贫困与权利:基于饥荒的公共政策分析

Poverty and Rights: A Public Policy Analysis Based on Famine

饥荒意味着饥饿,反之则不然;饥饿意味着贫困,反之也不然。"权利假说"和"交换权利"理论可以为我们分析贫困提供很好的概念分析工具,更为我们从公共行为的角度制定反贫困政策、保障权利提供理论依据。无论是以前还是现在,在消除饥饿和权利剥夺中都存在一个明确的公共利益问题,以有效的方法去勇敢地面对灾难,这一挑战不可避免地需要不同形式的公共行动。在分析饥荒的起因及寻求社会变革以清除它们时,我们要对权利制度的性质以及它们的实施情况加以评判,并在法律的框架中建立可行的权利保障体系,为减少贫困预防饥荒创造良好的制度环境。

The various energy problems arising from the times development post great challen- ges to the legislation of Chinese energy law. Currently, Chinese energy legislation faces many obsta- cles. Not only some new laws needs to be urgently legislated, but also the existing laws should be further amended. However, it appears that the legislatures＇ conceptions are not keeping pace with the current needs. The contents of the Energy Law are full of administrative regulations and politics rather than legal norms and regulations. The incompatibility between the Energy Law and other rele- vant laws are also eminent. The laws and regulations on electricity, coal, oil and natural gas, energy reservation, renewable energy, are found to be lagged behind, incompatible and even impractical for enforcement. These laws do not explain the relationship among energy, economy, and environment, failing to maintain a harmonious relationship between the law and the polities, or economic reforma- tion and law, and do not clearly differentiate and identify the respective roles of the market, govern- ment and enterprise. To solve these difficulties and problems, in future Energy Law legislation, an integrated approach shall be adopted to respond to all these problems remaining in the conceptions, targets, technologies, institutions, rules, reformation, etc.