恢复性司法的中国命运

恢复性司法的正当性及在尊重受害人,促进犯罪人认罪悔罪、改过自新等方面的优势具有普适性价值.中国传统文化、现实条件等也有其适宜的土壤,因此恢复性司法在中国进行建构具有可行性,但是应当从中国现有司法实践出发,并在与中国国情不断融合中积极稳妥地推进.     

Policy Adoption and Policy Intensity: Emergence of Climate Adaptation Planning in U.S. States

The United States is experiencing growing impacts of climate change but currently receives a limited policy response from its national leadership. Within this policy void, many state governments are stepping up and taking action on adaptation planning. Yet we know little about why some states adopt State Adaptation Plans (SAPs), while others do not. This article investigates factors that predict the emergence of SAPs, both in terms of policy adoption and policy intensity (goal ambitiousness). Applying the diffusion of innovation theory, I consider the relative influence of internal state characteristics, regional pressures, and test for conditional effects between government ideologies and severity of the problem. The results show interesting differences between predictors that influence policy adoption and ambitiousness. States are more motivated to adopt a policy when faced with greater climate vulnerability, have more liberal citizenry, and where governments have crossed policy hurdles by previously passing mitigation plans. The intensity of policies and goal setting, moreover, is more likely to be driven by interest group politics and diffuse through policy learning or sharing information among neighboring states in Environmental Protection Agency regions. These findings support an emerging scholarship that uses more complex dependent variables in policy analysis. These variables have the potential to differentiate symbolic from substantive policies and capture finer information about predictors of importance.     

Gender Inequality,Social Reproduction and the Universal Basic Income

Despite extensive attention being paid to the effects of the Universal Basic Income (UBI) on society at large, there has been little analysis on the relationship between gender inequality and UBI. The purpose of this article is first to reflect on the feminist arguments in favour of UBI and then to examine some of these points by also considering other available policies. By looking into the role of women’s work in both productive and reproductive activities, it is argued that UBI should not be disregarded as a social policy. However, its transformative capacity to empower women and to strengthen their role in society should not be overestimated. In order to address this gap, policy makers should address misconceptions around gender norms and acknowledge the multiple forms of women’s work across the social relations of production and reproduction.     

The Corporatist Regime,Welfare State Employment,and Gender Pay Inequity

Mainstream economics conceptualizes wages as determined by market forces and reflecting productivity and investments in human capital made by individuals. These views, which have become taken-for-granted explanations of what wages are, hide the underlying dynamics of the gender pay gap and place responsibility on individuals instead of gendered social structures. This article proposes viewing gender pay inequity through a sociological lens, which implies acknowledging the complex societal dynamics and roles of institutions and actors in shaping wages. The Nordic welfare states are often considered women-friendly, providing female citizens with social policies and services that have enabled their extensive participation in paid employment. Simultaneously, the Finnish welfare state has relied heavily on inexpensive labour provided by women, thus actively contributing to the formation of a secondary female-dominated labour market. The secondary status of reproductive work conducted within the public sector has been further strengthened and institutionalized by the Finnish corporatist system via collective agreements. In policy-making, the central actors defend their vested interests through non-decision-making, limiting the scope of decision-making to non-threatening issues. This article discusses the dynamics of the Finnish corporatist regime, welfare-state employment, and the impact of both on gender pay equity in Finnish society.     

The Public Management of Risk: The Case for Deliberating among Worldviews

This article argues that the public management of risk faces inherent "wicked issue" problems which are further accentuated in the context of the contemporary regulatory state. It is suggested that in order to overcome these limitations and inevitable trade-offs, there needs to be a more conscientious effort in setting out distinct components of any public management of risk, which should be considered and discussed through the lens of distinct worldviews contrasting interpretations and solutions, as well as potential "black-spots." It is only by acknowledging limitations of any one strategy and by considering plural solutions that there is less likelihood of disappointment when dealing with crises and disasters.     

资源性国有资产之管理模式探讨

该文基于中国资源性国有资产管理的现状,提出在资源性国有资产管理模式选择上,应建立一个权威的统一的资源性国有资产管理机构,以克服政府的局限,解决代际公平的问题。同时,对资源性国有资产的管理应将直接手段与间接手段相结合,建立纵横交错、分工明确的资源性国有资产监督体制,健全资源管理方面的法律法规和评估市场,对资源性资产实行实物化管理,建立资源性国有资产开发、保护的基金制度等。     

Leading from Below: How Sub-National Governments Influence Policy Agendas

This article takes a state's eye view of trends towards a more centralised system of governance in Australia. It argues that while globalisation strengthens the roles of national governments it also provides less noticed public policy and management opportunities for sub-national governments. The article shows how state governments in Australia can use high-level policy proposals to reinforce their continuing relevance as key members of a federal system of government. It proposes that skilful deployment of policy ideas and analyses can enable the states to sustain alternative national agendas despite hostility or lack of interest by the federal government. In conclusion, the article examines the implications for federal-state relations under the Rudd government. It suggests that the elements for productive reform agendas are present but that bringing them together will require considerable effort.     

从“救济”到“治理手段”？——当前农村低保政策的实践分析：以河南F县C镇为例

作为国家推行的一项福利政策,农村低保要实现对农村贫困人群的救助。然而,在现实中,低保政策经历了从“绝对贫困”到“相对贫困”、从以户为单位到以人为单位的扭曲和变通,以至低保政策在某种程度上成为了基层政权的一种治理手段,从而背离了政策的本意。事实上,低保政策执行中出现的种种问题既是监管力度不够及制度建设不到位所导致,更与税费改革后乡村组织的治理困境密切关联。在这个意义上,基层政权的治理状况既是保障低保政策能否顺畅执行的根本,也是一个现代国家基本治理能力强弱的重要体现。     

浅论精神损害之国家赔偿

国家侵权精神损害赔偿制度是衡量一个国家民主法治水平的重要尺度之一。完善国家赔偿中精神损害赔偿是维护宪法权威、建立法治社会的需要,是坚持以人为本、构建和谐社会的需要,是融入世界潮流、适应历史发展的需要。实践中,构建精神损害国家赔偿制度必须从赔偿的范围、方式、标准、程度等方面入手,切实保证国家赔偿渠道通畅,保障公民的合法权益不受侵害。     

Darfur and Chad: A fragmented ethnic mosaic

In this article, I examine some of the interactions between the crisis in Darfur and Chad through its increasingly complicated ethnic threads and explain how Chad slid back into authoritarianism in 2004. Factionalism broke down the mesh of ethnic politics into personalised rule and allegiances. The international response to the crisis in Darfur allowed the Chadian leadership to reinforce its position in the country. Ever since, a precarious equilibrium set in. Déby has become the longest-serving president in the history of modern Chad. Previously weakened by interfactional agreements and oil wealth expectations and then by the crisis in Darfur, the regime re-established internal and external means for preserving the status quo. Yet appearances can be deceiving. The argument is based on fieldwork and secondary literature.