中国非政府公共部门研究

中国非政府公共部门是个新兴的组织,进入二十一世纪以来,随着改革的不断深化以及社会发展的要求,我国的非政府组织有着蓬勃发展的趋势,从理论上给非政府公共部门以科学的界定;研究它与政府部门的关系;它在公共管理中地位和作用等问题,对于推动非政府组织在实践中健康发展具有重要的意义。本文正是从这一基点出发,对非政府公共部门进行了探讨和研究。     

论我国公务员培训的市场化

公务员培训的市场化已成为必然趋势,但所谓公务员培训市场化并不是完全将公务员培训活动推向市场,必须有“度”的把握。同时总结我国公务员的培训实践得知,我国公务员培训呈现出培训机构准市场性,培训主体多元化、培训项目运作市场化、教学资源配置市场化的发展方向。     

Organizational corruption by public hospitals in China

This article studies the rise of organizational corruption by public hospitals in China since the 1990s and its impacts. Organizational corruption refers to the exploitation of public authority by a government agency for its monetary or material gains. This article argues that a combination of three major factors contributed to the rise of organizational corruption by public hospitals. First, the Chinese government substantially reduced its financial commitment to the health sector since the mid-1980s. To compensate for the retrenchment of government health outlays, public hospitals are authorized to earn revenue, keep and use all budgetary surpluses. This policy provided numerous opportunities and incentives for hospitals to engage in corruption. The second factor concerns the excessive and chaotic development of the pharmaceutical sector. Intense competition has prompted many drug firms to offer bribes to public hospitals so that their products would be purchased. Finally, the state regulatory infrastructure has failed to check the spread of corrupt practices. The study raised two broader implications. First, it highlights the pitfall of retrenchment of government outlays and the subsequent policy of allowing state agencies to generate, retain and use the revenue, in the absence of an effective regulatory infrastructure. Second, the prevalence of organizational corruption indicates that the nature of public hospitals in China has been transformed. Instead of providing efficient, safe and affordable treatment for patients, many public hospitals have engaged in predatory behavior that is harmful to patients’ health.     

Challenging custom: rethinking national population surveillance policy in a global public health age

This article examines the current state of disease surveillance and reporting in the United States and seeks to answer two central questions: first, whether the increasing emphasis on the global importance of public health policies compels a fundamental reexamination of the long-standing deferential approach to state power where matters of population health surveillance are concerned and, second, how the nation's long-standing deferential legal customs might be modified to address the growing emphasis on global public health policy that is undergirded by technological advances. We examine the International Health Regulations, or IHR (2005), and suggest that these regulations offer a powerful impetus for reevaluating U.S. legal custom concerning the policy and practice of population health surveillance, not only as a matter of U.S. law but also as a core dimension of U.S. legal obligations to other nations, as embodied in international agreements and treaties. We find that if the political will exists to change the domestic disease surveillance and reporting system, the federal government has the power to act. Questions remain, however, about whether the public health and legislative communities are willing to challenge current customs or even if they desire to do so.     

大学城公共安全问题研究

5·12汶川8.0级大地震以来,学校安全一度饱受非议和重视.近年来我国大学城建设蓬勃开展,文章以广州大学城为例,反思了我国大学城的公共安全现状,并分析了当前大学城在公共安全管理中存在的一系列问题,如管理体系不健全、公共危机意识不强、危机认知水平滞后、应急预案不完善、安全防范技术薄弱、机制建设不成熟等.最后,在安全管理、教育、应急救灾和信息发布等方面给出了一些相关的建议,以期望能有助于推进我国大学城公共安全与防灾减灾能力建设.     

Research design influence on study outcomes in crime and justice: a partial replication with public area surveillance

Does the quality of research design have an influence on study outcomes in crime and justice? This was the subject of an important study by Weisburd et al. (2001). They found a moderate and significant inverse relationship between research design and study outcomes: weaker designs, as indicated by internal validity, produced stronger effect sizes. Using a database of evaluations (n?=?136) from systematic reviews that investigated the effects of public area surveillance on crime, this paper carried out a partial replication of Weisburd et al.??s study. We view it as a partial replication because it included only area- or place-based studies (i.e., there were no individual-level studies) and these studies used designs at the lower end of the evaluation hierarchy (i.e., not one of the studies used a randomized experimental design). In the present study, we report findings that are highly concordant with the earlier study. The overall correlation between research design and study outcomes is moderate but negative and significant (Tau-b?= ?C.175, p?=?.029). This suggests that stronger research designs are less likely to report desirable effects or, conversely, weaker research designs may be biased upward. We explore possible explanations for this finding. Implications for policy and research are discussed.     

我国公共场所图像监视法律治理路径分析

在过去的近十年中,我国的公共图像监视在政策、项目及资金等支持下得到迅猛发展。在我国特定的政治与社会背景下,公共场所图像监视是社会治安综合治理与公共安全技术防范系统的一个组成部分．呈现出政策创议、项目推动的发展历程。在法律治理和回应性法制视角下,公共图像监视法律治理是对公共图像监视实践的法律回应。目前,我国已初步构建起涵盖宪法、社会治安综合治理法律文件、公共安全技术防范法律文件、具体领域法律文件以及公共场所图像监视法律文件等公共场所图像监视法律治理的体系,但该体系仍然存在急需健全和完善的层面。     

论我国目前公众参与的制度空间——以城市规划听证会为对象的粗略分析

听证会作为一种制度近来正不断被涉及城市规划过程的各类立法所采用。听证会作为一种行政机关听取意见的方式、同时也成为公众参与行政过程的一种保障装置。本文通过对现行的城市规划听证会的内涵、参与者及其基础以及适用范围的粗略分析,归纳出"听取-参与"、"技术-利益"和"法定-裁量"等决定该听证会实际作用的基本关系。     

论我国“公务员热”的成因与现实影响

公务员制度的实施是我国人事行政规范化、法制化、科学化的标志。自该制度实施以来,公共职位的竞争日趋激烈。过度的竞争源自于民族文化和经济利益多种因素,这种状况对政府自身和社会既有积极有利的一面:有利于危机意识、竞争意识和成本意识的形成;又会产生消极有害影响:就业的反示范效应与行政成本的激增。     

Infectious disease surveillance in the United States and the United Kingdom: from public goods to the challenges of new technologies

Infectious diseases are a long-standing and continuing threat to health and welfare, with their containment dependent on national disease surveillance and response capacities. This article discusses infectious disease surveillance in the United States and the United Kingdom, examining historical national traditions for identifying and controlling infectious disease risks and how globalization and technical advances have influenced the evolution of their respective approaches. The two systems developed in different but parallel ways. In the United States, surveillance remained quite localized at the state level until the early twentieth century and still retains many of those features. The U.K. approach became centralized from the latter part of the nineteenth century and has principally remained so. In both cases, disease surveillance was traditionally conceived as a public good, where national or local authorities held sovereign rights and power to protect public health. With the increasing globalized nature of infectious disease, such notions shifted toward surveillance as a global public good, with countries responding in turn by creating new global health governance arrangements and regulations. However, the limitations of current surveillance systems and the strong hold of national interests place into question the provision of surveillance as a global public good. These issues are further highlighted with the introduction of new surveillance technologies, which offer opportunities for improved disease detection and identification but also create potential tensions between individual rights, corporate profit, equitable access to technology, and national and global public goods.     

The politics of the selective gaze: Closed Circuit Television and the policing of public space

This paper gives first an explanation for therapid development of Closed Circuit Television (CCTV)throughout Britain. This considers the implicationsof its rapid proliferation on the geographies ofpublic space and highlights the selectivity of thegaze of the surveillance cameras and the consequentpotential for the exclusion of certain groups frompublic space. The paper then extends this by usingresearch from two rural towns to address three basicquestions: how the cameras are used for direct lawenforcement; how this use is governed; and how thepublic react to the use of CCTV. It concludes that bystressing the selectivity of the surveillance anddrawing the implications of this for enforcement andgovernance, and also stressing the extent to which theplacing and timing of the use of the cameras fails toreflect the revealed preferences of the communitiesinvolved.     

From walls to membranes: fortress polis and the governance of urban public space in 21st century Britain

Drawing on the work of Paul Virilio, this paper addresses changes in the architectural and legal topography of the urban landscape through an examination of regulatory patterns, which increasingly intensify governance through, and as, ‘control’. Such regulation is ambivalent in that it cuts across many traditionally discrete regimes of power melding them into new forms with new effects; as a consequence it is no longer sufficient to think in terms of such distinctions as private/public, civil/criminal, and so on. This paper argues that a concern with patterns of enclosure and privatisation in our urban centres must now be placed within the context of changes in architectural practice and technology, which the authors term ‘open architecture’, and the embedding of governance through partnership, which give particular emphasis to the use of dematerialised and diffused modes of control. The paper utilises Virilio’s history and image of the fortress, which he tracks from a material form to a dematerialised form, to envisage these developments and to provide the foundation for an understanding of the importance of the development of practices of surveillance into, what the authors term, ‘total registration’ as a feature and function of governance through ‘control’.

我国公共餐饮行业餐饮具卫生质量现状及问题分析

近年来,随着生活节奏的加快和生活水平的提高,外出就餐人数剧增,餐饮食品安全成为全民关注的焦点。政府监管部门每年大力度地开展一系列食品安全的整治行动,但大型、恶性食物中毒等事件仍时有发生,全国的食物中毒发生率居高不下。而餐饮具作为食品的＂隐形添加剂＂是食品的＂贴身衣物＂,其卫生质量安全直接关系到广大消费者的身体健康,民众对此的呼声也越来越高。目前,餐饮行业餐饮具卫生质量存在较多问题,亟待规范和整治。本文阐述餐饮具消毒的意义和重要性,归类了我国近几年餐饮具消毒模式的发展与演变,描述了餐饮行业餐饮具卫生质量现状并对存在的问题进行了分析。     

The impact of CCTV on fundamental rights and crime prevention strategies: The case of the Catalan Control Commission of Video surveillance Devices

Many authors have written about issues related to privacy, legitimacy and efficiency in relation to CCTV systems in public space as a crime prevention strategy. Some have approached them separately; others have tried to come up with more comprehensive approaches. Few, however, have dealt with how such concerns have been put into practice by those who have to decide on the uptake of CCTV. This article considers some reflections on efficacy, legitimacy and privacy in relation to CCTV, as an introduction to the case of how the members of the Control Commission of Video surveillance Devices in Catalonia took these issues into consideration and interpreted the Law when deciding whether to approve a petition submitted by the City Council to install three cameras in Barcelona’s public space in 2003. It concludes by drawing some conclusions from the process, as a way to highlight the complexity of the policy process around surveillance in open, public spaces.     

论公共摄像监视——以隐私权为中心

目前，在公共空间实施摄像监视已日益普遍。如何看待公共空间中摄像头“注视”之下的个人隐私权并予以相应保护，我国现有的立法尚未予以足够关注，司法上亦采取较为保守的态度。事实上，个人身处公共空间，亦有其隐私利益存在。因为隐私并不仅仅是他人头脑中关于人们自身信息的某种缺失，而更多的是，人们对于自身信息的控制。摄像头长时间地有计划地有目的地注视，不同于路人偶然无意识的一瞥，它将使人们因此而丧失对自身信息的选择暴露权和控制权，从而导致个人在公共空间的某些隐私利益的丧失。鉴于此，我们认为有必要从立法上和司法上规范公共摄像监视行为，捍卫人们在公共空间中的必要的隐私利益，维护人们在公共空间中的个性正义。     

视频检测技术在城市道路视频监控系统中的应用

随着城市道路交通指挥系统建设的快速发展,视频监控系统由于具备很强的直观性、实时性和可逆性等优点,使得其在交通事故处置、交通疏导、交通违法取证、及时响应交通突发事件、侦破刑事案件等方面发挥重要的作用。本文通过城市道路视频监控系统建设的主要目标,确定了视频检测系统在城市道路视频监控系统中的位置与功能应用。通过介绍视频检测系统的基本构成和工作原理,提出了视频检测技术在城市道路视频监控系统中的应用趋势。     

Issues in public safety

This paper proposes to deal with the eternal dilemma of melding systems response and public expectations and issues relative to that fusion. Public Safety is defined by the writer as, “Those activities of government which promote the health, safety, and welfare of the people through regulatory policies which attempt to eliminate hazards.” Acting on behalf of the people as a whole, is a never ending concern of government and usually consumes a major portion of a municipality’s budget. The author attempts to illustrate the fact that there are ways of delivering the necessary services efficiently and effectively.     

Sorting out smart surveillance

Surveillance is becoming ubiquitous in our society. We can also see the emergence of “smart” surveillance technologies and the assemblages (or combinations) of such technologies, supposedly to combat crime and terrorism, but in fact used for a variety of purposes, many of which are intrusive upon the privacy of law-abiding citizens. Following the dark days of 9/11, security and surveillance became paramount. More recently, in Europe, there has been a policy commitment to restore privacy to centre stage. This paper examines the legal tools available to ensure that privacy and personal data protection are respected in attempts to ensure the security of our society, and finds that improvements are needed in our legal and regulatory framework if privacy is indeed to be respected by law enforcement authorities and intelligence agencies. It then goes on to argue that privacy impact assessments should be used to sort out the necessity and proportionality of security and surveillance programmes and policies vis-à-vis privacy.     

International joint ventures in space: The international space welding experiment

The International Space Welding Experiment (ISWE) was a joint venture between the NASA George C. Marshall Space Flight Center (MSFC) in Huntsville, Alabama and the E.O. Paton Welding Institute (PWI) in Kiev, Ukraine. ISWE was manifested as an element of the United States Microgravity Payload-4 (USMP-4) to demonstrate the feasibility of space welding as an operational maintenance process. On December 6, 1996, ISWE was demanifested due to conflicts between various experiments vying for limited astronaut EVA opportunities. Current plans include possible manifesting to the Russian space station MIR for welding to be performed by Russian cosmonauts. This paper illustrates the conflicts that can arise when designing and building a set of spaceflight hardware under one set of standards and trying to launch that hardware on another nation's vehicle. Issues which became areas of concern included language/communication, openness, qualification test procedures, material standards, and safety. The significant number of issues identified in this relatively small project in international space cooperation indicates how important it will be to reach a new consensus for conducting future large scale cooperative ventures. Imperative to attaining this consensus is an international conference where all space faring nations mutually develop and agree to a uniform set of standards.