试论我国环境公益诉讼的制度构建

环境公益诉讼制度在保护环境方面是很重要的一种司法救济制度,而我国现行法律缺少相关的立法规定。应当依据我国的现行相关法律规定并借鉴国外的相关立法,探索正确的构建思路,通过确立我国环境公益诉讼制度来实现环境保护的社会目标。     

行政公益诉讼启动程序

一、行政公益诉讼启动程序的模式选择 如何启动行政公益诉讼程序,世界各国有不同的做法。根据公民提起诉讼要不要先经过有关机关审查为标准,可分为“直接起诉”和“前置审查起诉”。大陆法系国家多采用直接起诉模式,但对于直接起诉的具体操作机制,也有不同的规定。德国的宪法诉讼规定,任何公民,只要以为某项法律侵犯了宪法保障的权利,无论侵权案件是否发生．也不论是否涉及到本人的利益,都能提起这种诉讼。日本《地方自治法》规定了居民诉讼,但要求须先向检察委员会提出检察请求,对于检察委员会及公共团体的对应措施仍然不服,才可以提起居民诉讼。未提起检察请求者,可以参加诉讼,但不能成为原告。     

Embedding the Notion of Child- and Family-Centered Care into Organizational Practice: Learning from Organizational Visioning

Child- and family-centered care has permeated the practices of child welfare as a means to address fragmentation. Case management appears promising, but the approach is still in its infancy. This article aims to provides an understanding of the emergent organizational vision of a new approach to case management at multiple organizational levels. The authors conducted a case study on the implementation of Intensive Family Case Management in a Dutch organization that provides child and youth protection services. The focus is on the continuous and bottom-up process of visioning, which has helped to define the shared organizational vision. The key finding was an emerging, widely shared vision that is congruent at many organizational levels and that contrasts starkly with the old work approach. The conclusion is that innovative child- and family-centered approaches to case management are inherent to a multi-level organizational system that is consistent with the approaches it advocates, being embedded in organizational structures and embodied in practitioners’ mindsets.     

Characteristics of Youth Remaining in Foster Care Through Age 19: A Pre- and Post-Policy Cohort Analysis of California Data

This study examined factors associated with youth remaining in extended foster care. Cohorts of youth in care in California at age 17 years were defined for the period from 2003–2012. Multivariable generalized linear models documented factors associated with remaining in care through age 19. Findings indicate that: a) the population of youth in care at age 17 has declined over time; b) youth in care at age 17 in 2012 were qualitatively different from those a decade earlier; c) a larger proportion of youth who do not exit to permanency are remaining in extended foster care; and d) although the characteristics of youth who remain in foster care as non-minor dependents continue to vary relative to those who age out, differences have diminished. Findings highlight the potential to target subgroups of youth who may benefit from the extension of care but are remaining in care at lower rates.     

Evaluating the Cultural Fit of an Approach for Practice Model Development for Tribal Child Welfare

Three American Indian tribes utilized Business Process Mapping (BPM) as a tool to develop culturally-based tribal child welfare practice models. This study employed a multi-methods design to evaluate the cultural fit of BPM when used in tribal settings. Findings indicated that although programs considered BPM a “mainstream” intervention, each still found the process to be an effective means of creating models reflecting child welfare practice within tribal cultural contexts. Findings further suggested that BPM can, however, benefit from examination of how it might better articulate cultural values and norms, as well as differences between tribal and mainstream child welfare approaches.     

T.H. Marshall and his critics: reappraising ‘social citizenship’ in the twenty-first century

T.H. Marshall's concept of ‘social citizenship’, developed in the 1949 lecture ‘Citizenship and Social Policy’, remains a vital study of welfare in developed nations. However, Marshall's social citizenship has come under attack as undermining civil liberties, or falling short of offering real equality to marginalised groups. This article returns to Marshall's lecture to show that he was in fact aware of such problems, but nonetheless held the provision of social rights to be a valuable normative project. Furthermore, this article argues that a new social citizenship, incorporating collective rights claims, could present a strong challenge to neoliberalism in contemporary welfare debates.     

Tax Challenges in the Global Economy

Globalization has increased significantly over the past two decades, provoking different political reactions. Increasing trade and financial openness as well as intense global economic competition have forced governments to intervene in order to deal with its different negative consequences such as budget deficits or growing unemployment. Over the last two decades, almost all OECD （Organization for Economic Co-operation and Development） countries have undertaken structural changes within their tax systems. However, two main problems appear. The first one concerns ＂tax competition＂ understood as improvements made by different countries in the field of investment climate especially in the field of economic freedom. The second one refers to the effective tax revenue resources that help maintain the welfare state properly. In the developed countries, this is certainly easier as richer societies afford to do it through their fiscal systems. The main aim of this paper is to examine the impact of globalization on tax policy--its nature and its transformations. The main conclusions are as follows： Globalization is an incredible opportunity for the private sector to take advantage of free movement of goods, services, capital, and people. At the same time, it is a great challenge for the public sector to maintain sound public finance. The analysis is based on statistical data and qualitative research methods.     

Components of the Solution-Based Casework Child Welfare Practice Model That Predict Positive Child Outcomes

While a number of studies have shown the efficacy of the solution-based casework (SBC) practice model for child welfare (e.g., Antle, Christensen, van Zyl, & Barbee, 2012 Antle, B. F., Christensen, D. N., van Zyl, M. A. & Barbee, A. P. (2012). The impact of the Solution Based Casework (SBC) practice model on federal outcomes in public child welfare. Child Abuse & Neglect, 36, 342–353.[Crossref], [PubMed], [Web of Science ®] , [Google Scholar]), the current analysis examines the top ranked behaviors in cases reaching outcomes of safety, permanency, and well-being in both high adherence and low adherence cases. Sixteen top behaviors seem to have the greatest impact on outcomes, all of which are key to the three major theoretical orientations utilized in SBC. Thus, these results not only narrow in on the key behaviors that drive success in the practice model, but also shows the utility of the theoretical underpinnings of the practice model.     

Mental Health Treatment Experiences and Expectations in Foster Care: A Qualitative Investigation

This study explores perspectives on mental health treatment experiences and expectations for youth in foster care and their foster parents. In-depth interviews were conducted and identified for major themes: (1) the dual stigma of foster care and mental health care; (2) the lack of engagement in mental health therapy; (3) trust issues with the therapist and other individuals; and (4) the desire to integrate mental health services with primary care services. These results have implications for mental health service delivery and suggest opportunities to improve mental health treatment through an integrated care approach.