环境行政公益诉讼的原告资格探析

环境利益是社会公共利益,随着经济的发展,环境问题日趋严重,行政机关的行政行为侵犯公众环境权的事例在现实生活中屡屡发生,建立健全环境行政公益诉讼制度成为当务之急,对于保护环境公益,推动行政权法制化有重要意义。构建原告资格及制定相应的制度,赋予公民、社会团体、检察院提起环境行政诉讼的权利,是建立环境行政公益诉讼的重要内容。     

检察机关的公益诉权与当事人意思自治的平衡

司法实践中,公益诉权已经引起越来越多的关注,检察机关的公益诉权不仅仅是一种诉讼权利,更重要的是体现了一种法治原则和宪政精神,是检察机关的检察权在公益诉讼领域的价值体现,反映了其对社会公共利益的法律关怀,它要求检察机关在行使公益诉权时应正确处理与当事人意思自治的关系,在我国的司法活动中充分实现公益诉权的功能。     

Managing transience: Bolsa Família and its subjects in an MST landless settlement

Bolsa Família, the world's largest conditional cash transfer, provides welfare payments to 13 million Brazilian households – and creates dilemmas for Brazil's rural landless movement, the MST. Through ethnographic analysis in two villages, this paper explores the daily practices and political conceptions of the program's beneficiaries. Bolsa Família does not, as is often believed, create a de-radicalizing sense of contentment. Instead, the program generates a temporality that makes the benefit feel unreliable to beneficiaries. These beneficiaries must mediate the tension between ‘citizen’ and ‘manager’ identities, the latter being a salient subject-position produced by Bolsa Família. The precarity of this position helps explain why Bolsa Família has not inspired significant mobilization by social movements.     

A Qualitative Study Exploring Mothers’ Perceptions of Child Neglect

This research explores the experiences and perceptions of mothers receiving services for child neglect. Incidents of child neglect are reaching alarming rates in the United States, now representing 78% of all child maltreatment reports. Although risks factors associated with child neglect are well known, there continues to be uncertainty about how to proceed in assessing and intervening with families. The epistemological stance of constructivism and the theoretical perspective of symbolic interactionism guided the qualitative methods of this research. Four overarching themes emerged focused on daily struggles, protecting my child, feeling trapped, and mutual trust. Implications for practice are discussed.     

侵权死亡赔偿的理论学说与制度设计：基于个人福利角度的分析

死亡赔偿不是对死者本身的赔偿,而是对死者近亲属的赔偿。其请求权基础是死者近亲属受到了相关的损害,立法宜采固有损害说。死者近亲属遭受的损害包括增量损失、物质损害和精神损害,都应针对个案评估相应赔偿额,用以填补受害者损害,使其恢复原有的福利水平,在立法上可采福利水平维持说。赔偿绝不能实行全民统一的赔偿额度,侵权法不应该有改善社会收入差距的冲动。     

‘Walking in two worlds’: A qualitative review of income management in Cape York

The Cape York Welfare Reform (CYWR) initiative aims to reduce ‘passive dependence’ on welfare and restore ‘positive social norms’ to revitalise cultural and social networks and support economic engagement in Indigenous communities in the Cape York Region of Australia. Critics of the initiative and, in particular, its income management (IM) policies have associated it with a broader neoliberal reform agenda that delineates social ‘problems’ from their historical and structural context. This paper discusses key qualitative findings from a strategic review of CYWR, paying particular attention to the ways in which Cape York IM (CYIM) straddles both Indigenous and settler social norms, while perpetuating neoliberal conceptualisations of welfare ‘dependency’. We situate these findings within the existing literature on Australia's other IM models and also consider them in relation to subsequent government responses to the review and associated policies. We argue that CYIM represents a unique initiative, the subtle nuances of which have been largely ignored or misunderstood by critics. Further, we conclude that any extension or revision of this initiative should be considered with respect to deep and wide-ranging consultation of the Indigenous communities subject to CYWR. However, such consultation has not been the standard practice in Australian contexts.     

The English protoindustrial family: old and new perspectives

English research on protoindustrial communities in general and the protoindustrial family in particular has fallen somewhat behind that in many continental countries. Constrained by inadequate sources and a historiographical literature that has constantly placed the small and simple nuclear unit at the heart of English residential arrangements, English historians have often seen the protoindustrial family as little different in form and function from those to be observed in rural areas or market towns. This article uses sources generated by the English poor law to offer different perspectives. Focusing on Lancashire, as the protoindustrial phase of its development began to truly break down in the early 19th century, the article suggests that the English protoindustrial family was volatile in form and size and that the nature of underlying protoindustrial demography and the communal welfare system provided a powerful impetus to a process that saw the constant redistribution of kin between related households. It concludes that in Lancashire the expectation among protoindustrial families must have been volatility and that complex families rather than simple nuclear families have long held the English imagination.     

Varieties of Social Policy by Other Means: Lessons for Comparative Welfare State Research

Abstract

Scholars can take a broader look at social policy and understand that traditional public welfare state programs are only one of the many potential sources of social protection and regulation. The contributions of this special issue invite social policy scholars to explore policy instruments that provide “social policy by other means” across a wide array of areas, including agriculture, energy, immigration, taxation, and legal regulation of private benefits and services. The article provides a concise overview of some of the key theoretical and empirical implications of social policy by other means for comparative welfare state research. In order to do this, it is divided into two main sections, which respectively discuss the nature and boundaries of social policy and the varieties of social policy by other means. This is followed by a short conclusion, which summarizes the key lessons of this special issue for comparative welfare state research.     

Regularization of Irregular Migrants and Social Policies: Comparative Perspectives

Abstract

This paper examines the social policy implications of the regularization of irregular immigrants. As an act of legal integration regularization arguably is about irregular migrants’ inclusion into mainstream social and legal structures and, as a corollary, has important implications for migrants’ access to social rights. Based on a recent comparative study of regularizations and their impact in seven EU Member-States, the study finds that access to social rights associated with regularizations indeed are reported as the most important impacts of regularization by regularized migrants themselves, next to access to work and related welfare entitlements.     

Alternative action organizations across different welfare and third sector regimes during hard economic times

ABSTRACT

Since 2008, the international economic and financial crisis has been affecting the living and working conditions of European citizens in different ways and scope. Yet, the pattern is of rising unemployment, social deprivation and poverty, cuts in health, education and social security budgets. These negative socio-economic conditions have led to major transformations in collective responses, which, among others, take place through Alternative Action Organisations (AAOs). The specific organizations carry out non-mainstream activities that primarily target the economic and the social well-being of citizens, including their basic needs, health and lifestyles. Using quantitative data from the LIVEWHAT project and drawing on social origins theory and resource mobilization theory, the article investigates AAOs’ main characteristics across four European countries that have been differently affected from the recent recession as well as belong to different welfare state and third sector regimes, including Germany, Greece, Sweden and Poland. The findings stress the importance of considering the particular combinations of the welfare state and third sector regimes as well as the severity of the experienced economic crisis in understating the variation in AAOs’ main features under a comparative perspective.