试论权利的演变及其成本——基于政府实现公共利益能力的视角

无论从任何角度考察，权利都以政府的巨大财政成本作为后盾，否则权利便无从实现。当现代政府的公共利益责任与权利成本发生矛盾时，如何协调二者之间的关系，将权利成本最小化、公共利益最大化，就成为理论界与实务界必须承担的责任。     

Chemical risk communication through the Internet in Spain

In this work, some corporate websites of the chemical industry of Tarragona (Spain) are studied, analysing how the chemical trade associations and companies present information and/or encourage dialogue with the community on issues relating to the chemical risk and their environmental, health and safety (EHS) performance. The results suggest that the chemical industry in Tarragona uses the corporate websites mainly to disseminate information about its EHS commitments and performance, but they do not encourage dialogue with the community through the Internet.     

The re-enchantment of social institutions: Max Weber and public relations

The German sociologist Max Weber is rarely referred to in public relations theory and research. In this article it is argued that his concepts of legitimacy and legitimation are relevant for understanding and analyzing public relations activities. Legitimacy, i.e. having sufficient external support to continue to exist, is seen as the ultimate purpose of public relations, and legitimation is seen as the efforts which are aimed at acquiring organizational legitimacy. The article discusses both theoretical and practical implications of these ideas for the field of public relations.     

An analysis of other countries’ international public relations in the U.S.

The purpose of this study was to examine the various aspects of international public relations by other countries in the U.S. Based on the Foreign Agency Registration Act (FARA) report in 2002, this study analyzed client, activity types, purpose of activity, and key U.S. partners for activity. This study found that (1) business organizations and central governments were major clients of international public relations in the U.S., (2) meeting with governmental officials and congressional leaders was the primary type of activity followed by information dissemination, and (3) economic purpose led by trade promotion was the primary motive for these activities.     

Qualified privilege: A defense for the public relations function

Technology continues to challenge the public relations practitioner to find ways to inform key constituents. The new technology has given rise to the “new journalism” that includes a declining traditional media and exploding internet media filled with websites and bloggers. The question posed by this research asks: Does the public relations practitioner inherit the same protection offered by “qualified privilege” that is most often associated with the traditional “press” or “reporter?” The research lays a foundation with an examination of defamation and the defense of qualified privilege. The research concludes that if information gathered by the public relations practitioner meets the “intent” and “content” tests, the information qualifies as news. Passing the “news” test, the defense of “qualified privilege” also attaches to the public relations practitioner.     

Physician perceptions of medical malpractice and defensive medicine

Using judgments obtained in interviews with 33 Massachusetts physicians, the annual statewide volume of expenditures incurred for defensive medical reasons in 1982 was estimated to be $1.0 billion, 12% of all medical care expenditures. Estimates for the nation were $37 billion, 14% of expenditures. Nationally, 180,000 cesarean deliveries were thought to be performed for defensive motives. In their own institutions, respondents judged 43% of all skull x-rays following injury to be medically justified, 30% to be defensive medicine, 16% to be placebos, and 11% to be physician misjudgments. In considering the economic and noneconomic costs of medical malpractice procedures, the dollar costs of insurance were considered most serious, followed closely by defensive medicine, unfairness, and poorer relations with patients. Thirty-two percent of the responsibility for the negative aspects of malpractice processes was assigned to lawyers, 21% to physicians, 18% to legislatures and courts, 16% to patients, and 13% to insurance companies.     

Industry and the environment: a case study of cleaner technologies in selected European countries

The aim of this case study is to discuss the role of technology in addressing environmental problems. The paper tries to scratch beneath the surface of the increasingly frequent ‘quick-fix’ solutions to the present environmental problems, based on such beguiling catchwords as Cleaner Technologies, Best Available Technologies, and Best Available Technologies Not Exceeding Excessive Costs, etc., in an attempt to discover whether there is any substance in them, or whether they are just full of hot air. Recent data from case studies performed by the author in Germany and Finland as well as a postal questionnaire in Denmark are presented. The paper analyses and discusses the roles and responsibilities of designers, industrialists, and government policy-makers. It is argued that existing regulatory regimes, supranational industrial structures, and market mechanisms do not favour the development of cleaner technologies, nor do they promote a reduction in consumption patterns. Evidence from ongoing empirical research in Northwest Europe suggests that industry is far from developing and/or implementing cleaner technologies. The paper closes with a discussion of some of the policy implications involved and some examples of urgently needed further research.     

Does the availability of child care influence the employment of mothers? Findings from western Germany

There is a vast empirical literature investigating the effects of child care costson female employment. Day-care costs are usually treated as a reduction infemale wages and are supposed to reduce a woman's propensity to participatein the labor market. In this paper we argue that an analysis of the effects ofchild care on the employment of mothers in Germany should focus on theavailability rather than the affordability of care, due to peculiarities of theGerman day-care regime. Our empirical findings cast doubt on the effectivenessof the current German day-care regime. Specifically, we question the extent towhich it enables mothers to participate in the labor market.     

公务员职务消费制度改革刍议

职务消费是维持政府机构正常运转所必须支付的成本。它是一把"双刃剑",管理得当,有利于整个社会的良性运作;管理不当,则会导致财政资金的大量流失。因此,必须对公务员职务消费制度进行改革,将其纳入制度化、货币化、规范化轨道,以规范公务员职务消费行为,在降低政府运行成本的同时,提高政府的行政效能。     

行政裁量的界限与公共利益

公共利益是贯穿于整个公法领域的重要法律概念,为所有国家行为提供合法性理由。但由于公共利益概念的不确定性,在解释其内容时往往要诉诸于行政裁量。当今宪政国家要求行政裁量行为遵守内外界限,而此种界限映射到公共利益上即表现为法定性以及合理性和程序性。