诚实信用原则的博弈分析

诚实信用从道德走入法律,经历了从罗马法到现代法的演进,发展为民商法的基本原则。在我国市场经济建设的过程中出现了信用缺失的现象,现代社会需要信用经济,信用经济需要法律保障。运用博弈论对诚实信用原则进行研究是一个全新的视角与方法,人们在博弈行为中进行策略选择,以实现利益最大化,影响人们选择诚信行为的因素是多方面的,根据博弈论的分析结果来进行法律制度设计将增强法律的针对性,是强化诚信原则、确立市场信用的重要手段。     

Using complexity theory in kinship practice

This reflective discussion draws on data from a collaborative enquiry into kinship or family and friends practice. It introduces perspectives from complexity and chaos theory as a way of re‐examining the challenges of kinship practice. The discussion highlights the enduring challenges for practitioners, not least, managing anxiety and uncertainty, sustaining continuity and containment, becoming experienced and taking account of the complex developmental needs of the children and their families. The discussion particularly raises questions about appropriate settings for practitioners to undertake such a demanding area of child and family social work.     

Regulation of Personal Social Services – The Israeli Experience

The current article explores the aspects of regulatory policy in the field of personal social services. In Israel, the government sets standards, and finances and oversees personal social services, while the services themselves are provided primarily by non‐governmental organizations. Based on a qualitative study we examined two questions. First, what characterizes the implementation of regulatory mechanisms in the field of personal social services in Israel? Second, how can we explain the outcomes of regulation in the personal social services in Israel? In a unique approach, we used the institutional analysis and development (IAD) framework to explore the regulatory practices implemented in community residences and hostels for people with intellectual disabilities and in after school programmes. The findings revealed that although there were implementation gaps in both cases, the IAD might improve our understanding of the nature and magnitude of these gaps. Furthermore, the insights gained may have implications for policymakers in their development of regulatory policy.     

20世纪柳永词传播的定量分析

词选是词的主要传播媒介,20世纪词选的数量和种类与前代相比达到最大值,其对柳永词的著录篇数与著录名次亦创历史新高。这种传播盛况充分表明此期柳永词在读者心目中的重要地位和深远影响。俚俗词进入柳永“名词”排行榜与“名词”的分散、扩展趋势则表明此期词学观念、词学趣尚的深刻变化与多元化发展态势。     

The influence of ‘topic and resource’ on some aspects of social theorising

Developments in sociological theory since the 1960s have been responses to disciplinary problems rather than changes in fashion. The problem of topic and resource—where sociology has to use everyday understandings and practices as study resources even though they are legitimate topics of enquiry—has been an important and sometimes neglected spur to many of these developments. The turn to discourse, conversation analysis and the rise of Bourdieu's reflexivity are all attempts to address the problem, but each is shown to be unsatisfactory in different ways. In summary, they seek to address the issue as requiring either a principled methodological or a principled theoretical solution, and neither approach is capable of comprehensively addressing the matter. It is argued that these ‘solutions’ depend, in turn, on one of two particular construals of what the ‘problem’ consists in, neither of which is necessary or coherent. Each, it is argued, depends on a philosophical trick: making language out to need formal improvement (the Bertrand Russell trick) or introducing inappropriate scepticism to everyday life (the René Descartes trick). It is suggested that treating topic and resource not as a problem but as something which opens up new areas of investigation successfully deflates the issue and avoids unnecessary theoretical and methodological contortions.     

Putting the ‘public’ into public service delivery for social welfare in South Africa

Mubangizi BC, Gray M. Putting the ‘public’ into public service delivery for social welfare in South Africa Int J Soc Welfare 2011: 20: 212–219 © 2010 The Author(s), International Journal of Social Welfare © 2010 Blackwell Publishing Ltd and the International Journal of SocialWelfare. The privatisation of some essential services in South Africa has raised severe difficulties for those for whom the idea of fees for services is quite foreign and who, in any case, cannot afford to pay for services. The government has developed several initiatives to educate people about the need to pay for services provided by local government, the largest of which was the Masakhane fees‐for‐services campaign. This article describes two recent initiatives that seek to engage local citizen participation, namely, Integrated Development Plans and izimbizo (or traditional forums). These are examined along with the challenges faced by local government in promoting citizenship participation in service delivery within a decentralised system of governance. The article concludes with some recommendations on how citizen participation can be enhanced so as to make the ‘public’ visible in public service delivery and thus improve social welfare services.     

印度对中国崛起的认知

在中印共同崛起的大背景下,探究印度对中国崛起的认知尤为必要。通过皮尤＂全球态度调查＂项目的数据可见印度对中国崛起的认知呈现＂负面＂态势。究其原因,在个人层面,印度公众对中国的无知与冷漠以及某些媒体记者对中国的歪曲报道直接造成这一结果;在国家层面,中印之间在边界争端、西藏问题、中印巴和中美印这四个关键议题上存在分歧,而这些敏感的议题又通过媒体的肆意渲染而影响印度公众对中国崛起的认知;印度公众对中国崛起的认知源于中印之间存在的＂安全困境＂。     

China’s Choice of Analytical Models for Its Anti-Monopoly Law

Modern analytical models for anti-monopoly laws are a core element of the application of those laws. Since the Anti-Monopoly Law of the People’s Republic of China was promulgated in 2008, law enforcement and judicial authorities have applied different analytical models, leading to divergent legal and regulatory outcomes as similar cases receive different verdicts. To select a suitable analytical model for China’s Anti-Monopoly Law, we need to consider the possible contribution of both economic analysis and legal formalism and to learn from the mature systems and experience of foreign countries. It is also necessary to take into account such binding constraints as the current composition of China’s anti-monopoly legal system, the ability of implementing agencies and the supply of economic analysis, in order to ensure complementarity between the analytical model chosen and the complexity of economic analysis and between the professionalism of implementing agencies and the cost of compliance for participants in economic activities. In terms of institutional design, the models should provide a considered explanation of the legislative aims of the law’s provisions. It is necessary, therefore, to establish a processing model of behavioral classification that is based on China’s national conditions, applies analytical models using normative comprehensive analysis, makes use of the distribution rule of burden of proof, improves supporting systems related to analytical models and enhances the ability of public authorities to implement the law.     

The prevalence and composition of asset poverty in Canada: 1999, 2005, and 2012

A household is considered asset poor if its assets (financial assets or net worth, taken separately) are insufficient to maintain well‐being at a low‐income threshold for 3 months. We provide the first national‐level estimates of asset poverty for Canada, using the 1999, 2005, and 2012 cycles of the Survey of Financial Security, and juxtapose these estimates with income poverty. The analysis provides new insight into economic insecurity by showing that asset poverty rates are consistently two to three times higher than income poverty rates. In addition to the prevalence of asset poverty across socio‐demographic groups, we analyzed how the composition of the poor change over time. Age and geography shape the risk for asset poverty in distinct ways. We found that while education appears to play a comparable role in shaping both income poverty and asset poverty, immigration places Canadians at a relatively higher risk of income poverty but not asset poverty. Key Practitioner Message: ? Practitioners ought to consider assets as well as income in assessing economic vulnerability; ? Asset poverty levels are 2–3 times higher than income poverty levels; ? Certain groups (e.g., immigrants) may be income poor but maintain sufficient assets.     

Improving outcomes for children in out‐of‐home care: the role of therapeutic foster care

How best to support children and young people in foster care remains a challenge for child welfare. There has been little Australian research on the outcomes for children and young people placed in therapeutic foster care (TFC). This article aims to address this knowledge gap, presenting the evaluation of a state‐wide model of TFC known as the Circle Program operating in Victoria, Australia. Data sources for the study were case assessment analysis; surveys of foster carers, program workers and other stakeholders in the sector; and both focus groups and individual interviews with foster care workers. The evaluation found that the Circle Program lessened the number of unplanned exits of children from foster placements compared with generalist foster care. Another important finding was that the Circle Program positively influenced foster carers' decisions to stay in the carer role. Key components perceived as contributing to outcomes of the Circle Program included enhanced training of foster carers, intensive carer support, specialist therapeutic support to the child and carer, therapeutic service to family members and a network of services to provide support to the child.