交通肇事犯罪原因探析

交通肇事犯罪一直是社会的热点。近年来,随着数起引起社会广泛影响的交通肇事大案以及《刑法修正案(八)》将危险驾驶行为纳入犯罪,新闻媒体与法律实务更加关注对交通肇事犯罪的评价。然而,目前学界研究此类犯罪多从刑法规制的角度探讨,而隐藏在犯罪背后的深层原因却鲜有研究。任何犯罪现象总有一定的犯罪原因的外在展现和结果状态,从交通的组成因素探讨其对交通肇事的联系和影响,有助于发现交通肇事的本质,为交通事故的预防提供重要参考。     

安徽监狱企业集团组织结构变革初探

全国监狱体制改革后,安徽省监狱建立了全额保障、监企分开、收支分开、规范运行的新型监狱管理体制,但在实践中,监企分开运行机制并不能完全解决监狱管理运行中的问题。因此,在新型监狱管理体制下,需要进一步深化监狱体制改革。研究表明,通过优化监企分开运行模式。可以纯化监狱企业刑罚执行职能,释放监狱企业发展的活力,从而更好地发挥监狱企业服务监狱刑罚执行工作的职能作用。     

检察机关参与环境公益诉讼程序设计

新修订的《民事诉讼法》第55条将对污染环境行为提起诉讼这一内容正式纳入,为环境公益诉讼的提起提供了法律依据,但并未明确界定提起的主体。从检察机关参与环境公益诉讼的必要性及可行性入手,建立并完善检察机关参与环境公益诉讼的具体程序及检察机关自身机制,可为具体的实践操作提供参考。     

Fixing failures of U.K. electoral management

Concerns about electoral malpractice have been raised in many democracies in recent years because of errors made in the administration of elections by local election officials (LEOs). This article argues that adopting appropriate policy instruments to manage LEOs is an under-explored method for improving election administration and reducing electoral malpractice. The article provides a case study of the use of performance benchmarking schemes in the UK 2008–2010. Semi-structured interviews were undertaken with 74 LEOs from 41 organisations subject to newly devised performance indicators. The research demonstrates that performance benchmarking can encourage learning amongst local electoral officials and strengthen central control over them.     

DIFFERING OPINIONS DO NOT SPOIL FRIENDSHIPS: MANAGING PUBLIC–PRIVATE PARTNERSHIP (PPP) INFRASTRUCTURE PROJECTS IN JORDAN

This research investigates the approaches, strategies and challenges facing the management of the implementation phase of public–private partnership (PPP) projects in Jordan. Jordan is a newer but common user of PPPs in the Middle Eastern region, where PPPs not only are of economic strategic importance but also entail significant investment risk given resource scarcity. This research involves semi‐structured interviews with senior managers representing different partnering organisations in two case study organisations in Jordan. The research finds that, despite the management difficulties confronting PPP managers, strategies adopted by them limit the impact of these challenges. The research makes an important theoretical contribution in providing a detailed analysis of effective PPP management approaches in response to difficulties at the implementation phase, which had not been systematically explored in extant PPP research, and broadens PPP research to the Jordanian context. Moreover, the research contributes greater understanding of how partnerships should be effectively managed. Copyright © 2013 John Wiley & Sons, Ltd.     

The architecture of risk management

Abstract

Power's book examines how organizations are designed through risk-based science, law and managerial techniques. As organizations have come to think of, reform and govern themselves through the vague but powerful notion of risk, both the fortunes of the managers who conceive of these designs and the behaviour of the organizations themselves have been affected. Power develops four themes as he analyses the consequences of these moves towards risk management as governance. First, he notes the tensions that have emerged as risk management systems take in information about uncertainty in the operational environment and process it into risk, while simultaneously producing yet more uncertainty. Second, he offers an account of developments in the system of professions as the abstractions of mathematical risk analysts have lost ground to managerial approaches to the processing and uses of risk. Third, he applies neo-liberal notions of the individual to organizational behaviour in an analysis of the conflict between risk-embracing profit motives and risk-averse precautionary instincts. Fourth, he argues that the uptake of risk management techniques and discourses in organizations has fundamentally changed the way they view themselves and operate in the world. As better risk management through internal self-control has become the obvious solution to every problem, enterprise values and trust have imploded. We close our review with a critique of this implosion thesis, suggesting directions for future research for socio-legal, governance and organizational behaviour scholars.     

The Australian Environmental Policy Agenda

This paper seeks to identify major shifts in the Australian environmental policy agenda over the past fifty years, and discusses the possible causes of and variables affecting agenda change. The issue of what comprises ‘environment’ policy is discussed, with reference to overlaps and intersections with other policy sectors such as agriculture, public health, energy and regional affairs. While the diversity of the environment policy domain complicates any analysis of trends, there have been two persistent trends of (i) an expansion from a more narrowly to a more broadly defined suite of issue (from environment to sustainable development) and incorporation of environment into natural resource management, and (ii) an increasing diversity of policy instruments being used. Consistent with the wide variety of issues confronted, pragmatism and convenience are often as influential as political ideology or underlying trajectories. The drivers of policy change are diverse, including biophysical factors such as drought, political leaders and international policy developments, and punctuations are often better interpreted as intensification or redirections of past policy trajectories.     

The US and the Asian Development Bank: Origins,structure and lending operations

The dominant discourse related to the establishment of the Asian Development Bank revolves around its structure, functions and lending operation. But the self-serving role played by the US during its formative years has been largely neglected. This article focuses on the early years of the Bank (1967–1972) and American efforts to make it a subservient tool of American foreign policy. A close examination of American role and influence within the Bank during its formative stage illustrates how multilateral institutions, funded by rich countries, can be used to force poor nations adopt methods for dealing with their problems, at odds with their own interest.     

Ideological and pedagogical tensions in an environmental sustainability education project: A review of adult education practices around Lake Fundudzi,South Africa

ABSTRACT

Research in poor communities in South Africa faces intellectual challenges and tensions which offer lessons for evaluating environmental education (EE). This article illuminates five such tensions that emerged during the course of an adult environmental education programme, implemented from 1999 to 2002, in communities surrounding the catchment of Lake Fundudzi in South Africa: tensions arose between traditional and modern concepts of community; between traditional and post-apartheid structures of local governance; between liberal empowerment and traditional conservationist ideologies; and also within and between environmental ideologies and research paradigms. Paramount among the lessons learned is the need to develop multi-, inter- and transdisciplinary (MIT) practices that are sensitive to local community and environmental needs, and to solutions expressed through local residents, community workers and academics – in other words, the recognition and affirmation of local indigenous knowledge systems (IKSs).     

Challenges in conflict management in multi-ethnic states – the dissolution of Czechoslovakia and Serbia and Montenegro

This article examines the break-ups of post-communist Czechoslovakia and the Union of Serbia and Montenegro under consociationalism. According to Arend Lijphart, social divisions may be neutralized at the elite level with power-sharing mechanisms. Lijphart's theory has been abundantly criticized, particularly because, while its intention is to induce cooperation, consociationalism does not give leaders actual incentives to cooperate. Czechoslovakia and the Union qualified as consociations; however most favorable factors were absent. The states failed to overcome their divisions and broke apart. Both states were going through a democratization period, experienced differently in each republic. The article argues that the application of consociationalism at this time magnified the divisions. Stirring up the ethnic sensitivity of the population was the most reliable strategy for politicians to secure popular support. In this context, and with the EU enlargement prospect, the consociational structure, instead of bringing elites together, weakened the federal power and provided elites the opportunity to defend republican interests at the expense of the federations. Hence, while a consociation requires certain conditions and favorable factors, the context in which consociationalism is implemented, and particularly democratization periods, may have a decisive influence on the leaders’ ability to cooperate, on their decisions, and thereby on the state.