试论公权力与私权利之间的法律平衡--关于制定《传染病隔离法》的思考

2003年春夏之际,一场始料不及的瘟疫——“非典型性肺炎”席卷了我国大江南北。通过各级政府和全社会公民的良性互动,目前疫情已经得到了阶段性的控制。回首抗击“非典”的日日夜夜,少数人借“非典”之机大发不义之财;而更多的公民则为了控制疫情积极配合政府采取的应对措施。有法可依,依法办事,切实保障每一位公民的基本权利,这是法治国家政府在防治严重传染病过程中面临的重要问题。这场瘟疫不仅考验了科学,而且也考验着政府的应急能力及其法律是否完善。在我国缺乏《紧急状态法》的前提下,政府为了应对突发性公共卫生事件而采取了(包括“隔离”等限制公民人身自由在内的)一系列行政强制措施。政府行政权力的底线是尊重和保障人权,而不能随意压制公民、法人和其它组织的私权利。“塞翁失马,焉知非福。”尽早出台《传染病隔离法》等相关法律,从立法和执法中寻求公权力和私权利之间的动态平衡未尝不是抗击“非典”给我们带来的启示。     

Lingering environmental pessimism and the role of government in Hong Kong

Based on data from two opinion surveys conducted in 2000 and 2008, this study shows that Hong Kong people have been consistently highly aware of the seriousness of different environmental problems and relatively pessimistic about the future resolution of these problems. Such pessimism is arguably related to their lack of confidence in the government's enforcement of environmental protection. Through an analysis of the environmental policy‐making and enforcement agency and three selected enforcement cases, the study further finds that the people's lack of confidence can be traced to the government's failure to bring about a comprehensive, integrated, far‐sighted environmental strategy with sophisticated institutional support and detailed enforcement mechanisms. Copyright © 2009 John Wiley & Sons, Ltd.     

Book reviews

One World to Share: selected speeches of the Commonwealth Secretary‐General, 1975–9. Shridath Ramphal, London: Hutchinson Benham. 1979. 444 pp. £10.95

The White House Years. Henry Kissinger, London: Weidenfeld and Nicolson &; Michael Joseph. 1979. 1545 pp. £14.95

Kissinger and the Meaning of History. Peter W Dickson, Cambridge University Press. 1978. 207 pp. £8.95

Beyond Kissinger: ways of conservative statecraft. George Liska, London: Johns Hopkins University Press. 1975. 169 pp. $2.95

Where the Grass is Greener. David M Smith, Harmondsworth, England: Penguin. 1979. 386 pp. £2.25

Small‐Scale Irrigation. Peter Stern, London: Intermediate Technology Publications. 1979. 152 pp. np

The Social and Ecological Effects of Water Development in Developing Countries. Edited by Carl Widstrand, Oxford: Pergamon. 1978. 120 pp. £10.00

Water in a Developing World: the management of a critical resource. Edited by Albert E Utton &; Ludwik Teclaff, Boulder, Colorado: Westview Press (distributed in the UK by Ernest Benn). 1978. 282 pp. £13.75

Marx and the End of Orientalism. Bryan S Turner, London: George Allen &; Unwin. 1978. 98 pp. £3.50

Project Planning for Developing Economies. WW Shaner, New York: Praeger. 1979. 235 pp. £14.25

International Development Administration: implementation analysis for development. Edited by G Honadle &; Rudi Klaus, New York: Praeger. 1979. 221 pp. £13.00

Nutrition and National Policy. Edited by Beverly Winikoff, London: MIT Press. 1979. 580pp. £15.75

The Nuclear Question: the United States and nuclear weapons, 1946–76. Michael Mandelbaum, Cambridge University Press. 1979.277 pp £12.50

Force Without War: US armed forces as political instruments. Barry M Blechman &; Stephen S Kaplan, Washington DC: Brookings Institution (distributed in the UK by Blackwells). 1978. 584 pp. £15.00. £6.50 pb

Nuclear Arms in the Third World: US policy dilemma. Ernest W Lefever, Washington DC: Brookings Institution (distributed in the UK by Blackwells). 1979. 154 pp. £8.50. £3.25 pb

The Nonaligned Movement: the origins of a Third World alliance. Peter Willetts, London: Frances Pinter. 1978.310 pp. £12.50

Coups and Earthquakes: reporting the world for America. Mort Rosenblum, New York: Harper &; Row. 1979. 230 pp. £5.95

Nations and States. Hugh Seton‐Watson, London: Methuen. 1979.563 pp. £12.00

Rich World, Poor World. Geoffrey Lean, London: George Allen &; Unwin. 1978.335pp. £4.50 pb

Your Own Pigs You May Not Eat: a comparative study of New Guinea societies. Paula G Rubel and Abraham Rosman University of Chicago Press. 1978.368pp. £14.40

Afterthoughts on Material Civilisation and Capitalism. Fernand Braudel, Baltimore: Johns Hopkins University Press. 1977.120 pp. $7.95

Women in the Muslim World. Edited by Lois Beck &; Nikki Keddie, Harvard University Press. 1979. 698 pp. £18.00

The Economics of Multinational Enterprise. Neil Hood &; Stephen Young, London: Longman Group. 1979. 412 pp. £7.95 pb

The Social and Cultural Impacts of Transnational Enterprises. Krishna Kumar, University of Sydney. Transnational Corporations Research Project (Working Paper No 6). 1979. 183 pp.

A New Stage in International Relations. N I Lebedev, Oxford: Pergamon. 1978. 253 pp. $20.00

The Political and Military Laws of War. J Lider, Farnborough, England: Saxon House. 1979. 266 pp. £10.50.

Becoming Modern. Alex Inkeles &; David H Smith, London: Heinemann Educational. 1974.436 pp. £5.00

The Capitalist World Economy. Immanuel Wallerstein, New York: Cambridge University Press. 1979. 305pp. £15.00

South Africa: the method in the madness. John Kane‐Berman, London: Pluto Press. 1979. 265 pp. £2.95 pb

White Man, We Want to Talk to You. Denis Herbstein, London: Andre Deutsch. 1979. 270 pp. £4.95

Africa Undermined: a history of the mining companies and the underdevelopment of Africa. G Lanning with M Mueller, Harmondsworth, England: Penguin. 1979. 590 pp. £3.50

Africanisation, Nationalisation and Inequality: mining labour and the copper belt in Zambian development. Philip Daniel, Cambridge University Press: 1979.202 pp. £12.50. £5.95 pb

Nasser and His Generation. PJ Vatikiotis, London: Croom Helm. 1978. 375 pp. £11.95

Politics Mainly Indian. W H Morris‐Jones, Bombay: Orient Longman. 1978. 392 pp. Rs 60.00

Papua New Guinea: its economic situation and prospects for development. G W Baldwin et al, London: Johns Hopkins University Press. 1978.223 pp. £4.50 pb

Paradise Postponed: essays on research and development in the South Pacific. Edited by Alexander Mamak &; Grant McCall, Oxford: Pergamon. 1978. 277 pp. £11.25

Urbanisation in Papua New Guinea: a study of ambivalent townsmen. Hal B Levine &; Marlene Wolfzahn Levine, Cambridge University Press. 1979.161 pp. £8.95. £3.95 pb

The Land of Promise: A critique of political Zionism. Abdelwahab M Elmessiri, New Brunswick, New Jersey: North American. 1977.255 pp. $6.95 pb

ASEAN Economies in Perspective: a comparative study of Indonesia, Malaysia, the Philippines, Singapore and Thailand. John Wong, London: Macmillan. 1979.217 pp. £3.95 pb

China's Role in World Affairs. Michael B Yahuda, London: Croom Helm. 1978. 300 pp. £10.95. £4.95 pb

Mao's China: a history of the People's Republic. Maurice Meisner, New York: Free Press. 1977. 416 pp. np

China and the Major Powers in East Asia. A Doak Barnett, Washington, DC: Brookings Institution (distributed in the UK by Blackwells). 1977. 416 pp. np

Chinese Politics After Mao. Edited by Jurgen Domes, Cardiff, Wales: University College Cardiff Press. 1979. 291 pp. np

São Paolo: growth and poverty. A Report from the São Paolo Peace and Justice Commission, with an introduction by Cardinal Arns, Archbishop of Säo Paulo. London: The Bowerdean Press (in association with The Catholic Institute for International Relations). 1978.128 pp. £3.40

Frontier Development Policy in Brazil: a study of Amazônia. Dennis J Mahar, New York: Praeger. 1979.182 pp. £10.50

Arise Ye Starvelings: the Jamaican labour rebellion of 1938 and its aftermath. Ken Post, London: Institute of Social Studies/The Hague: Martinus Nijhoff. 1979.502 pp. np

The Future of the Inter‐American System. Edited by TJ Farer, London: Praeger. 1979. 290 pp. £13.00     

Hadar Aviram: Yesterday’s Monsters: The Manson Family Cases and the Illusion of Parole

Critical Criminology -     

The incest offender,power, and victimization: Scales on the same dragon

It is contended that incest is a specific case of a larger problem, that being inappropriate use of power, resulting in victimization of a weaker person. The article is primarily an exploration of ideas regarding root causes of such victimization. It is proposed that implied ownership is present in certain traditional family constellations in our society. It is further proposed that many factors, including this implied ownership, contribute to a profound lack of empathy on the part of the offender. Numbered among these factors are our individualistic, compartmentalized culture, developmental deficits, and overt choices on the part of the offender. Concluding comments call for further reflection and attention to the issues raised, with suggestions regarding important areas for focus and investigation.     

PRODUCTIVITY, SOCIETAL WELL-BEING, AND PUBLIC POLICY: AN INTRODUCTION AND OVERVIEW

The assumption that bureaucratic rationality and efficiency promote democracy is examined briefly from several theoretical perspectives. The efforts of the new conservativesu1 and new corporatists to impose private sector and business forms on the public sector as a way of achieving greater public sector productivity is reviewed. The contribution of this symposium and its specific articles to understanding the ethical and practical consequences of these efforts is presented.     

Community Support and Diversionary Measures for Juvenile Offenders in Hong Kong: Old Legacy, New Age

This paper begins by examining the arguments that led to the change of emphasis from residential training and detention to community-based measures in Hong Kong. Police cautioning and community support services are introduced. An evaluation of the services provided found that the majority of respondents reported high levels of satisfaction with them. It is likely that the services exerted positive influences on the respondents’ deviant behaviour, family values and sense of social responsibility, but one-fifth of them continued to commit deviant acts. Parents’ participation was not high. Young offenders rarely took responsibility for the offence they committed or understood the harm they had done to victims, and victims were not involved in deciding the intervention plan. The conclusions raise issues about the future for Hong Kong. They consider new diversionary strategies for responding to young people and debate the values that should underpin them.