Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1989, nr 4
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Item Spis treści RPEiS 51(4), 1989(Wydział Prawa i Administracji UAM, 1989)Item Podstawowe dyrektywy wymiaru kary (w świetle dyskusji wokół art. 50 k.k.)(Wydział Prawa i Administracji UAM, 1989) Jakubowska-Нага, JolantaThe article presents the standpoints of Polish penal code writing with respect to basic directives of measurement of penalty formulated on the basis of Penal Code of 1969. The first part presents three basic directives contained in Art. 50 § 1 of the Penal Code of 1969, i.e. a) a directive of the degree of social danger of a criminal act (identified by most authors with the justice-based rationalization); b) a directive of social influence of penalty (corresponding with the principle of general crime prevention); c) a directive of individual influence of penalty (corresponding with the principle of individual crime prevention). The interpretation of Art. 50 § 1 of the Penal Code does not indicate that the legislator would treat any of these directives in a preferential way. It may mean that each of them should be reflected in the individual measurement of penalty. The Penal Code is also silent on the question of priority of one of these directives in case of conflict between them, leaving the choice to the discretionary powers of the court. Such an arrangement of basic directives of measurement of penalty has since the early days of the Penal Code raised numerous controversies, most of them focused around the problem of a so-called leading directive of measurement of penalty. The second part of the article shows the course of a twenty-year-old discussion on the conceptions of measurement of penalty. The first stage of that discussion took place in years 1959 -1974. Three basic standpoints were represented in legal writing at that time. Most writers supported the conception of equality of directives provided for in Art. 50 § 1 of the Penal Code (among others I. Andrejew, Z. Kaczmarek, Z. Kubec, J. Majewski, W. Swida, J. Sliwowski, Z. Sienkiewicz). The second group of authors supported the conception of domination of one of the preventive directives, mostly the one of individual crime prevention, over the others (K. Buchała, A. Spotowski, A. Zoll, A. Krukowski). Finally, the third view was for the conception of priority of the directive of social danger. The problems of basic directives of measurement of penalty were again in the focus of interest of legal writing in years 1981 -1982, in connection with amendements to the Penal Code. Most authors were then for the leading role of individual prevention modified by the needs of just requital, or for the equivalent position of both directives (e.g. A. Spotowski, A. Marek, A. Zoll). Almost unanimous was in legal writing the renouncement of the directive of general crime prevention. The two projects of amendments to the Penal Code (a government and a so-called social draft) incorporated the above proposals of changes of Art. 50 § 1 of the Penal Code. In 1988, The Commission for the Penal Law Reform appointed by the Minister of Justice issued Guidelines on the Penal Law Reform. However, the Guidelines were not clear as to the standpoint with respect to changes of Art. 50 of the Penal Code. The above Guidelines were also analysed by the Scientific Society of Penal Law. The opinion of that organization stated that the measurement of penalty should include two aims: the satisfaction of social sense of justice through the severity of penalty commensurate with the degree of guilt, and individual crime prevention directed towards resocialization. In case of conflict of those two directives, priority should be given to individual crime prevention, with the exception of fellonies. The author is fully in support for the standpoint expressed in the Opinion of the Scientific Society of Penal Law.Item Zarządzanie sferą usług produkcyjnych dla rolnictwa indywidualnego w nowych warunkach ekonomicznych(Wydział Prawa i Administracji UAM, 1989) Wojciechowska-Ratajczak, BogumiłaThe article is focused on the problems of economic conditions and directions of changes in the system of managing the sphere of production services for individual farming. The results are the outcome of inference verified empirically by the experience of Polish agriculture between 1970 - 1987. The results of the analysis confirmed a decrease in the role of service units, especially farmers cooperative groups, in creating production potential of individual farms. The main reason for the above is the existence in that period of a traditional pattern of activity of those units, the pattern originating from the administrative system of management. The increase in technological and economic maturity of private farms, the transiormation of socialized service units into independent enterprises and the progress in demonopolization of service market are the determinants of changes in the system of managing the sphere of production services for agriculture, Those changes should go in the direction of modifying the model of activity of those units in favour of pre-, post-production and specialists agricultural services on the one hand, and in creating service units which would be differentiated with respect to their types of ownership and their organizational structures on the other. The choice between various organizational forms of services to be implemented at a given time and place should depend on economic considerations onlyItem Z problematyki opłaty skarbowej(Wydział Prawa i Administracji UAM, 1989) Małecki, JerzyStamp duty may be defined as a monetary, obligatory and non-refundable category provided for by the law in exchange for performances of the State towards a given person. Stamp duty differs from taxes in being levied for valuable consideration. The article presents the evolution and evaluation of stamp duty in Polish statutory law. In legal texts as well as in case law the term „stamp duty" is used indiscriminately. Some payments called „stamp duty" are in fact taxes on non-professional or even professional activity. In turn, stamp duties „sensu stricto" appear in cases when they are considerations for particular activities of State organs (e.g. a consideration for examining a case or issuing a decision).Item Zakres funkcji socjalizacyjno-wychowawczej rodziny(Wydział Prawa i Administracji UAM, 1989) Zięba, BożenaThe purpose of this article is to determine the scope of one of more important functions of a family, i.e. the socialization-educational function. Therefore, it was necessary to explain and specify the notions of „function", „socialization" and .,education" as well as to list more important definitions of these notions presented in the literature. Taking into account general considerations on the notion of „function" contained in her article, the author proposes to define „the function of the family" as the totality of the family's activities and consequences of these activities which contribute to carrying out the tasks the family is to fulfil. In turn, the essence and content? of the socialization-educational function is the implementation of the following tasks: 1) transfering and acquiring material and spiritual cultural heritage; 2) transfering and acquiring the native language; 3) determining, transfering and acquring the system of values; 4) determining, transfering and acquiring the means by which the desired values may be achieved and providing motivation for activities; 5) determining, transfering and acquiring the models of behaviours together with the capacity to perform various social roles inside and outside the family; 6) controlling and evaluating behaviours of family members and applying sanctions.Item Teoria kontroli społecznej jako jedna z teorii dewiacji(Wydział Prawa i Administracji UAM, 1989) Rydzewski, PawełThe article contains an attempt to present the achievements of the social control theory as one of the theories of deviation. The social control theory was created by sociologists and criminologists in the USA m the 1950s and 1960s. It was one of the forms of reaction to a drastic increase in crime rates in the USA around that period. Its founders were A. J. Reiss, W. С. Reckless,, D. Matza, J. Toby, F. I. Nye, T. Hirschi. A basic assumption of this theory is that deviation is a natural, spontaneous reaction to the weakening or disappearance of social control. Unlike the socialization theory, the social control theory does not assume the existence of additional deviation norms assimilated through learning. Theer basic types of social control can be distinguished: 1. group control (performed by family, small groups and institutions and based on social norms internalized due to strong emotional ties with the group); 2. system control (performed indirectly by the whole social and culturalsystem; some features of the system may be conductive to the appearance of deviation); 3. personal control (internal control performed by an individual and based on internalized social norms and on some personality traits). Two versions of the social control theory can be distinguished. While a „classic" version is based on the assumption of natural character of deviation, a .,modified" version points to factors motivating towards deviation. The most promising would be a „modified" version that would allow for the influence of the socialization theory. An advantage of the social control theory is the possibility of its wide use in praxis, especially in the form of preventive activities.Item Systemowe uwarunkowania przełomu jakościowego w polityce rolnej(Wydział Prawa i Administracji UAM, 1989) Czyżewski, AndrzejIn this article the reform of relations between towns and villages is treated in terms of economic undertakings aimed at eliminating the hitherto existing income and civilization discrimination of villages and agriculture in comparison with non-agricultural sectors and townspeople. Responsible for the present state of things is the logic of the former economic system with its roots in directive and distributive method of planning and management in non-agricultural sectors. Without understanding and eliminating the systemic causes of that discrimination no economic reform will ever be possible. The reform must in the first place be concerned with relations between the accumulation input of agriculture into the economic development of the country and the mechanism of income allocation in a macro scale. A replica of these relations is the development of corresponding mechanisms of adaptation in the private-sector agriculture. In order for the qualitative change in the present reform to appear, it is indispensable to take into account the essence of the presented interdependencies. They will allow to determine and allocate relatively high costs of production and low productivity in agriculture. Moreover, they will make it possible to eliminate the promotion of the economic development of the country at the expense of preserving the disparity between the development of towns and villages. However, a condition of success is the recognition of the existence of the adaptation servomechanism in relations between private-sector farming and agricultural policy.Item Ordynacje wyborcze do Sejmu X kadencji i Senatu PRL(Wydział Prawa i Administracji UAM, 1989) Smoliński, TadeuszOn April 7, 1988 implementing the Round Table Agreements, the Diet of the Polish People's Republic adopted electoral regulations on elections of the Diet of the Xt h term (1989-1993) and of the Senate. In Poland, elections of the Senate — the second chamber of the parliament — took place for the first time within the last fifty years. Regulations on elections of the Senate often refer to the appropriate provisions of the regulations on elections of the Diet. However, both acts contain many new solutions, of great importance for the democratization of the electoral system, and thus of direct influence on the shape and composition of the first two-chamber parliament in the People's Republic. It was for the first time in Poland since 1952 that electoral regulations made it possible for the opposition to run for the parliament. There is however, a basic difference between the methods of composing the two chambers of the parliament. While the political composition of the Diet, expressed in percentage, was agreed upon before the elections, the elections of the Senate were to be subject to free political play. In every system of elections the composition of the parliament is to a considerable extext conditioned upon the method of putting up candidates. In this respect, it was for the first time in the People's Republic that beside the candidates proposed by legal political parties and social organizations,, there appeared the candidates proposed by a so-called free electorate, i.e. by non-organized citizens domiciled in an electoral district. However, parties and social organizations were in a better situation. In particular, while parties and some catholic associations were free from the duty of confirming the candidatures with signatures of voters, and social and professional all-Polish organizations were allowed to collect their minimum of 3000 signatures to back up their candidate on the whole territory of Poland, free electorate had to collect the minimum of 3000 signatures within their electoral district. It was also for the first time in the Polish People's Republic that citizens elected their representatives from among the unlimited number of candidates. Both electoral regulations were passed within a very short period. Besides, the Round Table Agreements had to be taken into consideration. All this accounts for the fact that the regulations are far from being perfect from the legal point of view. Moreover, in some places they are in obvious contradiction with the Constitution of 1952, adopted in the time of entirely different political, social and economic conditions.Item Sprawozdania i informacje RPEiS 51(4), 1989(Wydział Prawa i Administracji UAM, 1989)Item Wzorzec postaw małżeńskich młodzieży stanu wolnego(Wydział Prawa i Administracji UAM, 1989) Ignatczyk, WalentynaThe article is focused on the pattern of marital attitudes expressed symptomathically by the attitude towards marriage and the planned age of concluding marriage. An attempt to identify the patterns of marital attitudes of 4264 unmarried youths (aged 18 - 34) has been conducted on the basis of empirical material obtained in years 1985 - 1987 from the whole territory of Poland by the random- -quota method. The results indicate that in Polish conditions marriage gains in importance in the (hierarchy of socially accepted values and is generally accepted by the unmarried youths. Marital plans were declared by 94% of youths. A basic determinant of the pattern is the pisychoisociological factor, while demographic factors (age, sex) and the environment only modify its functioning. A peculiarity of the pattern is a high concentration of preferred age of concluding the marriage. Women plan to get married between 20 - 24 years of age, while men between 25 - 29 years of age. It justifies the opinion that in the future the tendency to conclude early marriages will be preserved and that relatively high birth potential will be retained. Among Polish unmarried youths a formal marriage is preferred by 92,7°/o of respondents. It allows to expect a domination of children born in wedlock, a tendency which should be approved. Polish youths wish to live in institutional marriages based on interpersonal relations created by friendship and emotional ties.Item Zagadnienie reformy polskiego systemu podatkowego(Wydział Prawa i Administracji UAM, 1989) Gomułowicz, AndrzejThe Polish tax system reform is to consist — according to initial proposals presented by the government — in adopting two main types of taxation, i.e. initial taxation — in the form of value added tax;, and final taxation — in the form of common income tax. Besides, one cannot exclude other supplementary forms of taxation (local, property and agricultural taxes). The reconstruction of the tax system must not be limited to a narrowly understood financial sphere. On the contrary, it must correspond with the overall conception of development of market mechanisms in Polish economy. It is the starting point, the most important condition of rationalizing economic and social relations. As long as the above condition is not met, the tax system reform will be of isolated character and thus devoid of sense. It seems that the future tax system should in the first place perform income functions. Thus, it would mean that the tax system would evolve towards the tax neutrality conception and that interventionist and stimulative functions would be abondoned. Extra-fiscal functions are the consequence of the centralized control over economic processes exercised by the State. If the market economy system were implemented in Poland, tax interventionism should give way to the principle of tax neutrality. Neutrality of taxation should find its expression in legal construction of the future tax system. Taxes must not hinder the economic development, and must not lead to the elimination or reduction of sources of taxes. They must not make taxpayers give up their economic activity, nor must they weaken the economic potential of taxpayers or lead to their pauperization. In short, the reformers should aim at creating a so-called good and modern tax system in Poland.Item Przegląd piśmiennictwa RPEiS 51(4), 1989(Wydział Prawa i Administracji UAM, 1989)Item O nowy kształt finansów publicznych w Polsce. Zarys koncepcji(Wydział Prawa i Administracji UAM, 1989) Komar, AndrzejThe economic, political and social changes which nowadays take part in Poland are not without effect on a future shape of public finances. The article attempts to sketch a conception of future public finances. The author starts with the assumption that it is indispensable to remodel them in the way which would reflect a limited role of the State in economic and financial processes. According to the author the care of public finances should be the budget, yet its organizational structure should be subject to reforms. The budgets of territorial self-governments should operate along the State budget, with functional ties between those budgets in the form of transfers of payments. Also the tax system needs a reform. In future, its basic elements will be income tax and value added tax. The author devotes much space to the conception of income tax. As to corporate finances, in consequence of retprivatization they should be eliminated from public finances. State enterprises would then operate in the spheres of municipal activity and higher public utility. Reformed in this way, they could be included into State or territorial budgets. The author is of the opinion that only the autonomous central bank, equipped with the monopoly of emission, should be included into public finances. Other banks should be in private or cooperative hands. Insurance companies should also be excluded from public finances. The author suggests that the scope of financial activity of the State and the range of public finances should be reduced to the budget, the taxes and the autonomous central bank.Item Intensywność organizacji produkcji a produktywność ziemi i pracy w rolniczych spółdzielniach produkcyjnych w Polsce(Wydział Prawa i Administracji UAM, 1989) Gołaś, Zbigniew; Wysocki, FeliksThe article presents diversifications in intensity of organization of production in the cooperative sector of Polish agriculture and connections between the level of organization and productive force resources on one hand and the efficiency of economy on the other. The research carried out on the basis of 1987 data indicates that the organization of production in agricultural cooperatives is low, mostly in consequence of insufficient density of livestock. Besides, there exists a relation between the level of intensity of organization on one hand and natural conditions together with the resources of production factors on the other. The analysis of regression showed that a main role in shaping the efficiency of agricultural production in a cooperative, measured by productivity of land labour, is played by the intensity of production expressed in terms of material outlay value. To a lesser degree productivity was influenced by natural conditions and the level of employment. Besides, the intensity of organization is to a considerable extent shaped by price relations between agricultural produce and means of production. In consequence, it leads to giving up the agricultural production in favour of undertaking more profitable activity in non-agricultural sectors.Item Koszty społeczne działalności gospodarczej w teorii ekonomii(Wydział Prawa i Administracji UAM, 1989) Romanow, ZbigniewIn economic processes there usually appear disproportions between the size of available production resources and the extent of social needs. It makes it nesessary not only to calculate outlay and output but also to evaluate properly the loss and reproduction of resources. The article tries to show how over the centuries following the industrial revolution of the end of the XVIII с and then in consequence of scientific and technological revolution in the post-war era the processes of uncontrolled exploitation of natural resources and destruction of natural environment become one of the most important problems of our civilization. The above problem, irrespective of the socio-economic system, has also been in the focus of interest of economists who have been trying to find the ways to neutralize social costs which are an unintended side effects of human economic activity. In order to build the economic mechanism that would ensure the optimum allocation and utilization of production factors, institutional and functional conditions should be created so as to neutralize these costs and make enterprises operate rationally in conditions of competitive market. The above would require democratization of political, social and economic life as well as more efficient participation of citizens in government and economic management.Item Modele przekształceń struktur edukacyjno-zawodowych (próba weryfikacji empirycznej)(Wydział Prawa i Administracji UAM, 1989) Blossfeld, Hans Peter; Szambelańczyk, JanThe article presents models of social structure transformation based on qualificational changes across cohorts and career opportunities within cohorts. Taking these into account four ideal models of society were distinguished: developing by cohort, developing by cohort and expirience, developing by experience and stagnant. Using data-sets from Employee Census carried out in the Province of Poznań in 1983 and Qualificational and Occupational Career Survey in the Federal Republic of Germany from 1979 our models were subject to initial empirical verification. Firstly we compare rates of change in educational and occupational structures across cohorts (dynamic versus static societies). Secondly we analyze occupational opportunities offered to selected cohorts within the labour markets (career-open versus career-closed societies). The empirical analysis provides evidence that in more dynamic societies, such as the FRG, structural changes are rapid and organizational and technological evolution is more often accomplished by recruiting new birth cohorts of labour market entrants then by retraining older cohorts. Therefore, compared to polish data, accession to the labour force in the FRG often is found into the new and growing occupations and we thus found more intercohort changes than intracohort mobility. On the other hand, we find that in more open societies, i.e. societies with less inequality and less hierarchy, such as Poland there are more opportunities for intracohort occupational mobility and less cohort differentiation.Item Kilka uwag o węzłowych problemach strategii strukturalnej gospodarki Polski(Wydział Prawa i Administracji UAM, 1989) Łukawer, EdwardThe process of restructuring the economy must include durable goods, production, investment and foreign trade. In its roots lie not only general factors, i.e. modern developmental challenges, but also specific factors, such as deep economic disproportions aggravated by a socio-economic crisis started in 1980. Basic directions of restructuring the economy are: the development of branches which can promote technological progress, economic balance (including market balance), and pro-export economic orientation. The latter direction is considered to be the most important, for any production which turn out to be competitive on world markets is also efficient on a domestic market. Beside the above-mentioned basic directions, there must also appear supplementary directions of restructuring the economy. Their significance must not be underestimated. To these directions belong restructuring organizational structures as well as restructuring service, social and zoning policy sectors. A key problem is the connection between the restructuring and the economic reform. The latter may and should contribute to the intensification of the former. However, it should be kept in mind that these processes generate conflicts, for they infringe economic positions of hitherto-existing branch and professional structures.Item Mechanizm gospodarki rzeczowej a funkcjonowanie gospodarki pieniężnej(Wydział Prawa i Administracji UAM, 1989) Wilczyńska, KamilaThe reforms carried out nowadays must overcome numerous prejudices connected with the role of money nad market in modern economy. Market mechanism is interpreted as a symbol of anarchy of production, with money as an object of cult. Therefore, it seems necessary to present and arrange basic notions connected with material and monetary economy. The experiences of material economy on one hand and monetary economy on the other point to a clear advantage of the latter in structural and long-term undertakings. Namely inefficiency of material economy leads to shortening the time range of planning and to „ad hoc" decisions forced by circumstances as well as to neglecting the environmental protection and wasteful exploitation of natural resources. At the same time countries with monetary-market economy implement large, long-term infrastructural investment on a scale unheard-of socialist countries. The possibilities of conscious shaping the developmental processes in agreement with social interest do not depend upon the existence of material economy; on the contrary, they require that material economy be overcome. The above does not mean that social character of economy has to be given up.Item Wyposażenie rodzinnych gospodarstw domowych w dobra trwałego użytku(Wydział Prawa i Administracji UAM, 1989) Bednarek, BronisławThe article presents the results of research conducted by the Statistics and Demography Department of the Academy of Economics in Poznań on the variability of level of durable goods in family households. The research was based on household budget data gathered by the Chief Statistical Office. The resarch showed that in the 1980s in Poland there appears the diversification among households as to the number of durable goods. Relatively best equipped are employee households, worse — peasant and peasant-worker households, and the worst — retired persons households. Also spatial diversification in that respect can be observed. The author also attempts to identify the selected factors conditioning the number of durable goods in family households. It was carried out by means of one of linear regression methods (a posteriori elimination procedure). It made it possible to discover numerous demographic and economic regularities in that respect.Item Socjologia miasta w Polsce(Wydział Prawa i Administracji UAM, 1989) Malikowski, MarianThe article is concerned with some aspects and conditions of the present state and prospects of development of the sociology of town in Poland. The reader will find here few comments on particular research trends or the outcome of particular research and more general considerations and evaluations of that sociological subdiscipline made from the contemporary perspective. These evaluations are in general rather critical. Ideological and socio-political conditions of domestic research on town and its social problems have been stressed. The main thesis is that the development of Polish sociology of town needs a definite elimination of all barriers of ideological and political nature (censorship, „taboos", access to some sources, etc.). It also requires more openness and liberalization of scientific policy, e.g. in the sphere of international contacts or as to the need of undertaking research connected with the most pressing social and practical problems of Polish towns. Sociologists who investigate the problems of Polish towns should stay in touch with modern foreign theories and should eventually get rid of some mytfis of ideological nature. Domestic sociology of town needs improvement also in theoretical and methodological planes. Developmental prospects lie in critical analysis, revision and selection as well as in combining and integrating various theoretical and social themes (mostly neomarxist and humanistic). The above would lead to changes in research projects that should more and more often be concerned with municipal policy, planning, municipal social movements, needs and aspirations of townspeople and the possibilities of fulfilling the expectations in town environment i.e. all aspects contributing to the quality of life of townspeople.