Multi-Agency Protocols as a Mechanism to Improve Partnerships in Public Services

This paper discusses and tries to explain the paradoxical observation that a local government reform aimed at reducing or even removing bureaucracy actually leads to more formalisation, not less. During the last 10–15 years more than 40 per cent of Norwegian municipalities have adopted an organisational model that makes the administration more disaggregated, decentralised and flat. The reform has been promoted by strong post- or even anti-bureaucratic rhetoric, arguing for increased managerial autonomy at the operational level. The basic idea is that greater autonomy will create better performance. The paradox of increased formalisation is discussed on the basis of rhetoric, unintended consequences, diagnostic problems and linguistic problems. The paper concludes by pointing out the need for a more nuanced conception of bureaucracy than the dichotomous approach of post-bureaucracy can offer. It also outlines a couple of supplementing explanations for increased formalisation.     

Democratic agency in the local political sphere. Reflections on inclusion in Bolivia

Numerous arguments have been advanced in the academic and policy literature as concerns the democratizing potential of decentralization reforms in third-wave developing and transition countries; numerous also have been the case studies signalling the short-comings of these reforms. In addition, analysis of local political participation has become an important dimension of studies of democratization. Taking the case of Bolivia as an example, this article addresses an issue which has been generally overlooked in this literature, that is the process of constitution of local political agents. Where do political agents come from in the context of democratization of local politics? Additionally, this article raises questions regarding the relationship between greater inclusion and deepening democracy in the local political sphere.     

发展和规范社会组织——以广东省为例

2000年以来,广东省社会组织发展迅速,社会作用不断增强,逐步成为促进经济社会发展的一支重要力量,但仍处于初级发展阶段,在思想观念、体制机制、配套政策、法制建设以及人员素质等方面还存在许多亟待解决的问题。本文通过深入调研,全面回顾了近年来广东省社会组织发展情况,客观分析了其存在问题,在此基础上对发展和规范广东省社会组织的目标模式进行了探索。     

Mobility among Pentecostal pastors and migratory “miracles”

Taking into account space and identity in the movements of transnational religious actors, this article is engaged in reframing and reinterpreting experience by investigating the articulation of migratory and religious experiences as expressed by the pastors of four different Brussels-based Pentecostal congregations. The analysis of pastors' narratives, as they reassess the circumstances that brought them from Sub-Saharan Africa or Latin America to Belgium, reveals an interwoven process of geographical shifts and “divine” actions: this offers us an opportunity to consider an implied double process of mobility and religion. On the one hand, we can see how Pentecostalism transforms and subverts their immigrant experience by allowing for an alternate narrative of this experience. On the other hand, we can analyse the effect of the migratory experience on the discourse and religious practices in the new social context, more particularly through the identification of such “Children of God” with missionary duties towards their fellow immigrants. An analysis of the pastors' narratives also offers a particularly relevant opportunity to question the tensions between processes of endogenous identification (missionaries elected by God and working towards the extension of his “kingdom”) and exogenous assignment, repeated associations of otherness and strangeness, and the stigma coupled with pejorative characterizations of the “migrant”.     

电信管制的司法介入研究

目前我国电信管制领域的案件少有进入司法程序的,明显存在排斥司法介入的情形,主要原因在于电信管制机构非中立的管制者有意扩大管制范围,电信代理问题广泛存在,法院有意缩小司法管辖范围等。境外电信管制领域的司法介入早己存在,借助司法介入机制是各国电信管制机构维护、保证和提升管制能力的一种趋势。今后我国关键要建立真正独立的电信管制机构,并通过电信立法明确其法律地位和职权范围,破除电信代理问题,引入司法介入机制,提高法院在电信管制中的影响力,促使电信管制机构依法行政,维护电信市场公平竞争和电信消费者的合法权益。     

团体保险中的“代理”规则与“通知——损害”规则——以美国两则典型判例为中心

团体保险不同于普通人身保险之处就在于被保险人的多数性,故在团体保险中必须创制合理的制度保护被保险人的合法权益。从美国两个典型的判例产生的"代理"规则和"通知—损害"规则的分析中,我们可以得出团体保险中这两个规则适用的许多启示。     

Beyond opportunism: Intermediary loyalty in regulation and governance

Regulators and other governors rely on intermediaries to set and implement policies and to regulate targets. Existing literatures focus heavily on intermediaries of a single type – Opportunists, motivated solely by self-interest. But intermediaries can also be motivated by different types of loyalty: to leaders (Vassals), to policies (Zealots), or to institutions (Mandarins). While all three types of loyalists are resistant to the traditional problems of opportunism (slacking and capture), each brings pathologies of its own. We explain the behavioral logic of each type of loyalty and analyze the risks and rewards of different intermediary loyalties – both for governors and for the public interest. We illustrate our claims with examples drawn from many different realms of regulation and governance.     

融贯民商:职务代理的构造逻辑与规范表达  ——《民法总则》第170条释评

职务代理是一项传统的商事代理制度。职务代理权源于被代理人的意定授权，但其范围和类型受到法律规定的限制，被代理人承受职务代理行为的效果是法律规定的结果。我国《民法总则》第170条系以民商合一理念为指导，首次在民法典总则编中明确规定了职务代理规范。在制度功能上，该规范有助于统一司法裁判。但基于职务代理制度的商事属性，该条第1款的适用范围需被限缩，与职务代理有关的商事登记制度还需完善，职务代理权类型还需细化。同时，该条第2款是职务代理制度的特殊规范，适用时应注意它与表见代理和普通无权代理的区分。未来可在《商法通则》中通过建构统一的商事登记规范和对职务代理权的类型化处理，完善职务代理制度。     

Reflections on Iranian revolution of 1979: rise of subjectivity and citizenship

Iranian revolution of 1979 seems to be one of the most enigmatic events of the twentieth century. This paper attempts to shed light on this enigma by reflecting on the social processes that have been at work in Iran since early twentieth century. Beginning in that era, Iran embarked upon a process of modernization that involved the creation of a complex consisting of modern military, bureaucracy, and educational systems. This complex was instrumental in creating a rudimentary form of agency among different classes and strata in Iran which gradually engendered the potential for revolutionary action among large segments of society. Yet this rudimentary form of agency – what in the paper is referred to as ‘inchoate agentification’ – was only up to the level of revolutionary ethos, lacking the capacity to create fully democratic institutions. As a result of the mass participation in the revolution and the total war with Iraq that lasted for eight years, the process of agentification in Iran entered a new phase in which increasing number of people seem to have developed a more mature form of agency and subjectivity – in fact inter-subjectivity – that could explain the demand for rights and freedoms of citizenship in that country as is manifested in the Green Movement since 2009.     

我国合同法与外贸代理制的完善

我国市场经济法律制度的不健全及不完善,使得外贸代理制的推行遇到了障碍。我国《合同法》的颁布实施有效地解决了这一问题。