中国环境立法的困境与出路

在环境法律实践的过程中,通过与污染受害者沟通和交流,发现许多问题都是根源于环境立法存在的问题。也就是,环境立法中的单向的立法理念,只注重至上而下的国家力量,这会导致法律与最初目的的偏离,从保护环境利益走向保护部门利益。因此,要寻求新的出路——发展双向融合的立法理念,即注重至上而下的政府主导与至下而上的公众参与有机结合,通过公众有效参与环境立法,发现环境法律实践中的问题,及时反馈到立法领域。从而在有效的互动中完善环境法治。     

Children in immediate danger: Emergency removals in Finnish and Irish child protection

This paper presents a qualitative analysis of front‐line practices regarding emergency removals in Finnish and Irish child protection. It examines how the responses to children's immediate danger are framed by legislation and how front‐line practitioners assess the child's situation and make emergency placement decisions. The data consist of interviews with 16 Irish and 33 Finnish social workers. These child welfare protection systems respond differently to a task that appears to be similar. The Irish team‐based practice rests on the social workers' shared assessment of the child's needs, and the formal decision is made by the courts (or police officers at night‐time); and the Finnish practice involves only one single social worker who makes both the assessment and the removal decision. The Irish system is tightly time regulated, whereas the Finnish system provides a more flexible time frame. Both approaches put a lot of stress on social workers' practice, which also includes creative workarounds (e.g., “planned emergency removals” in Finland). Future research will need to explore these features from the point of view of a child's right to protection.     

A divergence of opinion: how those involved in child and family social work are responding to the challenges of the Internet and social media

This discussion paper suggests that there is possibly a divergence of opinion taking place within the field of child and family social work and that the stated positions are influencing how practitioners identify and deal with risks and opportunities afforded by the Internet and social media. The suggested divergence is examined and the conclusion drawn is that what is taking place mirrors the fact that the introduction of any new technology inevitably brings with it division and debate. In seeking to understand the reaction to digital technology, consideration is given to a series of wider social discourses on childhood and risk, which includes the controversial notion that the profession is a harbinger of moral panic and that the management of risk has been broadened from child protection to child safety. The discussion paper concludes by calling for child and family social work practitioners to have a balanced debate that needs to be informed not only by current research but also by an open and honest discussion about personal use and an acknowledgement that there will be difficult moral and ethical questions to work through.     

当代环境文化建设的理论变革及其发展趋势

人类的环境文化表征着人与自然之间相互关系变迁的整个过程。面对近现代以来被扭曲和异化的环境文化,当代环境文化正在进行理论变革。必须全面推进可持续发展战略,转变工业生产方式、经济增长模式和人们生活方式,从而建立起人与自然协同进化、促进环境公平和实现生态现代化的当代新型环境文化。     

Cash Transfers and Children's Education and Labour among Malawi's Poor

This article examines the impact on children's education and labour of monthly cash grants targeted on ultra‐poor households and designed to reduce poverty and enable families to invest in human development. It conducts a randomised community trial, with baseline and endline surveys of intervention and control households; verifies school enrolment; and completes key‐informant interviews and focus‐group discussions. Compared with non‐beneficiaries, intervention children experienced a 5 percentage point difference in enrolment, higher educational expenditures, fewer absences, and a 10 percentage point decrease in labour outside the home. Qualitative data confirm the quantitative findings. Transfers to poor households had a positive impact. However, the Malawian educational system needs to be improved for short‐term impacts to lead to long‐term development in human capital.     

Financial policy innovation for social change: a case study of China's green credit policy

Financial policy impacts on a range of social issues such as poverty alleviation, education, pollution control, etc. Making good use of financial policy and applying innovation to existing financial systems can generate positive outcomes for society. This article is to discuss the case of green credit policy in China. This policy was jointly announced in 2007 by financial and environmental regulators. According to this policy, banks were encouraged to give more loans to environmental friendly companies than to others. Such policy has made great progress, and it became a more formal document entitled ‘Green Credit Guideline’ in 2012. This guideline included a comprehensive definition on green credit and specified several requirements at practical levels. Despite the great success, challenges of implementing such policy still remain. First, information about corporate environmental performance is insufficient; second, market incentives for green credit policy are not high enough; third, most banking staff lack knowledge and capacity to handle environmental affairs. Nevertheless, this case still sheds light on how financial policy innovation drives social changes. The key is to identify the connection between social issues and financial issues, and then to make a business case that creates pressures or incentives for financial institutions. This requires a market where social and environmental cost is appropriately priced and internalized to those who generate it. Ideally, financial policies should help shape such a market so that society can share values created by financial institutions.     

侵权法中的作为义务探究

国外立法例对侵权法中作为义务的规制模式不尽相同,中国台湾地区和大陆地区理论界对作为义务的研究在结合中国司法实践方面略显不足。对于侵权法中作为义务的探究,应当将国外立法例、中国理论界的研究成果与司法实践情况结合起来。中国侵权法中作为义务的设计应当遵循如下思路:无须在一般条款中明确作为义务;合同约定不应成为侵权法中作为义务的来源;不应当规定一般救助义务;作为义务来源应当具有层级性,且该层级性应当以重塑安全保障义务为中心。     

THE RELEVANCE OF THE CONCEPT OF DISSOCIATION IN CHILD PROTECTION

This paper explores one aspect of unresolved trauma, namely dissociation. Its relevance to child protection is discussed with reference to two aspects: emotional neglect and choice of partner. There is an exploration of the implications for both assessment and treatment. The central place of shame in relation to dissociation is also explored. It is argued that dissociation is an important concept in child protection assessments and that social work assessments should be alert to this.     

Who owns the trauma? A Kleinian perspective on the dialogue between child protection social workers and the media

The present paper makes use of the developmental model of movement between mental positions that was formulated by psychoanalyst Melanie Klein, aimed at understanding the dialogue that takes place between the media and social workers in the field of child welfare, centring around incidents of murder within the family. The basic concept in the paper is that when working with children who are victims of abuse and with their parents, and when reporting on them as well, the feeling of personal control is severely undermined, being associated with the loss of the hallowed social value known as ‘unconditional love of a parent for his child’. The paper illustrates these theoretical ideas by describing two cases that took place in Israel and recommendations are made regarding ways of promoting the dialogue between the professions.