试论公权力与私权利之间的法律平衡--关于制定《传染病隔离法》的思考

2003年春夏之际,一场始料不及的瘟疫——“非典型性肺炎”席卷了我国大江南北。通过各级政府和全社会公民的良性互动,目前疫情已经得到了阶段性的控制。回首抗击“非典”的日日夜夜,少数人借“非典”之机大发不义之财;而更多的公民则为了控制疫情积极配合政府采取的应对措施。有法可依,依法办事,切实保障每一位公民的基本权利,这是法治国家政府在防治严重传染病过程中面临的重要问题。这场瘟疫不仅考验了科学,而且也考验着政府的应急能力及其法律是否完善。在我国缺乏《紧急状态法》的前提下,政府为了应对突发性公共卫生事件而采取了(包括“隔离”等限制公民人身自由在内的)一系列行政强制措施。政府行政权力的底线是尊重和保障人权,而不能随意压制公民、法人和其它组织的私权利。“塞翁失马,焉知非福。”尽早出台《传染病隔离法》等相关法律,从立法和执法中寻求公权力和私权利之间的动态平衡未尝不是抗击“非典”给我们带来的启示。     

论禁毒情报调研成果的评估及利用

对禁毒情报调查研究的成果进行评估,是对调研获得的情报的内在质量所作的审核、评价,以便更好体现禁毒情报的价值。其评估内容表现在:真实性和有效性;评估方法主要有:分析与综合的方法,归纳与演绎的方法,比较的方法,“人、事、物”联系方法以及提出假设的方法。禁毒情报调研成果的利用主要是:为社会治安综合治理提供依据;为制定打击、预防毒品违法犯罪对策提供依据等七个方面。     

论公共政府的伦理精神

公共政府的产生依据及其所担负的责任决定了其必须拥有一种价值依归,包括最核心的公正精神和与此相联系的一系列的伦理精神。公共政府伦理精神的构建和弘扬是现代政治生活和谐有序的根本保证,而政治制度的道德化和政治道德的制度化的双向互动及行政人员的伦理道德管理和训练是塑造公共政府伦理精神的重要途径。     

The Quiet Revolution? The Labour Party and Welfare Conditionality

Labour's 2017 general election manifesto contained a pledge to ‘end the punitive sanctions regime’ in the British welfare state. Whilst the specific implications of this pledge were not elaborated, such a policy would nevertheless constitute a profound break with a welfare consensus spanning over twenty years. The depth of the suggested changes on welfare are also evident in the scale of reform proposed to disability benefits, as well as plans—confirmed in August 2018 by the Shadow Chancellor John McDonnell—to pilot universal basic income. Collectively, these policies would seemingly be deeply at odds with public opinion on the benefits system, which over the course of the last two decades has significantly hardened. Yet despite the seemingly radical and controversial nature of the policy, it received very little media or public attention during the election campaign. This article explores Labour's ‘quiet revolution’ on welfare, examining whether Labour's new welfare approach is indeed a bold attempt to reshape public opinion on welfare or, alternatively, a mostly pragmatic reaction to changing social attitudes. The argument presented is that whilst there are persuasive explanations that Labour is responding to a change in the public mood, there is also evidence of a more ambitious goal at stake: the aim of reshaping, not simply responding to, public opinion on the welfare state.     

Personal values and value congruence of public administration graduate students: An exploratory study in China

Explorations on the value profiles of current and prospective public organisation employees in China are scarce. The current study investigates this critical issue. Data were collected via a questionnaire from graduate students enrolled in a school of public administration in China. The sample consisted of both full‐time students who were prepared to pursue their careers in public organisations upon graduation, and part‐time students who were mostly public organisation employees. Multivariate analyses of covariance (MANCOVAs) and analyses of covariance (ANCOVAs) were used for data analysis. The results show that there are consistent value preferences among all students, and some noteworthy patterns in the relationship between value profiles and demographic and work‐related features. The results also shed light on whether a unique value set could differentiate various types of organisations, and demonstrate that employees in the core public service perceive higher level of value congruence than those in parapublic sectors. These findings provide implications and insights for the management practices in public organisations.     

Public Wi‐Fi provision by Australian local government authorities

Investment by Australian local government authorities (LGAs) in public Wi‐Fi (PWF) provision has grown substantially in recent years. PWF represents the first significant venture of LGAs into telecommunications, a field of national jurisdiction, and thus is a precursor of wider local investment in digital communication technologies, particularly the Internet of Things and other ‘smart city’ infrastructure. However, there has been little published analysis of PWF provision and use in Australia. This knowledge gap limits understanding of the rationales, business models, and uses and impact of investment in these networks and offers little guidance for local authorities and communities contemplating wider ventures in the field of digital networks. This article draws on a national survey of PWF provision by LGAs, together with interview data and critical analysis of policy and institutional settings, to present an overview of local PWF provision in Australia. The analysis highlights some familiar problems associated with LGA infrastructure investment and service delivery, as well as some novel challenges posed for local managers by digital communication networks. Following an empirical mapping of PWF provision in Australia, we explore three significant themes that our research in this field highlights: accountability and transparency, competence in the field of information and communication technologies (ICT) and evaluation.     

How interest groups influence public opinion: Arguments matter more than the sources

Through what mechanism do interest groups shape public opinion on concrete policies? In this article, three hypotheses are proposed that distinguish between the effect of the arguments conveyed by interest groups and the effect of interest groups as source cues. Two survey experiments on the proposed Transatlantic Trade and Investment Partnership (TIPP) and the 2015 Paris Agreement on climate change allow the testing of these hypotheses. The resulting evidence from several countries shows that, with respect to interest groups’ attempts at shaping public opinion, arguments matter more than their sources. This is so even when accounting for people's trust in the interest groups that serve as source cues and for people's level of information about a policy. The finding that interest groups affect public opinion via arguments rather than as source cues has implications for the literature on elite influence on public opinion and the normative evaluation of interest group activities.     

传播要素视角下网络衍生舆情成因的多维分析

衍生舆情是近年来网络舆情所呈现的新特点,尤其由突发公共事件引发的网络舆情,衍生舆情的出现几乎成为一种必然,其所造成的“二次影响”甚至超过原生舆情,给舆情危机的防范和应对带来了更大的挑战。基于此,从传播要素的视角探讨在由突发公共事件引发网络舆情中出现衍生舆情的成因。研究认为,突发公共事件是衍生舆情出现的前提,其模糊性、关联性和刺激性会对衍生舆情产生直接影响;政府、媒体和公众是衍生舆情形成的重要因素,在信息传播中它们基于各自利益诉求而呈现的不同行为逻辑是衍生舆情产生的根本原因。     

Governance gaps in eradicating forced labor: From global to domestic supply chains

A growing body of scholarship analyzes the emergence and resilience of forced labor in developing countries within global value chains. However, little is known about how forced labor arises within domestic supply chains concentrated within national borders, producing products for domestic consumption. We conduct one of the first studies of forced labor in domestic supply chains, through a cross‐industry comparison of the regulatory gaps surrounding forced labor in the United Kingdom. We find that understanding the dynamics of forced labor in domestic supply chains requires us to conceptually modify the global value chain framework to understand similarities and differences across these contexts. We conclude that addressing the governance gaps that surround forced labor will require scholars and policymakers to carefully refine their thinking about how we might design operative governance that effectively engages with local variation.     

Opaque transparency: How material affordances shape intermediary work

How do the material aspects of intermediary work affect regulators, targets, and beneficiaries? To shed light on this question, we studied an information intermediary in the form of a website and the organizations who founded it. Specifically, we analyzed FracFocus, a self‐regulatory initiative with strong industry ties, charged with disclosing data pertaining to the chemicals used in oil and gas wells completed using hydraulic fracturing technology (fracking) in the United States and Canada. We found that between 2010 and mid‐2017, the vast majority of legislation in states and provinces where fracking actively occurred was updated to mandate or encourage disclosure via FracFocus, meaning that it had a considerable effect on the trajectory of official regulation on fracking disclosure. We also found that FracFocus disclosed important data but did so in a manner that limited accessibility and reduced the comprehensibility of environmental and public health risks to beneficiaries. Our analysis suggests that the public's experience of such a device is one of opaque transparency, in which the line between official and non‐official regulation is blurred. We traced these outcomes to the material affordances created by FracFocus.