公共服务合作供给的国际经验与启示

公共服务的供给一般通过政府、市场、社会组织三种模式,这三种模式各有利弊,都存在着失灵现象。为此,公共服务的合作供给就成为最优选择。在合作伙伴的选择中,非营利组织因其自身的优势,在公共事务治理中发挥着越来越重要的作用。美国、英国等国家的社会组织起步早、发展较为完善,积累了较为成功的经验。借鉴这些国家的成功做法,便于更好地改进我国公共服务的合作供给体制,提升公共服务的质量和效率。     

新时期农村基层党组织权威提升与功能实现

农村基层党组织是党在农村全部工作和战斗力的基础,拥有领导核心功能,利益综合、协调与表达功能以及政治录用与政治社会化功能。新时期,农村中出现的各种变化、变革给农村基层党组织带来了挑战。权威的提升有助于促进党组织功能的有效发挥。权威的树立并不意味着权威问题的永久解决,作为党在农村工作的领导核心,村党组织必须关注农村社会各层面的变动,提升其功能发挥的效果,重塑自身的权威。     

Comparative Climate Change Policy and Federalism: An Overview

This commentary provides an overview of the four papers in this issue of Review of Policy Research on the politics of climate change. The papers all address in one way or another aspects of how federal‐type systems are dealing with the collective action and multilevel governance issues of climate change policy. The comparative study of federal systems provides insight into how domestic authority is so often overlapping and divided when dealing with greenhouse gas emissions and climate change. Federal arrangements offer a rich array of norms, institutions, and practices for tackling these problems. Federal systems grapple continuously with the kinds of issues that are the most intractable in the climate change case, such as overcoming interregional differences of interests and values. A common federal feature is competition among subnational governments and between them and national or federated governments over climate change policy, which has been especially significant in the United States and in Canada in the relative absence of national action––although soberingly, the whole is as yet nowhere near as great as the sum of the parts. More significant, but rarer is the achievement of tighter coordination in federal systems achieved through intergovernmental co‐decision, as seen in the European Community and Australia. This has been accomplished in large part due to a consensus among all intergovernmental parties on the nature of the problem and congruence with the existing international regime, characteristics missing in the North American context.     

The failure of the Russian global license proposal and the future of alternative remuneration systems

As rights holders, courts, and policy makers worldwide struggle with the question of copyright infringement and the potential liability of internet service providers (ISPs) worldwide, Russia developed – and subsequently abandoned – a proposal for the creation of a global license to be imposed on ISPs which would allow for rights holders to be compensated for copyright-infringing activities carried out through those ISPs.Russia is not the first jurisdiction to look at a global license as solution to the wide spread of copyright infringements online. By analysing the Russian proposal for a global license, this article addresses the sustainability of such a model on a wider scale by analysing the legal implications this may cause. In this context, this article will address the Russian proposal's legislative history before moving into a substantive discussion about the synergies between legal justifications and merits of a global license.     

Critical Review of Research Evidence of Parenting Coordination's Effectiveness

Parenting coordination (PC) has been in use since the mid‐1980s, but research on its effectiveness is sorely lacking. We review the extant research organized by three themes: (1) parenting coordinators’ perceptions of their role and function; (2) professionals’ and parents’ views and perceptions of PC; and (3) outcomes of PC, including some measures of effectiveness of the PC process. While these studies provide some insight into PC effectiveness, there is still a lack of research that uses objective outcome measures of efficacy and that considers characteristics of the co‐parent dyad, personality difficulties, or the professional discipline of the parenting coordinator. Future research recommendations are discussed.     

A Paradigm Shift in the Practice of Family Law: A Response to Mosten and Traum

In their article, Interdisciplinary Teamwork in Family Law Practice, Mosten and Traum promote the use of an interdisciplinary, team‐based approach to family law practice. This commentary focuses on the two pronged shift in the current zeitgeist of family law practice. First, Mosten and Traum guide us away from an historically adversarial approach to family law practice, in which attorneys advocate for the legal rights of a single client, to a more holistic approach in which the focus is on the Family Global Case. Furthermore, the push toward Family Global Case shifts the focus away from discrete legal issues associated with reorganization to empowering families to self‐determine through their reorganization. This shift follows the movement in both medicine and mental health away from direct intervention for people with disorders to promoting wellness for at‐risk yet healthy individuals. The second prong of Mosten and Traum's approach is a movement toward more collaborative interdisciplinary functioning. However, the shift in the practice of family law from the sole practitioner working alone to being one member of a broader multidisciplinary team focusing on the future well‐being of the family brings with it not only issues of professional role definitions but also the development of a new combined set of ethics and models for training. These are discussed in detail.     

检察机关提起民事公益诉讼若干问题探讨

检察机关应当有权代表公共利益提起民事诉讼已成为理论界与实务界的共识,但就检察机关在民事诉讼中的地位、享有的诉讼权利义务、判决效力扩张等问题还未形成统一看法。检察机关在民事诉讼中应处于原告的诉讼地位,与普通当事人享有平等的诉讼权利义务,判决的效力也应当及于未参加诉讼的实体权利义务人。     

Interlocal collaboration and local climate protection

ABSTRACT

The influences of state government have been curiously absent from most studies of collaboration among cities. Extant research on city collaboration which promotes on climate and environmental sustainability issues focuses primarily on local-level institutions, politics, and processes. Thus, the role of states to constrain or facilitate collaboration among local governments needs to be more fully accounted for. Building on transaction cost and institutional collective action theory and drawing on data from a national survey of US cities, we investigate the influences of city-level factors together with the hierarchical effects of state rules and policies on the extent to which mechanisms for interlocal collaboration are employed in pursuing climate protection and renewable energy development goals. The results confirm predictions that multilevel intergovernmental forces influence the extent to which cities collaborate. These results have both theoretical and practical implications for understanding interlocal collaborations.     

论公司、企业人员受贿犯罪主体的立法完善

《刑法》第163条规定了公司、企业人员受贿罪,但这一规定,仅将犯罪主体规定为公司、企业的工作人员,而没有将其他单位的人员包括在内,因此会导致非公司、企业的单位人员利用职务上的便利收受贿赂的行为无法处理。这一漏洞需要通过修改《刑法》对公司、企业受贿罪的规定,扩大其犯罪主体的范围来解决。     

社区服务:现代社会的"安全阀"

经济全球化给各国特别是发展中国家带来社会不稳定因素,随着人重新"回归社区",也把不稳定因素带入了社区.社区服务多元化和服务水平的提升,能增强社区人的认同感、归属感,是社会稳定、发展的"安全阀".在现代社区服务中要增强社区助老、就业、文化、信息服务功能,并倡导志愿者精神和社会中间组织.