Mixed Welfare Systems and Hybrid Organizations: Changes in the Governance and Provision of Social Services

Abstract

The provision and governance of personal social services is nowadays often thought as a matter of finding the right balance between market principles and state regulation. However often, personal social services depend as well from a third resource and mechanism of governance: It is the impact of the social capital of civil society, which makes itself felt not only by resources such as grants, donations, and volunteering, but as well by networking and social partnerships. A number of crucial changes in welfare and service provision have led to a situation, where service systems and service units, rather than being part of a clear-cut sector, have increasingly to be seen as hybrids, combining varying balances of resources and mixes of governance principles usually associated with the market, the state, and the civil society.     

Realising the Public Person

In response to a crisis of representative democracy in many Western countries, (local) governments have introduced instruments to circumvent political parties in order to establish more direct links between citizens and governments. One of these instruments is rendering electoral systems more personal, that is by giving more weight to preferential voting. Preferential voting is important since it constitutes a major element of the personal vote and it determines whether parties or voters are the main decision-makers in designating representatives. We have investigated, in relation to the local elections in Flanders (Belgium), in what kind of municipalities voters are most likely to cast a preferential vote, whether the electoral reform granting voters more power has had an effect, and if it has had an effect, in what kind of municipalities. We have put forward five groups of explanatory variables: socio-demographic, political, social capital, geographic and ballot form variables. Our analysis shows that variables from each group correlate significantly with the percentage of preferential votes, with population density and electronic voting as most important variables. A comparison between the 1994 and 2006 elections often yields the reverse picture: characteristics of municipalities that have a positive effect on the percentage of preferential votes cast have a negative impact on the evolution of preferential voting and vice versa (electronic voting being an exception). This results in the only obvious effects of the electoral reform being seen in urban municipalities, because elsewhere local politics was already to a large extent personalised by politicians being locally known. We could conclude that in these rural municipalities the electoral reform was superfluous.     

Using the personal influence model to guide theory building for participatory communication in Africa

Abstract

This article argues that the personal influence model (PIM) be used strategically to resolve conflicts and social crises in Africa. It presents PIM as a complementary, analytic discourse to participatory communication, a development paradigm commonly used globally in a variety of social programs. That discourse, as a framework for theory building, is grounded in Africa's emerging and enduring realities: (a) the growing interest of the international community to assist Africa to meet the U.N. Millennium Development Goals, whose focus is to reduce extreme poverty by 2015; (b) the ephemeral nature of Africa's political and social stability that necessitates reducing fear, improving community security, nurturing public trust, and building inter-group relationships, all as preconditions for attaining social development, and for using a community-agency- contracts-partnerships approach to deliver development services; and (c) the palpable congruence of PIM with Africa's extensive social networks, which are typically used as communication tools for social development. Those realities guide four propositions that serve as a heuristic template for testing and refining the participatory approach, thereby guiding theory building in participatory communication in African communities. That template identifies an expansive three-concept research agenda – culture, community governance and rule of law, and economic freedom – that raises questions, defines concepts, measures key variables, and assesses outcomes.     

关于挪用犯罪几个问题的思考

挪用特定款物罪是我国刑法最早规制的挪用犯罪,随着经济发达和社会进步,刑法规定了挪用公款罪和挪用资金罪.挪用公款和挪用资金罪都属于挪用类型的犯罪,两者主要区别是主体不同.国家工作人员为了个人使用目的而挪用特定款物的应当认定为挪用公款罪.从犯罪主体的重要性,即身份犯的原则出发,非国家工作人员挪用特定款物应该定为挪用资金罪.“挪用”一词在三个罪名中大同小异,挪用公款罪和挪用资金罪的显著特点是挪用的私利性和有归还的意思,而挪用特定款物则不具有私利性且不以有归还的意思为前提.     

关于完善我国个人所得税的探讨

目前,我国现行个人所得税制度在税制模式、税制要素和税收征管三方面仍存在一些问题。可以采用优化税制模式、合理设计税制要素和提高个人所得税征管水平的方式加以解决。     

New Challenges Posed by Robots to China’s Civil Code in the Age of Artificial Intelligence

In the age of artificial intelligence (AI), robots have profoundly impacted our life and work, and have challenged our civil legal system. In the course of AI development, robots need to be designed to protect our personal privacy, data privacy, intellectual property rights, and tort liability identification and determination. In addition, China needs an updated Civil Code in line with the growth of AI. All measures should aim to address AI challenges and also to provide the needed institutional space for the development of AI and other emerging technologies.     

传统国际私法连接点在互联网环境中所面临的挑战及其应对方略

互联网的全球性、跨国性和虚拟性的特性给传统国际私法连接点造成了冲击与影响,使传统的属地性连接点和属人性连接点在解决涉网民商事案件时陷入了困境.尽管如此,这并不意味着传统的连接点在网络空间不再予以适用:主观性连接点在互联网环境下一定程度上仍可以适用;属人性连接点在互联网环境下则意义不大;属地性连接点则应顺应互联网发展的特性加以"改良",对其进行重新界定并赋予它们在网络空间中新的生命力,增加网址作为网络环境下新的属地性连接点具有重要的现实意义.     

论监狱在押服刑人员人身权保障限度

自由刑对于在押服刑人员权利剥夺和限制的应有的必要限度,究竟在哪里？对于监狱在押服刑人员人身权的具体内容,究竟哪些应该保障,究竞应该如何保障？如何在在押服刑人员人身权保障和合理监禁与惩罚两者之间形成有效平衡？对此,很多人的认识并不够清晰;而观念的模糊以及制度、体制等各方面原因,导致了在押服刑人员人身权在监狱行刑实践中的缺损。由此,就我国监狱在押服刑人员人身权保障的应然限度进行深入探讨,对于进一步澄清模糊观念,进一步强化监狱工作者们对于在押服刑人员的权利保障意识,具有一定的理论和实践意义。     

侵犯公民个人信息罪若干疑难问题探讨——兼论相关立法之完善

<刑法修正案(七)>第7条增设的犯罪,其罪名应为侵犯公民个人信息罪.从犯罪构成上看,本罪的犯罪主体是一般主体,包括自然人和单位;犯罪对象是有关单位管理中的公民个人信息;其客观行为是侵犯,具体行为方式表现为出售、非法提供、窃取或者其他方式.在具体认定时,应注意正确处理本罪与其他犯罪的竞合关系.此外,本罪在立法技术、罚金刑设置等方面有待完善.     

人身危险性的定罪量刑制度研究导论

人身危险性的定罪量刑制度研究导论,是对人身危险性的定罪量刑制度研究实然的写照与应然的期待,依循如下基本路径具体展开：国内外研究现况、研究的主要内容、亟待突破的难题、特色与创新之处等。