试论生育权

作者对生育权的概念,地位、保护其主体的权利和义务,以及生育权与计划生育的关系等问题做了较深入的探讨,以期引起读者对生育权的重视。     

Russia's “turn to the east”: a study in policy making

Russia's recent reorientation “to the East” has gained increased urgency given events in Ukraine. Here the policymaking process surrounding the “turn to the East” is examined. The focus is on the economic dimension – the economic development of the Russian Far East and engagement with the Asia-Pacific region – rather than geostrategic and security issues. Policymaking is evaluated in terms of general approach and process, with the implications of the evaluation for Russian policymaking more generally then being explored. “Turn to the East” policymaking exhibits a strong commitment to strategic planning that is characteristic of Putin, and which in this case struggles not only with process issues but also with contradictions within the strategy and the challenging realities of the region. Regarding process, a far more institutionalized policy process than the currently dominant personalist view would lead us to expect is found, with relevant bureaucratic and non-state actors well represented in an elaborate and relatively formal process. However a considerable weakening of sign-off procedures is noted, which has lead to policy inconsistency and indeed “policy irresponsibility” among participants. The author attributes the weakening of sign-off procedures to Putin's frustration with the gridlock tendencies of strict sign-off regimes, rather than a desire to create a personalist regime of hands-on management. This suggests that improvement of the Russian policy process requires structural and procedural change, rather than simply leadership change.     

Creating Stable Agreements in Marine Policy: Learning from the California South Coast Marine Life Protection Act Initiative

In this article, we examine the California South Coast Marine Life Protection Act Initiative stakeholder process, evaluate its shortcomings, and consider what could have been done differently. Our objective is to make recommendations to improve future multi‐stakeholder marine policy processes. In our view, while the South Coast stakeholder process had many positive outcomes, it failed to reach what we call here a “stable agreement.” Our analysis is based on two of the authors’ involvement (one as a facilitator and the other as a stakeholder representative) in the process and a post‐hoc survey of participants. We find that several ill‐advised process design and management choices significantly destabilized the negotiations, leading to an ultimately unstable agreement. We highlight four major problematic process design and management decisions, including the following: representation on the multi‐stakeholder group was imbalanced, the pre‐meeting caucuses were not paired with training in interest‐based negotiation, adequate incentives to negotiate toward a consensus agreement were not provided, and the use of straw voting at one point in the process was unclear and inconsistent. As a result of these and other process design and management flaws, many stakeholders believed that the process was biased and that their ends would be better achieved by anchoring negotiations and engaging in positional bargaining. Ultimately, this meant that near‐consensus on a single cross‐interest marine protected area proposal was not reached, the scientific guidelines put forth were not fully met, the process was not and is not viewed as fair by the stakeholders directly or indirectly involved, and the marine protected area regulations lack broad‐scale support. These pitfalls of the South Coast stakeholder process could have been avoided had the management and facilitation team consistently followed best practices in dispute resolution. We recommend that future marine planning processes learn from this example, particularly those occurring in highly complex, urban ocean environments.     

State Livelihood Planning and Legibility in Vietnam’s Northern Borderlands: The “Rightful Criticisms” of Local Officials

Macro-level policies frequently transform and reconfigure local livelihood options. While there is a small but growing body of ethnographic work regarding ethnic minority livelihoods in Vietnam’s mountainous borderlands, there is far less research examining the state decrees and policies implemented there and the opinions of state workers who have to apply them. This article starts to address this gap. First, we examine contemporary Vietnamese state legislation regarding upland livelihoods. We focus on the directions found in 82 livelihood-related state decrees, examining their scope and edicts while critiquing what they overlook regarding upland livelihood needs and approaches. Then, from in-depth interviews with state officials in Hà Giang Province, a mountainous upland region with a proportionately large ethnic minority population, we explore the opinions of those charged with the implementation of these decrees. Building on O’Brien’s earlier work on rightful resistance in China, we suggest that a form of “rightful criticism” has emerged among upland state officials, allowing us to reveal the contours of political power in Vietnam’s borderlands. Moreover, we draw attention to the lack of acknowledgement of ethnic diversity in these uplands within policy and official practice.     

Low fertility and concurrent birth control policy in China

China’s one-child policy, introduced in the late 1970s, has been in effect for over three decades. This article reviews China’s low fertility rate and the implementation of this stringent birth control policy in the context of low fertility. First, China’s fertility intention, behavior, and low fertility level trend are presented. Then, the official response to the low fertility level and the consequent misguided policy-making are investigated. Next, various obstacles to the abolishment of the strict birth control policy are discussed, including national leaders’ authority, related family planning regulations and laws, the inertia of this basic state policy under the auspices of the common good, the displacement of the family planning systems, and the necessity for social maintenance fees to keep grassroots governments in operation. After discussing the recent reform of this birth control policy in 2013 and the subsequent results, the incentives for a universal two-child policy are elucidated. These include the official acknowledgment of low fertility, the effect of birth control policy on fertility decline, the reactions of the general public, the attitudes of grassroots family planning cadres, the appeal from scholars, international experiences, the merging of population and family planning commissions, and national leaders’ attitudes. The paper concludes with an analysis of the cost of this birth control policy over the past decades.     

Tax planning and tax policy in China: Case study of the tainted milk scandal

No food safety crisis has ever stirred such a national sensation in China like the tainted milk powder scandal in 2008. A further exploration of the root cause of this crisis, however, reveals something more disturbing—it is the undeveloped tax system that causes the melamine milk crisis. Because of the tension between political logic and governance logic of tax reform in China, the vacuum of public good provision becomes a burning issue since the Agricultural Tax Regulation was abolished and farmers’ economic burden became heavier than before. Thus, in order to prevent any food safety incident in the future, a sound notion of tax and an integrated system of tax planning and expenditure should be established and reinforced in the Chinese tax law.     

Preventing Homelessness for System‐Involved Youth

Too many youth and young adults find themselves on the streets, couch‐surfing with friends, in emergency shelters or worse, after exiting the child welfare and juvenile justice systems. In some circumstances, youth have had court hearings until their exit from the legal system, but those hearings have not focused on long‐range plans of youth and emergencies youth may encounter. In other circumstances, there has been little or no planning prior to discharge, especially for young people who leave the juvenile justice system. Courts can and should prevent, alleviate or end youth homelessness for youth who appear before them through strategies that are enumerated in the recently‐passed NCJFCJ resolution. This article expounds on three of these strategies – coordinating transition and re‐entry plans, insisting on effective legal representation of youth, and utilizing sound judicial leadership. It also describes the concurrent efforts of the Coalition for Juvenile Justice and the American Bar Association's Homeless Youth Legal Network to remove legal barriers and improve outcomes for youth and young adults experiencing homelessness.     

论劳动报酬权的优先权属性

劳动报酬权作为社会性权利,既是契约自由的表现,也是国家干预的结果。它的权利属性,决定了它的优先权属性。劳动报酬优先权具有一般特定债权的优先权特征和社会权法定性特征。我国立法特别是劳动法应确立劳动报酬权优先实现原则。     

Strategic planning on promoting Macau cultural heritage tourism

The Macau economy has developed rapidly after the handover to China in 1999; the gambling industry made a great contribution to this development and continues today. However, overdependence of the unitary industry structure is risky; hence, diversity in economic development is essential to sustainable development in Macau. After Macau was listed in the ＂world heritage list＂ in 2005, Macau cultural heritage tourism as a new concept has been promoted by the Macau Government. This paper uses SWOT analysis to evaluate the strengths, weaknesses, opportunities and threats of Macau cultural heritage tourism. The excellent guidance of promotion from the government is needed in order to successfully create a positive image of cultural heritage tourism. Suggestions to promote Macau cultural heritage tourism are given in the last part of the paper.     

Resource Base of Peasants in the Brazilian Amazon: Planning Solutions for Current Problems of Sustainability

Abstract — This is the second paper of a series following a study carried out in the Brazilian Amazon region of peasant livelihoods, their current character and problems of sustainability. It analyses how different people might be affected by environmental degradation in the region by looking at their social and economic activities, the degree of dependency on wild resources, land ownership and the social relations underpinning the structure of the labour force. The study covers three districts within the ecological system of terra firme. Extractivist activities generate income and contribute considerably to food supplies throughout the year. Access to these resources is not generally tied to ownership. Environmental degradation may reduce the future availability of resources or, alternatively, attack health directly. Peasants exposure to these risks is assessed and the long-term sustainability of their livelihoods examined. Possible planning solutions to problems are presented and the more recent debate on the creation of conservation units (SNUC) in Brazil is discussed.