论商法在中国社会主义市场经济法律体系中的地位和作用

在我国社会主义市场经济法律体系中,民法是前置性法律,经济法是保障性法律,而商法则是市场运行法,特殊的功能成就其不可替代的独立地位。商法产生于市场经济并且直接服务于市场经济,两者具有深刻的依存关系,以效益为契合点,通过反映市场经济内在要求的技术性规范,保障市场主体营利自由,进而促进社会财富的增加,实践的品格使其具有高度灵活性。现代市场经济立法主要表现为商事立法,没有健全的商法制度,就没有完备的社会主义市场经济法律体系。在经济危机频繁爆发的当今世界,我国商事法律制度的建设依然任重而道远,需要理性面对法律部门功能纯化、法律移植合理化和商事习惯法律化等问题。     

Examining Police Effectiveness as a Precursor to Legitimacy and Cooperation with Police

Numerous studies by Tyler and colleagues, as well as other scholars, support a normative, process model to account for variation in the public’s cooperation with police in the USA and other developed nations. However, a recent study in Ghana suggests that in developing countries fraught with high levels of violent crime and corruption, cooperation may instead be accounted for by a utilitarian, rational-choice model. Our study examines whether public cooperation with police in the developing nation of Trinidad and Tobago is associated with the process model or rational-choice model. Using in-person structured interviews with residents, we examined whether victims’ decisions to report to police were related to individuals’ perceptions about police effectiveness or police legitimacy. We found support for the process model. We discuss possible explanations for the divergence with Tankebe’s research in Ghana and suggest avenues for future research.     

Public investment in private problems: legal aid and the family justice system

This paper examines findings from the Legal Aid Board Research Unit's Case Profiling Study in the light of the current reform programmes for both legal aid and family law. The findings relate to over 650 legally aided family cases including divorce, separation, ancillary relief and Children Act 1989 applications. The main aim of the study was to gain a better understanding of what is currently funded by the legal aid fund. Costs have been related to stages of cases and to the strategies employed by solicitors. Finally, I comment on the future role of legal aid in family law, suggesting that, to a large extent, public investment will be maintained. Remuneration of service providers will evolve as systems of contracting are introduced in January 2000. There will be continued emphasis on family mediation as an alternative method of dispute resolution. However, cases involving issues relating to children and their welfare will remain within the scope of public support. Domestic violence and other emergency issues will also merit high priority. Although there will be extensive changes in other areas of legal aid, family law appears to remain relatively unscathed.     

CNKI中关于“干部教育培训组织管理有效性”的研究

提高干部教育培训组织管理的有效性,是干部教育培训改革的重要着力点。近年来,理论界和各级各类干部培训机构围绕这一问题进行了卓有成效的探讨,取得了许多可贵的成果。本文以CNKI中搜索到的相关成果为研究对象,运用文献计量学的方法,从文献来源数据库、发表年度和出版来源、作者单位及研究成果资助与主题观点的角度进行分析,通过分析综述目前研究的主要方面,发现研究中存在的问题,为深入研究此问题提供参考。     

制度有效性测度解析——基于制度经济学的视角

如何确定制度的有效性是制度经济学必须回答的问题。文章提出制度有效性的判定原则应包括制度的效率、制度的正义性和制度的增益性三个方面,并根据经济学的分析原理建构了一个界定制度有效性的测度模型。通过对制度有效性的研究,使我们对于制度内涵的把握和理解更加深刻。     

Considering the ecohealth approach: Shaping Haitian women's participation in urban agricultural projects

This paper examines the social and gender politics of a women's urban garden project supported by the International Organisation of Migration, in Cap Haitien, Haiti. My study highlights how the development process created an unmonitored symbolic space where society's normalised gender processes reproduced broader social inequalities, which, in turn, prevented the project from meeting the women's practical and strategic goals. Then, I discuss how the ecohealth approach, as an alternative design framework, could make symbolic space visible to be critically engaged and analysed by participants, to account for gender process, and create an emancipatory activity.     

Doing development differently: Rituals of hope and despair in an INGO

Through an anthropological lens, using examples from working in an international NGO, I explore how and why a group of development workers navigated the coercive practices of aid in ways that benefitted their partners in Africa, Asia, and Latin America. Rather than seeking conspiracies to explain the gaps between development rhetoric and practices, I suggest that people both contest and collude with bureaucratic systems of rule. Youth Rights reformed various rituals and created different management practices internally, as well as maintaining its long-established solidarity approach with partners, but only managed to challenge the donors’ controls to a limited extent.     

A training approach for community maternal health volunteers that builds sustainable capacity

This article examines a training approach for community health volunteers which increased access to maternal health services in rural communities in Zambia. The effectiveness of the training approach was evaluated in an operations research component. Skilled birth attendance rates increased by 63% from baseline over a two-year period in the intervention districts, out-performing increases recorded in control sites at statistically significant levels. As a low-cost, high-impact intervention which shows good sustainability potential, the approach is suitable for national level scale-up and for adaptation for use in other countries in support of maternal and new-born health goals.     

Centring African culture in water,sanitation, and hygiene development praxis in Ghana: a case for endogenous development

International development aid is driven by actors steeped in Western neo-liberal theory and practice. Africa has largely received failed Western aid, administered mainly through international NGOs in neo-comprador relationships. This article calls for African-centred and -led development, revitalised through endogenous development (ED) praxis. Using a water, sanitation, and hygiene (WASH) sector case study from Ghana, the article theorises Africa's WASH development within the context of globalisation and the politics of knowledge production on Africa. It shows how ED provides African people with self-determining and culturally relevant development necessary for WASH justice and improved health and livelihoods.     

Cultivating “success” and “failure” in policy: participatory irrigation management in Nepal

Introduced over a decade ago and considered largely successful by irrigation professionals, Irrigation Management Transfer and Participatory Irrigation Management (IMT/PIM) policies were recently reviewed and seen to have resulted in more cases of “failure” than “success”. Primary research on two IMT/PIM projects in Nepal, which were among the few “successes” in the assessment supporting a “failed” PIM, shows how such policy-driven evaluations, when defining success, overlook incongruities between policies, institutions, and the evolving dynamics around class, caste, ethnicity, and gender. Without exploring the dynamics of practice, the process of “cultivating” success and/or failure in evaluations provides little insight on how irrigation management works on the ground.