立案登记制改革:理论基础、运行困境与路径优化

2015年5月1日起中国正式实施立案登记制,将案件受理制度由审查制改为登记制,这符合当事人诉权保障的趋势和需求.立案登记制具备诉权保障的功能,可以多维度地践行诉权保障理念,但同时也带来了实践中的滥诉和法院案件数剧增等现实挑战.司法权的属性决定了司法的有限性,其不能解决所有社会纠纷.当立案登记制给审判实践带来的挑战遭遇司法有限性时,势必出现一定程度的冲突.为了平衡这种冲突,需从以下方面进一步优化立案登记制的改革路径:明确立案过程中登记与审查的关系;制定和实施受案范围的负面清单;健全减少需求供给的配套措施;推进立案环节案件的甄别分流;构建滥诉的惩治与防范机制;减少非司法负担对法官职业化的影响.     

税务信息管理权与保护权的冲突与平衡

实践中税务机关与纳税人在信息采集、保有及使用方面存在激烈冲突。究其原因在于公权力与私权利冲突具有必然性、税务信息的权利（力）边界不明且经济性日益凸显及税务机关信息管理的责任机制不健全。借鉴域外经验,中国税务机关信息管理权与纳税人信息保护权的平衡之道在于限制公权力并进一步保障私权利,坚持税收法定、个人权利保护及狭义比例等原则。具体而言,需明确税务机关信息管理权与纳税人信息保护权的范围,构建税务信息分层管理机制,严格化税务机关信息管理的程序,完善纳税人信息的争端解决机制与违法取用纳税人信息的责任机制并加强对税务机关信息管理权的监督,促进税务信息领域的公权力与私权利从冲突中走向平衡。     

环境管制、知识产权保护与区域创新能力——基于我国省际面板数据的实证研究

文章基于政府主导视角,利用2006—2015年我国30个省级面板数据,构建多元回归模型,分析变量之间的关系.其结果显示,环境管制、知识产权保护与区域创新能力之间呈非线性关系,环境管制与知识产权保护同时实施对区域创新能力有显著的促进作用,且具有区域异质性.从企业生存角度出发,提出门槛效应假说,采用Hansen面板门槛回归模型进行检验.结果表明,在环境管制与知识产权保护共同发挥作用时,环境管制必须控制在合理的范围内.最后采用门槛效应回归方法找到了环境管制与知识产权保护对区域创新能力影响的门槛值,并提出相应的政策建议.     

城镇化背景下大遗址管理体制的突破与困境

对大遗址管理而言,我国正稳步推进的城镇化既是机遇,也是挑战。为回应这些机遇或挑战,“十一五”前后我国从中央到地方采取了一系列措施,以寻求大遗址管理体制中管理架构和机构的部分突破。这些突破对大遗址保护已经或正在产生积极影响,但也面临着政策不具普适性、无法根除原管理框架痼疾等困境。促成大遗址保护需求与规划的衔接、引入社会力量参与大遗址管理,是突破困境的重要手段。     

‘A lad tried to get hold of my boobs,so I kicked him’: an examination of attempts by adults with learning difficulties to initiate their own safeguarding

People with learning difficulties are considerably more likely to experience sexual and other forms of violence than non-disabled people. Nevertheless, several respondents in this study have demonstrated some self-protective competencies. Most knew of their right not to be violated and a number of participants described situations when they had attempted to initiate their own safeguarding. Some had asked others for help with this. However, appropriate assistance was not always provided. This indicates that risk may be aggravated by social barriers. This paper focuses on highlighting the resistance skills that are prevalent amongst some people with learning difficulties. It concludes with suggestions on ways in which individuals may be further supported to realise their potential to play a more active role in directing and regaining their own protection.     

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.