论我国他物权体系的整合与重构

他物权为我国物权法制定中的最大难点。物权法应从他物权制度的沿革、现状和存在缺陷入手 ,以财产所有权权能与财产所有权分离的基本次序和他物权内容的多寡状况为标准 ,对他物权体系全新构建和重新整合。控占权、占用权、用益权和经营权构成他物权的基本类型和科学体系。传统民法理论中所谓的担保物权并非单纯的物权 ,应将其从传统他物权体系中移离到其本应所处的地方———债的担保制度     

Anger and Aggression: A New Beginning?

Within our civilian population, Intimate Partner Violence (IPV) has become a major health problem. Consequences of anger and aggression have resulted in incarceration rates which place the United States as the world's leader with 2.2 million people in prisons and jails. The current treatment of anger and aggression is based primarily on theories that were developed in the early 1980s. Advances in neuroscientific knowledge have exponentially added to our understanding of the underlying biological basis and neuroanatomy of violence and aggression. Through a binaural sound‐based non‐verbal intervention, we have found a key to unlock long‐term memory (Reconsolidation) that facilitates rapid remediation of anger and violence issues. Within our Pilot Study findings, a number of our combat‐veterans with Post‐Traumatic Stress Disorder (PTSD) experienced a positive transformation in their capacity to evidence empathy, intimacy and social engagement as contrasted with their prior isolative tendencies. We extrapolate how this intervention might positively impact those engaged in Anger Management (AM) and IPV programs.     

对公共部门人力资源管理的思考——以新公共管理为视角

公共部门人力资源管理是公共部门对工商业人力资源管理技术的借鉴性引入。我国目前在公共人力资源管理方面还存在着很多的不足,新公共管理范式在人力资源管理方面提出了适应时代要求的许多新思想,对我国的公共人力资源管理有着重大的借鉴意义。     

以中华传统文化为视野的高校教学管理本土化研究——以福建为例

本土化是对教学管理理论及实践诉求的回应,包含引入、结合与创新三个层次,"引用"是前提,"结合"是关键,"创新"是根本。提升高校教学管理本土化的认识是我国高等教育加快实现现代化、国际化的需要。教学管理是高校教学工作的重要组成部分,在本土化发展方面我国高校教学管理具有引用、借鉴、结合并尚未形成理论与实践体系等特征。因此,从中华传统文化的视角研究教学管理本土化问题,对于深化高校教育教学改革,推进高等教育现代化发展,具有积极的意义。     

公安院校警务化管理中人民警察核心价值观的培养--一个结构功能主义视角

人民警察核心价值观是人民警察在长期的警务实践中形成的、具有警察职业特色的价值关系的基本观点和理念。公安院校的思想政治教育工作是公安院校大学生学习和培养人民警察核心价值观的重要载体,警务化管理是公安院校思想政治教育的主要实现方式。目前警务化管理中存在一些争论。从结构功能主义视角阐释公安院校警务化管理中人民警察核心价值观养成的实现途径,可整合这些争论。     

新公共管理在日本的实践——兼谈对中国的启示

上个世纪70年代后半期以来,西方各国公共管理领域掀起了“新公共管理”浪潮。日本在引进这种改革措施时,为了适应本国传统行政文化,作了某些修正。在经合组织成员国中,日本的新公共管理改革是独特的,对中国的经济、行政改革有一些有益的启示。     

论智能交通技术的应用与改进

国内大部分城市正在进行智慧城市的规划和建设,智能交通是智慧城市建设的重要内容,缓解交通拥堵、减少交通事故、改善城市环境已成为各级政府加快经济发展中必须开展的工作。然而,智能交通建设中也暴露出层次不高、收效不大、照搬较多、凸显本城市特点的应用较少等问题。因此,有必要通过分析现状,找出问题,在应用和技术两个层面提出建议,以期提高智能交通的实际应用水平。     

Actions by Political Officials Have Weakened the Federal Government Workplace: Downsizing Has Cut Lower Level Workers the Most and Replacing Federal Employees with Private Corporations Costs Much More,Creating the Need for Immediate Reform

Abstract

The authors of this paper are four practitioners each of whom has many years of experience working in the Federal government and also has pursued doctoral studies in public or business administration. Three ideas developed in this paper are that: (1) the Federal civil service has been changed from being a model workplace to a much less desirable one; (2) although downsizing has been touted as an efficiency and economy measure, lower level employees experienced the most cuts and (3) the current practice of replacing Federal employees with private corporations costs much more. Over the past two decades private sector workplaces in the United States, and now the Federal government workplace, have experienced so much change that previous theories, concepts, models, and expectations no longer hold. Just as private industry workplaces have been changed by downsizing, reorganizations, mergers, elimination of middle management, and outsourcing, so, too, has the Federal government workplace been fundamentally altered. Reducing the number of government workers, replacing Federal employees with private firms, increasing the number of officials with political agendas, and using harsh personnel management practices have transfigured the Federal workplace. Examples of factors that have contributed to a changed workplace include: the Civil Service Reform Act which replaced the Civil Service Commission with the Office of Personnel Management; importing private sector approaches into the government, e.g., the Grace Commission; replacing the Civil Service Retirement System with the Federal Employees Retirement System; pressure to downsize and privatize; and many elements of the National Performance Review and Government Performance and Results Act. Now that the metamorphosis away from the traditional Civil Service borne of the Pendleton Act is nearly complete (although the new paradigm is not entirely clear), questions about the effects of a changed government workplace are being raised. Some people believe the metamorphosis is from a caterpillar to a butterfly, while others think the opposite. Whether the changed Federal government is a thing of beauty or a distasteful organism will be determined over time by observations and assessments of the effects of the change. These effects will be both internal to the government workplace, itself, and external to it, involving the products, services, outputs, and outcomes it produces. This paper begins by describing some of the politically mandated changes that have altered the very foundation of the Federal government workplace over the past 20 years and made it a much less desirable place to work. Next, some of the effects of two politically mandated changes are examined: (1) downsizing or reducing the number of Americans who can work for their government and (2) contracting out or replacing government workers with private corporations. Political officials have told the media and the American public that these changes were needed to improve the government's efficiency, effectiveness, and economy. It has been suggested that these initiatives will reduce costs. However, an examination of downsizing and contracting out shows the opposite effect. While overall the Federal government has fewer employees now than in 1961, the statistics indicate that lower level employees have been cut the most:

• The number of secretaries decreased by 39% between 1992 and 1998.

• The blue collar workforce is down 40% since 1982, e.g., Supply Clerical and Technician (?35%), Accounting Technician (?24%), and Electronics Mechanic (?41%).

• Between 1993 and 1998 the number of GS‐1 to GS‐10 employees fell from 767,000 to 594,000.

• In 1983 the number of GS‐1 to GS‐10 workers exceeded GS‐11 to GS‐15 by nearly 300,000, while in 1997 GS‐11 to GS‐15 outnumbered the lower level workers by 44,000.

Although authoritative cost comparison studies are difficult to conduct because top officials have made little provision to collect information on the cost of contracting with private firms or the number of contract employees, available information indicates that it is much more expensive than using government employees. The contracting out we are talking about is not the usual kind—building ships or planes, or acquiring computer systems or special expertise not available in the government. Rather, it is contracting with private firms to do jobs that are currently being performed by Federal employees. Not satisfied with the level at which firms are being substituted for Federal employees, actions by political officials have created an environment which now favors private corporations and where they can be given work at top management's discretion, often regardless of cost. In fact, today most contracting out is done without the use of Circular A‐76 Cost Comparison Studies. There is empirical and logical evidence that shows that replacing government employees with private corporations is more expensive. For example, a study by the Department of the Army documents what people close to contracting have always known—that it is far more expensive to contract with a private firm for work than to have Federal employees do it. Logically, the government incurs additional items of cost when replacing Federal employees with private corporations. First, there is the profit that goes to the firm. Second, there is the firm's overhead which pays for corporate offices, staffs, and CEOs. Third, there are the costs of the contracting and award process and of contract administration and management. Although the worker on a government contract may be paid a little less than a government worker, the cost of the worker is only a third to a half of what the government pays the firm. Thus, replacing government workers with private firms usually costs far more and it is not unusual for it to cost two to three times as much. This paper partly is based on the authors' long experience in the Federal government. It is not based on the organizations in which they are currently employed.     

放射诊疗管理中的问题及法律适用探讨

加强放射诊疗监督管理是落实放射诊疗安全的重要内容,对确保从事放射工作的人员、接受诊疗的患者以及在放射诊疗工作场所活动的其他人员的健康权益具有重要意义。本文根据2011年12月31日通过修改的《职业病防治法》,对基层放射诊疗许可及个人防护用品管理等问题进行探讨,就法律适用中几个问题提出粗浅见解。     

加强和创新四川藏区社会管理的实践与思考

近年来,四川藏区在对牧民定居点、寺庙及僧人、流动人口与特殊群体、境外非政府组织和民间组织的服务管理中,树立以人为本、服务为先的理念,开展了一系列加强和创新社会管理工作,努力化解影响社会和谐稳定的突出问题,有力推进了藏区跨越式发展与长治久安。但在工作中也存在覆盖面不广、人员经费不足、重管理轻服务等问题。未来应进一步扩大工作覆盖面、创新服务管理方式、建立常态工作机制、加强人员经费保障,推动四川藏区社会管理再上新台阶,为维护全省社会和谐稳定做出新贡献。