家事协议的效力与认定

家事协议是由具备家事行为能力的家庭成员就家庭生活重要事项协商一致达成的约束所有家庭成员之协议。具体司法裁判中，家事协议效力应基于其与法律之多重博弈关系，通过考量司法政策取向、司法能力及其系统性影响等因素来认定和择取案件最佳裁判路径与效果。     

Tackling unemployment in China: state capacity and governance issues

Abstract

This paper considers China's state capacity and changing governance as revealed through its policies to tackle unemployment. Despite high levels of growth, economic restructuring has resulted in rising unemployment over the last decade. The Chinese state has been able to manage job losses from state enterprises, demonstrating some state capacity in relation to this sector and some persistent command economy governance mechanisms. However both design and implementation of policies to compensate and assist particular groups among the unemployed have been shaped by weak state capacity in several other areas. First, capacity to gather accurate employment data is limited, meaning local and central governments do not have a good understanding of the extent and nature of unemployment. Second, the sustainability of supposedly mandatory unemployment insurance schemes is threatened by poor capacity to enforce participation. Third, poor central state capacity to ensure local governments implement policies effectively leads to poor unemployment insurance fund capacity, resulting in provision for only a narrow segment of the unemployed and low quality employment services. Although the adoption of unemployment insurance (and its extension to employers and employees in the private sector), the introduction of a Labour Contract Law in 2007, and the delivery of employment services by private businesses indicate a shift towards the use of new governance mechanisms based on entitlement, contract and private sector delivery of public-sector goods, that shift is undermined by poor state capacity in relation to some of these new mechanisms.     

The story of two administrative states: state capacity in Hong Kong and Singapore

Abstract

Hong Kong and Singapore are both typical administrative states with an efficient administration and a vibrant market, which had achieved rapid economic growth in the past decades. This article examines the trajectory of their state capacity, highlighting recent problems and challenges. Based on a conceptual framework that captures and links up four dimensions – namely polity, bureaucracy, economy and civil society – their commonalities and differences in response are discussed. Their experience should be of particular relevance to transitional authoritarian states in Asia such as China, which faces similar challenges to reform in the arenas of politics, administration, economics and society.     

Sex and Capacity: The Management of Monsters?

The first consideration by a civil court of the test of capacity to engage in sexual relations – X City Council v MB, NB and MAB – is as recent as 2005. This article places this and subsequent cases in the historical context of the way in which the law has constructed the sexuality of persons with intellectual impairment. The article argues that, beginning with a series of rape cases in the mid to late nineteenth century, which recognised the concept of consent given through the expression of animal instincts, the law has accepted and deployed a model of intellectual impairment which understands expressions of sexuality in terms of an increasingly unstable opposition between vulnerability and danger, understood as the presence or absence of instinct, and as indicating an underlying ‘monstrosity’. The article argues that the historical continuity apparent in the modern case law is unfortunate and should be rectified.     

论云南边疆地区民族乡政府能力建设--基于P民族乡的分析

受各种因素影响,云南边疆地区民族乡政府在自治、经济发展、公共服务、组织协调和学习等方面的能力还有待提高。加强云南边疆地区民族乡政府能力建设。需要从民族乡的社会、经济、文化的发展和国家体制以及政府内部管理等方面进行全方位的变革。并使之成为促进云南边疆地区民族乡经济和社会发展以及加快整个云南省发展的重要保障。     

Capacity Building for New Parliamentarians: Survey of Orientation and Induction Programmes

This article reports original research which built on conceptual issues previously identified by the authors. A survey of national parliaments sought information on orientation and induction programmes offered to first term members and on members' perceptions of those programmes. An overview of findings is presented and significant issues identified. Most programmes provided passive development through information and a handbook rather than active skill development. Few used training processes and techniques that were based on contemporary adult learning principles. There were sharp divisions over training and development in dealing with ethical issues. The findings suggest considerable potential for the further development of programmes and for sharing information about programmes in order to assist capacity building for parliamentarians and thereby enhance the performance of parliaments and individual members.     

Knowledge production and the construction of ‘Africa(ns)’ in the Caribbean

Abstract

There is a considerable lack of awareness of the interrelated nature of human activities due to insufficient information. A community without relevant information or public sensitivity to participation, in fostering a sense of personal environmental responsibility and greater motivation towards achieving personal goals, becomes problematic. Using the poststructuralist theory, this article takes a qualitative approach to analyse discourses and people's reaction to an ‘insecure’ environment within South African communities. It examines organisations which provide support to empower communities through education in Cape Town. One assumption here is that people gain knowledge about themselves, their environment and others around them, if they are empowered. The focus thus is on educational schemes and activities that communities and organisations undertake to challenge, accept and negotiate their ideological positions. The inventiveness and responses of the organisations considered, through the local communities and pupils, are therefore significant as they enable an understanding of the challenges encountered in democratic South Africa, including the causes of xenophobia. Ultimately, the consequences of ignorance about one's environment are detrimental to both neighbouring communities and people at large. The local communities considered expressed this sentiment while implicating the government's role in depriving its people of vital socio-cultural and politico-economic information.     

Management Quality and State Bond Ratings: Exploring the Links between Public Management and Fiscal Outcomes

How and when does management matter for government performance? Focusing on the quality of core management systems, this study proposes that one way management contributes to government effectiveness is by facilitating access to low-cost credit. However, whether well-managed systems have greater access to low-cost debt compared to poorly managed organizations depends in part on prevailing conditions in the external environment. The study tests these propositions in the context of state governments' general obligation bond ratings. Results from the pooled Tobit models show that states with higher-quality management systems are rewarded with higher bond ratings. However, the positive effects of management on bond ratings are attenuated when the economy deteriorates or political uncertainties increase.     

Hardening Budget Constraints: A Cross-National Study of Fiscal Sustainability and Subnational Debt

This study explores the financial sustainability of subnational governments in four different countries. Scholars argue that subnational fiscal capacity helps local governments deliver better public services and provide public goods, which in turn helps to promote economic growth. While administrative control by the central governments contributes to reducing moral hazard from the soft budget constraints, bottom-up strategies to manage fiscal profligacy also need attention. The study first provides understanding about the characteristics of central-local governance and management of subnational government debt of each country. Then, we test our hypotheses regarding local fiscal capacity and administrative control, including political-economic factors that may affect debt spending by local governments. Our findings show that subnational fiscal sustainability improves when the central governments have clear rules to intergovernmental transfers in place and more (market) liberal policies, meanwhile when subnational governments have a more fiscal capacity and less intergovernmental transfers they are able to manage their debt more soundly.     

European Union Training Missions: security sector reform or counter-insurgency by proxy?

With European Union Training Missions (EUTM) Mali and EUTM Somalia, the EU seeks to stabilize countries facing state weakness caused by intrastate conflict. While the EU formally promotes security sector reform (SSR) through its foreign policy, the EUTM missions in Mali and Somalia in one sense can be described as “counter-insurgency by proxy” as military trainees combat local insurgencies shortly upon graduation. This raises the question whether the EUTM missions are consistent with SSR aims, such as creating a security sector that is legitimate, sustainable, and under civilian control, or inadvertently risk contributing to negative side effects in the medium term. Based on extensive interviews in Belgium, Kenya, Mali, Sweden, and Uganda with personnel who either served in or planned these missions, this study analyses factors which hinder the EUTM concept from being fully consistent with SSR and identifies possible policies to ameliorate the risk of unintended side effects.