The Decoupling of Social Policy Reforms in Romania

Social reforms in Romania have been, from the beginning of the 1990s and throughout the EU post‐accession phase, the battlefield for many domestic and international actors. The article identifies, from an historical institutionalist perspective, the international actors who decisively influenced reforms of social protection in Romania during the transition, with a special emphasis on the EU pre‐ and post‐accession stages. Further, the article attempts to understand the impact of the various external influences on the sustainability and effectiveness of domestic reforms, by assessing the convergence, or the decoupling, between the rationales – i.e. ideologies and values – that explicitly grounded social reforms in Romania and the domestic public rhetoric on social risks and values. Answers to these questions can provide important insights in regard to both the impact of the EU upon new member states and the challenges of EU enlargement for the EU and its core member states.     

No sign of harm: issues for disabled children communicating about abuse

While all children may be the victims of abuse, disabled children are particularly vulnerable. This paper explores the views of professionals working with children using alternative/augmented communication systems on the issues relating to communication about abuse. Interviews were carried out with 20 staff from eight establishments for disabled children across Scotland. It describes the range of alternative/augmented communication systems used and the barriers to communication about abuse. Staff generally accepted the importance of providing the appropriate vocabulary in augmented communication systems, but systems that provide such vocabulary were not widely used. Staff considered that a major difficulty concerned the level of understanding disabled children might have about concepts of abuse. They were unsure how the appropriate vocabulary could be introduced in a natural way and how links could be made between the signs and their meanings. Staff saw themselves as those most able to protect the children, but it was felt that discovery of abuse was more likely to come from them noticing physical signs, behaviour or mood changes than from the child communicating explicitly about abuse. The need for appropriate training and increased coordination between social work, health and education is highlighted. Copyright © 2001 John Wiley & Sons, Ltd.     

Building community: a conceptual framework for child protection

This paper proposes a community-building framework as an innovative strategy to begin to re-claim children and families at risk. It is a strategy that identifies a purpose, a value base, knowledge and theoretical dimensions, and methods of practice that present as an approach for child welfare systems to consider shifts in thinking in order to meet what is considered the most important challenge of the next century: that of rediscovering community. Copyright © 2001 John Wiley & Sons, Ltd.     

Emergency Law in China: Its Formation,Present State and Future

中国非常法律的形成, 是为了应对紧急事件。这类法律由法律法规、应急预案和 军事法规等组成, 规定了战争状态、紧急状态和应急状态三种非常状态, 致力于建构 专业化大分工基础上的综合统一体制。在实践中, 应急预案取代了法律法规, 成为紧 急事件治理的基本规范依据; 政府和武装力量处于主导地位。中国非常法律基于必要 而形成, 其适用具有临时性, 主要内容具有授权性和预防性。非常法律未来发展的主 要目标是: 与中国特色社会主义法律体系衔接, 制定紧急状态下的基本法, 完善非常 法律的各项具体机制。

关键词: 非常状态 综合治理 执行主导 预防性法律

China’s emergency laws have emerged as a result of dealing with crises. They comprise laws and regulations, emergency plans, and military regulations, and define three exceptional or emergency states: war, emergency and emergency response, with the aim of constructing a comprehensive integrated system based on the specialized division of labor. In practice, however, emergency plans take the place of laws and regulations and provide the fundamental normative basis for tackling emergencies, with government and the military playing the dominant role. Developing out of necessity and possessing temporary applicability, China’s emergency laws are characterized by authorization and prevention. Integrating emergency law with the socialist legal system with Chinese characteristics, formulating basic law for emergency situations and improving the specific mechanisms of emergency law should be regarded as major steps in its future development.     

Chronic Child Abuse: The Characteristics and Careers of Children Caught in the Child Protection System

The introduction of the Quality Protects initiative in Englandand the focus on performance management has challenged socialservices departments to examine the systems, processes and outcomesfor children who have their name on a child protection register.Research indicates that approximately one-quarter of the situationsin which children are registered could be described as chronic—thatis, they remain on the child protection register for significantperiods of time, experience more than one period of registrationor suffer a further incident of significant harm whilst subjectto a child protection plan. In this article, the findings froma research study conducted into this group of vulnerable childrenare reported, focusing on the characteristics of the childrenand their families, and their careers in the child protectionsystem. The paper concludes with observations about the weakconceptualization of performance management and the need torecognize the complexity of the factors that influence children’scareers in the child protection system.     

《铁路法》第58条与《民法通则》第123条的冲突与适用

《中华人民共和国铁路法》第58条与《中华人民共和国民法通则》第123条存在冲突。从厘清“基本法律”与基本法律以外的“其他法律”的位阶问题、铁路交通事故中对弱势群体利益的保护以及企业社会责任等角度考量,《民法通则》第123条应当优先适用。     

加拿大环境保护法的变迁:1988—2008

加拿大环境保护法自1988年产生之后,随着社会环境的变化而不断更新,在正当的法律程序的指引之下,既重视法律文本的完善,又关注法律的实效,以此为借鉴,中国环境法在修改过程中,可以突出以下方面:一是进一步充实立法原则;二是建立环境保护责任制度;三是完善立法程序和立法技术.     

引渡背景下的刑事法变革探析

在全球经济一体化步伐加快、各国刑事司法合作日益紧密的当下,如何将逃亡国外的贪官污吏引渡回国、实现正义审判,是一个急迫的现实问题。笔者关注国际法律制度与国内刑法的衔接,以近年引渡实况为背景,从引渡困境切入,探讨国际化背景下的大刑法改革之路,以期通过自身革新实现国际追捕的新跨越。     

“三合一”型政府管理模式:现实与理论的全景式展示

建设法治型政府、责任型政府和服务型政府是我国政府进行政府改革的有益尝试,是用新的价值取向和路径选择对传统政府管理模式进行根本性或方向性的调整.本文将对这三种政府管理模式作一番现实考量和理论分析,以求正确处理好它们之间的关系,努力彰显出它们在目前我国市场经济发展水平和社会整体发展水平中的本色和个性,并使其相辅相成、相互促进,塑造"三合一"型政府管理模式,可以实现社会理想的崇高意蕴,契合"和谐社会"的构建,这对促进我国经济社会协调发展和全面进步,具有重大的理论和实践意义.     

Enriching Resources for the Poor: Lessons from the Philippines

The paper provides an overview of the poverty situation in the Philippines, followed by a brief profile and assessment of two anti‐poverty programs: the Kapit‐Bisig Laban sa Kahirapan‐Comprehensive and Integrated Delivery of Social Services (KALAHI‐CIDSS) program and the Pantawid Pamilyang Pilipino Program (4Ps). Official statistics disclose that the global economic crisis in 2008 adversely affected Filipino households, leading to higher levels of poverty especially in rural areas. In response, government introduced an Economic Resiliency Program with social protection as one component. Sixty‐six social protection programs were launched, including the two under review. KALAHI‐CIDSS and the 4Ps apply poverty reduction strategies that focus on the development of human and social capital, rather than economic capital. They involve processes and relationships that aim to improve the other dimensions of poverty, such as lack of access to opportunities or deprivation of basic human necessities. Qualitative and quantitative reports describe generally favorable outcomes from both programs. However, these gains at the household level need to be supported by relevant policy, enhanced public services and badly‐needed infrastructure programs from government, in order to sustain achievements culled from social protection programs and attain broader developmental impacts.