限制与激励：我国民事公诉程序改革中的两个维度

出于在国家干预与私法自治 ,强化检察职能与防止权力滥用等不同价值取向之间寻求平衡 ,激励与限制是我国民事公诉程序改革中的两个维度。应限定检察机关提起民事公诉案件的条件和范围 ,设置一定的前置程序 ,并赋予公民、社会团体公益诉讼权 ,但同时又应当通过废除法院受理案件的“原告适格”要件 ,建立民事公诉的惩罚性赔偿制度 ,改革诉讼成本制度 ,委托专家诉讼来励检察机关提起民事公诉。     

非公经济组织中共青团的价值定位

改革开放以来,我国的非公有制经济有了快速的发展。共青团组织要根据非公经济组织的类型、规 模、性质,灵活地采用建团模式;要以提高企业经济效益为中心开展活动,创效育人;要关心非公经济组织青年员工 的需求,维护他们的合法权益。只有这样,团组织才能在非公经济组织中确立自身的价值和地位。     

略论恐怖活动组织的特征与预防

恐怖活动组织是一种性质极为特殊的犯罪组织,具有主体组织的公开性、侵害目标的象征性、行为方式的残忍性、危害后果的恐怖性、动机生成的政治性及奖金来源的合法性等特征。各国对恐怖活动组织所采取的措施更多地是建立在打击的思想基础上的,并不能从根本上减少直至消除恐怖活动组织。对恐怖活动组织的预防,应以犯罪学的预防视野进行考察。     

关于基层党组织发展力的思考

增强基层党组织发展力,是加强和改进新形势下党的建设的现实需要,也是党更好地贯彻落实科学发展观的基础。基层党组织发展力包括发展民主的能力,统筹协调的能力,开拓创新的能力,知人善任的能力,维护稳定的能力和驾驭网络媒体的能力。"六种能力"构成了基层党组织发展力的基本要件。     

Government Mapping of the Third Sector: A Government Innovation for Regulation and Coordination? Perspectives From the Third Sector

This article examines the policy tool of a registry of civil society organizations in a regulatory transparency framework. A registry serves as a government ‘mapping’ tool by collecting data on civil society and nonprofit organizations. Do government efforts to map the third sector hinder or foster nonprofit organizations’ capacity and their coordination? The balance between regulation and the strengthening of nonprofit organizations’ capacity and the coordination of goods and services through government innovations like the registries—i.e., third sector mappings—might indeed have the potential to foster a more effective and efficient third sector.     

Do public sector organizations ensure labor ethics? Perspectives from ethics and workplace spirituality in Bangladesh's garment sector

The suppression of labor rights is a matter of serious concern in developing countries. Yet little is known about the role of public agencies in protecting the rights of underprivileged employees. Hence, this study aims to examine the reasons behind the persisting labor exploitation in private enterprises despite the presence of public governance and labor codes. Data was collected through in-depth interviews as well as archives from different external and internal agencies of privately owned garment enterprises in Bangladesh including public administrators and multinational retailers. Kantian ethics and Islamic moral principles were used as theoretical lens to evaluate the labor practices of enterprises. This study contributes to the existing literature by introducing a process model of labor exploitation that depicts multinational power and poor governance to be the main drivers for the abuse of labor ethics. Specifically, political influence and institutional corruption drive poor governance. Public power is exercised to suppress marginalized labor institutions rather than enact labor codes. We found that ethical and spiritual values are not reflected in labor practices and practical suggestions on enacting labor ethics through which the fair enforcement of public power is offered.     

The importance of discretion for welfare services to minorities: Examining workload and anti-immigration attitudes

Migration influx in Western countries resulting in increasingly diverse societies results in more complex situations for bureaucrats in their client interactions in welfare organizations. The role of discretion for services to clients has received much attention in the public administration research and therefore this study explores the relation among perceived workload, anti-immigration attitudes, perceived discretion, and perceived difficulty in working with migrants. The paper examines the function of perceived discretion as moderator or mediator variable in this constellation. The relations are examined by using structural equation modelling based on a survey among Swedish welfare bureaucrats (N = 1,319). The results show that heavier perceived workload increased the likelihood of experiencing work with migrants as difficult and that greater perceived discretion decreased the likelihood of experiencing work with migrants as difficult. The results suggest that perceived discretion functions as a mediator for the relation between perceived workload and difficulty in work with migrants: potentially functioning as a ‘buffer’ for organizational pressure. We also found that bureaucrats who hold negative attitudes towards migrants were more likely to express their work with migrants as more difficult. This paper contributes to the public administration literature by increasing our knowledge on how discretion has significance in relation to when bureaucrat's behaviour is determined by specific organizational and personal factors.     

The psychological effects of state socialization: IGO membership loss and respect for human rights

We present an interdisciplinary theory that considers how loss of membership in international organizations affects states’ human rights practices. Drawing mostly from social psychology and international relations research, we argue that states are socialized into the international community through a process of social influence, whereby they are incentivized to comply with group norms by the promise (threat) of social rewards (punishments). Social influence occurs when states form social bonds through interactions with other states. When social bonds are severed, fewer opportunities for social influence occur due to lower information to both the remaining states and the state that lost those social bonds. Thus, we hypothesize that the loss of membership from IGOs reduces incentives to comply with group norms and adversely affects human rights practices at home. A combination of propensity score matching/regression and autoregressive distributed lag (ADL) models on a global cross-section across the years 1978–2012 supports the theory. Specifically, losing at least one IGO membership leads to a long-run drop in human rights respect of about one quarter to one half standard deviation.     

“工友驿站”创新模式与珠海工会改革经验探析

工会作为代表和维护职工合法权益的群团组织,存在最大的问题是脱离群众,其群团作用难以发挥。随着中国经济体制改革的深入,劳资冲突事件的增多,工会改革势在必行。珠海创建的首家"工友驿站"—新加坡花园站,是珠海工会去行政化所采取的重要改革举措,即以社会组织作为工会改革和社会治理创新工作的思路,通过向社会组织购买服务,建立"工会+社工+义工"的"三工"联动模式,为职工提供维权、帮扶救助、就业介绍、幼托等一系列服务,打通服务职工的"最后一公里"。     

Means of production versus means of coercion: can Russian business limit the violence of a predatory state?

In their most recent works, North and his coauthors (North, D. C., J. J. Wallis, S. Webb, and B. R. Weingast. 2012. In the Shadow of Violence: Politics, Economics, and the Problems of Development. New York, NY: Cambridge University Press; North, D.C., J. J. Wallis, and B. R. Weingast. 2009. Violence and Social Orders: A Conceptual Framework for Interpreting Recorded Human History. New York, NY: Cambridge University Press) name the formation of organizations capable of effectively restricting violence in society as a necessary condition for transition from developing societies to societies with sustainable economic growth. However, the mechanisms of emergence and conditions for the operation of such organizations in contemporary developing countries remain unclear. We follow the logic of formation of such organizations using the case study of collective actions of the Russian business community aimed at restricting “state violence” against business. We seek to identify the conditions leading to a shift in the choice of strategies from attempts at informal agreements with extortionists controlling means of coercion to cooperation of businessmen and trace the further evolution of organized forms of collective action. Finally, we assess to what extent the created organizations can be efficient and self-supporting in the long term.