科层制属性和公共部门绩效:东南欧地区比较研究

行政合理化程度、经济增长率和公共部门绩效之间的相互作用,至少对于东南欧国家来说,目前仍然是研究不足的代表性领域之一。它从本质上预先假定国家行政管理中的科层属性具有经济上的影响,这种科层结构在行政集中和动态性方面或多或少近似于韦伯行政结构。截至20世纪末,该领域的文献已经对这一主题进行了综合性研究,分析了超过全球35个国家的情形。但是东南欧各国没有包含在这些研究中。在此背景下,论文旨在对东南欧各国,尤其是巴尔干地区国家进行理论和实证研究的比较,以确定科层制属性、经济增长和治理绩效之间的相互关系。这一研究方法——"经济性科层制分析"适应于论文的研究目标,并且由"竞争性工资、内部晋升和职业稳定性、功绩性聘任"组成,其内容建立在韦伯的行政合理化原则基础之上的。论文的社会学调查在4个东南欧洲国家进行:罗马尼亚、希腊、保加利亚和克罗地亚,这4个国家是从125个相关样本中选取的,基于的标准是以上提到的国家在中央政府层面上严格的代表性水平。     

透明度原则及其对中国法治的影响

WTO的透明度原则要求各成员方迅速公布其贸易法律规章和措施,并保证其贸易法律规章和措施的统一实施。中国作为WTO的成员之一,其立法和实践将受到WTO透明度原则的深刻影响。     

Measuring Meritocracy in the Public Sector in Europe: a New National and Sub-National Indicator

Since the late nineteenth century, the presence of an independent and meritocratic bureaucracy has been posited as an advantage for effective bureaucratic behaviour and a means of limiting patrimonial networks and corruption, among other benefits. There is little consensus on how the features of an independent and meritocratic bureaucracy should be measured across countries, however, and broad empirical studies are therefore rare. What is more, the few such studies that exist have advanced measures which are constructed exclusively on expert surveys. Although these have indeed contributed to the knowledge in the field, the data on which they are built come with problems. This paper proposes a set of novel measures that complement existing measures and thus fill important gaps in this burgeoning literature. The measures we present are not based on expert assessments but on perceptions of public sector employees’ and citizens’. We create two measures—that can be combined into one—from a recent survey (2013) of over 85,000 citizens in 24 European countries. One is purely based on the assessments from public sector employees’ and the other is based on perceptions of citizens working outside the public sector. The paper also discusses the survey and explores the external validity of the measures provided here, showing correlations with alternative measures based on expert opinions, as well as variables from the literature that we would expect to correlate highly with a meritocratic bureaucracy.     

因参与、透明而进步:互联网时代下的公众参与和政府信息公开

随着5月1日《政府信息公开条例》的正式实施,中国现实中方兴未艾的公众参与实践或许会藉此获得强有力的制度性支撑,同时,一个必须正视的事实是,当今世界的信息化与网络化程度不断提高。在互联网时代背景下,对"互联网——政府信息公开——公众参与"三者之间的关系进行一番尝试性解读,或许会有特殊的意义。     

理念之契合：论透明度原则与我国警务公开制度

透明度原则作为WTO首先提出的一项基本原则,它以改善各成员方贸易政策的透明度,提高贸易政策的稳定性与可预测性,避免、减少各成员方之间贸易磨擦的发生为目标。警务公开是政府信息公开在特殊政府机构即公安机关的具体化。从一定角度来看,透明度原则与我国警务公开制度统一于前者所体现出来的公正、公开（透明）、效率等理念和精神的价值取向上。这些理念所承载的警务公开制度同时也是立警为公、执法为民这一制度保障的基础。     

Sentencing Transparency in the Information Age

How unrestricted or restricted should judges be when deciding a sentence? To what extent should sentences be predetermined, or to what extent should judges be left with the right to decide a sentence in each individual case? Some legal systems, most notably in the United States, have chosen sentencing guidelines to control judicial discretion. However, another approach has been to use computer technology in the form of so‐called sentencing information systems (SIS). This article examines these developments and what possible influence they have had and could have in the Scandinavian, particularly in the Norwegian, context. Penal institutions today are adjusting to the demands of the information society. Does and could the fact that we are living in an increasingly technologically mediated world influence judicial decision‐making? The article argues that the use of technology is not simply a question of technological change, but is first and foremost a social and political phenomenon, related to the relations of trust in a society.     

制药用途专利在欧洲的终结及对我国的影响和启示

2010年2月19日,EPO扩大申诉委员会作出第G02/08号决定:新的欧洲专利公约Art.54(5)不仅将承认"用于新的疾病适应症用途"的已知药用化合物和组合物的新颖性,还将承认"用于已知疾病适应症的新的治疗方法"的已知药用化合物和组合物的新颖性,且其中的"新的治疗方法"包括"新的给药方案".该决定同时裁定,今后EPO将不再承认制药用途(瑞士型)权利要求的合理性.该决定是在2007年底生效实施的EPC 2000就有关"二次药用"的药品专利政策所作改革的基础上的又一重要政策变化.在分析上述药品专利政策的变化根源和背景的基础上,探讨其对我国专利及医药产业政策的影响和启示.     

Transparency as a Core Public Value and Mechanism of Compliance

Abstract

Private security contractors are just the tip of an outsourcing iceberg. Across the three Ds of defense, diplomacy, and development, American foreign policy has been privatized. The Obama administration inherited a government that had been hollowed out to an unprecedented extent, and in many realms it had and has no choice but to depend on contractors to conduct what used to be state business. This essay examines the reasons for and unintended negative consequences of this outsourcing of American power. It argues that turning the clock back and returning everything to in-house assignments is both undesirable and impossible. Instead, government must pursue contracting in ways that do not undermine the public interest. It can do this by identifying the things that should never be outsourced and ensuring that the letter and spirit of the Federal Funding Transparency and Accountability Act is upheld. Greater transparency in contractor–government relations will foster private security contractor compliance with ethical norms while bolstering our capacity for self-government. Transparency is thus both an end in itself and a means to sustainable democratic deliberation. While tension can exist between national security and open government, that tension is often overestimated.     

美国环境公众参与理论及其对中国的启示

作为公众有权获取环境信息、参与环境决策和实施环境监督的"公众参与理论",无论是在国际法层面,还是在国内法层面,均构成了当前环境法的一项基本原则。其所承载的公众参与权,在有些国家或地区甚至已经上升为一项宪法性权利,或者作为一项环境法律权利被规定在环境基本法律之中。它既体现在环境决策行为之中,也体现在环境违法监督行为之中,"公众参与"俨然已经构成环境公益诉讼的必要理论基础,深刻地反映在美国"公民诉讼"的诉讼机制之中,也必然成为构建中国特色"环境公益诉讼"的理论基石和制度内容。     

Impact of Information About Sentencing Decisions on Public Attitudes Toward the Criminal Justice System

Research reveals public dissatisfaction with perceived leniency of the criminal justice system. However, when asked to sentence hypothetical offenders, members of the public tend to choose dispositions similar to what current court practices prescribe. In two studies reported here, subjects completed a mock sentencing exercise and a general attitude survey. In an initial pilot study, they expressed general dissatisfaction with the criminal justice system but the relative punitiveness of their sentences (in terms of their perceptions of how severe various sentencing options are) was only slightly elevated above a set of reference sentences. Providing a typical judge's sentencing decisions did not decrease dissatisfaction but was associated with an anchoring effect. This effect was explored in the main study by manipulating the provided reference sentences to be either lenient, moderate, or punitive. Again, participants expressed general dissatisfaction with the criminal justice system but prescribed generally moderate sentences, anchoring their sentences to the information provided. However, only those exposed to moderate typical sentences subsequently reported reduced dissatisfaction with the criminal justice system.     

Measuring Government Favouritism Objectively: The Case of Romanian Public Construction Sector

Government favouritism in the allocation of public funds raises costs for any society in which corruption prevails. Particularistic transactions can be identified in three different situations: uncompetitive awards of public contracts when there is only one “competitive” tender, when public money is spent on contracts supplied by politically connected firms, and a situation of capture in which one private contractor obtains a disproportionate share of contracts issued by some public agency. This present research has tested for the relevance of those three types of particularistic transactions that signal government favouritism as they apply to the Romanian construction sector for the period from 2007-2013, and to do so has made use of original public procurement databases. Furthermore, it will be proposed here that the “kickback”—a percentage of particularistic awarded values—can be used as a measurement of corruption. Even conservatively estimated, kickbacks account for much of the cost borne by any society that fails to eradicate corruption. For our purposes here, amounts of kickbacks at county level have been controlled against criminal convictions for corruption at county level. As a result, data analysis provides strong evidence that kickbacks based on particularistic allocation of public funds are indeed relevant in the measurement of corruption, and the steps used to evaluate kickbacks can be used just as well for other countries.     

The Impact of Media on Public Trust in Legal Authorities in China and Taiwan

Literature on public perceptions of legal authorities in Chinese societies has been accumulating, yet a critical line of inquiry is missing, regarding the effects of the media. Relying on two nationwide samples, this study examines: (1) to what extent do Chinese and Taiwanese citizens trust their police and courts; and (2) how does media consumption influence Chinese and Taiwanese trust in police and courts, after controlling for a range of individual demographic, experiential, attitudinal, and locality variables? Results show higher levels of trust among Chinese than Taiwanese. Chinese trust their courts more than the police, but Taiwanese trust their police more than courts. Media exposure variables have limited effects on public trust in legal authorities. While frequency of consumption of television, newspaper, and the Internet does not influence Chinese or Taiwanese trust, exposure to foreign news lowers Chinese trust in legal authorities. Trust in media is closely connected to trust in legal authorities.     

论信息时代与公共领域的重构

信息时代正在导致“地理国家”和“区域社会”的分离，而国家与社会的分离是公共领域存在的必要基础。公共领域在使用媒介、参与构成和共识的达成方式上都与传统的公共领域有所不同。因此，信息时代的公共领域将具有许多全新的特点，即公共领域空前多元，公共领域正变得越来越与国家无关，也越来越与民主无关。     

信息社会中的公法变迁

计算机、通讯技术的日益发展、融合以及网络的普及应用使人类社会进入一个新的历史阶段——信息社会。适应信息社会的要求,现代公法必然发生重大变迁,主要体现为直接民主制的复兴、信息权利的产生以及公权力结构的多中心化。     

The Impact of Insanity Acquittees on Missouri's Public Mental Health System

Even though state departments of mental health have primary responsibility for the care, custody, and treatment of insanity acquittees, the impact of insanity acquittees on the public mental health system is generally lacking in policy discussions and as a topic for policy research. This issue has received increased attention in Missouri, where insanity acquittees now occupy half of the long-term public psychiatric hospital beds. This article examines the presence of Missouri's insanity acquittees on the state's public mental health system and includes the impact on goals, fiscal costs, inpatient and community psychiatric services, and inpatient treatment staff. As states consider managed care and other cost containment measures, it remains to be seen if the high costs associated with extensive use of hospitalization of insanity acquittees to promote public safety will influence policy changes to more community-based insanity acquittee systems.