我国政府采购质疑与投诉制度的不足与完善

我国加入WTO后,颁布了<政府采购法>等一系列的法律法规,对规范我国政府采购行为,起了极大的推动作用.但在实际操作中,政府采购制度中的某些环节,尤其是质疑与投诉制度,还存在着许多有待完善之处.本文根据我国目前采购实践中所暴露的问题,并结合相关国际规则及其他国家的成功经验,就政府采购法规定的质疑与投诉制度及其不足进行了探讨,并提出了一些建设性的意见,希望对我国政府采购质疑与投诉制度的健全与完善有所裨益.     

Construction Procurement and State Government Strategy: Aligned or Disconnected?

Australian state governments are engaging in strategic planning processes and publishing departmental and/or overall state strategic plans. One means of achieving the goals outlined in these strategic plans is via public procurement processes. Investments in construction projects by governments are strategic in nature and made to create infrastructure, which enables the provision of public services. This article investigates the contribution that construction procurement across the five Australian state governments who expend the most money on infrastructure makes towards the achievement of government strategy. The research draws on interviews with experienced project managers to assess whether public sector construction procurement is aligned or disconnected with publically stated government strategies.     

Uncertainty,institutions and regulatory responses to emerging technologies: CRISPR Gene editing in the US and the EU (2012–2019)

This study aims to improve theoretical accounts of regulatory responses to emerging technologies by proposing a model of regulatory development, which incorporates a role for types of uncertainty and for existing regulatory institutions. Differently from existing theories of regulatory development, the model proposed here posits a sequence of cyclical activities where regulatory responses arise in incremental fashion out of efforts to make sense of emerging technologies and to ponder the applicability of existing regulatory tools. The model is discussed on the basis of the comparison between regulatory responses to the emergence of CRISPR gene editing in the US and the EU in the period 2012–2019. The comparison between the two cases suggests how regulatory responses to emerging technologies are affected by expectations of future technological and regulatory developments and by existing regulatory institutions.     

The Public Management of Risk: The Case for Deliberating among Worldviews

This article argues that the public management of risk faces inherent "wicked issue" problems which are further accentuated in the context of the contemporary regulatory state. It is suggested that in order to overcome these limitations and inevitable trade-offs, there needs to be a more conscientious effort in setting out distinct components of any public management of risk, which should be considered and discussed through the lens of distinct worldviews contrasting interpretations and solutions, as well as potential "black-spots." It is only by acknowledging limitations of any one strategy and by considering plural solutions that there is less likelihood of disappointment when dealing with crises and disasters.     

Crises and Paradigm Shift

Crises can force leaders and technocrats together, highlight failures and, more rarely, precipitate changes in ideological worldview and the prevailing consensus. In 2007–8, the worst financial and economic crises since the Great Depression of 1929 caused a paradigm shift in financial and regulatory ideology. G20 leaders and central bankers reasserted collective power and authority over financial markets and global banks to an extent and in a manner not seen since the collapse of the Bretton Woods system in 1971. The retreat of state authority reversed direction. The spell of the ‘mystical Anglo‐Saxon model of liberalisation and deregulation’ was broken. In 2014 the paradigm shift is still underway and still under attack by recalcitrant bank CEOs and their lobbyists, but the shift may be durable—signalling a major change in international regulation of the world's largest financial markets and firms.     

How did international economic regulation survive the last period of deglobalization?

As trade wars and protectionism again present severe challenges and obstructions to international economic regulatory organizations (IEROs), it is timely to ask how their predecessors survived the last deep deglobalization of the interwar years. This article presents a fresh neo-Durkheimian institutional explanation. It highlights contrasting pathways to survival and bequest of IEROs in three fields of regulation – international infrastructure, capital and labor, and commodities. Our explanation shows that functional imperatives and short-term market pressures in these different areas of regulation facilitated specific forms of social organization within IEROs (such as hierarchy or individualistic brokering). These contrasting forms of social organization cultivated distinct regulatory styles during deglobalization and cultivated capacities for contrasting survival and bequest strategies. Our approach is thus able to account for variation in pathways to survival in a way that other possible explanations, such as theories of regulatory capture or bureaucratic autonomy, cannot.     

Competition and switching in public service markets: Can they reduce inequalities?

Regulatory reforms to public infrastructure services across European Union (EU) countries were aimed at increasing consumer welfare by introducing competition and choice into service markets. However, empirical evaluations have questioned whether these reforms have benefitted all consumers, suggesting that vulnerable groups of service users (especially those with lower levels of formal education), might be locked into poorly performing services. We assess the relationship between the level of competition in electricity and fixed telephony markets in EU countries and evaluate the affordability of these services for different socio‐educational layers. Our findings show that – although in countries where there is a relatively high frequency of switching, inequalities between socio‐educational groups are smaller and eventually disappear – competition as such does not play a part. These results suggest that demand‐side regulation that successfully enables consumer switching has the potential to equalize social welfare, thereby reflecting a possible convergence of regulatory instruments and the central aims of the welfare state in this context.     

Caught in quicksand? Compliance and legitimacy challenges in using regulatory sandboxes to manage emerging technologies

Regulatory sandboxes have become the latest development in regulatory reform, starting first in financial regulation and now expanding to other sectors. While sandboxes offer notable potential benefits for managing emerging technologies, achieving desirable policy outcomes with this novel regulatory instrument also comes with technical and political challenges. This article offers a framework to characterize regulatory sandboxes in any sector, involving a blend of (1) approval regulation with broad-based standards, (2) restricted discretion by the regulator for specific norms, (3) process-oriented regulation, (4) an outcomes-orientation, and (5) structured regulator–regulatee information sharing or dialogue. Using this model, the article outlines issues in compliance and legitimacy, including in trust and accountability, responsive enforcement, the politics of participation, and post-sandbox oversight. The article concludes by calling for greater scrutiny when considering implementing a sandbox instrument, with attention to sector-specific concerns, and offering directions for empirical evaluation of regulatory sandboxes.     

Using the State for Change: Towards an Effective Labour Government

The capacity of the state to deliver transformative social and economic change appears more limited today than since Labour was last in government. A future Labour government will therefore need to reckon with the challenges this presents when it comes to harnessing the power of the state to distribute power, wealth, and opportunity, effectively. This article considers two aspects of state power. The first is the ability of the state to enforce laws, and in doing so shape social and economic norms. With reference to past successes and failures, there is discussion of how laws and regulations could be made more effective. The second aspect is state intervention in the economy, and the circumstances in which it is possible and desirable to nationalise key industries. The case is made for a thorough assessment of the efficiency and efficacy of such interventions in the economy, especially when weighed against other policy priorities.     

电子政务与政府流程再造——兼谈新公共管理

电子政务是信息技术在政府管理的广泛应用的结果,但是,它不仅仅是一种纯粹的技术活动。为了充分发挥信息技术的潜力,降低信息化的投资风险,在实施电子政务过程中进行政府流程再造是必然的选择。结合企业信息化的经验,论述了电子政务实施过程中进行政府流程再造的必要性,以及在不同的电子政务应用层次对政府流程再造的不同要求。但是,随着电子政务应用层次的提高,也对政府管理提出了更高的要求;从新公共管理的角度对电子政务进行了进一步的探讨,研究了新公共管理对我国电子政务的借鉴意义和存在的障碍。