How do countries choose their monetary policy frameworks?

This paper investigates the determinants of countries’ choices of monetary policy framework. A brief narrative focused on groupings of countries motivates an econometric analysis which draws on previous work on the determinants of exchange rate regimes, bringing in standard factors as well as the trade networks of potential anchor currency blocs and the financial market depth that are emphasised in the narrative. The model turns out to be able to predict three quarters of countries’ choices, and there is no obvious systematic pattern in the errors. The results have important implications for how countries should choose their monetary policy frameworks.     

定罪量刑情节若干问题研究

定罪情节和量刑情节各有其特征。一般而言，它们性质不同，作用各异；但有些定罪情节与量刑情节功能具有交叉性和双重身分性。在同一案件中，两次适用双重身分情节，并非是对一个事实的双重评价。法定情节与酌定情节在影响刑罚裁量方面，具有一致性和功能互补性：法定情节决定量刑的基本方向，酌定情节起补充和具体化作用，能决定具体刑度。对于多功能情节以及在多种量刑情节并存时，应当根据适当的原则和科学的方法进行具体处理。     

谨慎性原则与实质重于形式原则的协调运用——新企业会计准则中存货期末计价视角

随着经济的发展,经济活动日益复杂,经济环境中的不确定性事件越来越多,同时复杂的经济活动也致使经济现象的表现形式日趋多样化.以投资者为主体的会计信息使用者一方面重视与不确定性相关的风险信息的提示,另一方面也迫切要求会计信息能反映企业的经济实质.因而,谨慎性原则与实质重于形式原则的运用成为必然.然而,会计界对两个原则在实务中的具体运用产生了不同的理解.在此,笔者拟以新会计准则中期末存货计价为切入点,通过构造案例,阐述谨慎性原则与实质重于形式原则的协调运用.     

The Running and Inspiration of Judicial Review of Administrative Discretion Behavior of Taiwan

Article 4 and article 201 of Taiwan “administrative litigation law” prescribes the judicial review standards of administrative discretion behavior and the types of the court’s decision. These articles establish the system of judicial review of administrative discretion action. The system of judicial review of administrative discretion behavior in Taiwan based on a relatively mature theory— discretion defect theory,and the general legal principles specified in the “administrative procedural law”. These theories and legal provisions have important reference values for mainland to build system of judicial review of administrative discretion behaviors.     

试论立案审查阶段的法官自由裁量权

法官自由裁量权作为司法权的重要组成部分,无论是在法学研究中还是在司法实务中,都是值得重视的法律问题。目前对立案法官的自由裁量权鲜有研究。围绕立案审查阶段的法官自由裁量权的概念、特征及如何规制,进行了一些浅显的探讨。     

Towards a Multi‐level Approach on Frontline Interactions in the Public Sector: Institutional Transformations and the Dynamics of Real‐time Interactions

This study develops a multi‐level approach on frontline interactions in the public sector. Previous research suggests that detailed analyses of frontline interactions are essential to our understanding of how welfare services take shape when policies and rules are applied and negotiated in individual cases. The dynamics and performances of real‐time interactions have, however, rarely been analyzed as such. This study shows how the methods developed in the field of Conversation Analysis can contribute to this research. Our multi‐level approach integrates analyses of the policy‐ and institutional transformations that shape conditions for frontline interactions; and analyses of how policies and rules are evoked, negotiated and reshaped in the turn‐by‐turn organization and performances of interaction. The approach is applied on an analysis of how rules regarding financial aid are applied in an authority highly affected by changes in welfare policy towards standardization and detailed regulations. The empirical case is the Swedish Board for Study Support. The empirical study includes analyses of documents, interviews and analyses of taped telephone conversations. The study shows how institutional arrangements of standardization, detailed regulations, monitoring and depersonalization, structure the frontline work and shape narrow frames for officials' discretion in interactions with clients. The study also shows how rules are invoked and negotiated in recurrent practices in the interaction: in the careful design of decisions; in the investigations of alternatives and exceptions from the rules in order to find solutions to the client's problems. The analyses of concrete interactional practices clearly indicate that also a rule‐governed work dominated by task discretion involves recurrent negotiations, flexibility and local policy‐making.     

Self-managed Supervision

The growth of professional supervision in social work has been accompanied by complex attempts to theorise key elements of supervisory practice and highlight the need to further examine what constitutes supervisory support in current regulatory environments. Changes in human service organisations resulting from new public management generate a need to theorise broader patterns of support available to human service workers. This article draws on an electronic, mixed-method self-reporting study of advice and support-seeking behaviours of 193 human service professionals in 3 South Australian organisations. The findings indicate the fluidity of current professional supervision practice, with workers seeking professional wisdom, identifying practice direction, and debriefing with a range of colleagues within and outside their organisation. Accordingly, the article confirms that supervisors should no longer be thought of as the sole providers of professional advice and support for human service workers and conceptualises the workers as active agents shaping their own learning.     

‘Street‐level Bureaucracy’ Revisited: The Changing Face of Frontline Discretion in Adult Social Care in England

This reassessment of the continuing significance of Lipsky's (1980 ) work on ‘street‐level bureaucracy’ for frontline decision making is based on a retrospective review of the author's research on assessment practice in adult social care in England. The studies span the past two decades during which time successive governments have restructured and modernized social services departments. When these were established in 1970, they represented the high watermark of bureau‐professionalism – a mode of administration which dominated social welfare at the time Lipsky was writing. The subsequent dismantling of bureau‐professionalism calls into question the validity of his findings, and the author draws on her own research to assess conflicting views about the impact of social care reforms on the discretion which social workers exercise as street‐level bureaucrats. She concludes that the distinct types of discretion to emerge from her findings, represented in a taxonomy, are shaped by the differing micro environments of frontline practice which, in turn, affect the relative force of managerialism, professionalism and user empowerment in countering the defensive exercise of discretion described by Lipsky. Whilst her analysis affirms the continuing significance of Lipsky's analysis, it also points to the need for some revision to accommodate major shifts in welfare administration since the publication of his work. She highlights the potential relevance of these insights for investigating the next planned transformation of adult social care, personalization, as well as for the implementation literature more widely.     

法律原则之于司法能动的意义

司法能动这一术语需要多面向地、具体地、历史地理解,其本身并不构成司法裁判正当性的依据.原则裁判与司法能动在前提预设、先例对待、自由裁量以及价值导向这四个方面存有差异.法律原则的重要性在于,它一方面限定了司法能动的界限,另一方面构成了司法能动的价值检验标准.对两者关系的梳理可以揭示出司法能动对制度结构与程序框架的依赖问题,同时也帮助我们避免误解甚至滥用中国法治实践中的司法能动.     

构建我国恢复性司法的意义与设想

本文从恢复性司法的意义入手,提出要树立恢复性的司法理念,将其渗透到我国现行的刑法和刑诉法的立法与实践当中,为构建和谐社会提供司法支持。