理事会能够提升社会组织绩效? ——基于全国691家社会服务类组织的实证研究

【问题】社会组织内部治理是其有序、有效参与社会治理的基本前提。针对社会组织内部治理的实证研究并不多,且存在中观与宏观割裂的问题。社会组织内部治理机制究竟如何,内部治理主体多大程度上影响组织目标达成,又如何受到宏观制度环境的影响?【方法】论文使用稳健回归分析数据。数据来自于2019年实施的全国性社会服务类组织调查,该数据采用简单随机抽样方法,涵盖56个规模不等的城市。【发现】(1)理事会治理能力与治理表现既能影响社会组织的财务指标,也显著影响其公共输出。(2)制度环境能够显著调节理事会与组织绩效间的关系。在支持性制度环境中,理事会治理能力、治理表现对组织财务指标和公共输出影响效应被强化。在消极制度环境下,组织自身的成长韧性可能是一种重要的替代机制。【贡献】即使成长于“强制性制度变迁”背景下的社会组织,内部治理结构仍然具备组织共性,核心治理主体能够显著影响组织绩效,尽管这种自主性受到宏观制度环境的塑造。这质疑了关于中国社会组织内部治理结构缺乏规范性、理事会形同虚设的研究结论,也为“依附式”自主这一概念提供了经验支持,增进国家与社会组织关系的整体性理解。     

Maintaining legitimacy using external communication strategies: An analysis of police-media relations

Police organizations must strategically control their external environment in order to maintain organizational legitimacy. Exploiting their relationship with the news media is one way to accomplish this goal effectively. Despite the documented importance of crime, justice, and social control as a news topic, there is a limited understanding of the variables driving how police and media evaluate this relationship. This study used data collected from a national sample of police media personnel to fill this gap, and concluded that the police and media valued their interdependent relationship, but for different reasons. Police public information officers recognize the power of the media and attempt to use this power to promote the organization. News personnel are satisfied because the police provide data so they can easily produce crime stories. The implications for understanding how police organizations control their external organization are discussed.     

Insider Cyber-threats: Problems and Perspectives

In many jurisdictions, the issues concerning computer misuse have, in the main, tended to concentrate upon the increasing threats from outside the organization, whilst largely ignoring the threats posed to the organization by the insider. This research note will focus on the broader issue of the threats, and the dilemma posed, to the organization by insiders as well as the legal challenges that insiders present to the courts. It will review how the courts have tended to protect computer owners or employer organizations against the insiders, despite their own misconception over what constitutes unauthorized access, as envisaged by the Computer Misuse Act 1990. This focus upon the insider threat is particularly useful in understanding how the interpretation of computer misuse within organizations can be mediated through the notion of opportunity. On the one hand, the electronic office provides insiders with ample opportunities to threaten their employer organizations. Yet on the other hand, the availability of technology in the work environment suggests that increasingly surveillance and control of employees are no longer a distant possibility.     

Legal audits and investigations: a key component of healthcare corporate compliance programs

In today's complex legal environment, healthcare organizations are increasingly implementing voluntary compliance programs as a means of avoiding severe penalties for violations of the law. The Office of the Inspector General has identified legal audits and investigations as key components of effective compliance programs. The author demonstrates the applicability of legal audits and investigations to healthcare organizations by examining the audit and investigation process from beginning to end. The author also examines the role of attorneys in legal audits and investigations, and explains how information communicated from the healthcare organization to its attorneys can be protected from disclosure. As this Article indicates, the monetary and human resource costs of such compliance audits and investigations are insignificant when compared to the potential costs of defending a legal action or paying monetary penalties.     

Distributing Responsibility for Wrongdoing Inside Corporate Hierarchies: Public Judgments in Three Societies

The decision rules individuals use to judge wrongdoing committed inside corporations and other hierarchical organizations are not well understood. We explore this issue by asking random samples of individuals in Moscow, Tokyo, and Washington, D. C., to respond to four short vignettes describing acts of wrongdoing by people in corporations. The vignettes are experiments that manipulate the actor's mental state, the actor's position in the organization, and whether the actor's decision was influenced by others in the organization. We examine (1) the distribution of responsibility among people in the organization, (2) how individual responsibility affects the attribution of responsibility to the organization itself, and (3) cross-national differences in attributions. We find that both what the actors did (their deeds) and the position they occupied (their roles) significantly influence the responsibility attributed to them. The responsibility attributed to the organizations themselves is a function of the responsibility attributed to the actors inside the organization, but not a function of the independent variables in the experiments. Cross-national differences emerge with respect to the responsibility assigned both to individuals and to the organizations themselves. We discuss implications of these results for past and future work.     

VOLUNTARY ORGANIZATIONS AND NEIGHBORHOOD CRIME: A DYNAMIC PERSPECTIVE*

Although numerous theories suggest that voluntary organizations contribute to lower crime rates in neighborhoods, the evidence for this proposition is weak. Consequently, we propose a dynamic perspective for understanding the relationship between voluntary organizations and neighborhood crime that involves longitudinal analyses and the measurement of the age of organizations. By using longitudinal data on a sample of census blocks (N = 87,641) located across 10 cities, we test the relationship between age‐graded measures of different types of voluntary organizations and neighborhood crime rates. We use fixed‐effects negative binomial regression models that focus on change within neighborhoods of the relationship between voluntary organizations and neighborhood crime. Our results show that although each type of voluntary organization is found to exhibit crime‐reducing behavior in neighborhoods, we find that many of them are consistent with what we refer to as the “delayed impact scenario”—there is a pronounced delay between the placement of a voluntary organization and a neighborhood subsequently experiencing a reduction in crime. With protective effects of organizations typically not demonstrated until several years after being in the neighborhood, these patterns suggest a need for long‐term investment strategies when examining organizations.     

论仲裁机构的管理文化

在国际范围内兴起ADR运动之际,我国国内仲裁机构也正纷纷进行改革、改制以求发展。但是,仲裁机构管理文化的缺位却成为困扰我国仲裁机构完成实质性转型的重要原因。企业文化是企业的核心精神和深层动力,它对仲裁机构的管理非常有借鉴意义。笔者结合仲裁机构本身的角色定位,引入企业文化的概念,提出了在仲裁机构内部构筑仲裁机构管理文化的相关建议。     

Maturity levels for criminal organizations

Maturity models have been used widely in organizational research. These models describe the possible evolution of an organization over time. In this paper, a four-stage maturity model for criminal organizations is conceptually introduced. The maturity levels are activity-based, knowledge-based, strategy-based, and value-based criminal organizations, respectively. This model may prove helpful for law enforcement agencies as they try to understand how criminal organizations work to fight organized crime.     

It’s a Man’s World,Try to Convince the Men Otherwise: The Role of Women in Irish Policing

Police organizations are historically and predominantly male organizations; as such, the purpose of this study is to examine the role of women in Irish policing. The literature review will analyze gender-specific organizational literature, focused on the United States. Theoretical components include biological determination and social constructivism in the policing context. The study is conducted through qualitative interviews and thematic analysis of 10 current and former Gardaí in Ireland. This study empirically contributes to how the organization views gender and how those differences are institutionalized in that Gardaí are treated differently based on their gender.     

基于企业内在生态的学习型组织模型研究

在开放动态的环境中,企业不仅要构建组织与环境的外在生态,而且还要处理组织内部要素之间的内在生态问题。在创建学习型组织过程中,企业需要在组织主体、组织空间和组织时间上实现内在生态化,分别形成学习主体模式、学习运行模式和学习发展模式,从而构成基于企业内在生态的学习型组织模型。     

黑社会性质组织犯罪及司法认定的若干问题

成立黑社会性质组织 ,应当同时具备组织结构特征、经济实力特征、暴力行为特征、非法控制特征等四个特征。科学地界定黑社会性质组织的内涵 ,明确黑社会性质组织与其他相关犯罪组织 (如 ,黑社会组织、犯罪集团、恶势力、恐怖活动组织等 )之间的界限 ,按照犯罪构成的要求 ,在司法实践中 ,才能准确认定黑社会性质组织犯罪 ,对此罪与彼罪以及定罪与处罚等问题作出正确地裁量     

社会组织建设中的政府作用探析——以吉林省为视角

社会组织建设是党的十七大提出的一项重要任务。社会组织的建设与发展离不开政府在多方面发挥作用。本文以吉林省为视角,从社会组织建设过程中发挥政府作用的紧迫性及现实性入手,论述了现阶段社会组织建设中的政府作用应该体现在哪些方面及如何体现的问题,以期为吉林省社会组织的建设与发展提供借鉴与参考。     

基于网络化治理理论考量“官办”学会困境消解的对策

学会的挂靠体制由来已久。随着经济体制和行政体制改革的深化,挂靠体制不适应市场经济发展的弊端日益显现。虽然国家已适时取消了学会必须有挂靠单位的硬限制,但由于历史原因,目前绝大多数学会仍然有挂靠单位,而且还必须依靠挂靠单位的支持开展活动,其中挂靠在政府机关的学会俗称＂官办＂学会。如今,学会的凝聚力、影响力在一定程度上受阻,主要表现在：学术权威性不够,服务能力不强,组织建设弱化,管理水平较低,经费来源缺乏等。本文以网络化治理理论分析学会目前存在问题的原因,提出消解困境的对策,以供学会管理单位参度。     

The devil lies in the definition: competing approaches to fossil fuel subsidies at the IMF and the OECD

Fossil fuel subsidy reform has in recent years been addressed by international economic organizations including the International Monetary Fund (IMF) and the Organisation for Economic Co-operation and Development (OECD). The two organizations have differed significantly in how they define fossil fuel subsidies. The IMF’s definition constitutes a radical break with previous definitions by including environmental externalities, while the OECD’s is more conventional. The article explores the factors that explain why these international economic organizations have approached fossil fuel subsidies so differently. The exact definition of fossil fuel subsidies is contested. Furthermore, fossil fuels subsidies can be framed in ways that emphasize, respectively, their macroeconomic, fiscal, environmental, and distributive consequences. The article finds that institutional interaction lifted OECD involvement in fossil fuel subsidies to a new level, whereas the impetus to address fossil fuel subsidies within the IMF came largely from the IMF staff. In both cases, the organization’s bureaucracy constituted the most important factor shaping how the organizations addressed such subsidies and hence the main reason why they differ in how they approach fossil fuel subsidies.     

对构建行政公益诉讼之可行性探究

传统的行政诉讼只允许与本案有直接利害关系的人提起诉讼。当行政机关的违法行为或消极的不作为危及社会公共利益时。有关的社会主体便无法通过司法手段监督行政机关的行政行为。维护社会公共利益。公共利益是由个体利益所构成，若对受损的公共利益没有人去关注。那么，个体的利益受到威胁自然难免，而更重要的是等于对行政机关的这种违法行为坐视不管，放任自流。通过构建行政公益诉讼。赋予相关的社会主体提起行政公益诉讼的原告资格，既解决了公共利益受损的问题，又监督了行政机关行政权力行使的合法与否的问题，在目前既是可行的，又是必要的。     

Removing fuel subsidies: How can international organizations support national policy reforms?

This article investigates how international organizations can support fuel subsidy reform. Departing from earlier studies, we focus on the ability of international organizations to assist national governments directly in the enactment and implementation of national reforms. While international organizations lack the capacity to directly enforce policy or force countries to abolish subsidies, they can increase the cost of reform reversal by governments that have a preference for reform but worry about the credibility and durability of their reforms. Moreover, international organizations can support learning from peers. In practice, governments interested in subsidy reform can announce a public commitment and submit progress reports to peer review by other countries under the auspices of an international organization. We characterize the institutional design of international organizations for success, discuss the role of the civil society in the process, and offer short illustrations from recent efforts by international organizations to promote fuel subsidy reform.     

非营利性组织的营利行为有效性判断

在非营性利组织的营利行为日渐普遍的情况之下,司法实践必将面临对各种营利行为的有效性判断。从平衡非营利性组织营利行为所带来的利弊这一角度,可以分主体、内容、目的三个层次对非营利性组织营利行为的有效性进行判断。为适应社会团体等组织现实的发展需要,还应建立附条件许可的立法模式,使法律上的判断更具可操作性。     

推进农村合作经营体制发展的对策——对通化市农村合作经营组织的调查研究

当前,建设社会主义新农村已成为一项战略任务,而完善农村合作经营体制是新农村建设的必然选择。通化市农村专业合作经营组织主要有能人带动、部门领办、龙头企业、农民自发和社区消费五种类型。但是,在这一组织中存在成长缓慢,思想认识不足,法律地位缺失,外部环境不佳,内部机制不完善等因素,阻碍了其进一步发展。因此,只有强化思想认识,推动立法进程,落实扶持政策,加强合作组织自身管理,才能在新形势下完善农村合作经营体制,加快新农村建设的步伐。     

The Evolution of the CPC’s Conception of Association and Regulation of Social Organizations in China

Freedom of association and all institutions coming with it have not been accepted by the Chinese government. Instead, Chinese social organization administration is based upon the concept of association held by the Communist Party of China (CPC). The Chinese government had adopted a “total control” model of social organization administration in the era of totalitarianism before the “Opening-up and Reform”, leaving almost no room for social organizations to survive, because the CPC had regarded social organizations as “revolutionary” and “deconstructive”. The Chinese has adopted a graduated control system to administrate social organizations in the era of authoritarianism after the “Opening-up and Reform”, treating social organizations differently according to their threats to the ruling order and their utilities for economic development, because the CPC has viewed social organizations as a “challenging” but “auxiliary” power. The on-going “innovation of registration and administration of social organizations” is not a return to international standard regarding social organization administration in China, but only partial reform of the graduate control system still based upon the CPC’s conception of association as “challenging” but “auxiliary”. Social organizations capable of providing public goods in areas of economic development and social services are given more favorable treatment by the government while political and religious organizations are still tightly controlled by the government.     

Community Engagement and Cultural Building Projects

This study explores whether community engagement efforts among nonprofit arts organizations pursuing major building projects are effective mechanisms for generating support from other organizations. Specifically, the study analyzes the degree to which context—such as the perceptions of the goals of community engagement efforts, competitive environment, and institutional characteristics—affect managers' perceptions of community engagement strategies. The study uses data on thirteen different cultural building projects in counties across the United States between 1994 and 2008 coupled with data on 444 arts organizations in the same county. The results of this study indicate that managers of nonprofit arts organizations perceive other organizations' community engagement efforts differently based on their own perceptions of the goals of those efforts, their own organization's competitive status, and perhaps even the age of their organization.