西方土地利用规划中的公众参与和实践模式

西方土地利用规划中的公众参与是建立在广泛而深厚的理论基础之上的,正是在这种理论基础上,诸如美、英、德等西方国家在土地利用规划中也有着非常成熟而有效的公众参与实践模式,这些都十分值得我国学习和借鉴。     

就业歧视与劳动平等权的实现

按照国际劳工组织的定义，就业歧视是指“根据种族、肤色、性别、宗教、政治观点、民族血统或社会出身所作出的任何区别、排斥或优惠，其结果是取消或有损于在就业或职业上的机会均等或待遇平等。”联合国《经济、社会及文化权利国际公约》规定，人人都有机会凭其自由选择和接受的工作来谋生的权利．并将采取适当方法来保障这一权利的实现。     

论侵占罪中“代为保管”的含义与性质

侵占罪中的"代为保管"是指非财物所有人基于法律或事实上的原因而对自己事实上控制着的他人财物进行保管;"代为保管"的性质是"合法持有;"对于"合法持有"的含义,应从持有根据、返还请求权和持有心态等三方面予以限定。     

旅游规划失灵与利益主体分析

旅游业的综合性和旅游资源的多样性要求旅游规划的制定者必须具有极其广博的知识,因此旅游规划任务必须由多学科领域专家组成的工作组来完成。应尽快建立国家和地方的旅游规划专家网络、旅游规划专家信息库、旅游规划市场规则和若干技术规范,从而提高规划团队的整体素质以及规划的质量。     

试论生育权

作者对生育权的概念,地位、保护其主体的权利和义务,以及生育权与计划生育的关系等问题做了较深入的探讨,以期引起读者对生育权的重视。     

Russia's “turn to the east”: a study in policy making

Russia's recent reorientation “to the East” has gained increased urgency given events in Ukraine. Here the policymaking process surrounding the “turn to the East” is examined. The focus is on the economic dimension – the economic development of the Russian Far East and engagement with the Asia-Pacific region – rather than geostrategic and security issues. Policymaking is evaluated in terms of general approach and process, with the implications of the evaluation for Russian policymaking more generally then being explored. “Turn to the East” policymaking exhibits a strong commitment to strategic planning that is characteristic of Putin, and which in this case struggles not only with process issues but also with contradictions within the strategy and the challenging realities of the region. Regarding process, a far more institutionalized policy process than the currently dominant personalist view would lead us to expect is found, with relevant bureaucratic and non-state actors well represented in an elaborate and relatively formal process. However a considerable weakening of sign-off procedures is noted, which has lead to policy inconsistency and indeed “policy irresponsibility” among participants. The author attributes the weakening of sign-off procedures to Putin's frustration with the gridlock tendencies of strict sign-off regimes, rather than a desire to create a personalist regime of hands-on management. This suggests that improvement of the Russian policy process requires structural and procedural change, rather than simply leadership change.     

Creating Stable Agreements in Marine Policy: Learning from the California South Coast Marine Life Protection Act Initiative

In this article, we examine the California South Coast Marine Life Protection Act Initiative stakeholder process, evaluate its shortcomings, and consider what could have been done differently. Our objective is to make recommendations to improve future multi‐stakeholder marine policy processes. In our view, while the South Coast stakeholder process had many positive outcomes, it failed to reach what we call here a “stable agreement.” Our analysis is based on two of the authors’ involvement (one as a facilitator and the other as a stakeholder representative) in the process and a post‐hoc survey of participants. We find that several ill‐advised process design and management choices significantly destabilized the negotiations, leading to an ultimately unstable agreement. We highlight four major problematic process design and management decisions, including the following: representation on the multi‐stakeholder group was imbalanced, the pre‐meeting caucuses were not paired with training in interest‐based negotiation, adequate incentives to negotiate toward a consensus agreement were not provided, and the use of straw voting at one point in the process was unclear and inconsistent. As a result of these and other process design and management flaws, many stakeholders believed that the process was biased and that their ends would be better achieved by anchoring negotiations and engaging in positional bargaining. Ultimately, this meant that near‐consensus on a single cross‐interest marine protected area proposal was not reached, the scientific guidelines put forth were not fully met, the process was not and is not viewed as fair by the stakeholders directly or indirectly involved, and the marine protected area regulations lack broad‐scale support. These pitfalls of the South Coast stakeholder process could have been avoided had the management and facilitation team consistently followed best practices in dispute resolution. We recommend that future marine planning processes learn from this example, particularly those occurring in highly complex, urban ocean environments.     

State Livelihood Planning and Legibility in Vietnam’s Northern Borderlands: The “Rightful Criticisms” of Local Officials

Macro-level policies frequently transform and reconfigure local livelihood options. While there is a small but growing body of ethnographic work regarding ethnic minority livelihoods in Vietnam’s mountainous borderlands, there is far less research examining the state decrees and policies implemented there and the opinions of state workers who have to apply them. This article starts to address this gap. First, we examine contemporary Vietnamese state legislation regarding upland livelihoods. We focus on the directions found in 82 livelihood-related state decrees, examining their scope and edicts while critiquing what they overlook regarding upland livelihood needs and approaches. Then, from in-depth interviews with state officials in Hà Giang Province, a mountainous upland region with a proportionately large ethnic minority population, we explore the opinions of those charged with the implementation of these decrees. Building on O’Brien’s earlier work on rightful resistance in China, we suggest that a form of “rightful criticism” has emerged among upland state officials, allowing us to reveal the contours of political power in Vietnam’s borderlands. Moreover, we draw attention to the lack of acknowledgement of ethnic diversity in these uplands within policy and official practice.     

Low fertility and concurrent birth control policy in China

China’s one-child policy, introduced in the late 1970s, has been in effect for over three decades. This article reviews China’s low fertility rate and the implementation of this stringent birth control policy in the context of low fertility. First, China’s fertility intention, behavior, and low fertility level trend are presented. Then, the official response to the low fertility level and the consequent misguided policy-making are investigated. Next, various obstacles to the abolishment of the strict birth control policy are discussed, including national leaders’ authority, related family planning regulations and laws, the inertia of this basic state policy under the auspices of the common good, the displacement of the family planning systems, and the necessity for social maintenance fees to keep grassroots governments in operation. After discussing the recent reform of this birth control policy in 2013 and the subsequent results, the incentives for a universal two-child policy are elucidated. These include the official acknowledgment of low fertility, the effect of birth control policy on fertility decline, the reactions of the general public, the attitudes of grassroots family planning cadres, the appeal from scholars, international experiences, the merging of population and family planning commissions, and national leaders’ attitudes. The paper concludes with an analysis of the cost of this birth control policy over the past decades.     

Tax planning and tax policy in China: Case study of the tainted milk scandal

No food safety crisis has ever stirred such a national sensation in China like the tainted milk powder scandal in 2008. A further exploration of the root cause of this crisis, however, reveals something more disturbing—it is the undeveloped tax system that causes the melamine milk crisis. Because of the tension between political logic and governance logic of tax reform in China, the vacuum of public good provision becomes a burning issue since the Agricultural Tax Regulation was abolished and farmers’ economic burden became heavier than before. Thus, in order to prevent any food safety incident in the future, a sound notion of tax and an integrated system of tax planning and expenditure should be established and reinforced in the Chinese tax law.