论公共行政的扩张与规制

公共行政,是指那些不以营利为目的,旨在有效地增进与公平地分配社会公共利益、满足公众的各种需要而进行的组织与调控活动,是理论与实践随历史演进而不断发展完善的过程。公共行政由于市场的失灵而得以迅速扩张,不可避免带来了诸多消极后果。公共行政的扩张有其必然性,但应当得到规制。     

公共危机管理的行政法治现实课题

本文结合"非典"公共危机管理的新实践、新情况,探讨了我国行政法治发展的若干现实课题,提出应加强我国公共应急法制建设,将行政应急性原则纳入我国行政法的基本原则体系,重视行政指导措施在公共危机管理中的适当运用,系统研究解决诸多后"非典"时期的行政法律问题,并提出了相应的对策建议.     

The Drowning Index: Implementation in Drowning,Mechanical Asphyxia,and Acute Myocardial Infarct Cases

Drowning is a diagnosis of exclusion based on circumstantial and autopsy correlation. Sugimura proposed a threshold value of 14.1 for the Drowning Index (DI), the ratio of lung and pleural fluid to spleen weight, as a surrogate marker to diagnose drowning. We questioned the use of DI in diagnosing drowning. We compared DI between three groups—drowning, mechanical asphyxia, and myocardial infarct—seen at Broward MEO from 2008 to 2009. Only 9.4% of 53 drownings exceeded the DI threshold of 14.1, while 30% of 10 mechanical asphyxias and 40% of 10 myocardial infarcts had DI >14.1. Sensitivity for the DI test was <10% and specificity 60–70%. Median DI values for all groups were <10. Mann–Whitney U‐test was not statistically significant between groups. The DI is neither sensitive nor specific and lacks any utility in the diagnosis of drowning.     

Bureaucrats’ corruption and competition in public administration

Competition in public administration is often advocated as a solution to bureaucrats’ corruption. However, there are no well developed analyses of how competition could succeed and the issue of its detailed design has not been carefully addressed so far. In this paper, we put forward a series of models that help understand what competition in public administration can actually accomplish. We distinguish two different shapes that corruption may take: bribery and extortion, and we demonstrate, under the usual assumption of asymmetric information as to the honesty of the bureaucrats, that while competition is effective in fighting extortion it exacerbates bribery. Given that corruption normally manifests itself simultaneously under the two different shapes, an anti-corruption policy based upon competition is bound to face a serious trade-off: trying to curb one of them through competition implies making the other worse. This result holds, with some differences, under exogenous and endogenous bureaucrats’ “honesty”. The dual aspect of corruption is probably one of the most serious—and so far largely neglected—obstacles to any effective anti-corruption policy.     

The public administration of territorial seas: Ukrainian case

International Environmental Agreements: Politics, Law and Economics - The article evaluates the modern doctrine of territorial sea administration, given the experience of Ukraine. The article...     

公共行政中实现领导责任的制度规制探讨

公共行政领导者是行政机关主要职能的承担者,在整个行政过程中发挥重大作用。然而,在行政过程中存在着行政领导者不能较好的履行领导责任的情况。因此,本文从制度层面出发,分别从领导责任制度化、监督机制法制化、“官员问责”制度化及其他配套制度建设四个方面来探讨如何确保领导责任的实现。     

The role of private and public regulation in the case study of crypto-assets: The Italian move towards participatory regulation

With the Digital Financial package (MiCA, DLT Pilot, and DORA, later on complemented by the DAC8 proposal) the European Union seeks to establish an appropriate legal framework for crypto-assets showing a financial nature. The package represents a first attempt to regulate a complex and emerging phenomenon, characterised by significant trade-offs. Unsurprisingly, in this early stage of the law-making process several relevant aspects of the crypto environment remain unaddressed, such as pure DeFI models, DAOs, and NFTs. Such regulatory gap is to a large extent attributable to the difficulty of addressing technologically complex issues through command-and-control top-down legislation. The improvements delivered by the Better Regulation Agenda are not enough to solve this conundrum. In this context, the Communication by the Bank of Italy on Decentralised Technology in Finance and Crypto-assets and its first move, the smart-contract MoU, provide an interesting case study to discuss the potential of ‘participatory regulation.’ This experimental form of regulation tries to get the most out of co-regulation, self-regulation, and command-and-control, combining their characters with the view of reconciling the technology neutrality principle with technology-based regulation. Participatory regulation aims to bridge the public and private sector in order to strike a right balance between flexibility and legal certainty, without stifling innovation.     

Felony probation: A re-examination of public risk

The California Rand study focused major attention on the potential threat that felons on probation presented to the public. Their findings of a 65% rearrest rate during a 40-month follow-up of 1672 felons raised considerable concern but left one key question unanswered: are those disturbing results unique to California or are they representative of a nationwide crisis generated by the critical prison overcrowding problem? The authors of the present study replicated the Rand report for the State of Missouri in an attempt to answer those questions. A total of 2083 felons from the most urban population of Missouri were tracked for the same 40-month period utilized by Rand, with very different results. The Missouri rearrest rates were found to be a respectable 22%. The obvious conclusion is that felony probation is an effective alternate to prison in Missouri, and the Rand study may not be representative of felony probation in general.     

谈公共行政实践主体的特征

公共行政实践活动是伴随着人类活动始终的一种社会活动,全面认识和了解公共行政实践主体极为重要。本文对公共行政实践主体的含义进行了探讨,分析了公共行政实践主体的内涵和特征,认为公共行政实践主体在公共行政实践活动中表现出的积极的能动作用缘于公共行政实践主体的基本特征。     

行政许可设定中的利害关系人权益保护

许可的设定是行政许可制度的源头和基础。它以立法的形式宣告了国家对公民权利领域尤其是许可利害关系人的权利的合理侵入,因而设定行政许可应至为慎重,在许可的设定中应保护许可利害关系人的合法权益。     

论《治安管理处罚法》对公权力的规制

公法产生与发展的初衷就是限制和规范国家公权力的行使。现代法治国家是以“保障公民权利，限制国家权力”为核心构筑的。《治安管理处罚法》作为公法，从立法宗旨和原则、立法内容等方面对公安机关的公权力进行了有效的规制．以最终彰显其对公民权利的保障。     

Complex Suicide by Self‐stabbing with Subsequent Drowning in the Sea

The paper presents a unique case of a complex suicide committed by a young man, mostly probably triggered by a disappointment in love. The uniqueness of the suicide lies in the fact that the victim inflicted several deep stab wounds on himself, in the chest and abdomen, while standing partly submerged in the sea and, having done so, he dropped and disappeared in the water. The postmortem examination showed, apart from deep wounds in the trunk, characteristics of drowning that manifested itself in the form of aqueous emphysema of the lungs. Suicide was clearly determined on the basis of the circumstances preceding death, the location, and arrangement of the trunk wounds and the testimony given by a witness of the incident. The circumstances preceding the suicidal act clearly suggest an underlying undiagnosed mental disorder.