和谐社会的基本机制、约束因素及其对策(上)

社会公平和价值认同是社会和谐的基本机制。历史、国际经验、理论史和人类近二百年的历史发展表明,社会差距和社会不平等在加剧,社会问题越来越突出,建设和谐、美好的社会是人类社会发展面临的迫切任务。在任何条件下,包括市场经济条件下,都不会存在绝对公平和公正,不合理的所有制结构和不恰当的市场运作将加剧社会不公平和社会不公正。政府公共服务是自工业革命,特别是19世纪以来人类应对市场经济带来的不公平和不公正而采取的积极措施,社会广泛参与公共服务使政府公共服务进一步发展和完善。到目前为止,完善市场体制,加强政府公共服务和推动公众最大限度参与社会事务是人类应对不平等加剧的最佳选择之一。规范市场,发挥政府的公共服务职能,鼓励全社会参与,是消除社会不平等差距的基本手段,任何单一的行动都不足以应对人类所面对的严峻挑战,也都不能实现构建和谐社会的目标。     

公正、诚信、自由：市场经济的伦理

市场经济是建立在分工与产权分立基础之上的“自发扩展”的秩序,这一秩序内生出其伦理的基础:公正、诚信、自由。公正是排他性产权主体之间进行交易的前提,是市场秩序的基础;诚信是节约交易成本,提高市场机制本身的效率的内在需要;自由是市场运行的前提预设,是市场经济运行的政治保障。     

效率与公平视角下的和谐社会构建

把效率与公平关系和社会主义和谐社会这两个重要的主题放在一起加以分析,以发现它们之间具有的相关联系,是个颇具现实意义的研究内容。借助历史分析的方法,发现效率与公平关系的演进与和谐社会的变迁有着历史性的契合,由此得到的结论是,要构建的社会主义和谐社会同时也是效率与公平统一的社会,而通过实现效率与公平的统一可以为构建社会主义和谐社会开辟一条路径。     

Restorative justice for juvenile offenders in China: Current practices and challenges

ABSTRACT

In recent decades, restorative justice has gained considerable recognition worldwide and has become a prominent option for diverting juveniles away from the traditional criminal justice system as well as delivering fair and just outcomes in the justice process. This paper provides an overview of how the criminal justice system operates for juvenile offenders in the People’s Republic of China (hereafter, China). Based on a sophisticated literature review of recent Chinese academic journal articles on restorative justice for juveniles, the paper presents an analysis of the characteristics and operational procedures of current practices. Deficits and potential future developments pertaining to Chinese restorative practices for delinquents are also discussed.     

The individual rationality of maintaining a sense of justice

Let us say that an individual possesses aprincipled preference if she prefers satisfying her preferences without violating the principles of justice governing her community to satisfying her preferences by violating these principles. Although living among possessors of principled preferences benefits individuals, maintaining such a preference is individually costly. Further, individuals can benefit from others possessing principled preferences without themselves possessing one. In this paper, I argue that occupying a choice situation which mirrors key aspects of our own situation, maximizing rationality requires individuals to develop and maintain principled preferences.To establish that maintaining a principled preference is individually rational for the occupants of such a choice situation, I define a range of individual strategies for them, model their choice of individual strategies as a game, and argue that this game involves an equilibrium in which all of its participants would choose to develop and maintain a principled preference.     

人权:正义难题的现代解答——一个思想史的视角

正义是什么?这是一个曾经困扰了人类二千年的难题。西方古代的思想家曾经给予了不同的答案。在17世纪,基于"人权保障"和"权力制约"的正义观被提出,到20世纪中叶在全世界获得了基本共识。但是就每一个具体国家而言,正义社会的建设内容本身需要根据各自的国情和时代要求而确定。基于生产力落后以及封建官僚传统这一国情,我国正义社会的建立具有鲜明特色:以"生存权保障"为核心建立权利保障制度,以"反腐倡廉"为基础建立权力监督制度。     

Four Public Declarations of the Revolutionary Period

In our complex, interdependent world, it is critical that educators prepare students for global citizenship. One way to develop students’ awareness and understanding of the world is through global literature. Through exposure to this type of literature, students gain multiple perspectives and learn about the social, political, and moral conditions under which people around the world live. They also develop respect and understanding of socially and politically oppressed peoples and learn why it is important to promote social justice. The authors discuss global literature for elementary students and describe an example of a lesson taught in a third-grade classroom using these books. Finally, the authors share the outcomes of the lesson based on their observations and analysis of the students’ oral responses and written reflections.     

Domestic Violence, Criminal Justice Responses and Homelessness: Finding the Connection and Addressing the Problem

As more social scientists examine the female side of social issues a host of questions are answered and further inquiries form in the wings. Two fields where much detailed and valuable information on women have been provided, and many questions still remain, are social work and criminal justice. A meeting point for these disciplines lies in the area of homelessness and females. By most accounts, a sizable proportion of homeless women, many of whom are mothers, become homeless due to domestic abuse. Knowledge of ineffective criminal justice responses to domestic violence leaves one to ponder whether there exists a connection between lack of social control in domestic abuse calls and the onset of female homelessness. The present work addresses this knowledge gap and suggests future research necessary to delineate a proposed link between weak criminal justice responses and female homelessness. Policy initiatives to correct these flaws are provided as well.     

Sentencing Male Sex Offenders Under the Age of 14: A Law Reform Advocacy Journey in Hong Kong

The common law presumption that a boy under the age of 14 is incapable of sexual intercourse has provoked controversial debates in Hong Kong. This article describes a 6-step advocacy journey to examine how community efforts have helped modify this law so that juvenile male sexual offenders under the age of 14 who have committed the crime of having sexual intercourse with underage females can be sentenced to receive appropriate treatment. Seven court cases provided by the magistrates’ courts in Hong Kong were used in this advocacy effort for the removal of the presumption in July 2012. Although this effort has yet to reveal signs of effectiveness, it represents greater public awareness about providing rehabilitation appropriate for juvenile sex offenders through a formal sentence. Restorative justice, as opposed to retributive or punitive justice, places an emphasis on rehabilitation of the offender and restoration of victims to a place of wholeness.     

The City: A Social Studies Class

Teaching for economic justice can be challenging for upper elementary and middle school teachers. Many teachers may feel uncomfortable with the subject matter and thus avoid addressing sensitive social issues related to economic/financial inequities. This article describes how selected songs and works of visual art, expressions of social protest and social commentary from past and present, can be used appropriately as starting points for introducing the concept of economic justice. By using principles and strategies of Discipline-Based Arts Education (DBAE) and employing works of art as organizing centers for instruction, potentially sensitive social issues are simultaneously personalized and depersonalized. Music and art provide a relatively safe and comfortable means for teachers to promote student awareness and sensitivity towards economic injustices. Two sample lesson plans, the first for upper elementary students and the second for middle school students, are provided and discussed.