论我国非物质文化遗产的立法保护

非物质文化遗产是世界遗产的重要组成部分,立法保护非物质文化遗产具有重要的意义。深入分析非物质文化遗产保护法律关系的客体、非物质文化遗产的立法保护模式及非物质文化遗产保护的司法救济制度,将有助于我国非物质文化遗产保护法的制定。     

布迪厄的"场域-惯习"理论在社会福利研究中的运用

布迪厄的“场域-惯习”理论在社会福利研究中具有重要的方法论意义。福利场域不仅是现代社会中一个相对独立的子场域,而且具有独特的惯习,即福利惯习,全面理解福利场域与福利惯习之间的辩证关系对于我国的社会福利制度建设实践具有重要的指导意义。     

A CASE FOR REFORM OF THE CHILD WELFARE SYSTEM

There are more than half a million children in our nation's foster care system. While foster care is intended to provide a temporary safe harbor for abused and neglected children, too many of these youth spend years in foster care limbo—experiencing a turbulent life in motion as they move from placement to placement, community to community, and school to school. Youth in foster care commonly fail to receive basic health and psychological care, and nearly 20,000 youth age out of foster care every year to an adult path of homelessness, unemployment, and despair. Our entire community must work together to more responsibly parent these youth. This article will address how lawyers and child advocates can advocate for new approaches and enhanced support on behalf of the voiceless and most vulnerable members of our community. It will address existing hurdles and systemic challenges that have helped to create the current disheartening status quo. The article will then discuss strategies that advocates can employ to turn the corner on behalf of these youth at risk.     

斯堪的纳维亚模式终结了吗？——论北欧国家的福利改革

福利社会的斯堪的纳维亚模式在许多年来被看成是"蒂特马斯典范"①,即对社会政策制度化再分配模式实施的范例.然而,最近的改革趋势对这一假设提出了挑战.除了诸如削减开支之类的规则变化外,其他的变化尽管很多,如1990年代制度设置和福利国家目标的改变等;尽管和十几年甚至二十多年前比,斯堪的纳维亚福利国家的特征弱化了,且该模式正在趋于欧洲化,但其主要变化仍只是对现有模式的局部修正,而不是完全趋同于欧洲社会模式,因而并不意味着这一福利模式的终结,它仍然还是独树一帜的.一些新因素的出现仅仅是欧盟内部福利模式发挥着作用的表征.     

LESSONS LEARNED FROM A CHILD PROTECTION MEDIATION PROGRAM: If At First You Succeed and Then You Don't…

This article discusses the U.A.L.R. child protection mediation program as well as several other child protection mediation programs in order to examine what makes a program a continuing success. Child protection mediation programs have gone through a period of tremendous progress and growth over the past 20 years in the United States and Canada. Numerous studies have shown that child protection mediation helps families and courts by lowering the amount of time that children spend in foster care and the amount of costs for courts and agencies. Child protection mediation is an essential tool for juvenile courts and the families that have cases there. This article addresses the development of child protection mediation programs, their importance to juvenile courts, and some reasons that these programs succeed or fail. Although many of these programs have early accomplishments, they have not always been able to maintain their growth or to continue to exist. The U.A.L.R. Mediation Project has not sustained its early levels of cases or referrals from court for numerous reasons. Using the techniques of other thriving programs, we will attempt to restart and re-energize the program. It has been established that the people who have a role in the establishment of a program, the funding sources and especially the commitment of the parties to the program all have a significant long-term impact. This article points out how programs should begin and proceed if they are to be a long-term success.     

公共利益：一个需要界定的行政法原则

公共利益,作为一个行政法的基本原则,其特定的法律内涵有两个方面的层次,一个是相对于个体利而言所具有的内容,即机会均等、公平竞争、资源共享和社会福利;另一个是功能性内容,即通过行政管理调节利的再分配。与此相应,公共利益应当具有以例举式与概括式相结合为特点的法律形式和通过一定条件下的“博弈”程获得实现的方式。     

Welfare state reforms and mass media attention: Evidence from three European democracies

The mass media is conventionally assumed to play an important role in welfare state politics. So far, however, we have very little systematic theorizing or empirical evidence of when and how the mass media reports on welfare state reforms. Building on news value theory and the welfare state reform literature, we develop a set of hypotheses about mass media reporting on welfare state reforms. We argue that mass media attention is conditioned not only by the direction of reforms, with cuts getting more attention than expansions, but also by the election platform that the incumbent party ran on in the last election as well as by the policy reputation of the government. Drawing on a new dataset including about 4,800 news articles in British, Danish and German quality newspapers from 1995 to 2014, we find supporting empirical evidence of our expectations.     

论经济法利益观对民法缺陷的弥补

经济法以社会利益作为保护目标,注重社会的协调发展,不仅能协调个人利益相互间的 冲突,还为个人利益的实现提供了良好的环境和基础。这种利益观弥补了民法调整经济关系时的 缺陷,也决定了自身的制度特征,是反观经济法的良好钥匙。     

Downbound spiral? Economic grievances,perceived social protection and political distrust

Abstract

Momentous events in Western democracies have brought renewed attention to how various aspects of government-controlled policy outputs and outcomes affect citizens’ trust in politics. Unlike most previous research, this study uses individual-level panel data to test the link between government performance evaluations and political trust. Moreover, it gauges performance in more policy areas than previous research, including key aspects of government-controlled social services as well as a wide range of economic risks. The study finds that evaluations of government performance affect political trust but that the evidence is stronger for evaluations of social protection than for economic risks. Crucially, the analysis suggests that the relationship between performance evaluations and distrust is reciprocal. The relationship may be described as a ‘downbound spiral’ where dissatisfied groups develop distrust, which in turn makes for a more pessimistic interpretation of economic risks and welfare state performance.     

美、德新型惩罚性赔偿对我国《消法》修订的启示

以大陆法系划分公法与私法的观念来看,国内外原有的惩罚性赔偿实为私法社会化属性的责任。近年来,美国、德国惩罚性赔偿制度有了新的发展动向,出现了新型惩罚性赔偿即集体公益罚金形态,它注重直接保护消费者等集体公益,已不再为私法社会化属性的责任。正在进行的我国《消费者权益保护法》修订可从中得到重要启示。