Personal budgets in adult social care: the fact and the fiction of the Care Act 2014

ABSTRACT

Personal budgets have been heavily promoted in government policy in England as a means of increasing the personalisation of public services, particularly in the field of adult social care. The Care Act 2014 for the first time creates a statutory requirement for personal budgets to be allocated to all individuals using state funded social care. This article examines how a particular rhetoric has developed in social care policy around personal budgets, which draws freely on the language of the disabled people’s movement and suggests that grassroots ideas are the central purpose for the introduction of personal budgets into policy. It considers whether the promises made in policy are embedded in the 2014 Act and finds that there is a mismatch between claims in social care policy on the one hand and the model of personal budgets created by the 2014 Act on the other. It concludes that the policy rhetoric around personal budgets directly appropriates the language and ideas of the disabled people’s movement while promoting a wholly distinct agenda of public sector marketisation.     

对下调法定最低刑责年龄的省思

此次刑法修正案(十一)对最低刑事责任年龄进行下调,可以在很大程度上避免一部分已满12周岁未满14周岁的未成年人倚仗法律保护肆意实施危害行为的"钻法律之空子"的情况发生,能够有效提升法律的威慑力,使公众免受"12岁恶魔"的伤害。在作为调整对象的低龄未成年人一侧,最低刑责年龄的下调意味着他们必须为自己的不法行为承担责任、付出代价。戴上这只法律"金箍"的未成年人将不得不在法律的框架内保持自身行为的检点合法。当然,虽然法律对最低刑事责任年龄进行了下调,但犯罪未成年人仍然需要在"教育为主、惩罚为辅"的矫治环境中得到救赎,既不能"一放了之",也不能"一关了之"[1]。在"疏"与"堵"并行的同时加强相关法律制度的衔接,使低龄未成年人可以在一个相对完善的制度设计中树立起对法律以及他人权益的敬畏之心。     

美好生活的社会保护水准:社会政策体系中基本生活需要标准的建构

基本生活需要保障是我国不断满足人民美好生活需要的基础。构建基本生活需要标准,关键在于瞄准相对贫困目标、构建福利认证标准和消除社会排斥状态。基于人类需要理论和国外基本需要战略等相关研究,应以民生保障、适度普惠、多维满足和防止伤害等为具体目标,建构起具有中国特色的基本生活需要标准。这一标准分为最低标准和适当标准两个层次,包括收入、医疗、教育、住房和照料五个维度的货币指标和非货币指标。以"美好生活"为核心的新时代社会政策体系要在全面性与协调性、主动性与精准性、适度性与发展性三个方向着力保障人民基本生活需要,从消除绝对贫困走向解决相对贫困。     

Now you're tax-exempt,now you're not: Property taxation of assisted living facilities

This research is motivated by a change in Florida that affected assisted living facilities (ALFs) by removing the property tax exemptions for those operated by nonprofit organizations. As such, this paper addresses two research questions: (1) Are there systematic differences between Florida's for-profit- and nonprofit-designated ALFs in terms of operations and service provision? (2) What was the impact, if any, of losing and regaining their property tax exemptions on the operations of Florida's nonprofit ALFs? We use data from the Florida Agency for Health Care Administration to conduct difference of means testing for-profit versus nonprofit ALFs, as well as annual financial data of each ALF property owners' IRS Form 990 from the National Center for Charitable Statistics Core Files and parcel-level property data from the state of Florida to conduct regression analysis using three different dependent variables measuring various components of nonprofit ALF operations. We find that nonprofit ALFs have greater legitimacy in service delivery than for-profits, as nonprofit ALFs have higher service capacity, quality, and variety than for-profit ALFs in Florida. In addition, property tax exemptions for nonprofit ALFs in Florida decrease total expenses and increase officer compensation.     

Reforming Indian agriculture and the rise of farmer's protest in India: Tracing the discourse and the way ahead

The Indian government unveiled new farm legislation on September 27, 2020, with the goal of empowering the farming community. According to the government, new farm regulations will reduce the reliance of indigenous farmers on the mandi (market yard) system, which is now in place and is quite exploitative and full of middlemen and legal cartels. The regulations made contract farming lawful with the intention of luring private sector investment in bolstering agricultural supply chains and infrastructure to give farmers better pricing. But these rules are referred to as repressive and anti-farmer by the farming community. Farmers believe that eliminating the mandi system will eliminate the minimum support price (MSP) mechanism and that contract farming will ultimately be damaging, enticing major corporations and private investors to bind them to unfair contracts that will result in exploitation. Farmers' demonstrations have begun as a result in the former territory of the green revolution. In order to determine if the new farm regulations introduced by the central government are indeed beneficial to the rural community or not, the article followed the debate among many academics, policy makers, economists, researchers, stakeholders, and politicians (the government's spokesman). The article's main focus is on analysing the farmers' demand for the new farm rules to be repealed and the economic justification for their opposition. Additionally, it contends that new farm rules will encourage capitalistic farming and endanger the viability of farming communities, particularly small and marginal farms (S&M).     

Fundamental principles of the international protection system of intellectual property rights and the applications

Legal principle, which underlies the value of the legal system, is supposed to be the origin and basis of concrete legal rules. It has also resulted from abstracting and summarizing the value and spirit of these legal rules. In light of the universality and hierarchy of legal principle, the principles of the international protection system of intellectual property rights (IPR) can be divided into the following two types: one is the fundamental principles applied to the what, why and how a legal system shall be constructed, such as principles of sovereignty, equality and mutual benefit, joint development, and international cooperation, which also can be expressed as the principles of sovereignty, international coordination and cooperation, fairness and justice. The other type includes those existing in the legal system and capable of being applied directly, such as the principle of national treatment, principle of minimum standard, principle of independence (for industrial property right), principle of independent protection (for copyright), principle of compulsory implementing patent (for patent right) and doctrine of priority (for industrial property right), etc. In my opinion, the principles of the international protection system of IPR shall follow the latter model, indicating that they shall be provided and written in the international conventions on the grounds that they can be applied directly, and that they can be universally applied to the whole international protection system of IPR instead of exclusive application to one certain system. Hereupon, the author believes that principles concerning the international protection system of IPR should include the principles of national treatment, minimum protection standard and public interest.     

应用膝关节MRI T_2加权脂肪抑制像推断活体年龄

目的探索膝关节MRI T2加权脂肪抑制像(T2-FS)在法医年龄推断中的应用价值,建立安全可靠的四川汉族年龄推断方法。方法收集膝关节MRI 324例(男性170例,女性154例),年龄范围为10~30岁。采用西门子1.5T磁共振仪摄片,MRI参数:T2-FS TSE序列,矢状位。将股骨远端、胫骨近端骨骺发育分为6个等级并赋分,分析各指标性别差异及年龄相关性,建立年龄推断回归模型。结果男女性股骨远端、胫骨近端MRI等级与年龄呈正相关性,股骨远端与年龄的相关性男性0.687,女性0.661;胫骨近端与年龄的相关性男性0.684,女性0.488。股骨远端骨骺完全闭合,骺线消失的最小年龄男性18.42岁,女性19.36岁;胫骨近端男性骺线消失的最小年龄为16.93岁,女性为14.68岁。股骨远端等级1~3、5、6和胫骨近端等级1~3、5年龄分布性别差异不显著。分别建立男女年龄推断模型,男性年龄推断平均绝对误差(MAD)=2.90岁;女性年龄推断MAD=3.30岁。结论膝关节MRI T2-FS影像可作为活体年龄推断的指标之一,股骨远端等级6可作为判断18岁的指标之一。     

原旨主义、活的宪法与复杂状态下的宪法解释?

宪法解释应该遵循原初意义还是回应时代需要,是原旨主义和“活的宪法”之争的焦点所在。在对宪法裁判进行批判与维护的过程中,原意解释方法和非原意解释方法都开始走向基础主义。两种解释方法执着于单一的理念,既无法证明自己比对方更为优秀,也未能对解释实践进行全面的描述。宪法解释是一个相当复杂、语境多元的过程,在不同复杂状况下,法官拥有不同程度的解释裁量权。有鉴于此,任何将宪法解释化约为单一解释哲学的做法,都是不恰当的。     

政府干预与劳动者权益--兼与王一江先生商榷

最低工资制度在中国的实施是有效的,并不会出现劳动经济学理论规范分析得出的"获益者是被覆盖部门,损失者是未覆盖部门"这种现象.主要原因是,中国规范部门的工资高于均衡工资,更高于最低工资;中国不规范部门,实际上是雇主垄断型劳动力市场.政府应该干预劳动力市场、劳动关系的运行,政府干预的价值取向是,确立劳动者主体地位、追求经济效率.     

Opportunity Lost? Victorian Labor's Enactment of Community Development 1999–2006

The idea of community development has been evoked by Australian governments over many decades. The expressions of community have differed widely, often as a result of politics rather than informed policy. In 1999, after seven years of radical neo‐liberal restructuring in Victoria, the Bracks government found itself unexpectedly elected to power. They faced new challenges such as a diminished public sector, growing social inequality and climate change. The first two terms of Victorian Labor were a seminal period in terms of the role they would invoke for ‘community’. Did grass roots participation take a central place, or did rhetoric rule over substance? The evidence points to a government maintaining a neo‐liberal trajectory, and thereby losing an opportunity to enable an active citizenry.