Governing complex societal problems: The impact of private on public regulation through technological change

When addressing complex societal problems, public regulation is increasingly complemented by private regulation. Extant literature has provided valuable insights into the effectiveness of such complex governance structures, with most empirical studies focusing on how public regulation influences private regulation. Conversely, the impact of private on public regulation is less well studied. Here, we investigate this impact with a focus on technological change as possible mechanism. Based on a case study of energy efficiency in buildings in Switzerland, we find evidence of a symbiotic interaction between public and private regulation that leads to ratcheting-up of regulatory stringency. We identify technological change as the mechanism linking private and public regulation. We discuss the relevance of our findings for governance literature and regulators.     

论我国非犯罪化的司法路径

当前,我国犯罪一直呈上升态势,导致刑事司法工作压力巨大,研究非犯罪化的实现路径对我国刑事司法实践具有重要的现实意义。从广义上理解,非犯罪化包括立法上的非犯罪化和司法上的非犯罪化。我国转型时期的社会现实和刑法立法模式决定了司法上的非犯罪化是我国当前非犯罪化的主要路径。司法上的非犯罪化可从三个层面展开,它包括侦查阶段的非犯罪化、起诉阶段的非犯罪化和审判阶段的非犯罪化,每个阶段的非犯罪化其具体实现方式存在差异。     

论荣辱

荣辱作为一对基本的道德范畴 ,内含社会和个人对特定事件与人物的价值判断 ,反映人的道德价值、生存价值和社会价值 ,是一种特殊的道德情感。对荣辱要做出正确的评判 ,必须从人的行为的善恶正邪出发 ,方能对其本性和根源进行透彻的理解。“荣辱”作为一个历史性的范畴 ,归根到底来源于人们所处的社会生活条件和经济关系 ,其内涵会随历史条件的改变而改变。在市场经济条件下 ,道德教育应该遵循以义制利、以公导私、先予后取的原则指导荣辱观的培养。     

侦查情报分析

情报分析研判是侦查情报信息工作乃至整个侦查工作的重要组成部分。情报分析研判可以有效地提高侦查工作的主动性、针对性和侦查工作的效率。情报分析,一般选择多发性案件、系列性案件、苗头性案件、疑难性案件、特殊性案件进行分析研判。情报分析研判的路径有:分析结果,揭示原因;分析现象,揭示规律;分析苗头性情报,揭示预警性情报;分析问题,揭示对策。情报分析研判的方法有对比法、分析法、综合法、案例分析法以及计算机辅助分析法等。     

违法宣传超声刀医疗美容引发的监管思考

超声刀在美国作为医疗器械管理,但在我国尚未纳入医疗器械且未准入其进口。上海市卫生行政部门以违法宣传的医疗服务项目为切入点,查处使用超声刀开展医疗美容的超范围诊疗行为,采取多维度惩戒手段,起到了良好的威慑、警示作用。市场监督管理部门、卫生行政部门、网络信息主管部门应当齐抓共管、综合执法,进一步提升整治效果。     

案事件数据可视化研判平台的构建与应用展望

伴随信息化技术的普及,如何利用重大案事件现场勘查结果发掘要素关联关系及关键物证关联的外源信息,对现场勘查的调度指挥和定罪量刑具有极其重要的作用。作者在对国内外现场勘查技术的新进成果进行综述的基础上,以案事件要素关联机理为基准,现场要素可视化技术为核心,开展现场要素数据关联研判及可视化技术分类研究。本文从总体框架、功能模块、关联模式和方案设计等方面,介绍了现场勘验数据可视化展示与目标关联分析研判平台构建内容,并对研发出的案事件数据可视化研判平台的应用前景进行展望。     

Pre-judice and identity

The multifarious relations between the general and the particular, between distance and proximity and between 'belonging' and 'difference', relations that pertain to the realm of judgement, are of central significance in recent debates in the social sciences and their concepts of 'identity'. Therefore, Friese explores the implicit or explicit concepts of 'identity' in anthropological theorizing that assume not just the unity and coherence of the subject and its alleged belonging to a well-defined social configuration - be it a group, an ethnos, a nation - but presuppose the stability and continuity of its structural features. In order to gain distance from such theoretical edifices and a stable ontology of the social world, she brings into play approaches that resist the construction of unequivocal and stable identities by conceptualizing social relations in terms of mutual 'othering' and temporality. By referring to these approaches, perspectives are opened up that question not only the presuppositions of (theoretical) 'pre-judice', but also the assumptions of the new 'politics of identity'. What is proposed is a rewriting of the project of Enlightenment and an abandonment of any politics that is based on the heteronomy of judgement and that aims at establishing unquestioned ontologies of belonging and identity.     

Freedom,Peace and Politics: Crick and Northern Ireland

Intimately throughout the 1970s, and in a more detached way for the rest of his life, Bernard Crick thought seriously about the politics of Northern Ireland. Though he produced no systematic study of the Northern Ireland Question, and though at first glance Northern Ireland appeared to be unpropitious territory for the author of In Defence of Politics, his reflections illuminated a deep concern with the relationship between politics, freedom and peace. This article argues that Crick's writing on the subject constitutes a sustained appeal for a ‘realism of pragmatic potential’ in contrast to that despairing ‘realism of impossible certainty’ which, he felt, frustrated hopes for political progress.     

State Renewable Energy Governance: Policy Instruments,Markets, or Citizens

Since the 1990s, state governments in the United States have diversified policy instruments to encourage the electric power industry to deploy renewable sources for electricity generation. This study identifies the trends and variations in renewable energy (RE) policy governance among states and examines the effectiveness of policy instruments in the deployment of RE sources for electricity production. This study explores 18 state legislative, RE‐related regulations, programs, or financial incentives existing between 2001 and 2010 in 48 states in the United States. Renewable energy policies were classified into three types of policy approaches: command‐and‐control, market‐based, and information instruments. Results suggest that authoritative approaches are more likely to be effective in the governmental intervention toward a pre‐existing market, and information instruments and citizen participation became important in the power industry in the 2000s. In addition, it gives us some evidence that federal assistance under the American Recovery and Reinvestment Act of 2009 influenced the overall growth of the renewable electricity industry, in addition to state government–led policy designs.     

Economic Consequences of Transfer Fee Regulations in European Football

We discuss the effects of three different transfer fee systems in European football on contract lengths, wages, profits, education incentives and the number of talents being educated. The different regimes, being used until the Bosman judgement of 1995, currently in use, and recently proposed by the European Commission differ with respect to the transfer fee an initial club must accept in case of a transfer depending on whether a player has a valid contract or not. In particular, we argue that due to its averse effects on investment incentives, the Commission should refrain from its Suggestion of abolishing freely negotiable transfer fees. Our analysis also sheds some light on the issue under which circumstances binding long-term contracts should be allowed in general labor law.