治理效能视角下公民参与公共服务的制度研究

公民参与公共服务的有序性和有效性并非直接相关,可以从有序性和有效性两个维度分析公民参与及其治理效能的关系.为提升治理效能,以程序性规则为核心的制度设计能更为充分地保障公民有序有效参与公共服务,实现公民与政府之间的良性互动与有序合作.基于全过程民主、程序性权利和共同体秩序等公民参与的程序性价值维度考量,再以环境保护领域中的公民参与为例,从公开公示机制、意见表达机制、回应吸纳机制、监督评价机制和责任追究机制等方面构建公民全过程参与制度,并探索公民参与的方法和策略.通过公民参与的程序性价值内化、方法创新与技术转型来推进治理体系和治理能力现代化.     

基层公务员职业认同特征及其对工作绩效与离职倾向的影响研究

基层公务员的职业认同对公务员队伍建设和推进国家治理能力现代化有着重要的意义。本文通过对760名基层公务员的问卷调查发现：基层公务员职业认同包括职业行为投入、职业发展认同和职业价值认同三个维度，呈现出以价值认同为核心、行为投入为外层、发展认同居中的圈层结构；基层公务员职业认同接近较高水平，但职业发展认同较低；不同类型基层公务员职业认同呈现出一定差异，其中青年公务员的职业认同显著低于中老年公务员，低职级公务员较高职级公务员职业认同更低。进一步分析发现，基层公务员职业认同能正向预测工作绩效，职业认同能负向预测离职倾向。在此基础上，本研究提出提升基层公务员职业认同的相关对策建议。     

我国检察公益诉讼制度的发展态势与制度完善——基于2017—2019年数据的实证分析

我国检察公益诉讼制度全面实施两年后呈现出新的发展态势。亟需理论深入研判。本文以2017—2019年间的司法数据为基础，运用实证方法分析了《行政诉讼法》《民事诉讼法》修改后检察公益诉讼在办案数量、办案规则、办案能力、办案力量、办案重心等方面的发展态势：审判机关和检察机关的办案数量增长迅速，并积极推动诉讼规则完善；各地办案数量差异明显，案件分布不均衡；基层人民检察院是办案主力军；行政公益诉讼案件数量锐减，办案重心转向刑事附带民事公益诉讼案件；立案数量快速增长，但履行诉前程序、提起诉讼的比率呈下降趋势。这些发展态势的内因是检察机关组织机构改革带来的办案能力的提升；外因是党委和人大增强了对检察公益诉讼的支持力度，化解了制度运行中的部分障碍。未来还需从内、外、广、深四个维度推动检察公益诉讼制度完善：促进公益诉讼检察与三大检察内部融合；建立公益诉讼检察与法治政府的耦合；探索拓展受案范围；建构符合需要的诉讼机制。     

Building revolutionary subjectivity: creative tensions in the Plataforma de Afectados por La Hipoteca

ABSTRACT

The paper assesses the Spanish housing activists Plataforma de Afectados por La Hipoteca (PAH, Platform for the Mortgage-Affected) as an example of left-wing convergence. From the perspective of the horizontal democratic practices and civil disobedience tactics they adopt, the paper acknowledges the anarchist, Marxist and reformist influences in PAH and reveals how the creative tension between activists of different persuasions has aided the movement’s relative success. In harnessing and transforming the revolutionary subjectivity of the movement of the squares in 2011, PAH has in turn led to a broader urban radical politics. This new revolutionary subjectivity captures PAH’s legacy and positioning within broader anti-austerity politics.     

The Infringement of the Right to Establish a Family for Jewish Spouses Who Are Mutually Proscribed from Marrying Each Other

Abstract

The article focuses on one of the most painful experiences in intimate relationships and unveils a hitherto unexplored type of human right infringement, namely the right to establish a family in Israel, purported to be a democratic state. Thousands of couples are proscribed from marrying each other every year in Israel. This paper focuses on Jewish couples consisting of male Cohanim (descendants of Jewish priests) and female divorcées, as one among other types of forbidden marriages. Four themes emerged from data analysis of narratives of 26 interviewees, which converged to a common motif of liminality of Cohen-divorcée couples. Based on empirical data, I describe the predicament attendant to this human rights violation which is transmitted to offspring of these couples. The article argues that this liminality undermines the basic rationale of the prevailing millet (personal law) system and discusses the implications of this liminality for human rights and religion-state relations.     

Repeated Reinterpretation of Civil Society: On the Intellectual Context of Niklas Luhmann's Sociological Theory

This article explains the intellectual context of Niklas Luhmann's sociological theory. Although Luhmann's theory is well known for its highly abstract features, this does not mean that the theory results from his references to the latest general systems theory, which has been the primary focus of previous literature. That said, no social theory is produced in a vacuum. Even if a theorist attempts to construct a general sociological theory to explain every social phenomenon, that theory is necessarily influenced by the theorist's prejudices. Therefore, social theory must be contextualized both to estimate its biases and to limit its scope. This study shows that Luhmann's systems theory is constructed through a struggle with the issues of his day. First, it notes that the question of how to conceptualize modern civil society was widely shared by German intellectuals from the late 1950s to the 1970s and that the question created a certain discourse field. Second, Luhmann's theoretical conception is contextualized in that field of discourse, and the central role of both the concept of functional differentiation and the concern with border maintenance in his theory-building is explained in comparison with the work of contemporary intellectuals. To deepen our analysis, this article reconstructs Schmitt's interpretation and criticism of civil liberalism and describes Luhmann's struggle with it. Finally, by analyzing the Gesellschaftswissenschaften of Robert von Mohl, one of the founders of civil liberalism, this article argues that Luhmann's sociology can be characterized as an attempt to rehabilitate civil liberalism.     

The Optimal Allocation Combination for the One-Sided Sequential Screening Procedure Based on the Individual Misclassification Error

In this article, the expected total costs of three kinds of quality cost functions for the one-sided sequential screening procedure based on the individual misclassification error are obtained, where the expected total cost is the sum of the expected cost of inspection, the expected cost of rejection, and the expected cost of quality. The computational formulas for three kinds of expected total costs are derived when k screening variables are allocated into r stages. The optimal allocation combination is determined based on the criterion of minimum expected total cost. At last, we give one example to illustrate the selection of the optimal allocation combination for the sequential screening procedure.     

死者人格利益法律保护之构建

死者无人格权,但死者具有人格利益。为了维护社会利益和善良风俗,我国法学界和司法实务界对死者人格利益保护也达成了共识。完善死者人格利益应在保护范围、行使主体、法律责任、免责事由及保护期限等方面给予立法规制。     

Developing ethical approaches to data and civil society: from availability to accessibility

This research note reflects on the gaps and limitations confronting the development of ethical principles regarding the accessibility of large-scale data for civil society organizations (CSOs). Drawing upon a systematic scoping study on the use of data in the United Kingdom (UK) civil society, it finds that there are twin needs to conceptualize accessibility as more than mere availability of data, as well as examine the use of data among CSOs more generally. In order to deal with the apparent “digital divide” in UK civil society – where, despite extensive government rhetoric about data openness, organizations face not only the barriers of limited time, funds, and expertise to harness data but also the lack of representation within existing data – we present a working model in which ethical concerns accompanying data utilization by civil society may be better accounted. This suggests there is a need for further research into the nexus of civil society and data upon which interdisciplinary discussion about the ethical dimensions of engagement with data, particularly informed by insight from the social sciences, can be predicated.     

Defending the Family,Defending the Faith: An Analysis of The Family: A Proclamation to the World,Religious Identity,and the Politics of Same-Sex Marriage in a Mormon Community

In this article, we apply Peter Berger's theory of religion as a social construct to learn how The Church of Jesus Christ of Latter-day Saints (the Mormon Church) advances a heteronormative view of family relationships in the United States using a document titled The Family: A Proclamation to the World. Furthermore, applying cultural studies theory, we examine how believing Mormons negotiate the tension that arises when their secular values compete with those expressed by Church leaders. We argue that, although the Proclamation addresses a number of issues, the Church offers a closed text that emphasizes war narratives in which same-sex marriage is portrayed as a threat to LDS identity and the heteronormative family. This closed text is further legitimized by emphasis on the authority of Church leaders as oracles of God. The study participants largely accept the dominant narrative, and those who reject it, do so with some trepidation.