社会管理的范围、价值与地位

虽然社会管理的任务已经从＂加强和改进＂上升到＂加强和创新＂,但是社会管理研究的基础性工作仍然是要认真探索社会管理的领域对象、核心价值和战略地位。弄清楚这一问题乃是发展社会管理理论和实践的基本前提。现代社会管理的领域是由民生社会、民间社会和公共事务社会所构成的,是一个处在发育中的人们生活的特定领域;当前社会管理的对象主要是民生社会、公民社会和公共事务社会中存在的问题、行为和利益。现代社会管理虽然与维持人类生活共同体的稳定和秩序密切相关,但是社会管理的核心价值取向应当是通过协调社会利益、规范社会行为、解决社会问题,以实现社会的公平和正义。在中国特殊的国情条件下,社会建设和社会管理已成为新的工作重心,已成为与经济建设同样重要的第一要务。     

Global Social Justice for Older People: The Case for an International Convention on the Rights of Older People

Older people are beginning to represent a large proportion ofthe general population and have become a major area for socialprogramming in many parts of the world. However, neglect orviolation of older people’s rights is common. Until recently,there has been a surprising lack of advocacy on the part ofnon-governmental organizations (NGOs) and human rights activistsfor a legally effective international convention on the rightsof older people, as compared with other vulnerable groups suchas children and women. This paper argues that the introductionof an international convention on the rights of older peopleis long overdue. Such an international convention should containcomprehensive and legally binding provisions which would requireratifying states to promote older people’s rights. Itshould be reinforced by a strong monitoring system that wouldinvolve key members of the international community. This paperoutlines the arguments in favor of the creation of a transnationalhuman rights agreement for older people and proposes that internationalNGOs and human rights advocates should work toward creatingsuch a convention.     

论全球化背景下国际私法中的国家主权观--由国家利益本位向国际社会利益趋向的转化

主权原则是国际私法中的一项基本原则。在国际私法中长期以来都存在国家利益优先的倾向,但随着全球化趋势的日益增强,传统国际私法中的主权观已越来越不适应国际民商事交往蓬勃发展的现实。全球化带来的是全球法律文明的趋同化,由此伴随着全球共同利益的产生。国际私法作为处理国际民商事法律冲突的法律部门,必须对这种国际社会利益做出反应,把对人权的尊重和保护作为追求正义价值的基本向度。     

Foreign Policy, Human Rights and the United Kingdom

Amnesty International welcomes the UK Government's undertaking to incorporate the European Convention on Human Rights (ECHR) into domestic law, to put human rights at the heart of its foreign policy and to be guided by human rights principles in its treatment of asylum-seekers, its policy on arms exports and its policy towards international development. This paper reviews the subject of international human rights standards and demonstrates their importance. It then offers advice as to the steps the UK Government should take in order to implement its undertakings in full. It comments on the significance of the incorporation of the ECHR into UK law and summarizes the state of the debate over whether or not there should be a Bill of Rights for citizens of the UK. It argues that the incorporation of the ECHR into UK law should be accompanied by the creation of a (UK) Human Rights Commission equipped with effective powers to strengthen human rights protection within the UK. It concludes with a list of specific recommendations pertaining to the UK Government's conduct of international affairs.     

论弱势群体的社会法保护

弱势群体的大量存在引发一系列的社会问题,成为构建和谐社会的一大障碍。社会法作为兼具公法与私法双重属性的第三法域,可以为弱势群体提供最佳的保护。我国保护弱势群体的法律制度还不健全,对弱势群体的保护仍存在不足,应进一步完善社会法,向弱势群体倾斜,保障和促进弱势群体享有劳动权、社会保障权、结社权等各项基本人权。     

Is there nothing beyond postmodernism and ‘the theoretical Other’? The need for balancing universalism and diversity in social work

In his article, 'Against difference and diversity in social work: the case of human rights', Stephen Webb captures several important problems concerning the application of a postmodern human rights perspective in social work. Although accepting Webb's diagnosis, for example that the postmodern discourse neglects basic structural conditions essential for understanding social problems and thus leads to a policy of symbols and rhetoric, this article argues that Webb reifies the perspectives of diversity and universalism and misses the need for balancing these aspects in the practice of social work. Some general argumentative techniques in the postmodern discourse are identified, and it is argued that several of Webb's conclusions are reached via those argumentative techniques, particularly when it comes to his claim that the philosopher Alain Badiou could play a central role for social work. The possibility of implementing in social work general philosophical programmes such as Alain Badiou's is questioned.     

Globalisation of consciousness and new challenges for international social work

Although the notion of international social work is not new, it is only in recent times that its central premises have been in focus. Considering diverse ongoing globalisation processes and in regard to the weakening of the national welfare state, social work must tackle the challenge of redefining its role and mission if it is to remain true to its professional commitments. The emergence of new global regions and the globalisation of local social problems make the consolidation of democracy and human rights, the prevention of conflicts and the promotion of solidarity and peace through global cultural integration some of the main concerns of international social work. In this article, international social work is discussed as a project of partnership between diverse social actors such as practitioners, universities and local governments cooperating beyond the boundaries of the nation-state.     

Improving the protection of migrant workers with work histories in the European Union and Ibero-America: Enhancing the coordination of international social security instruments

Migration affects almost every nation, emphasizing the need to guarantee social security rights for all migrants and their families. This article focuses on the rights of workers who migrate between the countries of the European Union (EU) and the Ibero-American community. In the EU, social security systems are increasingly coordinated through Regulation No. 883/2004 and its Implementing Regulation No. 987/2009. In the Ibero-American community, coordination is sought through the Ibero-American Social Security Convention. Despite convergence between these two international instruments, coordination is still lacking between them. This article presents a comparative analysis to articulate the necessary mechanisms to guarantee coordination, to respect the social security rights of migrant workers. We focus on the cooperation and coordination between regional as well as national systems, specifically looking at the need for and aims of a rapprochement between these two major international coordination instruments to provide greater EU-Ibero-American cooperation. Finally, the importance of promoting greater international cooperation in social security policy and administration is highlighted, to engender the adequate protection of the rights as well as the free movement of migrant workers.     

Debate: Social resistance and the absent utopia: comments on Hartley Dean's article Social rights and social resistance

This article focuses on conceptual and methodological problems in the transition from normative conceptions of social rights to more general strategies of social policy. In a discussion of Hartley Dean's article Social Rights and Social Resistance, the author argues that relevant "rights strategies" within social policy in general transcends the traditional dichotomy, assumed by Dean, between structural approaches and more agent-oriented approaches. In line with this, arguments are presented for the view that the denial of strategies concerning social rights, categorised as opportunistic or anarchistic by Dean, necessitates the formulation of realistic and substantial goal for strivings within social policy. Furthermore, the author claims that the conceptual elaboration of "social rights" does not in itself have any definite and direct consequences for the field of social policy, where material and symbolic power is more relevant. To transcend the criticised approaches of anarchism and opportunism, there still remains to be formulated a strategy of action.     

Human Rights and Gypsies and Travellers: An Exploration of the Application of a Human Rights Perspective to Social Work with a Minority Community in Britain

This paper explores the relationship between human rights socialwork and issues facing Gypsies and Travellers, and argues thatwork with these groups cannot be properly understood outsidea human rights framework. It outlines different generationsof rights, key current debates, and their significance for socialwork, building on other emancipatory frameworks for practiceincluding anti-oppressive practice, structural social work andcritical postmodernism. These perspectives find some expressionin social work ethical codes. For Gypsies and Travellers, humanrights violations occur in many socio-political contexts, causingcycles of exclusion and disadvantage. However, Gypsies and Travellersare increasingly mobilizing nationally and locally to promotetheir rights. The somewhat limited research on social work inthis area concurs in finding distance between the parties, lackof cultural understanding and engagement, and problematic practiceas well as some clear pointers for improvement. Policy developmentscontradictorily related to promoting rights and increasing disciplinarysurveillance are examined for their relevance to work with thisgroup. The paper explores the importance of an inclusive, participatoryand discursive approach to human rights practice, and examinesits significance for a paradigmatic shift linking social workwith the broader struggle for human rights of Gypsy Travellersand other groups.     

Demise of the Developmental State? Implications for Social Policy Development in Hong Kong

This paper argues that Hong Kong is now at the crossroads of its journey towards social policy development. While economic development still seems to be the unwavering objective of the Hong Kong government, the demand for democracy and social development can no longer be ignored because of a strong civil society fostered by economic success. The current state of affairs provides a window of opportunity for the Hong Kong government to strengthen its legitimacy through the development of social policy and to promote social harmony through inclusivity in social welfare. The findings from the present empirical survey conducted by the Hong Kong Institute of Asia‐Pacific Studies (HKIAPS) in 2010 demonstrate that Hong Kong people identified social harmony as the main direction for social development, closely followed by economic development, and democracy and freedom. Respondents who chose social harmony as the main goal of social development were more likely to take a step back and find common ground when fighting for their own rights or the rights of society. This paper concludes that these findings reflect the crucial importance of taking social harmony into consideration in the social policy development process.     

The Politics of (Fractured) Solidarity: A Cross‐National Analysis of the Class Bases of the Welfare State

This article considers the politics of social solidarity from a cross‐national perspective. In the analysis, we rely on four waves of international social survey data for our sample of Western nations, representative of different welfare state traditions. The time span is a 20‐year period and the total country‐wave sample comprises over 40,000 records. While there is popular support for governmental actions to protect citizens in old‐age and sickness, views about the social rights of unemployed citizens are shifting. High‐profile activating labour‐market reforms are reapportioning the burden of risk in society. With the rise of right‐wing populism in Europe and the USA, this article examines how interests change as citizens lose their stake in the means of security – revealing an ever more fragile and fractured social solidarity.     

Economic Policy and Social Policy: Policy-linkages in an Era of Globalisation

This article argues that changes in the role of the state in economic affairs will affect the process of social policy. Growing economic integration caused by globalisation now places a greater constraint upon the discretion of the nation state, bringing about a transformation into a more competitive state. States are increasingly having to compete against each other in order to promote competitiveness and attract foreign direct investment (FDI) from international capital markets. This competition influences in turn the social policy formation requiring the redesigning of social policy. Thus, welfare states may need to reform their social policy towards a "business-friendly social policy". The analysis of social policy inputs and outputs presented here suggests that there are common trends in most welfare states towards: a market-conforming policy on business taxation, a reduction of the share of employer's contributions in social protection revenues, more limited income security programmes, an increased allocation of resources for active labour market programmes and less state intervention in the labour market. All these reforming trends in social policy can be understood as a response of welfare states to the evolving needs of business caused by structural change, notably globalisation.     

Universal ideals and particular constraints of social citizenship: the Chinese experience of unifying rights and responsibilities

This study looks at the perceptions of citizens in a modern Chinese society and explores whether social rights and responsibilities are unified at both ideal and practice levels. It finds that the conception that the Chinese have a weak image of social rights is no longer true. The Chinese are generally 'right-deficit' at the practice level. It is also found that there are wide gaps between ideal rights and practice rights, and between ideal responsibilities and practice responsibilities, except in components affected by cultural, contextual and institutional factors. The findings suggest that, for a full understanding of social citizenship, it is necessary to look at both ideal and practice levels of social citizenship. Cultural, contextual and institutional factors are identified as moderating people's behaviour and preferences in regard to social citizenship.     

新生代农民工社会保障问题及其出路

新生代农民工是伴随改革开放而出现的一个新群体,其社会保障权利诉求比父辈们更为强烈,但现实情况是：他们的社会保障权益并没有得到多大改善。第一代农民工社会保障问题亟需政府承认并负担起补偿责任,而新生代农民工的社会保障问题需要国家通过相关法律法规为其搭建起社会保障的政策起点,厘清政府、用人单位和劳动者的社会保障权利、义务和责任,赋予新生代农民工平等的社会权利,同时要未雨绸缪地解决好与之相关的社会问题。     

China's social assistance policy: experiences and future directions

The Minimum Living Standard Guarantee System (MLSGS) forms the core of China's current social assistance policy, and special assistance programmes are used to supplement this policy. This paper scrutinizes the evolution and achievements of the social assistance policy, and analyses the challenges and problems that the policy faces. In this paper, we argue that the international trend of social assistance reforms, institutional background changes and the problems of social assistance in China require a developmental model to guide the future development of the social assistance policy. Therefore, social assistance policy should not only fulfil the basic living requirements of the underprivileged and enable underprivileged people to share the outcomes of economic and social development, but also should enable the underprivileged to develop human capital and participate in the labour market. To move towards developmental social assistance, this article proposes several relevant policy suggestions.     

The Three Monotheistic World Religions and International Human Rights

Judaism, Christianity, and Islam, and the human rights movement lay claim to much of the same moral territory, notably concepts of human dignity, equality, and social justice. In practice there are many tensions. This article argues that common standards are necessary to govern relationships among religions and that international human rights standards best play that role. To achieve greater consensus and mutual understanding, the religious and human rights communities must examine how their meaning systems can and have changed over time, and differ across regions. Recognition of these variations and empirical evidence that religiosity is not necessarily inherently linked to prejudice can enable both the religious and human rights meaning systems to evolve toward greater consensus on common social norms.     

论转型期我国政府信用体系的构建

政府信用是指各级国家行政机关在经济社会管理和服务活动中能够履行契约而取得的信任,是社会组织、民众对政府行政行为所产生的信誉和形象的一种主观评价或价值判断。在当前社会转型期,由于政府自身存在的诸多问题及社会客观条件的影响,政府信用局部缺失的现象较为突出。为此,要不断强化信用理念,转变政府职能,坚持依法行政,实行政务公开,加强政风建设,强化政府监督,努力构建一套完善的政府信用体系。     

Beyond the Nation State: Social Policy in an Age of Globalization

The paper proceeds from the assumption that globalization has placed significant constraints on the autonomy of nation states in the making of social policy. It argues that the post-World War II welfare state represented a social system highly successful in combining economic efficiency and dynamism with equity and solidarity. This historic achievement at the nation-state level is being undermined by economic globalization. It is both necessary and feasible to recreate and institutionalize this mixed system globally. The paper argues that the concept of social rights, which has served as the basic underpinning of the welfare state, has many weaknesses—logical as well as empirical. While the principles of civil and political rights are being consolidated and extended worldwide the principle of social rights is in decay. The paper presents the case for replacing social rights by social standards as the major concept for buttressing systems of social protection. To be applicable globally a social standard must be conceptualized as a level of social development which corresponds to an appropriate level of economic development. Finally, the paper considers the problems and prospects of developing social standards transnationally. It reviews, briefly, the nature and extent of transnational social policy-making by inter-governmental organizations and concludes that despite difficulties of global action advances towards global social standards remain possible.     

和谐社会语境下的互联网发展与治理

互联网的健康发展有利于加强对公权力行使的高效监督与约束,有利于促进私权利的快速发展与实现。但互联网在发展中也存在着诸如网络暴力横行,单边、不良和垃圾信息泛滥,个人信息资料遭泄露,大肆侵犯著作权,滋生网络无政府主义等问题,均不利于互联网本身的健康发展与社会和谐,因而有必要加强对互联网的治理。而互联网治理的基本路径可以概括为政府与民间互动,全球国际组织与主权国家协作,技术手段与规范手段并举,全方位、多角度、多层次治理。