy feedback and explores the extent to which public attitudes reflect learning from past government initiatives. We analyze the ways in which feedback mechanisms affecting public attitudes may differ from those earlier identified in the literature. We apply this general analytic framework to help explain variation in public attitudes toward private employer involvement in health care, explore possible causal pathways, and offer some preliminary empirical tests of these hypotheses. There are different levels of public support for the notion of employer obligation involving medical care, long-term care, and the treatment of substance abuse. Our evidence suggests that lessons about the performance of institutions in each of these policy domains represent the most important effect of existing policy on public attitudes. Furthermore, these differences correspond to what one would expect based on our model of policy feedback and cannot be explained by other plausible sources of policy legitimacy.     

Games of policy and practice: multi-level dynamics and the role of universities in knowledge transfer processes

The Journal of Technology Transfer - This paper adopts a multilevel, longitudinal case study approach to analyze universities’ institutional role and their contributions to society. It...     

Organizing knowledge spillovers when basic and applied research are interdependent: German biotechnology policy in historical perspective

The German biotechnology lag illuminates the difficulties of finding appropriate organizational forms of R&D for “embryo” innovations requiring the continued involvement of basic research scientists even after innovation has advanced to the stage of commercial product development. The analysis charts the German policy shift from largely unsuccessful “corporatist” networks (1970s and 1980s) to more promising “emergent” networks (1990s) as organizational vehicles for conducting biotechnology innovation. A constant of German R&D policy for most of the 20th century, and one underlying the initial reliance on corporatist networks in biotechnology, was the tendency to exclude universities from major R&D initiatives and rely instead on specialized research institutes. The structural inflexibilities of universities, combined with the early successes of many specialized research institutes from the 1880s on, led to path-dependent reliance on the latter for 20th-century reforms of the German national innovation system.      

Determinants and public policy implications of academic-industry knowledge transfer in life sciences: a review and a conceptual framework

There is a considerable interest of scholars in benefits and challenges arising from involvement of academic researchers and their institutions in knowledge transfer activities with the business sector. The emerging questions have resulted in a number of studies, yielding rich but mixed findings. The purpose of this paper is to systematically review this body of investigative work, with a particular emphasis on life sciences. Based on the systematic analysis and synthesis of 135 articles published between 1980 and 2014, we discuss the most interesting findings for each of the six identified principal academic-industry research topics: involvement predictors and motivators, role of incentives, institutional performance determinants, knowledge transfer institutionalization, relationship with scientific output and impact on open science. Whereas many studies reach consensus regarding the particular personal and contextual predictors of researchers’ knowledge transfer involvement, we also find substantial evidence that depending on empirical setting, variables such as scientific productivity and institutional technology transfer support policies can act both as enablers and inhibitors in the process. We find no straightforward evidence regarding the role of the size, age and structure of technology transfer offices in the knowledge transfer performance of academic institutions. We also show that most studies agree that engagement in knowledge transfer activities does not negatively affect the researchers’ scientific output. Yet, it is less clear to what extent university-industry interactions can be detrimental for the norms of open science. We draw several policy implications for academic settings and emphasize interesting avenues for further research in this field.     

宽严相济刑事政策应回归为司法政策

宽严相济刑事政策在最初提出时具有明显的司法性特征,但随着实践中从司法理解向立法思路的拓展,该政策完成了向"基本刑事政策"的转变。然而,这种扩张解释没有经过系统论证,也不具有全面充分的理由。宽严相济可以在古代的"宽猛相济"中追溯渊源,其中的"宽"就是以对猛政纠偏的面目出现的。当代宽严相济刑事政策的提出,既是对中国法制传统的弘扬,更是对以前过度强调"严打"的纠正。立法的特点及基本品质表明,宽严相济刑事政策不可能直接表现为立法政策;认为该政策涵括了立法政策,会导致以下逻辑困境:无法正确处理和惩办与宽大相结合政策之间的关系;可能导致重复评价或政策的虚无化;立法有自身的品质要求,其缘由是复杂的,并非宽严相济所能涵盖;如果旧的法律规范已经被新法修改,势必不存在所谓"相济"问题。宽严相济刑事政策应回归为司法政策。     

The prevalence of sexual violence in prison: the state of the knowledge base and implications for evidence-based correctional policy making

The issue of prison violence and misconduct has been the subject of considerable academic attention, yet particularized areas of violent victimization within prisons have gone relatively unnoticed. One such area involves sexual violence in prisons. Scholars have argued that sexual violence contributes to a host of institutional and individual-level problems, yet the primary limitation of this body of literature is that it has been largely confined to methodologically questionable studies of prison rape prevalence. The purpose of this study, therefore, is to critically take stock of what is and what is not currently known about the prevalence of prison sexual violence. In doing so, it highlights the direction that future research should take so that evidence-based policies concerning prison sexual violence may be developed.     

刑事政策的和谐化——议论我国和谐社会进程中的刑事政策改革思路

刑事政策的和谐化应当作为我国和谐社会建设进程中的刑事政策改革基本理念.刑事政策的和谐化改革应当根据不断发展的政治、经济和社会情势,通过辩证地反思现行的刑事政策,针对其中存在的突出的不适应于历史发展的问题,对现行刑事政策的基本思路进行适当的调整,对现行刑事政策的基本目标进行扩展化、深入化,对现行刑事政策的基本手段进行多元化、完整化、系统化、和谐化,并试图将刑事政策建立于人们普遍认同的基本伦理道德的基础之上,使刑事政策符合民意、引导民意,推进刑事政策的民主化,并进而配合、促进建设社会主义和谐社会的伟大进程.     

Suicide by hypothermia with intentional partial undressing

Most cases of fatal hypothermia are accidental, often in connection with alcoholisation, homelessness, age-related confusedness and others. The phenomenon of paradoxical undressing may be observed. A paradoxical feeling of warmth in the advanced condition of hypothermia leads to the behaviour of undressing, partly or completely. Suicides with intentional hypothermia are rare. Fatal hypothermia often appears as a concomitant mechanism, e. g. in drug poisoning. The case report describes the fatality of a young woman dying from suicidal hypothermia. She was found partly undressed. This was part of her scheduled plan and not a consequence of paradoxical undressing.     

The effectiveness of electronic monitoring with violent male parolees

Research on electronic monitoring (EM) has ignored its effectiveness with high-risk, violent offenders. This article examines the effectiveness of using EM as a supervision tool for violent male parolees by comparing those who were mandated to such supervision who were released in fiscal year 1996 (N = 128) to a random sample who did not receive such supervision who were released in fiscal year 1995 (N = 158). Effectiveness was assessed by examining return to prison and time to failure within four years of release. The results indicated that, after controlling for relevant demographic and criminal history variables, EM had no direct effect on the likelihood of recommitment to prison or time until failure. Parolees who reported drug problems and those with lower parole-success likelihood scores were more likely to fail and to fail more quickly. Sex offenders on EM were less likely to return to prison than those not on EM, and those on EM who eventually returned to prison remained in the community longer than did those not on EM. Implications for the usefulness of EM as a tool in parole supervision are discussed.     

The choice of crime: An empirical analysis of juveniles' criminal choice

This article applies the theory of individual rational choice to micro data on the criminal activity of juveniles. The individual choice model is developed and applied to data on 1,171 files on property offenses adjudicated by the Family Court between 1972 and 1976.It is found that the type of crime chosen, as indicated by the charge at the time of arrest and the final charge, is influenced by sex, age, number of prior referrals to the court, ethnic extraction, and place of residence of the juvenile. As the effect of each of these individual characteristics on the probability of selecting the various crimes differs, the choice of crime exhibits dynamic features; as the individual age increases, and as the number of prior referrals to court increases, the probabilities of selecting particular crimes change. These features are examined by generating the probabilities and examining the patterns which emerge.