素质教育工程是提升农民工素质的有效途径

随着首都职工素质教育工程两年多的扎实推进,其覆盖面不断扩大,内涵不断充实。素质教育工程向农民工群体拓展,为农民工素质提升搭建了有效平台,为农民工技能提升、学历提高提供了快速通道,为全面加快首都经济建设的发展速度,实现“新北京、新奥运”战略构想,切实维护农民工的学习权和发展权,全面推进首都构建和谐社会首善之区奠定了坚实的基础。     

A Race for the Regs: Unified Government,Statutory Deadlines,and Federal Agency Rulemaking

Theory suggests that Congress should delegate more policymaking authority to the bureaucracy under unified government, where lawmakers are less worried about the president orchestrating “bureaucratic drift.” Yet, all unified governments come to an end, making broad delegations potentially advantageous to future lawmaking coalitions (“coalitional drift”). We seek to assess how lawmakers simultaneously limit the risk of each of these pitfalls of delegation. Our answer is rooted in Congress’s ability to spur agency rulemaking activity under unified government. Specifically, we expect statutes passed under unified government to require agencies to issue regulations quickly and for enacting coalitions to use oversight tools to influence agency policy choices. Such “proximate oversight” allows coalitions to cement policy decisions before a new election changes the configuration of preferences within Congress and the executive branch. We assess our argument using unique data on both congressional rulemaking deadlines (1995–2014) and the speed with which agencies issue regulations (1997–2014).     

The Santa Clara County Greenbook Story: From Theory to Transformation

This article is an overview of the past 20 years, from a judicial perspective, of how a discreet selection of Greenbook recommendations were implemented in Santa Clara County, California. This historical overview shows that it is possible to take a guidebook written by national experts from many jurisdictions and tailor the intervention to a particular location with the assistance of local leadership. We applied a theoretical framework to government agency interventions and to the very real needs of families, and that process resulted in a profound transformation of practice.     

Disproportionate minority contact in the juvenile justice system: An investigation of ethnic disparity in program referral at disposition

Historically, minority youth have experienced harsher punishments and more negative outcomes than White youth even when risk assessment is used. The current study investigated the role of ethnicity in an understudied dispositional decision–program referral–and the outcomes associated with said referral using a sample of juvenile offenders (N = 2,678). The study used the Youth Level of Service/Case Management Inventory (YLS/CMI) to determine (1) if ethnicity predicted program referral when accounting for risk assessment and (2) if program referral predicted recidivism. Results indicated that ethnicity predicted program referral, and program referral predicted recidivism. Future directions for Disproportionate Minority Contact (DMC) research and implications for court officials are discussed.     

组织犯:诠释基础、类型与处罚

组织犯作为共犯人的一种类型,在各国刑法理论及司法实践都得到普遍承认,但对于组织犯的探讨与适用由于各国犯罪论体系以及刑法分则条文构建基础的不同也必然体现出不同的立法与司法操作思路。在我国以社会危害性为中心所构建的犯罪论及刑法分则体系的具体语境下,为贯彻罪刑法定原则,我们应当坚持形式认定标准的立场,采用形式意义上的组织犯概念,从广义上来理解组织犯范围。在组织行为实行行为化过程中应遵循等价性原则,做到综合考量、从严掌握、谨慎处理,这也是由组织行为与实行行为在法律性质归属上具有本质区别所决定的。     

2012年《刑诉法》实施后侦查工作情况调查报告——以福建省公安机关为例

2012年《刑诉法》的实施给侦查工作带来了很大的影响,尤其是律师介入、警察出庭、非法证据排除、技术侦查措施、电子数据采集、讯问程序变化等对侦查工作影响巨大。那么,这些影响有怎样的具体表现？侦查部门又是如何应对的？带着这些问题采用适当的方法展开调查,弄清2012年《刑诉法》对侦查工作产生的影响及侦查机关的实际应对,发现2012年《刑诉法》的缺漏与不足,促进2012年《刑诉法》更好地实施。     

The impact of the control function on the effectiveness of policy implementation

This contribution concerns a study that aims to trace factors that determine the effectiveness of policy implementation. To this end, a case study was conducted in two municipalities. In both municipalities, a random sample was drawn of 100 activities in the cultural field carried out in the year 2021. Based on this, the effectiveness of the implementation of subsidy provision was examined for both municipalities. This effectiveness has been operationalised to the percentage of correct non-applications, the percentage of rightly approved subsidy applications and the percentage of rightly rejected subsidy applications. A comparison between these municipalities, based on an analysis of the documents and 22 interviews, then provided an opportunity to explain differences in effectiveness. It turns out, that the control function provides the decisive explanation for the difference in effectiveness. This control function is not only about monitoring and controlling the implementation, but also about facilitating and optimising the process of providing subsidies. Although previous research highlights the importance of an adequate monitoring and control for implementation, the control function can be defined in a broader way. Besides overseeing proper implementation, the control function in this broader view also plays a facilitating role towards the implementers. This broader control function specifically has not often been the explicit object of implementation research. It should be noted, however, that this study is based on only two municipalities, which only examined the subsidisation of cultural activities. Therefore, no general conclusions can be drawn on this basis.     

“Carrying the black pot”: Food safety and risk in China's reactive regulatory state

This paper explores the struggles of China's party-state to address chronic food safety problems by adopting international best practices of risk-based regulation. Despite formally adopting risk-based approaches for targeting inspections and enforcement in 2002, implementation has been halting and uneven, as we show in the first analysis of risk-based regulation beyond its OECD heartlands. Drawing on policy document analysis and 36 key informant interviews with food business operators and government officials working on food safety regulation at every level of the state, we identify contradictions between official commitments to risk-based inspection and top-down demands for zero tolerance and strict accountability, which leave local inspectors preoccupied with avoiding blame more than reducing safety risks. Our analysis advances recent scholarship on regulatory states of the global South by highlighting how risk-based ideas, instruments, and practices are refracted through the distinctive norms and style of China's reactive regulatory state.     

Backloading to extinction: Coping with values conflict in the administration of Australia's federal biodiversity offset policy

Policy-makers are frequently required to consider and manage conflicting public values. An example of this in the environmental domain is biodiversity offset policy, which governments worldwide have adopted as a mechanism to balance environmental protection with socio-economic development. However, little work has examined administrative practices underpinning biodiversity offset policy implementation, and how the adoption of coping strategies to manage value conflicts may influence resulting policy outcomes. This study fills this research gap using a case study of Australia's federal biodiversity offset policy under the Environment Protection and Biodiversity Conservation (EPBC) Act 1999. Using data from 13 interviews of federal policy administrators, I show that the introduction of a new policy in 2012 enabled a shift from the use of precedent to a technical approach for setting offset requirements under the EPBC Act. Yet, multiple sources of policy ambiguity remain, and administrators have adopted post-approval condition-setting, or ‘backloading’—a form of cycling, facilitated by structural separation—to defer detailed assessments of offset requirements until after biodiversity losses are approved. Backloading thus undermines the effectiveness of environmental policy and will persist as coping strategy unless policy ambiguity is reduced via legislative amendments and adequate resourcing of biodiversity conservation.

Points for practitioners

• Biodiversity offset policy requires administrators to manage conflicting environmental and socioeconomic values.
• Technical decision tools reduce reliance on case-by-case decision-making, but multiple ambiguities persist.
• Backloading (post-approval condition-setting) defers values conflict, but reduces transparency, accountability, and policy effectiveness.
• Policy ambiguity must be reduced at the political level to facilitate effective biodiversity conservation.