重理、重塑、再造与政府改革

重理、重塑与再造是 2 0世纪 90年代以来政府改革中出现的三个重要术语 ,在实践中三者经常被混用。为了对三者有个清晰的认识 ,本文首先从重理、重塑与再造的词源分析入手 ,对三者的内涵进行了概括性的描述 ,并简要论述了三者之间的相互关系 ;然后实证性地论述了三者在政府改革中的实践 ,并指出 :实践有成功的经验 ,也有失败的教训 ,但三者仍将对 2 1世纪的政府改革产生深远的影响     

Cyber conflict and deterrence

As with the strategic adaptation to nuclear weapons, effectively developing the policies, doctrines and plans required to stabilise the deterrence of cyber conflict constitutes a long-term challenge. Although major powers have exercised mutual restraint for fear of precipitating uncontrollable consequences, the self-deterrence arising from strategic ambiguity is too uncertain to be sufficient. Deterrence-by-denial mechanisms remain the most promising active measures, and arms control should be pursued.     

Institutions,governmental performance and the rise of political newcomers

This article analyses the institutional and contextual factors that facilitate the election of political newcomers as heads of government in democratic regimes. Using data from 870 democratic elections between 1945 and 2015, it is found that political newcomers are more likely to be successful in presidential systems, in new democracies and when party systems are weakly institutionalised. The election of politically inexperienced candidates is also related to governmental performance. Political newcomers are more successful when the economic performance of the government is bad and when the government engages in high‐level corruption.     

Liberalism,socialism and democracy: variations on a governmental theme

Liberalism is commonly understood as a political doctrine or ideology concerned with the maximization of individual liberty. However, following Foucault's work on governmentality, a different usage has been suggested, based on the idea of a liberal mode of government. I argue that the differences between these accounts of liberalism derive from a fundamental ambiguity in the liberal project, as a result of which the figure of a community of autonomous individuals appears on the one hand as given reality, serving to identify the character and the limits of legitimate government, while on the other it appears as yet to be realized positivity, serving to define the objective for a variety of governmental projects.

This paper examines the implications of that ambiguity for the understanding first of liberalism as doctrine and second of its relationship to other contemporary doctrines - democracy, socialism and the neo-liberalism in particular. Since the figure of the community of autonomous persons considered as given reality tends to dominate standard characterizations of liberalism as doctrine of government, it also plays an important part in the contrasting characterizations of democracy and socialism. We should expect the view of such a community as artefact to produce a rather different picture.     

网络经济与政府治理创新

网络经济的迅猛发展和深度扩张,无疑将对我国经济和社会的发展产生重大影响。我国要想抓住机遇,摆脱困境,惟一的出路就在于创新。只有通过改进政府治理,广泛开展创新行动,我们才能在新一轮网络经济的竞争与发展中获得相应的收益和位置,才有可能赢得后来居上的竞争利益和发展前景。     

The war on cartels and the social meaning of deterrence

The global war on cartels has had much success in introducing tough sanctions for cartel conduct, such as price fixing and market sharing. The policy rhetoric justifying criminalization assumes that compliance can be induced through deterrence. This, in turn, assumes that business people know about the law, believe that they are likely to be caught and face enforcement action and jail if they break the law, and calculate that they should comply. This paper problematizes these policy assumptions using evidence from a survey of a random sample of Australian business people and in‐depth interviews with 25 cartelists. This paper argues that business people's knowledge about the law is less important than their relationship with (or distance from) the law. Corporate elites see themselves as intimate with the law and, therefore, able to strategically “play” the law; while small business people and managers lower down the corporate hierarchy see themselves as “innocent” of any knowledge of the law. The impact of a policy of increased sanctions for misconduct cannot be understood solely in terms of marginal difference in aggregate levels of deterrence. It must also be understood in terms of how it interacts with people's experience of the law to create and maintain or contest and destabilize social segmentation and inequality.     

权力关系的重构与政府诚信的建构

诚信政府是特定的权力关系的产物。权力关系中存在的诸多问题,影响了政府诚信的建立与维护。然而,三权分立的权力关系模式不宜作为当代中国政府诚信建设的权力关系框架,因此,有必要从三个不同的层次出发,探索当代中国诚信政府所需要的权力关系。     

Incentives for pollution abatement: Regulation,regulatory threats,and non‐governmental pressures

In the last decade, voluntary efforts by firms to reduce their environmental impacts have received increasing attention from both policymakers and scholars. This article discusses polluters' incentives to reduce their releases. In particular, using data from Canada's National Pollutant Release Inventory, it examines the impacts of conventional regulation, threats of regulation, and non‐governmental pressures facilitated by public dissemination of information about pollutant releases. The vast majority of reductions reported to the inventory to date were found not to be voluntary, as has often been assumed, but are, rather, the result of direct regulation of a relatively small number of polluters. Strong effects of federal regulation were found among other sources, as well, with much weaker responses to the mere threat of regulation. However, of concern are the growth of less visible waste streams—such as land disposal and underground injection—as well as transfers of wastes to other communities. Finally, evidence is reported that some waste streams are increasing in toxicity, an effect that may outweigh the benefits of reductions in releases. © 2003 by the Association for Public Policy Analysis and Management.     

对政府能力内涵与结构的再认识

政府能力是指国家行政机关在宪政体制内 ,以自身的素质和权威性建设为基础 ,以公共政策制定和推行为主要手段 ,以资源提取和配置为基本途径 ,以对社会进行综合治理为主要方式 ,以高效履行法定职能为最终目的 ,从而确保国家快速、均衡、持续、健康发展所具有的能力。总体上 ,政府能力由政府对自身的治理能力和对社会的治理能力两大能力系统构成。两大能力系统又可以进一步分为多种能力子系统。     

Fiscal reform and governmental efficiency: Hanging tough

Many surveys of taxpayers in the wake of the fiscal reforms of the 1970's have indicated that frustration with the inefficiency and wastefulness of government is a major motive behind their votes for tax and expenditure limitations. There is a strongly held belief that government can do as much as it is currently doing with much less money. There is also a widespread belief that by reducing the dollar resources available to governments, they will be forced to become less wasteful and more efficient. This paper argues that increased efficiency in local government is an unlikely consequence of the fiscal reform movement. Indeed, lessened efficiency is a more probable outcome.We are indebted to Thomas Anton, Peter deLeon and an anonymous referee for comments on an earlier draft. The authors are, of course, solely responsible for all assertions and any remaining errors.     

中美地方政府改革比较

美国的公共权力结构是多中心的、分散化的多样性模式。中国的公共权力是单一的、全能的层级制。中美地方政府改革既有相同之处,又存在着差异。两国地方政府改革都是在全球经济一体化和激烈的国际竞争背景下所进行的;改革都是为了提升政府能力,适应变化着的社会经济环境,有效地履行其职能;注重政府职能的优化和改革中的创新;都致力于建立一个民主、灵活、高效和廉洁的政府。但两国地方政府改革的差异是明显的,美国地方政府改革对我国地方政府改革具有一定借鉴意义。     

Critiquing Food Security Inter‐governmental Partnership Approaches in Victoria,Australia

Food security is an issue, not only in developing countries but also in developed economies such as Australia where people from vulnerable groups cannot access affordable and appropriate food on a daily basis. Agencies emphasise the need for collaborative approaches to such complex, multi‐sectoral challenges. This article analyses two inter‐governmental partnership approaches facilitating local government's response to food insecurity in 12 municipalities within the state of Victoria. We focus on the partnership approaches to collaboration, processes and structures, and collective outcomes. The comparative data analysis from in‐depth interviews and document analysis of project‐associated materials and municipal policies provides insight into the different partnership approaches. Results suggest that while strategically designed and focused inter‐governmental partnerships can build local government capacity to respond to food security, there are systemic, regulatory, and resource barriers in play. In conclusion, the implications of these findings for future inter‐governmental approaches to address complex challenges are considered.     

Why so few, and why so late? Green parties and the question of governmental participation

Abstract.  Green parties have been represented in the parliaments of European Union countries since 1981, but it was not until recently that a few have entered national governments. Using a data set comprised of 51 government formation opportunities (where the Greens were represented in parliament), the authors of this article show that the parties involved in these bargaining situations are more office-oriented than earlier studies had found. As Green parties are seen to be less office-seeking than other parties, this general tendency for office-seeking behaviour in government formation may partly account for the scarcity of Greens in government. Furthermore, a number of hypotheses derived from theories that account for the specific nature of Green parties in terms of their office-, policy- and vote-seeking orientations are tested. It is found that Greens participate in government when they have lost votes in at least one election, when the main party of the left identifies them as a clear electoral threat and when the policy distance between the Greens and either the formateur party or the main left party is small (the latter condition must be accompanied by a substantial proportion of seats for the Green party in parliament). As most of these simultaneous conditions only materialized recently, and in a few countries, it is argued that this analysis, which is the first comparative and multivariate test focused on this question, explains the scarcity and the delay of Green governmental participation.     

Responsive regulation in public‐private partnerships: Between deterrence and persuasion

Design‐Build‐Finance‐Maintain‐Operate (DBFMO) contracts are a particular type of public‐private partnership whereby governments transfer the responsibility for the design, construction, financing, maintenance, and operation of a public infrastructure or utility service building to a multi‐headed private consortium through a long‐term performance contract. These arrangements present a typical principal‐agent problem because they incorporate a “carrot and stick” approach in which the agent (consortium) has to fulfill the expectations of the principal (procurer). This article deals with a neglected aspect in the literature related to the actual use of “the sticks or sanctions” in DBFMOs and assesses to what extent and under which conditions contract managers adopt a deterrence‐based enforcement approach or switch to a persuasion‐based approach, specifically when the contract clauses require the use of (automatic) deterrence. An empirical analysis of four DBFMOs in the Netherlands shows that the continuation of service delivery, the need to build trust, and the lack of agreement on output specifications play a role in the willingness of the procurer to apply a more responsive behavior that uses persuasion, even when deterrence should be automatically applied. © 2016 John Wiley & Sons Australia, Ltd     

浅析中国传统法律文化对当今法制建设的阻碍作用

本文论述了中国传统法律文化的特征及其对我国当前正在进行的社会主义法制建设的阻碍作用。作者指出 ,只有在正确地认识到传统法律文化对法制现代化建设阻碍作用的基础上 ,才能肃清其消极影响 ,顺利地实现社会主义法制的现代化。     

县级政府能力的构成和评估

县级政府是具体治理一个县的广义政府,它能力的状况与县域社会密切相关;县级政府能力由规划发展、制度创新、资源配置、市场规制、提供公共物品、组织协调、社会控制等方面的能力构成;为了准确说明县级政府能力,必须制定评估指标体系,对其进行评估。