监察官法制定的现实必要、争议及具体设想

今年我国或将提起审议监察官法。监察官法的出台是对现行法律难以有效管理监察官队伍的必要回应,有利于提升监察职业的威信。监察官应当走专业化发展道路,试行员额制改革,将法律职业资格作为监察机关执纪调查部门初任监察官的准入条件,采用专业技术序列设置监察官的等级。在制定监察官法的具体结构和内容上,参照新修订的《法官法》《检察官法》,我国监察试点经验以及域外监察法规,监察官的范围应当限于行使国家监察权力的专责监察人员;监察官的职权尤为需要注重保密义务与树立监察权威;经验、能力、品性、政治素养应当是遴选监察官的考量因素,对于初任监察官、转隶人员、原纪检监察部门过渡人员应当予以区别任用;应当强化对监察官的培训、任职回避与监督管理,构建系统的监察官考核、奖励和惩戒机制;在工资保险福利、职务、人身安全、职业伦理、辞职辞退与退休等方面对监察官要加以保障。     

The Ombudsman Revisited: Thirty Years of Hawaiian Experience

This article examines the classical, or real, ombudsman. Unlike quasi ombudsmen, which are bureaucratic control mechanisms subject to executive leaders or agency administrators, real ombudsmen are operationally independent officials of the legislative branch. In 1969, the state of Hawaii was the first to create a real ombudsman. Although Iowa, Nebraska, Alaska, and Arizona have since followed Hawaii's lead, no intensive, long-term study of American ombudsmen has yet been published. This article examines the ombudsman as a monitor of Hawaii's bureaucracies and considers the extent to which the office has become institutionalized over the past 30 years. Nearly 75,000 citizens have had their complaints investigated by the ombudsman, and more than one-fifth of them were rectified, that is, the agency reversed its original action. This study indicates that the classical ombudsman can become institutionalized in the United States. The findings have policy implications as jurisdictions at the federal, state, and local levels consider the creation of ombudsmen or quasi ombudsmen.     

从行政监察体制改革审视我国行政监察专员制度的建立

改革开放以来,我国的行政监察体制改革取得了很大成绩。但是,随着社会的发展,现有行政监察体制的缺陷和不足也日渐凸显。根据国外行政监察体制改革的基本经验和我国的具体国情,建立行政监察专员制度,是完善我国行政监察体制、加强行政权力监督的路径选择。     

Changing Relations between Government and Citizen: Administrative Law and the Work of the Australian Commonwealth Ombudsman

This article examines the individual complaint‐taking role of the Australian Commonwealth Ombudsman over a 28 year period between 1977–2005. This study was conceived through a curiosity to determine how a 30 year old administrative law institution is reacting to accommodate a dramatically altered legal, political and economic environment. The suspicion was that, in the absence of legislative amendment to its jurisdiction and role, the Commonwealth Ombudsman must strategically change due to the demands of these external forces. The overall quantitative finding from the data analysis is that the internal strategic direction of the Commonwealth Ombudsman is indeed altering. In terms of dispute resolution it is increasingly using its discretionary powers to turn individual complainants back to government departments/agencies. The data analysis reveals that this administrative law institution is shifting from a reactive individual complaint taker to a proactive standard setter for government administration. This article suggests that this movement may impact upon citizen ‘rights’ or perceptions of their rights to have their individual complaints heard against government. This in turn may have a ripple effect for notions of democratic accountability and the relationship between the citizen and the state.     

Improving Data Quality: Actors, Incentives, and Capabilities

Devesh Kapur Centre for Advanced Study of India, University of Pennsylvania, 3600 Market Street, Suite 560, Philadelphia, PA 19104 e-mail: dkapur{at}sas.upenn.edu e-mail: herrera{at}fas.harvard.edu (corresponding author) This paper examines the construction and use of data sets inpolitical science. We focus on three interrelated questions:How might we assess data quality? What factors shape data quality?and How can these factors be addressed to improve data quality?We first outline some problems with existing data set quality,including issues of validity, coverage, and accuracy, and wediscuss some ways of identifying problems as well as some consequencesof data quality problems. The core of the paper addresses thesecond question by analyzing the incentives and capabilitiesfacing four key actors in a data supply chain: respondents,data collection agencies (including state bureaucracies andprivate organizations), international organizations, and finally,academic scholars. We conclude by making some suggestions forimproving the use and construction of data sets. Authors' note: For generous comments at many stages in the paper,the authors would like to thank Dawn Brancati, Bear Braumoeller,Kanchan Chandra, Jorge Dominguez, Errol D'Souza, Richard Grossman,Ana Grzymala-Busse, Andrew Kydd, David Laitin, Daniel Posner,Jasjeet Sekhon, Hillel Soifer, Jessica Wallack, and Steven Wilkinsonand the Comparative Politics Research Workshop at Harvard University,and the anonymous reviewers from Political Analysis. The authorstake full responsibility for any errors. An earlier versionof this paper was presented at the American Political ScienceAssociation Annual Meetings, Boston, MA, August 2002.     

Mission Accomplished: The Wartime Election of 2004

The war in Iraq, so the widely accepted view, hurt the reelection of George W. Bush. We contend, to the contrary, that the war helped him get reelected. First, we show that his victory fits the dominant pattern of wartime elections in American history. Second, we find that Bush’s approval ratings benefited from a complex rally where the Iraq war prolonged rather than diminished the 9/11 effect; most Americans affirmed rather than disputed a link between the war in Iraq and the war on terror. Third, while Bush’s approval proves sensitive to U.S. casualties in the Iraq war, any damage to his standing prior to the election was mitigated by sufficient popular support for that war. And finally, on Election Day, Bush was able to garner the vote of two critical blocks with favorable feelings about the Iraq war, be it the decision to invade or the prospect of success.

Resources versus Capabilities: Social Endowments in Egalitarian Theory

Two of the most important theories in contemporary liberal egalitarianism are Ronald Dworkin's equality of resources and Amartya Sen's capability approach. Recently Dworkin has claimed that Sen's capability approach does not provide a genuine alternative to equality of resources. In this article, we provide both an internal and an external critique of Dworkin's claim. In the first part of the article we develop an internal critique by providing a detailed analysis of Dworkin's claim. Andrew Williams has contested Dworkin's claim, but he has failed to convince Dworkin of his objections. We analyze this debate, and offer an argument that, we hope, settles this dispute. In the second part of the article we argue that an analysis beyond the current parameters of the liberal-egalitarian debate points to three significant differences between Dworkin's and Sen's egalitarian theories: the degree to which they rely on an ideal-theoretical approach; their ability to judge social structures that are intertwined with people's social endowments; and their endorsement of a well-defined criterion to demarcate morally relevant from morally irrelevant inequalities. This broader analysis not only reinforces our conclusion that Dworkin's equality of resources and Sen's capability approach are genuinely distinct, but it also suggests some more general insights that may be relevant for a better understanding of contemporary egalitarian thinking.     

Transatlantic Military Space Cooperation: Addressing the Capabilities Gap

Attempts to address the transatlantic capabilities gap in military space is complicated by the rivalry between NATO and the European Union's ambition to undertake a greater role in European security, as well as being held hostage by the extent and nature of the EU's role in this crucial policy area. In light of this, transatlantic military space cooperation is likely to be modest and on a bilateral basis between Washington and the various European capitals, though NATO may yet play a larger role in this area.     

行政法学的新使命 ——2016年行政法学研究述评

2016年,行政法学界围绕行政法基础理论、行政程序立法等问题,产生了一批优秀的研究成果,对促进行政法学理论发展、推动法治政府建设、实现国家治理能力和治理体系现代化,具有理论意义和实践意义.2016年行政法学研究呈现出三个特征:第一,选题紧密结合法治实践,为推进依法治国进程、法治政府建设提供了理论支持.第二,案例研究方法的运用明显增多,反映出大数据时代行政法学研究方法的变化.第三,理论研究不断深化,促进了理论创新与繁荣发展.     

Responsibilities for Human Capabilities: Avoiding a Comprehensive Global Program

Violence, poverty, and illness are all too prevalent in our world. In order to alleviate their hold systematically, we need normative schemes with a global reach and with definite responsibilities. Martha Nussbaum’s human capabilities theory (Martha Nussbaum 2006) provides us with an insightful example. The Universal Declaration of Human Rights (The United Nations 1948), however, already includes most of the human capabilities central to Nussbaum’s theory, and violence, poverty, and illness usually appear as objectionable enough without any additional reference to capabilities. In the current article, the author argues that the primary global responsibilities can mainly be established without Nussbaum’s account of capabilities. The human rights-based approach is more promising for this purpose (Jack Donnelly 2007; Abigail Gosselin, Human Rights Review 8:35–52, 2006; Ivar Kolstad, Human Rights Review, doi:, 2008). However, the author also contends that Nussbaum’s theory may be very instructive as a relatively comprehensive moral approach that supplements the human rights view and inspires its adherents to assume secondary responsibilities in addition to the primary ones. Once we learn to see Nussbaum’s agenda in this way, not as the global program, but as one of the many reasonable and relatively comprehensive views in the global background culture, we can also learn to cultivate the responsibilities it implies in a duly dialogical way.     

Conflict and Collaboration in Wildfire Management: The Role of Mission Alignment

Responding to large wildfires requires actors from multiple jurisdictions and multiple levels of government to work collaboratively. The missions and objectives of federal agencies often differ from those of state land management agencies as well as local wildfire response agencies regarding land use and wildfire management. As wildfire size and intensity increase over time and associated annual suppression costs range between $2 billion and $3 billion, learning more about the existence and management of perceived agency differences becomes imperative within the academic and practitioner communities. This article examines the extent to which perceived mission misalignment exists among federal, state, and local actors and how well those differences are managed. Findings provide quantitative evidence that mission misalignment is greater within intergovernmental relationships than within intragovernmental relationships. Additionally, findings speak to the larger conversation around intergovernmental relationships within the federal structure and perceptions of the presence and management of potential interagency conflict.

Practitioner Points

• Potential conflict between the missions of federal and state land agencies presents a challenge for disaster management, and differing governmental levels and land‐use mandates may highlight relationships where tensions are likely greater.
• Wildfire managers may need to more proactively address relationships among federal agencies and state and local partners rather than relationships among multiple federal agencies.
• Wildfire management may benefit from increased awareness of—and discussion around—partner agencies’ stated land management philosophies and legal mandates, as structural frameworks, such as the Incident Command Structure, may not alone lead to conflict‐free collaboration.

     

An Assessment of Anti-Satellite Capabilities and their Strategic Implications

ABSTRACT

The success of space-based communications, navigation and reconnaissance programs – in both the commerical and military arenas – presents a significant vulnerability. Intuitively, as the economic importance and military indispensability of space systems grows, so will their attractiveness as targets. Although attacks against satellites would involve significant operational challenges, economic costs and diplomatic risks, it is well within the realm of technological possibility. For example, China's decision to research ASATs is an indication of its long-term strategic goal of weakening America's monopoly on military space capabilities. This essay describes the current capabilities of anti-satellite (ASAT) technology, assesses its military impact and considers its broader policy and security implications. In light of the broad implications of ASAT weapons on the debate about missile defense in particular and space weaponization in general, the author concludes that the best way to protect America's space-related economic and military functions is to avoid ASATs development.     

Audit for Accountability in China: An Incomplete Mission

This article argues against the conventional wisdom that accountability is the raison d'être of auditing activities. Audit, admittedly, is a part of the accountability architecture as it contributes to the financial health of a government and the effective management of public money. This does not mean, however, that audit necessarily generates accountability. China's experience with establishing a power audit regime shows that without enabling goals, impartial structural arrangements, and effective procedures, auditing for accountability only remains an incomplete mission.     

创新型国家建设与大学的使命

建设创新型国家,是全面小康社会建设的支持和保证。在创新型国家建设中,大学的重要使命是:推进文化创新,培育建设创新文化;加强基础研究,推进知识创新;实行产学研结合,促进成果转化和技术创新;推动制度创新,为政府决策提供思想支持;提高教育质量,培育创新人才。实施素质教育,是大学完成使命的关键。     

对增强忧患意识提升管理能力的思考

西昌铁路公安处管辖的成昆线中北段经过近几年的综合治理,取得了一定的成绩,也初步走出了"整治、反弹、再整治、再反弹"的怪圈,步入治安管理的良性轨道。对此不能满足现状,要切实增强忧患意识,清醒认识我们面临的压力和挑战,坚决克服"小胜即满、小稳即满"的思想,积极探索适应成昆线治安实际的新路子,全面促进公安工作发展,不断提升维护铁路稳定、确保铁路安全、驾驭复杂治安局势的能力。