中美公共管理教育比较研究

为适应机构改革及非政府的公共管理或服务部门不断发展的需要,加快培养高素质的公务员队伍和公共事业管理人才,必须有效地开展公共管理教育.本文通过比较中美公共管理教育的特点、培训方式及教学方法,寻求公共管理教育共同的规律,探索我国公共管理教育的发展方向及培训模式,以指导北京市有效开展公共管理教育和搞好公务员培训工作.     

Enlargement,Institution-Building and the EU's Administrative Capacity Requirement

Does the EU governance of the Central and Eastern European candidate states unleash a process of Europeanisation? It is argued here that the current enlargement has generated its own mode of governance, characterised by asymmetry and conditionality. Enlargement governance has recently focused on developing administrative capacity or 'institution-building', defined as the creation of institutions necessary for the adoption and implementation of the acquis communautaire. This article examines horizontal administrative reform and attempts to define the conditions determining the success or failure of the EU's efforts in institution-building. The absence of common EU rules and norms, and the variation of domestic preferences about administrative reform, lead to varying degrees of success in administrative institution-building.     

How Political Stability Shapes Administrative Performance: The Italian Case

During the last decade in many European Union countries it has clearly emerged that states with weak administrative capacity at the subnational level are more likely to have serious problems with the mismanagement of Structural Funds, or even with accessing them. As a result, some member states such as Italy have embarked upon a programme of institutional and administrative reforms aimed at increasing their administrative capacity. However, retrospective data shows that even though some regions have implemented all the required reforms, their performance has remained unchanged. Along with administrative requirements, are political conditions as such to guarantee that administrative capacity can produce the desired effects? What happens if we do not have political stability that allows for continuity and coherence in administrative actions? Political stability is a controversial variable and theories within the literature present ambiguous results. Some authors strongly claim that stability hinders performance because it fosters the practice of clientelism and the entrenchment of distributional coalitions. In contrast, I aim to explore whether and why, in some cases, stability is actually a variable that accounts for better and improved administrative performance.     

创新我国对抽象行政行为的司法审查制度

对抽象行政行为的司法审查，目前仅在我国行政诉讼中的一定范围内存在。应通过修改我国现行行政诉讼法，明确规定人民法院审理行政案件，可对行政机关提供的、除宪法和基本法律以外的、任何用来证明具体行政行为合法的法律件的合法性进行审查，以确定其能否作为证明具体行政行为合法的依据，在此基础上建立有中国特色的对抽象行政行为的司法审查制度。     

Managing Boundaries in American Administration: The Collaboration Imperative

Boundaries have long played a central role in American public administration. In part, this is because boundaries are central to the administrative process, as they define what organizations are responsible for doing and what powers and functions lie elsewhere. It is also because of the nation's political culture and unusual system of federalism, in which boundaries have always been the focus of conflict. Five boundaries have historically been important in the American administrative system: mission, resources, capacity, responsibility, and accountability. New forces make managing these boundaries increasingly difficult: political processes that complicate administrative responses, indirect administrative tactics, and wicked problems that levy enormous costs when solutions fail. Working effectively at these boundaries requires new strategies of collaboration and new skills for public managers. Failure to develop these strategies—or an instinct to approach boundaries primarily as political symbolism—worsens the performance of the administrative system.     

Sharpening a Knife Cleverly: Organizational Change, Policy Paradox, and the "Weaponizing" of Administrative Reforms

Prior research has leavened substantially our understanding of how, why, and with what consequences public organizations respond to pressures for administrative reforms. Left underdeveloped theoretically, however, is the hypothesis that agency actors may also assess the ability of administrative reforms both to advance their policy goals and to become "weapons" in battles within agencies for advancing them. To illustrate this possibility, this article analyzes how the Clinton administration's National Performance Review and related Defense Reform Initiative interacted with its efforts to "green" the U.S. military in the post–Cold War era. Analysis of this clash between defense and environmental values indicates that (1) agency actors did evaluate the potential impacts of administrative reforms on their policy goals before supporting or opposing them; (2) they tried to hijack those reforms as weapons for advancing their policy goals in intraorganizational battles; and (3) the "weaponizing" of these reforms produced policy complications and consequences that proponents neither anticipated nor welcomed. Thus, reform in the administrative domain created unanticipated consequences by spilling over into the policy domain and being hijacked, weaponized, or otherwise miscarried or used opportunistically in intraorganizational policy battles. The study concludes by arguing that these dynamics merit more attention than they have received from either administrative reform proponents or researchers seeking to develop theories of administrative reform.     

从一件案例看我国行政信息公开制度的缺陷

行政信息公开制度是基于宪法上的知情权以及行政机关的行政说明责任,自然人、法人或者其他组织有权获得行使公权力的组织的除外事项之外的任何信息的制度.该制度在各国实践中最容易出现的问题是申请人资格以及除外事项的确定.在我国统一的行政信息公开立法中,应借用各国的经验,既采用列举除外事项的立法例,也通过公开原则的确立、严格解释规则以及举证责任规则的确立,限制行政机关在不公开事项方面的裁量权.     

ORGANISATIONAL THEORY AND ADMINISTRATIVE CHANGE: THE CASE OF REGIONALISATION IN YOUTH AND COMMUNITY SERVICES

Abstract: Conventional accounts of administrative change have relied on an instrumental view of organisations. Based on the notion that administrative arrangements are designed to meet predefined goals, such accounts have been unable to deal adequately with the production of organisational arrangements or to analyse the entanglements of theory in those arrangements. A number of revisions to this orthodox view have been suggested which are based on viewing administrative structures as political arenas within which conflicts organised within wider society come to the fore. The adoption of a regional administrative structure by the New South Wales Department of Youth and Community Services highlights the dependence that administrative arrangements have upon the interests and ideas of key administrative actors and coalitions, and their contingent power to produce and maintain changes in those arrangements. The regional structure was based on ideas of community participation and had the avowed aim of allowing the public to have greater access to departmental affairs. Subsequently, ideas of ministerial accountability and organisational efficiency were used to define strictly the legitimate boundaries of that public participation. Such ideas provided covering fire for different groups in and around the department to obtain and consolidate positions of advantage.     

Defensive versus Offensive Approaches to Administrative Reform in France (1988–1997): The Leadership Dilemmas of French Prime Ministers

From 1988 to 1997, all French prime ministers launched administrative reform programs with numerous concerns for increasing efficiency, strengthening responsiveness, or redesigning political and administrative roles within the state. However, these initiatives have never led to radical and disruptive changes. The institutional legacy seems to have strongly constrained the politics of administration. What, then, is the meaning of launching administrative reforms within the French political power configuration, and how does it “fit” with the way leaders try to establish their political authority? This article provides two empirical studies of different prime ministers (Michel Rocard under the Mitterrand presidency and Alain Jupp under the Chirac presidency) that can explain the nature of the French governments' commitments to these issues. It argues that understanding administrative reforms requires a mixture of institutional and actor‐centered explanations, because these policies are really leadership challenges to the preexisting institutional order. As such, they are reflexively shaped or constrained by what they try to control and define. This paper shows that for a French prime minister to define the administration as a problem while building his own leadership can jeopardize the resources he will get from that same bureaucratic administrative system. This “power‐reform dilemma” may explain why administrative reforms have proven more politically effective as an instrument of order‐affirming impulses rather than as a disruptive strategy.     

International public management network symposium on administrative philosophies and management practice

Do administrative philosophies, however defined, lead or trail change in public sector organizations? How may we define administrative philosophy and is useful to distinguish between philosophy, doctrine and justification? To what extent does academic research and theory influence administrative practice? Do academics learn most of what they theorize about from practitioners? These and other questions are addressed in this first IPMN electronic symposium.     

NORTHERN TERRITORY

The period under review in this chronicle—December 1980 to mid-August 1981—was, like 1980, characterized by relative political and administrative stability and consolidation. Such a climate of stability was, of course, to be expected as the system instituted with self-government was newly established and refined. Moreover, most of the election pledges which involved significant administrative implications had been implemented in the first months of the Third Assembly. If any major alteration to administrative structure or process is to occur (and there is no present indication of such intention by the government), it is likely to take place after the budget session in August.     

我国毒驾规制的行政法反思

毒驾问题是继醉驾问题后又一个公共话题。未经由行政法规制而将毒驾直接入刑的做法是与现代刑法谦抑主义相悖的,而且我国毒驾规制采用的是事先性禁止驾驶的行政规制手段,这种"以权利换管理"的规制模式直接违反我国《禁毒法》相应规定,并且对毒驾问题采用行政事先审查办法予以解决,这既不符合行政许可的一般法理,也不符合实践的发展需要。因此,毒驾规制的重心应当实现从行政事先强制性禁止向事后的行政严惩转变。     

中国行政审批制度的结构与历史变迁——基于历史制度主义的分析范式

用历史制度主义的分析范式,检视中国行政审批制度的结构与历史变迁,是解读该项制度变迁全貌的一个新的视角.国家宏大制度背景决定行政审批制度的选择,国家制度背景的变迁也导致行政审批制度的不断变更与革新;各种相关政治变量,包括经济水平、利益关系以及意识形态等因素与行政审批制度之间存在一种序列结构,行政审批制度与其它政府政策或制度之间也存在类似的序列结构,这种政治变量序列结构使行政审批制度处于一个制度矩阵当中,影响并制约着行政审批制度的安排;制度与制度制定及执行者之行为的互动模式则推动行政审批制度的变迁.行政审批制度变迁具有路径依赖性,也存在"历史否决点",而制度激励和制度创新是打破"历史否决点",提升制度绩效的必要手段.为此,行政审批制度的进一步变迁需要重塑政府理念,打造治理型政府,并转变政府职能,推进行政体制改革.而且,行政审批制度的进一步变迁必须契合社会主义市场经济体制的客观需要,适应加入WTO新形势的迫切要求.     

National Investment Planning and equity policy in developing countries: The challenge of decentralized administration

The impact of national economic planning in developing countries over the past three decades has been severely limited. Little evidence supports the contention that it has either directly improved investment decisions for stimulating economic growth or significantly affected development policymaking. Constraints on implementing national planning in Asia include weaknesses of political and administrative support for national plans, deficiencies in their content, difficulties of relating plan priorities to investment decisionmaking, ineffectiveness or inappropriateness of comprehensive planning methods and techniques, and inadequate administrative capacity to implement and evaluate multisectoral investment strategies. Changes in Asian development policy toward growth with equity imply the need for more decentralized methods and arrangements for planning, creation of a stronger relationship between policy planning and program implementation, and diffusion of administrative capacity among a wide variety of public and private institutions to generate, formulate and implement investment policies and projects.     

推进我国行政收费的法治化建设

近年来,行政收费问题一直受到社会的广泛关注。通过政府系统内部专项清理、整顿,我国在行政收费规范化方面确实取得了一些进展,但运用政策性文件约束行政收费效果有限,如何将行政收费纳入法治化轨道越来越受到重视。根据我国行政收费领域存在的实际问题及法治化的要求,首先必须贯彻法治行政原则,规范政府的行政收费行为;并通过制定行政收费法,严格限定行政收费的项目与标准;以及进一步完善行政收费监督体系,加强对行政收费的监管。     

Administrative change and the Arab manager

The success of developing countries in fostering administrative change has not been commensurate with their intensive efforts and investments. Causes and effect of the slow progress of change elude and even bewilder scholars and practitioners alike. Based on experiences from the Arab world, this study proposes modifications in organizational processes and behaviour to balance the traditional, one-directional policies of administrative change. When change originates outside the organization or at its very top, and is communicated downwards by decree or edict, three important elements are inevitably absent: employee involvement, effective incentive systems, and appropriate methods of evaluation. Public managers in various Arab countries express preference for jobs that allow them, as managers, to utilize their knowledge and skills, and which do not reduce them to mere executioners of higher commands. Comparing this group with a similar group of American managers reveals managerial characteristics of particular pertinence to administrative change.     

Evaluating Equity Outcomes in State Public Sectors: A Comparison of Three Housing Agencies

In this article, state public sector Equal Employment Opportunity (EEO) outcomes of housing agencies in three states, New South Wales, Queensland and Western Australia are analysed and compared. EEO policies, programs and subsequent outcomes for women in the areas of reducing gender-based job segregation and income disparities, providing avenues for career progression and access to non-traditional jobs are evaluated to determine how different types of administrative and managerial structures influence equity outcomes. The research addresses the question of whether a centralised administrative structure or a devolved corporate management approach provides a more appropriate model for delivering public sector equity policies and programs. The case study findings indicate that a traditional administrative structure based on central control provides no guarantee of better equity results.     

Learning Lessons and Transferring Policy across Time, Space and Disciplines

An area of recent interest in the International Relations and Comparative Politics literature concerns 'policy transfer'. This is a dynamic whereby knowledge about policies, administrative arrangements or institutions is used across time or space in the development of policies, administrative arrangements and institutions elsewhere. Policy transfer is deemed to be on the increase in an era of globalisation. Indeed, some governments and international organisations are proactive in promoting harmonisation and convergence or exporting policy lessons. This paper surveys the state of the burgeoning literature, identifies some methodological issues in studying policy transfer, and outlines some additional routes of research.     

DEADLY FORCE AS A POLICY PROBLEM IN LOCAL LAW ENFORCEMENT: DO ADMINISTRATIVE PRACTICES MAKE A DIFFERENCE?

This article examines the impact of six administrative practices on the use of deadly force by police officers in American cities with a population greater than 50,000. Generally, departmental policies demonstrate little association with the frequency of shooting incidents per police officer, or in the number of incidents resulting in fatalities or injuries. It does appear that police departments which issue more traditional sidearms tend to experience fewer incidents than departments which issue heavier firearms. This same lack of association between administrative practices and the use of deadly force is discovered when controlling for city population size arid state legal codes. Notwithstanding that some of the relationships are in the expected direction, their lack of statistical significance suggests that the use of deadly force has its antecedents in sources other than the administrative policies of local police departments.     

Administrative Growth and Grant Payouts in Nonprofit Foundations: Fulfilling the Public Good amid Professionalization?

The Tax Reform Act of 1969 remains the core governing policy for the U.S. foundation sector, primarily for its qualifying distributions mandate, which ensures a baseline spending of foundation assets toward charitable purposes. However, implementation of this policy required additional foundation administrative resources and contributed to significant professionalization of the foundation sector. This article focuses on the payout requirement's potential paradox of accountability, as administrative expenses can be counted toward fulfilling foundations’ qualifying distributions. Using a 14‐year panel of grantmaking foundations, the analysis seeks to understand whether professionalization, measured by operating and administrative expenses, contributes to or crowds out grantmaking. Findings indicate that professionalization of the foundation sector has a small yet practically and statistically significant positive association with foundation grantmaking. From a policy perspective, the current structure of the qualifying distributions mandate does not appear to lead to a crowding out of grant allocations as administrative expenses grow.