社会权司法救济之宪政分析

社会权是与自由权同等重要的宪法权利。透视各国宪政实践可以清晰地观察到,社会权宪法化及其救济司法化的趋势业已形成,并以三种方式呈现巨大的发展潜力。一是宪法明确规定社会权,并视之为主观权利予以直接司法救济;二是宪法没有明确规定社会权,但确立了司法审查,通过适用正当程序和平等保护原则予以间接司法救济;三是宪法规定社会权作为国家政策指导原则,且视之为客观权利予以间接司法救济。很明显,社会权具有一定范围和程度的可诉性。     

“人”在当代中国社会发展中的、地位和意义——中国哲学界关于“以人为本”的研究

人类历史进入到二十一世纪,有关“人”的问题日益成为当代中国社会发展的一个核心问题“。人”在当代社会发展中的地位和意义集中体现在“以人为本”的科学发展观上“。以人为本”既体现了当代中国社会发展对人的高度重视,也为中国化马克思主义哲学提出了一个当代性课题。     

认识社会公正的几个视角

社会公正是社会主义的核心价值取向,是现代社会的基本价值理念和基本规则。社会公正既是现代社会基本制度安排和设计的主要依据,也是社会各个群体之间赖以进行良性互动的基本规则。只有基于社会公正,社会方能实现安全运行和健康发展。转型期的中国社会需要社会公正理论。     

Service Quality Effects of Incentive Regulation on Access Service in Telecommunications in the United States

Incentive regulation in the form of price caps was adopted for interstate access service in 1991 as a way to provide local exchange carriers with an incentive to improve their productive efficiency. An issue that has arisen with the adoption of price cap regulation is whether deterioration in service quality for interstate access service has been an unintended consequence. The analysis in this paper uses several different measures of service quality, including the average installation interval, the percent of commitments met, total trouble reports, and the average repair interval for both switched access service and special access service, to investigate empirically whether there has been a decline in service quality between 1991 and 2000. The results are conclusive. Overall service quality has fallen. To rectify the situation, a proposal is offered to adjust the price cap index to penalize LECs who fail to provide an acceptable level of aggregate service quality.     

Social Utility in Ultimatum Bargaining

In this article we will provide an overview of factors that influence the weight that self-interest and equity related motives receive in ultimatum bargaining. These factors are grouped into three main categories: factors relating to the context of the game, factors relating to the parties involved, and factors related to characteristics of the game. Results of the studies are discussed in relation to the concept of social utility. The authors point out possible omissions in the literature—especially the lack of interest for the behavior of recipients—and recommend directions for future research.     

The Interplay Between Greed,Efficiency, and Fairness in Public-Goods Dilemmas

The Greed–Efficiency–Fairness hypothesis (H. A. M. Wilke, In European Review of Social Psychology, Wiley, New York, Vol. 2, pp. 165–187, 1991) states that people in resource dilemmas are greedy and wish to defect, but that greed is constrained by preferences for efficient resource use and fair distributions. This paper reviews research where the GEF hypothesis was generalized to public-goods dilemmas. Results from both surveys and experiments on people's willingness to contribute to resources for social services were interpreted in light of the GEF hypothesis. Whereas earlier research on social dilemmas and fairness considerations have focused on the correlation between estimated fair and actual cooperation rates, the present results provide an extension where cooperation rates are influenced by perceived fairness of how a resource is distributed. Two experiments contribute further insights into the interplay, in terms of effects on cooperation, between greed, efficiency, and fairness. The collective consequences of individual choices were either highlighted or not (Experiment 1) and the outcome structure in prior social dilemma tasks was either collectively or individually framed (Experiment 2). These manipulations influenced (a) cooperation rates and (b) the extent to which decisions were based on greed, efficiency, or fairness.     

Looking for Sustainability: Environmental Coalitions across the State-Society Divide

This paper compares environmental policymaking in two Brazilian cities, Rio de Janeiro and Cubatão. It examines the formation of state-society synergistic interactions in the public policymaking process and their effect on long term sustainability of social mobilization. It concludes that whereas social capital can be constructed in the context of policymaking, it is critically dependent on a concerted effort from both state and society actors to build trust in their daily interactions. The Cubatão and Carioca River cases show that state-society synergy had little effect on the ability of the policy coalitions formed for pollution clean up to sustain themselves over time. Instead, there are indications that rather than a constraint, the flexible and informal nature of such coalitions may have been a critical factor in their ability to carry out policy successfully.     

弱势群体与我国改革发展中的治安稳定

经济体制改革和政治体制改革将我国带入了一个复杂的社会转型期,在这个时期,一个特殊的群体———社会性弱势群体正逐渐产生、显现,并且规模渐大。对社会治安稳定也产生了不小影响。     

Philosophy and the resolution of equality conflicts

This article examines Rowan’s discussion of my earlier paper (Messick, 1995). His warnings about the naturalistic fallacy and self-interest are well taken, but they constitute less serious threats to the usefulness of my suggestions than he indicates.     

试论农民工社会保障权的法律保护

农民工是指具有农村户口在城镇务工的劳动者,它具有农民与工人的双重身份。农民工为城镇的发展和建设作出了重大贡献。由于农民工与城镇居民身份的差别,带来了许多问题。这些问题集中起来主要是农民工社会保障权等问题。农民工社会保障权保护差强人意,不仅有观念上的原因,也有体制和法律上的原因。解决农民工社会保障权保护问题,必须从制度创新入手,加强农民工社会保障法律制度建设,建立健全农民工社会保障法律机制,把农民工社会保障落实到法治层面上。