浅论跨国公司社会责任实施机制

跨国公司在全球经济一体化进程中,地位和作用日益重要.跨国公司社会责任不同于一般意义上的公司社会责任,是指为维护其他相关者利益而对跨国公司逐利行为的一种约束.它有其自身特殊的实施机制,主要包括自愿履行和法律规制两方面.     

构建夫妻侵权民事责任体系的若干问题探讨

夫妻的平等法律地位决定了双方具有平等的权利和义务.夫妻双方应互相尊重,互相保证权利的行使和义务的履行,否则,必然造成对他方的侵权.基于"人格独立"、"男女平等"的法律思想以及婚姻秩序的要求,在民法这一私法范畴内,一方在婚姻关系存续期间由于另一方的侵权而寻求法律保护已成为必要和可能.因此,构建现代婚姻的侵权民事责任体系,确定不同的侵权救济方式,维持婚姻家庭的稳定,应是民事立法进一步完善的要求.     

道路交通事故责任与交通肇事罪——兼论信赖原则在交通肇事罪中的适用

《最高人民法院关于审理交通肇事刑事案件具体应用法律若干问题的解释》,将《刑法》第133条修正为将责任认定作为交通肇事罪的构成要件,其理论渊源是信赖原则的具体应用。针对目前责任认定存在由公安机关主导,法院的审判成为走过场的程序性活动的弊端,在办理交通肇事案件中,可由公安机关作出交通事故成因分析意见书而无须作出事故责任认定书,对交通事故责任的认定由法院结合其他证据与具体案情来具体认定。     

A Survey: Children’s Rights Post Termination of Parental Rights and Pre-Adoption

This survey of the statutory provisions and case law of all 50 states and the District of Columbia includes the rights of children to parental support, inheritance, and familial association remaining upon termination of parental rights. A majority of states terminate all the child’s rights at the time parental rights are severed. However, a number of states by explicit statutes or statutory construction have determined that a child’s rights to parental support survives termination of parental rights. This survey examines the prevailing law in each state and suggests statutory reforms to protect the legal status and rights of children.     

“限期断狱”的中国命运:清代以来审限制度的变革与重述

审限是我国司法体系中一项重要的本土化制度。近年来,理论界对审限制度何去何从展开讨论,其历史演变成为重要依据。回溯历史,尤其是清代至今,审限制度受到了古今中西不同法律理念的冲击,历经规则变化:从清代律例中对审限制度进行详尽规定,到民国时期诉讼法典中废除审限而实践中沿用,再到20世纪80年代后立法重新确立审限制度。究其原因,在于审限制度来源自中国传统司法经验,与近现代中国提高诉讼效率的社会诉求相符合,可以保证案件进程;同时审限又是约束司法人员的重要制度--用行政责任来限制司法人员的司法权力,这也是传统中国"治吏"思想在近现代的延续。因此,审限作为一种与中国实际紧密贴合的司法制度,并非是造成今日学术界所争论的积案原因,反而是提升诉讼效率的良方。当下讨论审限制度发展,更需正视其对本土法律资源的重要意义,认识到背后"治吏"思想影响,结合法官责任制改革,从行政责任到司法责任,重新建构新时期的审限制度。     

Corporate Social Responsibility,Public Service Motivation and Organizational Citizenship Behavior in the Public Sector

This article examines the mediating role of public service motivation (PSM) on the relationship between employees’ perceptions of corporate social responsibility (CSR) and organizational citizenship behavior (OCB). A sample of employees working in public sector banks in Egypt completed a structured questionnaire comprising of questions regarding CSR perceptions and PSM. Immediate supervisors rated the OCB of employees who responded to the survey. Results reported in the paper found the following: a) Employee perceptions of both internal and external CSR had a positive influence on the development of employee desire to serve the public; b) PSM partially mediated the relationship between internal CSR perceptions and employee OCB; c) PSM fully mediated the relationship between external CSR perceptions and OCB. This study extends current knowledge of the theoretical foundations surrounding CSR at the individual-level of analysis and offers practical implications by stressing the importance of employee desire to serve the public.     

Transparency for Results: Testing a Model of Performance Management in Open Government Initiatives

Government transparency continues to challenge existing frameworks for understanding organizational performance. Transparency has proven difficult to measure and results assessing its impacts are mixed. This article sets forward a model of performance-based accountability in open government initiatives. Data come from the Open Government Partnership’s (OGP) database of over 1,000 transparency initiatives across 50 countries in 2013. Ordered logistic regression estimates the effect of management practices on three different measures of transparency performance, and the results broadly support the model. Expert interviews from two country cases offer insight into how performance management is used in the context of transparency reforms.     

The electoral consequences of austerity: economic policy voting in Europe in times of crisis

Abstract

Voters typically observe macroeconomic outcomes in order to evaluate government performance. However, during crises, when the clarity of economic responsibility is poor and the economy is in recession, citizens need additional sources of information in order to form a reasoned opinion. Government policy response is one such source. This study shows on a sample of 24 European nations from 2004, 2009 and 2014 that in the post-crisis period, economic policies have emerged as one of the key predictors of vote choice, with government decisions to pursue fiscal austerity leading to significantly lower levels of incumbent support. Furthermore, the paper tests the possibility that the effect of austerity is conditioned by the clarity of responsibility. In multilevel systems, where policies are externally imposed, voters could be expected to hold incumbents less accountable for unpopular measures. The analysis, however, provides no evidence that policy effects depend on the extent to which national governments share policy responsibilities with supranational and intergovernmental institutions. Accountability for policy actions is primarily attributed at the domestic level as voters are able to identify the decisional role of national governments.     

Health and human security: a wrinkle in time or a new paradigm?

Since it was first advanced in the 1994 Human development report of the United Nations Development Programme [United Nations Development Project. (1994). Human development report. New York: UN], the concept of ‘human security’ has evolved as a holistic development-oriented acuity [Nef, J. (1999). Human security and mutual vulnerability: The global political economy of development and underdevelopment (2nd ed.). Ottawa: International Development Research Centre]. The human security concept reinforces the right to health, drawing on both the role of states and the global community's commitment to human rights. Yet, health and human security, long the purview of state power and responsibility, increasingly include alliances of state and non-state actors. This paper proceeds in three parts. The first looks at health and human security linkages, charting the trajectory of the health and human security relationship. The second deals with policy and operational implications. It explores the health–human security link, paying particular attention to the allocation of responsibility and accountability, including through private–public partnerships and rising powers such as China. The third provides a theoretical and technical analysis of the status of health and human security since 1994, taking into account its evolution vis-à-vis human rights’ development and development more broadly, also asking whether it represents but a wrinkle in time or a new sustainable development paradigm.     

Business responses to environmental and social protection policies: toward a framework for analysis

This conceptual paper seeks to advance neo-institutional work that has traditionally portrayed environmental and social protection policies as constraints followed by businesses. Drawing from the policy sciences literature, we propose that in the United States, businesses tend to show increasing resistance as the protective policy process moves from initiation to selection and growing cooperation thereafter. Most importantly, we also contribute to the neo-institutional theory literature by positing that this inverted U-shaped policy process–business response relationship proposed for the U.S. context may be moderated by variations in the level of democracy, system of interest representation, regulatory approach, and national income.