England's New Scheme for Funding Higher Education through Student Fees: ‘Fair and Progressive’?

From September 2012 most home undergraduates at English universities are being charged fees of £9,000 per annum. These are funded by a government loan, which attracts interest from the moment they start their course; after three years their accumulated debt exceeds £30,000. They can also borrow to cover their living costs, on the same terms, so that those studying in London can graduate with a debt of more than £50,000—although those from low‐income families can obtain grants and universities are encouraged to provide bursaries and other support to students from underrepresented groups. Graduates start repaying their debts once their annual income exceeds £21,000—at a rate of 9% of the difference between their income and that figure: until the debt is fully repaid it continues to attract interest, by as much as three percentage points above the current inflation rate. Using data from a calculator on a government website, this paper shows that the highest‐paid graduates pay back less than those on middle incomes: the ‘squeezed middle’ pays back more not only than those on low incomes but also the better‐paid and those whose incomes increase more rapidly. This has differential effects according to occupation—and sex; and middle‐income groups also contribute more to the costs of widening participation programmes, which all universities charging more than £6,000 per annum are required to fund.     

司法改革与公平正义——2014’辽宁政法理论年会论文综述

2014’辽宁政法理论年会以＂司法改革与公平正义＂为主题,组织辽宁省政法系统的法律工作者就司法体制改革、法律监督、中国梦与法制建设、量刑规范化、政法队伍建设等多个论题展开了深入研讨,展示了辽宁省政法系统理论研究的最新成果。     

Fairness and Justice for All? The House of Lords in White v. White [2000] 2 F.L.R. 981

In the recent U.K. decision of White v.White, the House of Lords clarified thelaw to be applied in applications under s. 25of the Matrimonial Causes Act 1973. Itconfirmed that the overriding goal of the courtin such cases was to achieve fairness, but,crucially, it articulated a view of fairnesswhich took equality and non-discrimination asstarting points. On this view, the courtchallenged historically gendered assumptions offairness, contribution to the family welfare,and the value of different kinds of work. Whilethe decision has far-reaching potential toachieve a form of substantive equality forwomen in cases of divorce, there is a dangerthat it may be confined to those cases, andissues of family finances will continue toappear unrelated to broader state policies.     

论沉默权规则的价值蕴涵

沉默权作为刑事诉讼活动的重要规则 ,已有三百多年的历史。沉默权是西方国家普遍承认的被控犯罪嫌疑人的基本人权 ,其价值蕴涵主要表现在两个方面 :一是体现程序正义理念 ,二是实现人权保障和惩治犯罪的统一     

从源头上防治腐败应加强程序性规则的建设

从源头上防治腐败的本质是维护正义 ,而正义往往与程序公正联系在一起 ,本文的主旨是用程序捍卫公平正义 ,做到从源头上防治腐败。     

Liberalism and religion: the plural grounds of separation

ABSTRACT

In what sense, and to what extent, should a liberal state be secular? Many interpret liberal-egalitarian political theory as dictating a radical separation between church and state. Against this view, Cécile Laborde has powerfully argued that, in fact, liberal-egalitarianism is not committed to strict separation as such. Laborde understands the liberal-egalitarian commitment to separation as ultimately grounded on a principle of neutrality. However, she argues that the conception of neutrality to which liberal egalitarians are committed is much more ‘restricted’ than it is often thought. If a commitment to separation is derivative from a commitment to neutrality, then, if neutrality is restricted, secularism is minimal. This means that not all forms of religious establishment should be regarded as impermissible from a liberal-egalitarian perspective. Contra Laborde, I argue that restricted neutrality should not be understood as the only ground of separation. Separation has plural grounds. Forms of religious recognition that do not violate any of the requirements of restricted neutrality may still be regarded as impermissible from a liberal-egalitarian perspective, if they (1) violate a basic commitment to fairness, (2) treat citizens in a patronizing way and/or (3) violate, in their justification, a requirement of sincerity, as grounded on reciprocity.     

利益衡量原则在仲裁实践中的理解与运用——从一起建设工程案谈起

利益衡量是民法方法论的重要内容,如何确定利益衡量的标准以及能否确保得到公正的结论是利益衡量原则在法律实务中运用的难题。为此,本文以仲裁实务中发生的一起建设工程案例为切入点,对利益衡量原则在仲裁实践中的理解和运用进行探讨。     

“碳道德”的公平维度——基于低碳经济的视角分析

公平是当前低碳经济的热点、焦点和难点。在低碳经济背景下公平既是低碳责任合理分担的前提,也是落实低碳责任的基础。公平根源于经济基础,因此,只有坚持公共利益优先原则,强化人类的公平意识,提高人类的"碳道德"素养,才能实现人类文明与自然的耦合与自洽。     

和谐社会语境中的社会公平

社会公平是人类进步的一种价值尺度。构建社会主义和谐社会是中国发展的目标追求,社会公平是和谐社会的支柱,构建和谐社会必须高度重视社会公平。社会公平既是政治关系和谐的保障,也是经济关系和谐的基础,更是人际关系和谐的前提。我们要积极探索实现社会公平的有效途径,加强制度建设,营造公平环境;正确处理公平与效率、先富与后富的关系;协调利益关系,正确化解矛盾,构建社会主义和谐社会。     

Child Poverty and Social Mobility: Taking the Measure of the Coalition's ‘New Approach’

Reviewing two of the latest reports by social mobility tsar, Alan Milburn and ‘social justice’ champion, Iain Duncan Smith, the article examines the politics and policy of the Coalition's fairness strategy and the jostling for position that is going on behind the scenes. Whilst continuing to pay lip service to the goal of ending child poverty, the government is seeking to redefine the problem, away from a narrow focus on relative low income. Beneath the rhetoric, the article highlights the close similarities between the ‘new’ and ‘old’ approaches, finding that the evidence behind the government's claims is unconvincing. Far from offering a ‘step‐change’ in provision, it concludes that in the new age of austerity the Coalition will struggle to make any positive progress on tackling poverty and improving the relative life chances of disadvantaged children.