中国乡村公共治理研究报告（1998-2008）——以CSSCI检索论文与主要著作为研究对象

长时间的"城乡分治,一国两策"使得城市和乡村成为中国公共治理及其学术研究的两个必然横截面。城市和乡村成为中国地方治理与公共管理实践的两个不同范本,但乡村治理远比城市社区治理多样而复杂,因而乡村治理的研究也更富有吸引力和挑战性。在分析乡村公共治理研究的学术演进的基础上,以1998至2008年间的CSSCI检索论文与主要论著为研究对象,多学科揭示乡村治理研究的基本论域、主要内容与发展趋势,从而展现十年来中国乡村公共治理研究的思维场域与学术景观。乡土中国的"学术井喷"成了最近十年来中国的学界盛景,反映出国家政策变迁过程中的学术张力以及问题意识、底层关怀和公共精神的弘扬,同时亦隐喻着地方治理中"乡村问题"的持续性逻辑。在新农村建设的政策语境下,中国乡村公共治理研究的学术盘点、理论推进与实践指导值得进一步诠释和深入。     

Civil Society and the Legitimation of Global Governance

Abstract

This article assesses in what ways and to what degrees civil society activities have advanced the legitimacy of global governance institutions. It is argued that these citizen initiatives have often enhanced the democratic, legal, moral and technical standing of regulatory agencies with planetary constituencies and jurisdictions. However, these benefits do not flow automatically from civil society mobilizations and on the whole are much less extensive than they could be. With a view to greater realization of the potential contributions to legitimacy, the article elaborates recommendations for more, more inclusive, more competent, more coordinated, and more accountable engagement of global governance by civil society organizations.     

Transition Management for Sustainable Development: A Prescriptive,Complexity‐Based Governance Framework

This article introduces transition management as a new governance approach for sustainable development. Sustainable development is used here as a common notion referring to those persistent problems in (Western industrialized) societies that can only be dealt with on the very long term (decades or more) through specific types of network and decision‐making processes. Based on interdisciplinary research into complex processes of long term, structural change in society, basic tenets for complexity‐based governance are formulated. These tenets are translated into a framework that distinguishes between four different types of governance activities and their respective roles in societal transitions. This framework can be used for implementation of governance strategies and instruments. The approach and framework have been developed deductively and inductively in the Netherlands since 2000. This article presents the theoretical basis of transition management and will be illustrated by examples from transition management practice, especially the Dutch national energy transition program.     

Transparency as transparagency—New “meaning” for new contexts

A literature review was undertaken to find how transparency is connected to different models of governance. This paper addresses transparency in a wider sense than usual and claims its recognition from the systemic point of view. With this goal in mind, Wittgenstein's language games were used to show that transparency means what practice shows it is to regain its meaning in the never‐ending circle. On this basis, a new notion of transparency is proposed: transparagency, which connects knowing, understanding, acting, and evaluating under a new umbrella term. On the basis of Google Trends, the paper exposes a link between transparency and freedom of expression that is contrary to common understanding—Transparency is ensured more when people talk about it less.     

Uniformity as response to soft law: Evidence from compliance and non‐compliance with the Dutch corporate governance code

The objective of the paper is to examine how firms have dealt with the trade‐off between flexibility and uncertainty that is characteristic for the decision‐making of firms in coping with self‐regulatory initiatives in general and the comply‐or‐explain principle in corporate governance in particular. Using unique data for 126 listed Dutch firms, we find that firms respond to this self‐regulatory initiative by largely complying with the code recommendation, possibly out of fear that the firm's reputation may be damaged. Furthermore, we find evidence suggesting that firms confine themselves to adopting a specific set of code recommendations and use similar arguments to explain non‐compliance. Our findings indicate uniformity in adopting the standard of good governance which is not in line with the logic of corporate governance codes and casts doubt on the effectiveness of this form of soft law. Overall, the paper's findings indicate that more restrictive (regulatory) instruments may be necessary to make firms conform to the spirit of codes.     

When experimentalist governance meets science‐based regulations; the case of food safety regulations

This paper examines a central regulatory mechanism that shapes food economies. Food safety regulations in the United States rely on a science‐based transnational regulatory system known as Hazard Analysis and Critical Control Point (HACCP), which bears central features of what Sabel and Zeitlin identified as experimentalist governance: a new form of regulation that is flexible, responsive, and involves stakeholders in iterative and direct democratic deliberation. The core theoretical question the paper examines is what the reliance on science means for the promise of an experimentalist policy regime to enable a new form of democratic politics. Based on a case study of the HACCP system implemented by the US Department of Agriculture's Food Safety and Inspection Service since the late 1990s, HACCP's reliance on food science has acted as an effective divider between producers who were able to take advantage of the system's flexibility and others for whom this was challenging. There is clear evidence that HACCP posed a disproportionate burden on small processors and that some of them were unable to adapt to the requirements of the regulatory system. In so far as the HACCP‐based food safety regulations delineated the kind of producer that thrived in the system and contributed to the demise of another set of producers, the regulatory system shaped market outcomes.     

Agenda‐Setting at the Energy‐Water Nexus: Constructing and Maintaining a Policy Monopoly in U.S. Hydraulic Fracturing Regulation

Despite calls to increase federal oversight of hydraulic fracturing (HF), the U.S. Congress has maintained a regulatory system in which environmental regulatory authority is devolved to the states. We argue that this system is characterized by a long‐standing “policy monopoly”: a form of stability in policy agenda‐setting in which a specific manner of framing and regulating a policy issue becomes hegemonic. Integrating theories on agenda‐setting and environmental discourse analysis, we develop a nuanced conceptualization of policy monopoly that emphasizes the significance of regulatory history, public perceptions, industry–government relations, and environmental “storylines.” We evaluate how a policy monopoly in U.S. HF regulation has been constructed and maintained through a historical analysis of oil and gas regulation and a discourse analysis of eleven select congressional energy committee hearings. This research extends scholarship on agenda‐setting by better illuminating the importance of political economic and geographic factors shaping regulatory agendas and outcomes.     

The parable of the poisoned pork: Network governance and the 2008 Irish pork dioxin contamination

The 2008 contamination of Irish pork with dioxins was one of the most significant recent food safety incidents in the European Union (EU). While the contamination posed no real risk to public health, it tested the efficacy of EU food safety regulation and governance which has been considerably overhauled in the past decade. The exchange of risk information through networks of regulators is an important element of the EU food safety risk management framework. Networks are a much‐lauded form of new governance, though they are not without their problems. In this paper, we address the question of why governance networks can fail. We examine this issues using the case study of the 2008 Irish dioxin contamination and explore the reason for the failure to make more substantial use of networks in the governance of that incident. We hypothesize that the reason for such failure may be found in three inherent tensions which exist in the design and management of networks, namely flexibility/stability, inclusiveness/efficiency, and internal/external legitimacy. The paper concludes that by ensuring the external legitimacy of the EU's Rapid Alert System for Feed and Food (RASFF) through increased transparency of communications, the design of RASFF has stifled its internal legitimacy with regard to certain types of important information exchanges.     

行将勃兴的"治理绩效管理"潮流——基于第三次明诺布鲁克会议的预测

在行政学120多年发展过程中出现的各种不同学派的争鸣，仅仅是在不同时期管理主题变动下研究潮流的变迁。在新的管理主题下，一种新的行政学研究潮流正在酝酿。我们在统计分析第三次明诺布鲁克会议资料的基础上预测了行将勃兴的研究潮流将会是“治理绩效管理”。同时，我们大胆预测，该潮流的8个重点研究主题将会是参与式治理、治理管理、治理绩效评估、超越行政管辖范围的治理、公共与非赢利组织治理、民主治理、治理工具和IT与网络治理，并据此建议我国行政学首先需要加强这8个方面的研究。     

The challenge of accountability in complex regulatory networks: The case of the Deepwater Horizon oil spill

A puzzle that faces public administrators within regulatory governance networks is how to balance the need for democratic accountability while increasingly facing demands from elected officials to optimize oversight of industry by utilizing the expertise of the private sector in developing risk‐based standards for compliance. The shift from traditional command and control oversight to process oriented regulatory regimes has been most pronounced in highly complex industries, such as aviation and deepwater oil drilling, where the intricate and technical nature of operations necessitates risk‐based regulatory networks based largely on voluntary compliance with mutually agreed upon standards. The question addressed in this paper is how the shift to process oriented regimes affects the trade‐offs between democratic, market, and administrative accountability frames, and what factors determine the dominant accountability frame within the network. Using post‐incident document analysis, this paper provides a case study of regulatory oversight of the deepwater oil drilling industry prior to the explosion of the Deepwater Horizon rig in the Gulf of Mexico, to explore how the shift to a more networked risk‐based regulatory regime affects the trade‐offs and dominant accountability frames within the network. The results of this study indicate that a reliance on market‐based accountability mechanisms, along with the lack of a fully implemented process‐oriented regulatory regime, led to the largest oil spill in US history.     

Multi‐Sited Governance of Large‐Scale Land Acquisitions: Mapping and Evaluating the Terrain

Recent spikes in commodity prices, the growing appetite for primary commodities among emerging economies, growing interest in biofuels and speculations over future returns to land and its products have led to a renewed interest in farmland in the global South. With highly publicized risks and polarized “win‐lose” narratives, so‐called “land grabbing” has become an important focus of transnational governance activity. In juxtaposition to those seeing large‐scale land acquisitions as inherently risky or undesirable, some argue for the potential opportunities they engender—provided risks can be mitigated through improved governance. This paper explores this argument through a systematic analysis of the formal features of the multi‐sited governance mechanisms in place to guide agricultural investment and govern its social and environmental effects. The intent is not to discount the importance of informal norms and practices or the so‐called “lived experience of governance,” nor the argument that such land acquisitions are inherently flawed irrespective of the “discipline imposed on them.” Rather, the paper aims to explore the merits of the arguments advanced by the pro‐investment camp, and to explore the extent to which the emerging global governance architecture is set up to deliver on the purported benefits of large‐scale agricultural investment. Results suggest that serious weaknesses in the substantive scope, reach and/or implementation mechanisms in all of the reviewed governance mechanisms pose a serious risk to the likely effectiveness of the emerging governance architecture in minimizing risks and leveraging benefits. Addressing these weaknesses is an obvious first step for bolstering the credibility of those advocating that governance is the solution.     

Assessing the institutionalization of private sustainability governance in a changing coffee sector

The potential of transnational private governance initiatives to constitute effective alternatives to state‐led regulation of global value chains rests on their ability to scale up and become institutionalized in a given sector. This study examines whether such institutionalization has occurred in the coffee sector, the commodity with the most widespread adoption of certified products and over 30 years’ experience of private governance, and tests hypotheses on facilitating and inhibiting conditions. It finds that while norm generation around responsible supply chain management and the organizational institutionalization of standard‐setting bodies is well advanced, the practice of internalizing social and environmental externalities through the routinized production and purchase of higher priced certified goods continues to be questioned by industry actors. Indeed, conditions that favored normative and organizational institutionalization, such as high levels of industry concentration, product differentiation, and deliberative interaction, are shown to represent barriers to the practice‐oriented institutionalization of market‐driven regulatory governance.     

Risk and the limits of governance: Exploring varied patterns of risk‐based governance across Europe

Risk‐based approaches to governance are widely promoted as universally applicable foundations for improving the quality, efficiency, and rationality of governance across policy domains. Premised on the idea that governance cannot eliminate all adverse outcomes, these approaches provide a method for establishing priorities and allocating scarce resources, and, in so doing, rationalise the limits of what governance interventions can, and should, achieve. Yet cursory observation suggests that risk‐based approaches have spread unevenly across countries. Based on a comparison of the UK, France, and Germany, this article explores the ways in which, and why, such approaches have “colonised” governance regimes in the UK, but have had much more limited application in France and Germany. We argue that the institutionally patterned adoption of risk‐based governance across these three countries is related to how entrenched governance norms and accountability structures within their national polities handle both the identification and acceptance of adverse governance outcomes.     

Coming to grips with corporate governance in local government

Local government, the tier of government closest to the people, provides services and infrastructure which impact daily on the well‐being of local communities. Despite the Australian state‐based regulatory framework, governance dysfunction regularly results in dismissal of councils. This paper seeks to gain an insight into what is understood by corporate governance at the local government level, an area not addressed in previous research. The methodology was a case study of one local municipality in Tasmania using explanatory sequential mixed methods. Findings revealed a narrow compliance‐based understanding, with effective accountability strategies not included in that understanding. Diverse information sources, such as previous employment experience and industry‐based training, led to embedded beliefs about the meaning of corporate governance which were not necessarily shared by all. This study has implications for state governments seeking to find long‐term solutions for dysfunctional councils, and to bring about positive change.     

Intermediary roles in regulatory programs: Toward a role‐based framework

This paper develops a role‐based framework of intermediaries in regulatory programs. In examining the types of roles that organizations adopt in regulation and governance, we argue that roles have important implications for understanding organizational and program level dynamism and outcomes. We use the Regulator–Intermediary–rule‐Taker framework to describe how organizational roles can be adopted through assignment, appropriation, or promotion. We then go deeper into how intermediaries adopt a variety of different roles in key regulatory programs. We examine generic intermediary roles across programs that involve four main groups of activities: creating and/or organizing, coordinating between programs, supporting implementation, and voicing an opinion. All in all, our role‐based framework allows for a novel relational way to understand interorganizational and institutional dynamism in complex, interactive, and ever‐changing regulatory regimes.     

The Club Rules in Global Financial Governance

Though the list of reforms following the onset of the financial crisis is long, we should resist the temptation to view the emerging regulatory framework in terms of a paradigm shift. Many key features of the system, including the privileged position of financial institutions, remain unchanged. This is not merely due to obstruction or capacity shortcomings but can be explained by considering the sources of ideas and the governance setting. Ideas and policy programmes for reform were generated by a policy community also responsible for shaping the pre‐crisis governance framework. Moreover, the ideas and preferences of these players are moulded by their transnational interactions and the club‐like mechanisms in place for determining what (and who) is to be included in discussions. These settings have produced policy programmes that helped address the immediate, ‘fast‐burning’ elements of the crisis, but have so far failed to put together a comprehensive reform programme.     

Engineering the Northern Bohemian: Local Cultural Policies and Governance in the Creative City Era

This paper addresses the transformations of local cultural governance following the popularisation of the creative city thesis. While the economic impact of the arts in urban settings has been a topic of great interest in recent years and an amply documented theme, little is known about the consequence of such development knowledge and practice on the local cultural policy arena where it takes roots. Moreover, given the popularity and the enthusiasm for such strategies within municipal governments, we have seen a growing tendency to implement the creative city strategy and to formulate cultural policies that follow it in rural and smaller communities which are quite different from the more extensively documented urban and metropolitan cases. Through case studies of three cities in Northern Ontario (Canada), we can identify a number of changes in cultural governance and policy logics. Overall, the creative city narrative appears to be detrimental to typical arts advocacy in smaller communities since it leads to the domestication of the arts.     

Deliberative participatory budgeting: A case study of Zeguo Town in China

The search for a better practice instrument of civic engagement has led to participatory budgeting and deliberative polling in recent years. Participatory budgeting stresses empowerment and citizens' struggle against the establishment and unequal social structures, whereas deliberative polling works within the system and focuses on improving democratic decision‐making processes by applying credible social science methods. Often, these two processes are presented as being in conflict with each other, which is to the detriment of the search for best practice in deliberative governance. This paper develops a theoretical analysis of deliberative participatory budgeting which is distinguished from unrepresentative and non‐deliberative but self‐selected participatory budgeting; that is, it considers how the quality of participatory budgeting can be improved through deliberative polling. This theoretical analysis is backed by an empirical study of deliberative participatory budgeting in Zeguo Township, Zhejiang Province, China. It explores whether, how, and under what conditions it is possible to combine deliberative polling and participatory budgeting. It details four experiments and assesses the successes, failures, limitations, and problems of the experiments. The case of Zeguo offers scholars, activists, and officials lessons about how to pursue best deliberative practice in both authoritarian states and democratic societies.     

The unstable core of global finance: Contingent valuation and governance of international accounting standards

Accounting standards are the foundations of the financial regulatory edifice, and global financial governance is no more stable than the asset valuations that feed it. Yet for two decades and up to this day, no international accounting rule for financial instruments – the bulk of banks' balance sheets – has emerged that was more than a temporary fix, to be succeeded by further reforms. We show how banking regulators have been central to this dynamic and how their support for applying fair value accounting to financial instruments, the cornerstone of regulatory debate, has oscillated throughout the whole period. The two common international political economy approaches to global financial governance, which analyze it either as interest‐based bargaining or as ideas‐driven expert governance, fail to account for this pattern. In contrast, we show how the contingency of financial valuations itself has made it impossible for regulators to embrace or reject a stable set of accounting rules.