中国法学教育的过去、现状与未来

20世纪的中国法学教育经历了两次巨大的变革。第一次是清末新政,西方近代的法学思潮涌入中国,法学教育发展迅猛,法学一度成为显学。在概念、原则和体系诸方面均与中国古代法学迥异的现代西方法律制度开始在中国建立。第二次是改革开放后的依法治国方略的确立和发展,法学教育再次勃兴,并呈现出了多渠道、多形式、多层次的格局。本文通过分析我国法学教育的现状,从法学教育精英化走向的理论和实践两个层面进行深入分析,提出我国未来法学教育坚持精英化走向的实现路径。     

妇女问题:历史、现状与未来

妇女观是指社会对妇女的看法.人类的妇女观经历了从"文化人"、"经济人"、"政治人"到普遍人权及可持续发展观的演变;考察妇女问题有三个维度,即分别以男人、人和妇女自身作为参照系,并对应于平等、博爱、自由三层面内涵;从总体上看,妇女问题的症结在于生理基础-分工选择-环境强化综合因素的作用,其解决需从生产力、生产关系与社会文明三个层次着手.妇女问题的实质是社会分工所导致的人类异化生产的结果,其解决在于社会文明的全面进步与社会总异化的彻底消除.     

Family support: past, present and future challenges

Section 17 of the 1989 Children Act incorporates a new legal framework for the delivery of services to support children in their own homes, and is a crucial part of the act, both in its own right, and in terms of its significance for other aspects of child care such as child protection activity. However, while "children in need" represents a new legal phraseology, the policy and professional issues addressed by the clause have a long history. This paper traces the evolution of the current approach to family support, and provides a brief account of its impact on policy and practice.     

Cross-Atlantic implications of the new US policy mix

This paper will assess implications of shifting policy mix in the US for global imbalances and adjustment, with a focus on the euro area, using the European Commission’s QUEST model. Following early market euphoria after the elections on the account of expected “decisive” pro-market policies, uncertainty regarding the composition and timing of the new administration's economic policies has been the norm. Early proposals included a substantial fiscal stimulus which, combined with a tightening monetary stance, was expected to drive up long-run interest rates and the dollar, leading to widening global imbalances and potential instability. Today the expansionary impact of the fiscal plans is the subject of a heated debate while monetary policy continues to tighten steadily and risks related to a protectionist trade agenda remain pronounced. Contrary to initial expectations, real interest rates and the dollar have weakened, while global imbalances persist. Addressing policy and structural needs in the US – and abroad – is a necessary condition to rein in global imbalances. In this context, this paper will discuss the role of the G20/G7 to promote a coordinated policy approach and in particular to what extent the G20/G7 can deal with the transition from crisis management to the balancing of heterogeneous preferences among the policy makers to promote global growth and stability.     

Elite,exclusive and elusive: transgovernmental policy networks and iterative policy transfer in the Anglosphere

ABSTRACT

The prominent corridor of bilateral policy transfer between Australia and the UK is underpinned by a long-standing cultural and political proximity. While ad hoc cases of transfer have in recent years been the subject to concerted attention from transfer theorists, much less attention has been given to the rise of multilateral, or transgovernmental, policy networks based on similar cultural and political amity amongst the ‘Anglosphere’ group of states including Australia, Canada, New Zealand, the UK and the US. Populated by policy elites and regularly interacting, these networks represent potentially important modes of policy transfer yet little is known about how they operate, with what purposes or what outcomes. This article therefore sets out research findings that offer an insight into 23 identified networks, suggesting that understanding the emergence of these networks are crucial to explaining any bilateral transfer between Anglosphere states in general, and specifically Australia and the UK. The article contends that a consideration of these networks provides insight into (i) the substantive landscape of Anglosphere policy learning and collaboration, (ii) the attendant dynamics of collaborative policy networks as elite, elusive and exclusive and (iii) iterative policy transfers.     

Comparing policy advisory systems beyond the OECD: models,dynamics and the second-generation research agenda

ABSTRACT

The concept of “policy advisory systems” was introduced by Halligan in 1995 as a way to characterize and analyze the multiple sources of policy advice utilized by governments in policy-making processes. The concept has proved useful and has influenced thinking about both the nature of policy work in different advisory venues as well as how these systems change over time. However, to date this work has examined mainly cases of developed countries and its application to developing and transitional countries is less certain. This paper sets out existing models of policy advisory systems based on Halligan’s original thinking on the subject and assesses the findings of many existing studies into OECD countries that advisory systems have been changing as a result of the dual effects of increased use of external consultants and others sources of advice – “externalization” – and the increased use of partisan advice inside government itself – “politicization”. Determining whether or not such changes have also characterized the situations found in developing and transitional countries and at the international-domestic and state-sub-state levels is the subject of the papers in this Special Issue.     

Assessing policy success and failure: targets,aims and processes

Assessing policy success and failure is a significant challenge. This article seeks to address this by utilizing two case studies of legislation from the United Kingdom Parliament, the National Minimum Wage Act 1998 and the Academies Act 2010, so as to develop a nuanced understanding of how and in what ways policies have been successful, or otherwise. Drawing on these two case studies, and the work of a variety of authors, the article illustrates the complex nature of the challenge, but suggests that by identifying “targets”, “aims” and “processes” it is possible to make reasonable judgements about the relative success of a policy. It concludes that this framework therefore has considerable potential utility.     

Metagovernance,political demand and policy advice: a case from Brazil

ABSTRACT

There has been a call for a “second wave” of scholarship on policy advice to expand our understanding of the relational dynamics within a policy advisory system (PAS). In this article, we use a case from Brazil to address two key gaps in the PAS literature – the lack of attention to systems of network governance and the current predominance of “Westminster” empirical cases. To better understand the impact of policy advice within a system of networked governance, we apply the frame of “metagovernance” – the steering of governance networks. We then introduce and employ the concepts of funnelling, political brokering and gate-keeping to better understand how policy advice is shaped, modified and then either rejected or accepted. The contribution of the article is that, while much of the existing PAS literature describes the contours and key actors within an advisory system, we develop new conceptual scaffolding to better understand the trajectories and impact of policy advice, and the interplay between actors and agents, within a broader system of metagovernance.     

Zero Lower Bound and negative interest rates: Choices for monetary policy in the UK

There have been relatively few analyses of the policy context and consequences of a Zero Lower Bound (ZLB) for nominal interest rates. This paper sets out monetary policy alternatives, including negative interest rates, a revision of the inflation target, and rendering unconventional policy instruments such as QE conventional (permanent). Following extensive discussion of policy options, we set out a model that explores the impacts of the real policy rate on economic growth, employment and inflation, with particular attention to the British economy. We use a Time-Varying Structural Vector Auto-regressive (TVSVAR) Model where the sources of time variation are both the coefficients and variance–covariance matrix of the innovations. It was found that real rates have significant implications for real growth, the labour market and price stability even when monetary policy was constrained at the ZLB in nominal terms. The study additionally applies a discrete break in the data to focus on the Post-Global Financial Crisis and ZLB period. This indicates that the effectiveness of real rates did not diminish and this has important implications in terms of a policy approach which seeks to exploit real negative rates.     

论农村政策基础研究--对当前中国农村研究的反思及建议

当前以实证材料为基础的中国农村研究,主要是以与西方对话为特点的农村学术研究和以总结推广农村实践经验为特点的农村政策研究.这两类研究的共同弱点是,缺乏对中国农村社会状况尤其是其非均衡状况的关注.通过研究农村政策在农村实践的具体机制及后果,以理解中国农村非均衡的内部结构,从而将抽象的中国农村具体化,可以构成农村政策基础研究,从而为农村政策研究提供理论资源.     

The impact of rice research expenditure policy in Thailand

This study explored the economic, social and environmental impact of Thai rice research expenditure (categorized as breeding expenditure, production expenditure and processing expenditure) during 2008–2015, using the simultaneous equation modeling technique. The results showed that production-research expenditure was the most explicit to reduce the amount of nitrogen fertilizer usage, while breeding-research expenditure was the most explicit in terms of increasing farmers’ economic status from planting rice. Processing expenditure seemed to be the least effective spending among the three types.     

Commodities and monetary policy: Implications for inflation and price level targeting

We examine the relative ability of inflation targeting and price level targeting monetary policy rules to minimize inflation variability and business cycle fluctuations in a commodity-exporting country for supply and demand shocks to global commodity markets. The macroeconomic consequences of oil and non-oil primary commodities differ and affect the relative merits of the alternative monetary policy frameworks. Particularly, the consumption of refined oil products and demand-driven commodity price movements induce highly persistent inflation pressures resulting in a significant deterioration of the inflation-output gap trade-off available to central banks. When such terms-of-trade shocks are prevalent, price level targeting is inferior to inflation targeting.     

Cooperation between politicians and econometricians and the search for optimal economic policy

The problem of formalizing the cooperation between politicians and econometricians as an iterative—or trial and error—process, such that the weights in a preference function can be obtained in a finite number of steps, is considered. The approach is based on the pioneering suggestions made by Tinbergen and Frisch within the framework of a formal theory of economic policy. Using the implicit information given by a possible and implementable dialogue between a policy maker and a model builder it is shown that it is possible to take into account explicitly the interdependence between targets, instruments, and weights.     

Pathway planning with unaccompanied young people leaving care: Biographical narratives of past,present, and future.

This article presents findings from a qualitative study with Unaccompanied Young People (UYP) who have sought asylum alone in the UK without a parent or guardian. The findings explore how UYP create biographical narratives of their past, present, and future as they prepare to leave care, suggesting that UYP who have settled immigration status create coherent biographical narratives that reconcile the past with a positive imagined future. Themes of return and reciprocity emerged in their narratives as they developed aspirations to reunite with their families and return support received in the past by succeeding in education and careers. Unaccompanied young people who did not have settled status struggled to create biographical narratives and could not imagine the future or the past. These findings have significant implications for pathway planning with UYP, suggesting the need to recognise the interconnected nature of the past, present, and future as well as the role of families and education in future plans. Pathway planning for UYP with uncertain immigration status can be complex as young people struggle to maintain a biographical narrative. Further research is necessary to support young people and professionals with these challenges.     

Revisiting demand,politicization and externalization in authoritarian political regimes: policy advisory system in Russian practices

ABSTRACT

This study contributes to debate on three related questions in Policy Advisory System research. Is the Policy Advisory System concept applicable in countries other than developed democracies? How does it function in a state-centred authoritarian regime? How does the authoritarian environment affect tendencies such as “politicization” and “externalization”? These questions are addressed using materials on the current Russian governance structure and advisory practices, focusing on two broadly defined “governance subsystems” in the Presidential Administration of Russia, “Political Bloc” and “Economic Bloc”, both acting as regular customers for advisory communities. One finding is the phenomenon of “Dual Demand” from the same centre of power—“stability” for “Political Bloc” and “innovation” for “Economic Bloc”—which contributed to creation of two different clusters of policy advisory agencies with different statuses. Other findings include transformation of “politicization” to policy control mechanisms and attempted “externalization” turning into the reverse—“internalization”—bringing independent advisory organizations under the supervision of government structures.     

Policy transfer and role of policy entrepreneur in international aid: exploring international development cases of Korea and Vietnam

This paper looks at how an innovative policy comes to be transferred to another country and be successfully implemented. We explore three key dimensions (time, location, and people) in policy transfer studies using two cases of international aid (Saemaul Undong and e-Government projects). Utilizing a case study method, this paper upholds the predominant role of the policy entrepreneur over the environment (different time frame and different social, political, economic systems). The stakeholder analysis shows that policy entrepreneur’s role is critical in making policy transfer successful. In part, this argument is in line with previous “Advocacy Networks” studies, such as that of Keck and Sikkink (1998), highlighted the importance of policy entrepreneurs being able to navigate in the networks of international development. This paper aims to contribute to the literature by applying Dolowitz and Marsh’s policy transfer framework in the international aid context and calls for further empirical research employing the network analysis method.     

历史地看待京剧的现状与未来

京剧是体现北京人文特色的典型艺术形式。北京京剧繁荣的历史与首都优势下的人口数量、职业结构、文化环境、生活节奏密切相关。新中国成立后 ,社会环境的巨变推进了京剧现代戏的编演。京剧的前途系于剧场观众的增长 ,业内人士有必要客观地总结以往的艺术实践 ,创作出贴近现代生活的新剧目。政府的支持也需要与艺术规律、经济规律进一步协调起来 ,以促进京剧普及与提高的结合。