诬告陷害罪与伪证罪比较研究

本文通过如何认定诬告陷害罪和伪证罪进而论述了两者之间的界限及相关问题,其旨为引起刑事司法机关在认定处理此类案件时高度重视,稳、准、狠地打击诬告陷害和伪证犯罪行为。     

'Building a Better World'

Garran Oration Royal Institute of Public Administration Australia National Conference, 29 November -1 December 2003     

Security, Capacity and Post-Market Reforms: Public Management Change in 2003

Public sector change in 2003 was a product of external demands and internal pressures for improvement. The specific areas addressed are responses to security threats in the international environment; strengthening internal capacity, particularly through whole-of-government approaches; and fine-tuning the public management model in part through readjustments to the centre-agency relationship and greater emphasis on horizontal structures and processes.
This is the ninth year an administrative essay has been published in the journal since 1996. Earlier chronicles include: J. Stewart 55(1) 1996; S. Prasser 56(1) 1997; J. Homeshaw 57(3) 1998; J. Moon 58(2) 1999; J. Curtin 59(1) 2000; C. Broughton and J. Chalmers 60(1) 2001; N. Miragliotta 61(1) 2002; and J. Nettercote 62(1) 2003.
In this issue two chronicles are published — the first, by John Halligan and Jill Adams, focuses on external security and internal capacity building. The second assessment by Scott Prasser takes a different view of compliant management, poor decisions and reactive change.     

'Designing Better Health Care in the South': A Case Study of Unsuccessful Transformational Change in Public Sector Health Service Reform

This article presents a case study of a project known as 'Designing Better Health Care in the South' that attempted to transform four separately incorporated health services in southern Adelaide into a single regional health service. The project's efforts are examined using Kotter's (1996) model of the preconditions for transformational change in organisations and the areas in which it met or failed to meet these preconditions are analysed, using results from an evaluation that was commenced during the course of the attempted reform. The article provides valuable insights into an attempted major change by four public sector health organisations and the facilitators and barriers to such change. It also examines the way in which forces beyond the control of individual public sector agencies can significantly impact on attempts to implement organisational change in response to an identified need. This case study offers a rare glimpse into the micro detail of health care reform processes that are so widespread in contemporary health services but which are rarely systematically evaluated.     

Trajectories in public administration reforms in European Continental countries

The aim of this article is to study key New Public Management (NPM) transformations undertaken at central level in the European Union public administrations of Germanic, Nordic and Southern European countries. Our study shows that there is no global tendency towards the same NPM model, although, within public administration models, there are strong similarities. Although some NPM initiatives have been taken as steps towards implementing these reforms, in other contexts they could have been adopted in order to ward off deeper reforms.     

The risky business of public–private partnerships

Public–private partnerships (PPPs) are now a common strand of third way government policy, with better efficiency promised from the private funding of public infrastructure through the transfer of risks to private parties. This paper aims to investigate, on an empirical basis, the realities of risk transfers in PPPs and compare this experience against both the rhetoric of project proponents and the formal contract conditions. The paper outlines some conceptual frameworks underpinning PPPs and establishes the notions of risk shifting and risk sharing. The range of typical risks encountered in infrastructure projects is specially considered, and differences to traditional project delivery arrangements are articulated. Some empirical experience on the transfer of risks under PPPs is then outlined through a case study. This analysis shows the extent to which risks were shifted to the private parties as planned, or whether risks remained with government. It is argued that while commercial risks were largely well managed, governance risks were not. It is critical to understand better the nature of risk transfers in PPPs in view of the large financial implications of these deals along with long contract terms.     

关于“法理分析”和“法律分析”的断思

经过二十余年的法学复兴,中国学者开始重视法学方法论的研究,其中以法律分析、法理分析、法理透视、法哲学思考命名的论文日益增多.这表明学者已认识到法学乃至于法理学是一门相对独立的学科,其学科知识的体系性、思维方式的独特性已受到程度不同的关注.但是,那种简单贴标签式的命题值得推敲.本刊编辑陈立风与山东大学法理学专业的部分师生举办对法律分析和法理分析进行反思的小型学术沙龙,展开了对话式的探讨.现刊载部分,意在引起学界对此问题的共鸣.     

Values,Acts, and Actors Distinguishing Generic and Discriminatory Intolerance

Where tolerance is defined as a person's willingness to put up with political expression that the person finds objectionable, we see three prerequisites for tolerance. The person must support the general right of political expression, the general right of people to engage in the particular acts under consideration, and finally the right of members of even objectionable groups to engage in those specific acts. Many past studies of tolerance proceed directly from the first of these prerequisites to the third, and, in doing so, fail to distinguish between general attitudes regarding particular acts of expression (i.e., does the survey respondent support the right of people in general to hold public rallies) and attitudes regarding particular groups engaged in those same acts (i.e., does the respondent support the right of Communists or militia groups to hold public rallies). The consequence is ambiguity in interpretation of the meaning and etiology of tolerance, and in cross-national comparison. We demonstrate our concerns using data from a split-ballot survey conducted in Romania. Results reveal that accurate interpretation of Romanians' tolerance of the right of ethnic Hungarians to engage in various acts of political expression requires attention to respondents' general attitudes regarding those same acts.