从领导干部流动速率看干部制度建设

流动速率指干部在政治层级中的晋升速度,流动速率高的干部未来发展潜力更大。本研究使用市委书记上任年龄和所辖城市性质来衡量流动速率,结合干部人事制度的变化对流动速率与干部群体特征变量之间相关性进行分析。随着《党政领导干部选拔任用工作条例》等制度出台,当前流动速率高的市委书记群体教育水平更高、轮岗经历丰富,但在基层经历方面存在不足。目前我国面向基层导向的干部培养和选拔方式有助于对这一问题进行弥补。     

论宅基地使用权性质

宅基地使用权是宅基地使用权人依法享有的占有、使用农村集体土地建造住宅和附属设施并长期保有的权利。国内对宅基地使用权性质的认识有着不同学说,但要结合我国土地政策和现实农村经济社会发展之现实进行认识。宅基地使用权是一种准所有权,是物权效力十分强大的他物权,其类似于自物权。尽管《物权法》将宅基地使用权定性为用益物权,但是我国立法文本中的用益物权与大陆法系立法上的用益物权存在本质的差异。公共利益对土地及相关权利结构的设计不具有决定性,不能否定宅基地使用权的私权属性。     

The Paradox of National Language Acquisition: Russian Speakers’ Labor Market Positions in Estonia

This paper analyzes the changes in the labor market positions of Soviet-era Russian-speaking immigrants and their descendants in Estonia in 1992–2008. More specifically, it explains how the knowledge of Estonian connects with evaluations of changes of market positions. The Estonian case shows that the language policy intervention undertaken in the context of a fundamental transformation of the market structure in the 1990s paradoxically yielded results contrary to the objectives pursued by the language policy. As it turns out, a segregation strategy is successful in terms of market position maintenance or improvement, whereas acculturation strategy (learning Estonian) worsens rather than improves job opportunities.     

监视居住制度评析——以2011年《刑事诉讼法修正案(草案)》为视角

2011年《中华人民共和国刑事诉讼法修正案(草案)》(以下简称《修正案草案》)充分注意到了现行监视居住制度在实施过程中所暴露出的问题,并对监视居住制度进行了一系列的改造。《修正案草案》的立法初衷是将监视居住确立为一种减少羁押的替代性措施,但具体的条文设计却使监视居住制度产生了内部的分裂。在嫌疑人、被告人自己住所执行的监视居住可以被认为是一种非羁押性的强制措施,但指定居所的监视居住显然已成为一种羁押性的强制措施。因此,为了防止权力的滥用和充分保障嫌疑人、被告人的人权,对指定居所的监视居住需要进行更为严格的审查与控制。具体的审查、控制方法可以参照对逮捕的审查、控制方法,同时也需要确立对其进行定期羁押必要性审查的制度。另外还需确立错误指定居所监视居住的国家赔偿制度作为最后一道"防线"。     

社会流动中农村外出务工女性的阶层分化研究——以河南省为例

在我国工业化、城市化和市场化的进程中,农村外出务工女性群体成为了一个非常值得关注的新型群体。在社会流动过程中,绝大多数农村女性通过外出务工,实现了社会阶层的向上流动。她们的层次分化已经初步显现,但层次分布很不合理。为了促进农村外出务工女性合理进行阶层分化,需要从以下几方面进行努力：大力宣传社会性别平等文化,努力培育社会性别平等意识;加大对农村女性劳动力的教育培训力度,提高农村女性劳动力的就业能力;积极在农村发展多元化的托幼养老组织,解决农村已婚女性外出务工的后顾之忧;继续深化户籍制度改革,着力提升城市社会对务工女性的公共服务水平。     

DESTINATION EFFECTS: RESIDENTIAL MOBILITY AND TRAJECTORIES OF ADOLESCENT VIOLENCE IN A STRATIFIED METROPOLIS*

Two landmark policy interventions to improve the lives of youth through neighborhood mobility—the Gautreaux program in Chicago and the Moving to Opportunity (MTO) experiments in five cities—have produced conflicting results and have created a puzzle with broad implications: Do residential moves between neighborhoods increase or decrease violence, or both? To address this question, we analyze data from a subsample of adolescents ages 9–12 years from the Project on Human Development in Chicago Neighborhoods, a longitudinal study of children and their families that began in Chicago—the site of the original Gautreaux program and one of the MTO experiments. We propose a dynamic modeling strategy to separate the effects of residential moving across three waves of the study from dimensions of neighborhood change and metropolitan location. The results reveal countervailing effects of mobility on trajectories of violence; whereas neighborhood moves within Chicago lead to an increased risk of violence, moves outside the city reduce violent offending and exposure to violence. The gap in violence between movers within and outside Chicago is explained not only by the racial and economic composition of the destination neighborhoods but also by the quality of school contexts, adolescents' perceived control over their new environment, and fear. These findings highlight the need to simultaneously consider residential mobility, mechanisms of neighborhood change, and the wider geography of structural opportunity.     

Towards a European educational area

When negotiating the new educational programmes the Council and the Commission of the EC had to deal with a profound controversy as to whether or not the programmes should aim for the creation of a European educational area. This reflects the question of whether the Community can work towards some sort of unification of the different educational systems of the Member States. As the Treaty of the European Community prohibits any harmonisation in this field the European institutions can only work towards a growing closer of the different systems by encouraging the Member States and the educational and training institutions to go this way. Such an outcome can be fostered by the legal framework protecting the individual rights of non discrimination and of free movement of workers and of services as well as of establishment on the one side and by indirectly effective and not binding measures on the other side. This influence can be achieved by the European education programmes, the common efforts to face the challenges of the knowledge society and the global competition, the incentives to ameliorate the quality of education and training and to improve the individual employability. However, harmonisation will mean losing the richness of European diversity. Instead of unifying the systems transparency and mutual recognition of individual qualifications could lead to the desired European dimension without endangering the cultural backgrounds and the responsibility of the Member States for education and training. This revised version was published online in July 2006 with corrections to the Cover Date.     

Environmental migrations in Central Asia: a multifaceted approach to the issue

ABSTRACT

Increasingly, studies are considering Central Asia a ‘hot spot’ of climate change and a region prone to environmental migrations. Growing aridity and the shrinking of glaciers may have important impacts on food security, health, human security and infrastructure in the region and compel people to move. Drawing on the literature on environmental issues in Central Asia and on interviews conducted in the Kuhistoni-Badakhshan Autonomous Region of Tajikistan, this article provides a literature survey on environmental migrations in the region and positions Central Asia in the current debates within the broad environmental migrations literature. The article shows that environmental issues can stand out as an important push factor for out-migration in Central Asia, highlights the important role of the Soviet heritage of environmental management as well as of post-Soviet socio-economic transformations in understanding these issues, and discusses possible adaptation strategies.     

Organised property crimes in Belgium: the case of the ‘itinerant crime groups’

The phenomenon of the so-called ‘itinerant crime groups’ is receiving increasing attention within Belgian and Western European law enforcement agencies. This interest stems from a variety of perceptions about these groups, and has led to a number of definitions about who and what they are, and policy measures in response to them. In this paper, the phenomenon and the characteristics ascribed to it in Belgium are empirically tested. This research finds that the features of mobility and nationality emerge as useful characteristics by which to study these crime groups. There are no indications that the special character of these groups is the consequence of policy-related attention, but rather it functions as a catalyst for this interest.     

Rawls's Difference Principle as Compensation for Social Immobility

Outside academia, John Rawls's theory of justice—justice as fairness—has had little impact. This article is part of a broader project to rectify this. I offer a distinctive, second‐best, argument for Rawls's difference principle. The difference principle requires that inequalities in income and wealth are justified only if they benefit society's least‐advantaged citizens. My paper argues that, slightly‐modified, the difference principle is an excellent principle of redress in light of the UK's continued failure to give all citizens fair career chances. I show how we might realize the difference principle at the level of policy through tax rate reductions or negative tax rates. I conclude that if you don't want to accept the second‐best argument for the difference principle you must get serious about giving all citizens fair career chances. As I suggest, this task is extremely difficult.