中国公民社会发展的制度环境影响评估

公民社会发展的制度环境是对旨在影响公民结社行为和民间组织活动的各种正式规则和非正式规则的统称,这些规则的集合体是决定公民社会生存发展的重要外部条件。改革开放以来,我国公民社会发展的制度环境表现出选择性鼓励和选择性限制相结合的政策取向,由此出现公民社会发展的有利和不利制度性因素并存局面。现行监管体制以限制和控制为主要政策取向,客观上制约着公民社会组织的发展壮大与和谐社会目标的顺利实现。建设“培育服务与监督规制并举”的能促型民间组织管理体制应当成为优化我国公民社会发展的制度环境的努力方向。     

Forgotten Children of Immigration and Family Law: How The Absence of Legal Aid Affects Children in the United States

The absence of government‐appointed legal counsel in immigration proceedings adversely affects large numbers of children in the United States. Children born in the United States to parents without citizenship status (U.S.‐born children of noncitizen parents or UCNP) are harmed by a parent's detention and removal. Unaccompanied alien children (UAC) who have entered the country without legal status are adversely affected by their own detention and removal. The possibility of obtaining relief from removal is drastically diminished by the lack of legal representation. Currently UAC and immigrant parents are not entitled to court‐appointed attorneys. Any meaningful change in immigration law, such as a federal statutory amendment to provide UAC and immigrant parents with government‐appointed counsel is unlikely due to the present political dissension in Congress regarding this issue. Because UAC and immigrant parents are not entitled to government‐funded legal representation, a pro bono legal service system has developed, but is unable to meet the present need adequately. For immigrant parents, this Note proposes the adoption of a statute to allow the appointment of court liaisons in family court proceedings. The court liaison is a nonattorney who is familiar with the processes of the family court and ensures that immigrant parents are fully informed regarding all pertinent family court proceedings. For UAC, this Note proposes an amendment to the William Wilberforce Trafficking Victims Protection Reauthorization Act to mandate the appointment of a child advocate to all UAC. The child advocate is not a lawyer, but works with the UAC's attorney to provide the child with legal representation and advocacy.

Key Points for the Family Court Community:
• UCNP confront the loss of parents to detention and removal. Children are condemned to limbo, torn between absent biological parents and placement in foster care.
• The recent surge in the number of UAC who enter the United States by crossing the border from Mexico has been described as a humanitarian crisis. These children often remain alone without legal protection, vulnerable to detention and removal.
• Ideally, UAC and the immigrant parents would be provided with government‐funded legal representation in immigration proceedings. In the absence of the federal statutory reform necessary to make that a reality, state statutory reform to allow for the provision of court liaison programs for immigrant parents and federal statutory reform to allow the appointment of child advocates for UAC can begin to offer children and families needed legal support and advocacy.

     

论社会管理创新中我国警察权的使命

从权力运作逻辑看,公安社会管理创新主要是一种警察权力运作方式的创新。而任何权力都是在特定时空的社会组织体系中运行并实现功能目的及其价值目标的。从近代西方社会管理的经验和警察权理念流变看,民主政治发展、市场经济建设和公民社会培育三者对国家治理理念形成及其实践方式选择（包括警察权配置及运行）产生了决定性影响,历史经验和事实逻辑要求我们把合作治理与公民增权作为我国社会管理创新中警察权的使命。