司法效率如何提高

提高司法效率是实现司法公正的必要条件和有力保障 ,也是建立和发展社会主义市场经济的必然要求。要提高司法效率 ,就应当改革法院内部管理体制、提高审判质量、缩短审案期限、建设高素质的法官队伍     

A Realistic Path to Implementing China’s Budget Law

The core issue for the implementation of modern budget law is to optimize the satisfaction of society’s demand for public goods. The form of implementation mechanism that will best achieve this goal has thus become a major topic in the field of legal research. To go beyond the Anglo-Saxon budget model and construct a realistic path for the implementation of China’s budget law, this issue needs to be explored from the perspective of Chinese citizens in a way that safeguards the fundamental interests of the people and is premised on upholding and improving the People’s Congress system, so as to achieve a balance between internal and external budget allocation relationships. There are three routes to implementing China’s budget law: the political, the social, and the judicial. Under the first, citizens’ political identity interests are represented by deputies who oversee the budgetary powers of administrative bodies through the People’s Congress. Under the second, citizens individually or collectively participate, influence or even decide the allocation of public economic resources through dialogue, negotiation, reasoning and argument with the responsible budgetary agency in the course of the budget’s compilation, examination and approval, execution and supervision. Under the third, the establishment of a system for budgetary litigation allows citizens to participate in and supervise the implementation of the budget law, individually or collectively. This provides judicial security for the law’s implementation. These three realistic implementation routes represent the dialectical unity of concerted institutional effort aimed directly at effective implementation of budget law. Judicial interpretations of budget law implementation indicate the importance and urgency of promoting national governance capacity through reform of the legal systems governing finance and taxation. This explains the significant role of finance and taxation law in national governance.     

Institutional reforms for economic growth in the Western Balkan countries

The paper presents an empirical analysis of the impact of institutional reform policies and institutional quality on the economic growth of five Western Balkan countries (WB countries: Serbia, Montenegro, Bosnia and Herzegovina, Northern Macedonia and Albania) in the period 2006-2016. It was developed its own model of quantification concerning the impact of the most important indicators of the quality of institutions on the economic growth of these countries, which are in a delayed phase of transition and at some stage in the EU accession process. Achieving high and stable rates of economic growth for WB countries becomes the ultimate prerequisite for completing the EU transition and accession process. In order to improve growth dynamics, among other things, it is necessary to identify key drivers of growth and to model appropriate growth and development policies based on the results obtained. In the paper, WB countries were viewed as a whole. By empirically testing the impact of individual quality indicators of institutions on economic growth, according to the World Bank Governance Indicators methodology by using panel data multiple linear regression analysis, the largest statistically significant and positive impact came from the Government Effectiveness and Regulatory Quality variable. The intensity of the impact of the Control of Corruption and Rule of Law variable on GDP per capita is slightly weaker, but it is also very pronounced. In this respect, the empirical results obtained can be a useful framework for modeling the development policies of WB countries. They represent an important guide for policy makers to implement measures aimed at improving the quality of institutions and at the same time modeling economic growth policies.     

近代北京司法体系的变动与启示(1907-1937)

近代北京司法在建设初始即成为全国的典范,其发展历程是近代中国司法改革的缩影.从三级审检体系、虚三级审检体系、虚二级法院体系到一级法院体系,近代北京司法体系的发展跌宕起伏,更迭频繁.其背后的造因,除了经费和人才这两大硬性条件的限制外,更重要的是民意代表机关缺位,导致相关法律权威性不高,以及全国性法律调查阙如,造成司法体系无法真正做到因地制宜.     

Informing Debate or Fuelling Dispute? Media Communication of Reconfiguration in Scotland's Rural Maternity Care

Public reaction to the UK's ongoing health sector reform often results in dilution of policy‐makers’ goals. Public participation in health service decision‐making is advocated in policy, but precisely how to do it and what role public opinion should have in formulating reform strategy is ambiguously described. Public opinion is formed through many influences, including media reporting. This paper examines how reconfiguration at a rural maternity unit at Caithness General Hospital in Wick, Scotland, was communicated in national and local media and considers potential implications of media communication on public participation in policy decision‐making. Content analysis of arguments for and against change revealed a high level of reporting of commentators against change in regional newspapers. Qualitative analysis identified emergent themes about how maternity service reconfiguration was portrayed. These included framing opposition between management and local people, and change drivers receiving superficial coverage. Findings suggest that media portrayal of the public role in change may promote an adversarial rather than a participative stance. More finely tuned understanding of the relationship between the reporting of change and public reaction should be attained as this could affect how planned social policy evolves into actual practice.     

Exploring a blind spot in comparative pension reform research: Long‐term trends in non‐contributory pensions in Europe

Over the past two decades, pension reforms have been high on the agenda of social policy makers in Europe. In many countries, these reforms have resulted in less generous public pensions. At the same time, minimum income protection for older adults has received attention from policy makers, but much less so from social policy researchers. Therefore, this study explored how benefit levels of non‐contributory minimum income schemes for older adults evolved from 1992 to 2012 in 13 ‘old’ EU member states. Building on two cross‐national longitudinal datasets with comparative data on minimum income protection in Europe, the study shows that over the past 20 years, the erosion of the principal safety net of last resort for older persons has been limited. Moreover, a substantial number of European countries have pursued a deliberate policy of considerably increasing minimum income benefits.     

中国诉讼分流的数据分析

改革开放以来，中国诉讼数量迅速增长，但1997年以后诉讼增长率明显降低。对于在社会转型期诉讼增长率不升反降的原因，可以通过非诉讼纠纷解决机制、司法政策和法院公信力三个方面来分析纠纷的走向。关于诉讼与非诉讼纠纷解决机制的年均增长率、相关系数和比重的数据分析表明，中国诉讼增长率的下降也伴随着人民调解和经济仲裁作用的下降，但行政解决机制的增强、不受理的司法政策、诉讼费用改革以及针对司法腐败的一系列制度性建设，遏制了诉讼量的快速增长。     

Shifting taxes away from labour enhances equity and fiscal efficiency

This paper analyzes the effects of a hypothetical tax reform in Italy, which makes current tax credits more generous and refundable, shifting the tax burden from labour to property. Our methodology contains novel features of great relevance for policy analysis: first, a structural model of labour supply of both employees and self-employed; second, a labour market equilibrium model that encompasses demand side constraints; last, detailed tax system simulation under fiscal neutrality. The empirical findings provide guidance for policy makers’ actions to enhance equity and efficiency of tax system and confirm the relevance of the methodological approach.     

Are EU standards detrimental to Africa’s exports?

The high costs of complying with standards adversely affect export competitiveness. Existing evidence suggests that the harmonisation of standards to international benchmarks reduces compliance costs and is less trade-inhibiting, or may even be trade-promoting. This paper thus investigates how the regulatory margin in food standards affects Africa’s fish exports to the EU. We measure the regulatory margin in standards by comparing EU standards to the international scientifically-formulated benchmarks. Our results indicate that, relative to the international standards, EU fish standards are indeed non-inhibiting. Thus, the high number of fish exports from Africa rejected by the EU due to non-compliance with EU standards does not really suggest that the measures are overly restrictive but rather is an indication of the poor quality of Africa’s fish exports. This finding suggests a need for upgrades to Africa’s fish export quality, especially the fish supply chain infrastructure, through continuous improvements in fish export logistics facilitation and export promotion measures.     

The sustainability of China’s Urban Employees’ Pension Programme: A case of getting old before getting rich?

This article examines the sustainability of China’s Urban Employees’ Pension Programme – the main component in China’s overall old‐age support system. It looks at the sustainability of the programme generally and, in particular, at case studies of two areas (Tianjin municipality and Guangxi province) to highlight both the extent of regional variations and the common challenges facing Chinese policy‐makers. It discusses a number of key issues that should assist policy‐makers to address the challenge of population ageing. It concludes that the challenge facing China is no more severe than that already faced by other countries in Europe and Asia. Moreover, the ageing of the population is not uniform across the regions of China. Consequently, those areas where the demographic shift is more advanced will provide some opportunity for policy experimentation. Given the experience to date of slow progress on various aspects of pension policy reform, the article suggests that it seems unlikely that paradigmatic change will be significant. Nonetheless, the study suggests a range of parametric policy measures that China should consider. The challenge facing China’s policy‐makers is to ensure that China gets old and rich at the same time.     

The twin deficit hypothesis in Egypt

We employ a new approach to the twin deficit hypothesis aimed at enhancing policy making in Egypt. In contrast to the conventional twin deficit hypothesis between the current account, which comprises many items out of governments’ scope of maneuvering, and the budget deficit, we track the causal link between Egypt’s merchandise trade deficit and the budget deficit. We begin first by examining the conventional twin deficit hypothesis using a VAR model, which implies short run reverse causation running from the current account deficit to the budget deficit. Second, as cointegration exists between the budget deficit and the merchandise trade deficit, we run a multivariate VECM model which refutes the twin deficit hypothesis in favor of the current account targeting hypothesis. In policy terms, ameliorating Egypt’s trade balance would ultimately improve its fiscal balance as well.     

地方保护主义对法制建设的消极影响及治理对策

地方保护主义和我国法律运行机制上存在的制度性缺陷,使现行地方立法、执法和司法权运行机制中存在着明显的地方化倾向,已经严重影响到司法机关正常履行其基本职能,阻碍了全国统一大市场的形成。在加入WTO的今天,更应加强法制建设,发挥行政审判和司法审查的作用,改革现有法院设置和司法行政管理体制。     

Regional coordination of European environmental policies

Over the last years the European Union (EU) has implemented ambitious climate and energy targets for 2020, i.e. the 2020 Climate and Energy Package (Package), to become a highly efficient, low carbon economy. The Package assigns binding renewable energy sources (RES) target for each EU member countries. Indeed costs to reach Package's targets vary among EU countries, given heterogeneity among regions and different instruments implemented to spur RES deployment. The aim of our paper is to provide a policy tool for EU policy makers in the negotiation process that assigns achievable quantitative targets according to which countries are not inclined to deviate from the agreement.We compute potential extra costs that may arise when some EU countries fail to reach the assigned objective within the Package with reference to RES target. More generally, our simulation model is an instrument that allows EU policy makers to assess incentives that countries might have to participate or not to the environmental agreements. Our analysis shows that partial participation to the Package produces inefficiencies by rising costs for other participating countries to the environmental agreement. Finally, we propose a new policy mechanism based on progressive sanctions for countries that do not meet their national targets, which are proportional to the monetary value of the penalty they impose to the rest of the EU countries with their opportunistic behavior.     

司法公正与法官文化

司法公正是法官文化的理性内涵 ,法官文化的构建是实现司法公正的价值根基。本文从法官文化的界定、反思、澄清与重建四个方面提出了以构建现代法官文化为我国司法改革最高路径标准的若干纲要性设想     

Social investment agenda setting: A personal note

This article reconstructs how, under the umbrella of the Europea Union (EU), discreet opportunities for EU social policy agenda setting opened for academic expertise from the late 1990s to the 2020s. This began with the Dutch presidency of the EU in the first half of 1997, endorsing the notion of ‘social policy as a productive factor’, followed by the 2000 Lisbon strategy for Growth and Social Cohesion in the open economy. The social investment landmark publication was Why We Need a New Welfare State, written by Gøsta Esping-Andersen et al., for the Belgian presidency of 2001. Ultimately, cumulative academic insights and feedback from country-specific reform experiences found their synthesis in the Social Investment Package in 2013. EU political codification of social investment took effect with the adoption of the European Pillar of Social Rights in December 2017. The paper concludes on the future for social investment with some personal reflections as an engaged scholar.     

Linkage leverage democratization and liberalization: is promoting democracy the same as promoting human rights?

Research on transnational human rights promotion and democratization often assumes that human rights promotion and democratization promotion are the same. But evidences from recent studies give reasons to question this assumption. This article compares the EU’s influence on democratization and human rights reforms in 29 countries in East-Europe West-Asia, the Middle East, and North-Africa. The results indicate that the impact of the EU on human rights protection is more notable than its impact on democracy levels. The article explains these results based on the lower level of threat to regime survival as a result of human rights reform, compared to democratization; the transmission of a clear message regarding the importance of the issue of human rights to the EU and to the member states; and the strong economic leverage the EU possess. The article draws policy implications including matching each policy goal with the most effective instruments to achieve it. The most effective human rights promotion instrument is economic pressure whereas democratization is more influenced by emulation processes than by economic pressure.     

Paternalism in Australian welfare policy

Since at least the 1990s, policies comprising welfare reform in Australia have focused on securing employment for jobless people. This article demonstrates that these policies are highly paternalistic, and argues that despite the absence of the term ‘paternalism’ from relevant government discourse, paternalism is indeed a substantial characteristic of the policies. Such policies have been substantially justified through appealing to the objective of advancing the interests of those people subject to the policies while simultaneously involving compulsion. The research is based on evidence from 1996 to 2011. Through the analysis of government documents and interviews with policy makers, the presence of a benevolent justification is identified and analysed, focusing on two subordinate justifications: reducing welfare dependency, and promoting social inclusion. Policies aimed at getting people into work are then examined, where it is found that compulsion is the primary policy instrument. It is shown that the compulsive elements in workfare, when linked to the objective of helping workfare subjects, renders the policies implicitly paternalistic.     

Explaining Different Paths in Social Health Insurance Countries – Health System Change and Cross‐border Lesson‐drawing between Germany,Austria and the Netherlands

The issues of ‘policy diffusion’ or ‘policy transfer’ and ‘mutual learning’ have become important topics in comparative research on social policy and health systems. In current debates on explaining reform in ‘Bismarckian’ social (health) insurance systems, however, these issues have been neglected. In particular, the role of ‘negative lesson‐drawing’ in the sense of avoiding mistakes of others has not often been considered. This article compares health system change in Germany, Austria and the Netherlands, three countries with health systems of the social insurance type. In contrast to the existing literature, our analysis stresses that these countries have taken different reform paths since the 1990s. By applying a most similar systems design, we analyze how far cross‐border lesson‐drawing has contributed to health system divergence in the three countries. The empirical basis of the analysis is semi‐structured qualitative expert interviews, a method appropriate for tracing processes of lesson‐drawing. We argue that in order to fully understand the diverging reform trajectories, we need to take into account how political decision‐makers refer to (negative) experiences of other countries. Generally, national driving forces for health system change were at the heart of many crucial reforms during the period studied. Nevertheless, we claim that it was the German bad practice role model that kept the reform paths of Austria and Germany apart in the Austrian health reform discussion between 2000 and 2005.     

Competing frames of immigrant integration in the EU: geographies of social inclusion in Italian regions

After the federal reform of 2001, Italian regions have gained greater autonomy in matters of social policy, including immigrant integration. In this paper, we assess frames of immigrant integration in eight Italian regions, i.e. Piedmont, Veneto and Emilia-Romagna in the North, Umbria, Marche and Abruzzi in the Centre, Basilicata and Calabria in the South, against the EU equal treatment and mobility rights-based regime. Through a diachronic analysis of the regions' official documents on immigrants' integration approved in the period 2000–2010, we shall consider: (1) the policy priorities identified and the measures funded and (2) the implementation structures. The analysis points out how the frames of immigrant integration emerging at a regional level shape different geographies of social inclusion which are sometimes openly in contradiction with the EU discourse on equal treatment and mobility rights. Immigration is perceived more as an economic asset for local labour markets' unsatisfied demand for low-qualified, flexible, and often informal workers, rather than as a strategic resource for the realisation of a competitive and knowledge-based European economy.     

Cost-Sharing in Civil Justice

As an economic factor affecting access to justice, the cost of justice naturally constitutes an element of judicial reform. It is the overall deconstruction of the cost of civil justice, rather than partial observation and analysis confined to litigation costs, that can legitimize the sharing of court and litigation costs and clarify the demarcation between public and private costs. This first-order rule of cost-sharing is intended to establish a balance between the state’s investment of public resources in the judicial system and the costs borne by the litigant. The second-order rule of cost-sharing centers on the distribution of litigation costs among litigants. This requires not only the setting up of the goal of just and equitable sharing of litigation costs, but also the overall consideration of the adjustment function of the cost mechanism in litigation and pursuit of the general improvement of the justice system. The third-order cost-sharing rule should focus on giving full play to the legal services market and social organizations in sharing the cost of litigation. Its success will depend on the development of professional ethics and on legal regulation.