How Does The Charity Law Respond to Commercial Activities of Charity Organizations?

As commercial activities of charity organizations become increasingly popular, the behavior boundary of charities has changed, and accordingly a blank in supervision occurs. However, The Charity Law in China has not given any response to this phenomenon. In combination with the present situation of the domestic charities and experience of foreign legislation, this paper summarizes the different types of charity activities through typology analysis and proposes the key points to design the rules, then gives suggestions accordingly.     

Effects on Knowledge of Nudging Citizens with Information

Nudging is a policy instrument that can affect citizen behavior, often by providing information. We argue that nudging can also affect citizens’ knowledge, which can become the basis for future choices. In this manner, providing information can make the nudging initiative stick. We test the effect of an information treatment on three types of knowledge in a field experiment. The treatment consists of information on reading strategies designed to nudge parents to read with their children, randomly assigned to 1438 families. We show how nudging by providing information does in fact increase parents’ knowledge, irrespective of socio-economic background.     

个人大病求助互联网服务平台行政规制研究——以水滴筹为例

个人大病网络互助是目前我国应用最为广泛的个人求助形式,一定程度上能够弥补慈善组织社会救助之不足。实践中,个人大病求助互联网服务平台暴露出诸多问题。应从确立监管主体、明确权利义务、开立专门账户、设立第三方基金会、提高准入退出门槛等方面加强对个人大病求助互联网服务平台的行政规制,以营造良好的慈善氛围。     

Accountability in Public Service Quasi‐markets: The Case of the Australian National Disability Insurance Scheme

Australia's National Disability Insurance Scheme (NDIS) represents the latest in a worldwide shift towards individualised funding models for the delivery of care services. However, market‐based models for care deliveries bring new considerations and dilemmas for accountability. Drawing on previous work by Dickinson et al. (2014), we examine a range of accountability dilemmas developing within the early implementation of the NDIS. These relate to accountability for the following: care outcomes, the spending of public money, care workers, and advocacy and market function. Examining these accountability dilemmas reveals differences in underpinning assumptions within the design and on‐going implementation of the NDIS, suggesting a plurality of logics within the scheme, which are in tension with one another. The contribution of this paper is to set out the accountability dilemmas, analyse them according to their underpinning logics, and present the NDIS as having potential to be a hybrid institution (Skelcher and Smith 2015). How these dilemmas will be settled is crucial to the implementation and ultimate operation of the scheme.     

The Investment Approach to Public Service Provision

The investment approach to public service provision is now receiving considerable attention worldwide. By promoting data‐intensive assessments of baseline conditions and how government action can improve on them, the approach holds the potential to transform policy development, service implementation, and program evaluation. Recently, variations on the investment approach have been applied in Australia to explore the effectiveness of specific programs in employment training, criminal justice, and infrastructure development. This article reviews the investment approach, presents a Public Investment Checklist to guide such work, and discusses three examples. It concludes by considering the implications of investment thinking for the work of policy designers and public managers.     

附属刑法相关问题探讨

附属刑法是规定在非刑事法律中的刑法规范,它与刑法典之间的关系主要是补充与被补充、修改与被修改的关系,但它与刑法修正案、单行刑法等修改、补充刑法典的形式相比,具有较好衔接刑事责任与民事责任、行政责任以及节约立法成本的作用。附属刑法有依附型和独立型两种立法模式。对于补充、修改刑法典的附属刑法,只有全国人大及其常委会创制的非刑事法律中才能加以规定。刑法典的总则规范适用于附属刑法,除非附属刑法有特别规定。     

Citizens’ Perceptions of Governance in Rural and Urban China

This article presents three main findings from a purposive stratified survey of urban and rural residents. First, Chinese citizens “disaggregate” the state with high levels of satisfaction for Central government that fall dramatically as government gets closer to the people. Satisfaction levels are noticeably lower for those in rural China. Second, attitudes about the way policy is implemented by local governments raise concerns. Irrespective of place of residence, respondents feel that when implementing policy local officials and governments are mainly concerned with their own interests, are more receptive to the views of their superiors rather than those of ordinary people, favor those with money, and are formalistic in implementing policy rather than dealing with actual problems. Third, the areas of work that citizens would really like government to concentrate on are job creation and providing basic guarantees to protect against the shocks of the transition to a market economy. Tony Saich is the Daewoo Professor of International Affairs, Kennedy School of Government, Harvard University and Director of the Harvard University Asia Center. His recent research focuses on the development of social policy in China, particularly on the provision of public goods by local governments. His publications include Governance and Politics of China by Palgrave and edited volumes on Financial Sector Reform in China (with Yasheng Huang and Edward Steinfeld) and AIDS and Social Policy in China (with Joan Kaufman and Arthur Kleinman both by Harvard University Asia Center. He would like to thank Edward Cunningham for his great help in preparing this article. He also wants to thank Victor Yuan (Horizon Market Research Company) for his tremendous help in designing the survey and implementing it. In addition, I would like to thank Anita Chan, Martin King Whyte and two anonymous reviewers for their extremely helpful comments on an earlier draft.     

论中世纪西欧犹太妇女在犹太会堂中的地位和作用——以法、德为个案

尽管犹太妇女在犹太会堂中的地位依然受到传统的犹太律法及习俗的束缚,但是在中世纪的西欧,尤其是在12-13世纪的法国和德国,犹太妇女在犹太会堂中的地位仍然有了很大的改善.她们不仅拥有自己的会堂或者祈祷室,而且有自己的领唱员(cantor),犹太妇女不仅在安息日而且在平时也去会堂进行公共祈祷.除此之外,犹太妇女还积极地参加会堂的慈善活动.这不仅丰富了犹太妇女的精神生活,提高了犹太妇女的宗教和社会地位,而且极大地改善了犹太妇女的社会形象.     

管窥慈善事业的资本化——以社会效益债券为视角

滥觞于英国的社会效益债券整合了受益者、政府、投资者、非营利服务提供者、中介投资机构、评估建议人、独立评估人等参与方,用社会效益的评估体系让不同道德标准的人都能方便地通过资本市场风险自担、责任自负的规则,参与到社会服务领域的投资。债券结构的设计,在保留核心的财务激励机制基础上,采用股权投资结构重新架构,更易于明确投资风险,为资本市场所接受。     

民法典设立先占取得制度之必要性与可能性透视

现行中国民事立法未明示规定先占取得制度,深刻影响着民法价值目标之合理性与体系建构之完整性。综观各 国立法,意识形态虽或相异,历史传统亦未必相同,但其于先占取得制度之构建方面却体现了一种共同之价值立 场并于法典中明示列出。以现行民事立法之价值选择与体系缺失两方面为切入点,分析先占取得制度阙如所产 生之诸种弊端,探明于未来民法典中增设先占取得制度之必然性及可能性,同时,以《中华人民共和国民法草案》 为蓝本对先占取得制度进行简要条文设计。