论公益行政诉讼制度的构建

公益行政诉讼是为了排除传统的原告适格理论的阻却而在无传统诉权人的情况下 ,为公益目地而设定的一项救济制度 ,应通过纳入法律援助制度 ,设立前置程序 ,放宽原告起诉条件的审查标准及防止滥诉来保障公益行政诉讼制度的建立。     

Why Do People Stigmatise the Poor at a Time of Rapidly Increasing Inequality,and What Can Be Done About It?

This paper starts out from a puzzle. During the past thirty years, incomes have grown more unequal, a small group at the top has captured a much greater share of resources and poverty has increased. Despite this, most people are markedly less likely to want government to redistribute income or tackle poverty and are less sympathetic towards those without jobs. The greater insecurity of many people's lives in the current crisis renders the issue more perplexing. This paper describes trends in inequality, poverty and unemployment; presents new data on attitudes, media discussion and political platforms; discusses theoretical approaches from social psychologists, political scientists, sociologists and other commentators; and considers how a more generous welfare state might be pursued.     

美、德、日实施宪法公共利益条款之比较研究

公共利益问题是各国宪法普遍关注的问题.早在200多年前,美国就将"公共使用"条款写入宪法修正案,德国、日本也分别在各自的宪法中规定了"公共福利"和"公共福祉"等内容.宪政理论与实践证明,公共利益条款的实施并非单纯的法治过程,它总是与本国具体的社会经济制度相联.由于美、德、日三国的市场经济体制存在一定差异性,因而,这些国家关于宪法公共利益条款的实施情况也不尽相同.研究发达国家公共利益条款运行的宪政模式,对于我国实践宪法公共利益原则具有一定的借鉴意义.     

从罗斯福新政到奥巴马医改看美国社会保障制度

既能体现公平又能促进效率、既能提高社保水平又能不增加政府负担的社会保障制度对一个国家来说至关重要。20世纪30年代以来，美国社会保障制度逐步建立并不断发展变化，70年代后期由于人口老龄化和经济全球化的影响，欧美国家面临着福利的需求和供给的矛盾，传统的社会保障模式亟待改变。近年来，奥巴马以医改为突破口，力图完善美国社会保障制度。然而受金融危机后遗症的制约，面对社会保障水平提高与削减政府开支这对矛盾，美国社会保障制度发展前景不容乐观。     

Needs,welfare and the limits of associationalism

This paper presents a critical account of current associationalist proposals for welfare reform. It argues that contrary to the associationalists' own case, the institutional structure suggested by associationalism would not better provide for the needs of welfare recipients. After a detailed exposition of the fundamental claims of proponents of associational welfare, the paper challenger two of the key normative judgements that underlie the associational project. First, it criticizes the associationalist tendency to emphasize unregulated choice in welfare provision, arguing that such a settlement would ignore the important disinction between ‘needs’ and ‘preferences’. Second, it rejects the associationalists' acceptance of significant inequalities in welfare provision, suggesting that such inequlities would, almost by conceptual definition, leave many recipients' needs unfulfilled. The paper concludes by indicating that any proposed welfare reform intended to enhance provision for needs should be located within the current statist tradition.     

Causes and Effects of Child Welfare Workforce Turnover

ABSTRACT

This paper provides an overview of the current state of knowledge on the causes and effects of workforce turnover in child welfare. The causes of workforce turnover are abundant and have been categorized into three areas cited most often throughout the literature: individual factors, supervisory factors, and organizational factors. On the other hand, the empirical research on the effects of workforce turnover in child welfare is scant. This paper discusses the need for new empirical knowledge on the relationship between turnover and child welfare outcomes. The authors conclude with consideration of the gaps in the research and implications for social work practice and profession.     

Issues in Risk Assessment in Child Protective Services

ABSTRACT

Child welfare organizations throughout North America have expended millions of dollars to develop, implement, and institutionalize formal risk assessment models to improve decision making for maltreated children and their families. This article summarizes findings of the risk assessment literature and concludes that many risk assessment protocols currently in use may not improve either the consistency or the accuracy of protective service decisions for maltreated children. The article recommends strategies to improve decisions that promote child safety by utilizing a continuum of empirically supported decision making tools, each designed for a specific purpose during the life of the case.     

The Effect of State Welfare Waivers on Family Earnings and Income Growth of AFDC Recipients, 1993-1995

SUMMARY

Many observers of welfare reform have argued that self-sufficiency on the part of welfare recipients is desirable. This would require, at least, that recipients' economic well-being not fall as a result of welfare reform. That question is addressed here by analyzing the impact of early state-level welfare waivers on the growth of earnings and income received by welfare recipients. Analysis of data from the Current Population Survey found that among welfare recipients (1) early work-related welfare reforms generally did not improve the growth in family earnings, and (2) waivers often had a small but negative effect on the growth of family income. Waivers were less detrimental for rural than for urban recipients. Since research has shown that rural employment and earnings generally lag behind urban areas, this is an interesting finding. It suggests that even though rural residents face greater barriers to employment, welfare reform has a smaller marginal effect on rural recipients.     

The School Enrollment Process for Group Home Youth

Abstract

When children are moved into a new group home, best practices would suggest that collaboration is required between public child welfare workers, group home staff, and school staff to ensure an appropriate educational setting for the child with minimal delay. The purpose of this research was to examine the amount of time between placement in a new group home and enrollment and attendance in a new school. The study also sought to better understand the reasons for delays when they occur. The study included data on 45 newly placed group home youth served in 26 randomly selected group homes in 3 counties in California. Data were obtained through case record reviews and interviews conducted with social workers, group home personnel, and school staff. The data suggest that the tools and legal codes designed to facilitate the process of enrolling group home youth in school frequently are not complied with or used. Delays in enrollment and attendance were common, particularly for youth requiring special educational services; inter-agency communication among responsible parties was infrequent; and all parties too often erroneously relied on others to carry out fundamental tasks associated with school placement. Suggested procedures are offered for public child welfare workers and other parties to improve coordination and educational outcomes for youth.     

The prospects of egalitarian capitalism in the global South: Turkish social neoliberalism in comparative perspective

Abstract

This paper studies the transformation of economic and social policy in Turkey during the 2000s. The policy mix that has emerged can be usefully conceptualized as social neoliberalism, combining relatively orthodox neoliberal economic policies and retrenchment of the protective welfare state (e.g. labour market institutions) with a significant expansion, both in terms of public spending and population coverage, of the productive welfare state (e.g. public health care). Therefore, social neoliberalism as a development model is distinct both from social democracy and orthodox neoliberalism. Its rise in Turkey during the 2000s is arguably best understood with reference to the interests of the AKP's support coalition, the salience of inequalities in access to public services, and the disconnect of social policy-making from civil society mobilization. Turkey's experience with social neoliberalism provides an important reference point for theorizing the ‘social turn’ that since the 2000s has occurred in many late-developing countries with now maturing welfare states, including Brazil, South Africa, Mexico and Chile.