区域协同治理的司法促进——基于京津冀司法协同的考察

"良法善治"是区域协同治理的终极目标,旨在形成一体化的区域法治秩序。跨省级行政区划的区域协同治理面临着经济社会发展不平衡、地方立法不协调、政策与法治冲突等多重张力,直接反映到社会矛盾纠纷的产生、预防和化解等环节。法院作为化解社会矛盾纠纷、维护社会公平正义的"最后一道防线",在区域协同治理中不仅不应缺位,而且发挥着促进区域法治的重要作用。京津冀协同发展战略自提出以来,三省(市)各级法院深化多维度的司法协同机制,为区域协同治理提供了有力的司法保障,同时也面临着诸多困境和制约因素,需要进一步探索建立区域司法协同治理的组织机制,加强司法协同的调研论证和制度供给,使司法协同事项真正落地,以此提升区域协同治理的能力和水平。     

Subnational Governments in the Negotiation of the Multiannual Financial Framework 2014–2020: The Case of Spain

The negotiation of the Multiannual Financial Framework 2014–2020 has been an outstanding topic on the agenda of the EU during the past few years, on which subnational units also tried to have a say. In this article we analyse the formal institutional framework available for the Spanish Autonomous Communities to participate in the negotiation of the Cohesion Policy 2014–2020 and the Common Agriculture Policy 2014–2020. By analysing this participation, this text explores how this institutional framework has evolved during the past few years and how the Autonomous Communities could represent their interests at the domestic and supranational level within these crucial negotiations.     

Australia's Children ‘Safe and Well’?1 Collaborating with Purpose Across Commonwealth Family Relationship and State Child Protection Systems

So ubiquitous is reference to collaboration in policy documents that it is in danger of being ignored altogether by service deliverers who are not clear about its rationale, how it is built, or its real value. This is evident in the child and family services context where for example the National Framework for Protecting Australia's Children calls for collaboration and a ‘shared responsibility’ across the state, Commonwealth and the non‐government sectors to keep children safe and well. This article describes a project undertaken to analyse and ultimately increase levels of collaboration between state and Commonwealth government family service providers. The research reinforced an important message that levels of collaboration should align with the vulnerability of children and their families: the greater the level of risks to children, the greater the level of collaboration needed within and between systems to keep children safe.     

城市群治理绩效何以差异化--基于三大城市群比较

城市群治理是有效化解城市群发展病症的必由之路。但是,从三大城市群治理演化实践来看,在基本趋同的府际合作中产生了差异化明显的治理效应。这是因为城市群有效治理不仅要求不断完善纵横结合的府际合作,而且要求实现府际合作与市场机制的二元配比驱动。要使城市群治理有效运作,必须超越府际合作从而使完善城市群府际合作和激发市场机制活力双管齐下。在此基础上,三大城市群应该分类治理,调适城市群治理中的府际合作与市场机制的配比。     

超越税务:乌海联合办税对中国"府际关系"发展的启示

"府际关系"是政府过程研究中一个非常重要的领域.内蒙古乌海市在实践中探索出的国、地税联合办税模式,虽然只是发生在一个地方,仅涉及国税、地税两个部门的制度创新,但其在理论探索上的贡献,已经超越了税务行政本身的变革.乌海联合办税模式在构建"伙伴型府际关系"方面的主动探索,从纵横两个维度上,不仅为在实践中逐步化解条块矛盾,构建新型的横向"府际关系"和调整政府横向间的职能配置等提供了新的思路,同时也为在理论上深化中国的"府际关系"理论研究提供了一个新的方向.     

Embedding SMEs in national systems of innovation: Participant perceptions of Australia's CRC-P program

Governments throughout the world employ a variety of policy mechanisms to promote economy-enhancing innovation, although the embedding of SMEs in national systems of innovation has generally proved problematic. The Australian Cooperative Research Centres – Projects Program represents a recent attempt to do precisely this. Interviews with participants in the first two rounds of the Program report high levels of satisfaction, but also highlight potential for friction between SMEs and research providers, together with the opportunity for strategic manipulation. This study provides government officials and other stakeholders with preliminary recommendations regarding where the Program is succeeding, and where further vigilance may be required.     

Refining the Concepts of Territorial Revenue Assignment,Substate Fiscal Self-rule and Territorial Fiscal Balance

Fiscal federalism has offered a template for understanding intergovernmental fiscal relations. Yet when politicians are involved in day-to-day decentralization it may happen that some of the normative elements of fiscal federalism do not fit reality. Substate entities may go beyond the own-source paradigm and have a practical interest in alternative forms of fiscal self-rule. To better understand this pragmatism a threefold stage model of territorial revenue assignment is presented drawing on some insights offered by Germany’s fiscal constitution. Within this framework a reassessment of the role of territorial levels as levels during vertical revenue assignment is undertaken, a new typology of fiscal self-rule is introduced, and finally a theory of multiple territorial fiscal balance points is outlined, including the one based on the real domain of substate own policy-making.     

论无效合同的法律形式

无效合同是相对于有效合同而言的．指合同虽然已经成立,但因其在内容和形式上违反了法律、行政法规的强行性规定和社会公共利益,因此被确认为无效。正确认识无效合同的种类,对于公民、法人正确地使用合同．维护自身的合法利益,从而确保合同法的正常运作、保障经济生活中的交易安全、维护国家利益、准确适用法律、正确处理案件,都具有十分重要的意义。     

Intergovernmental councils in the United States

ABSTRACT

This article focuses on intergovernmental councils (IGCs) in the United States in which prominent state-level executive politicians, that is, governors, play a leadership role. In the US case, these IGCs developed out of a desire to facilitate interstate information exchanges and a need for state governments to join forces to protect their autonomy vis-à-vis the federal government. In this latter role, the councils function as lobbyists for state government interests. The research question driving the analysis has to do with impact: what difference do executive-led IGCs make, either vertically or horizontally, in the US federal system? The question of impact is particularly relevant because growing partisan polarization in contemporary federal and state political institutions complicates collective action by states.     

The purpose of intergovernmental councils: A framework for analysis and comparison

ABSTRACT

Intergovernmental councils (IGCs) are specific, institutionalized forums of intergovernmental relations. They provide essential horizontal and/or vertical executive channels for preparing, deciding, and implementing multilevel policies. We assume there to be variation, both across federal systems and policy domains, in the purpose they serve – from mutual influence and protection of autonomy through joint decision-making to mere exchange of information – the use that central or sub-state actors make of IGCs, as well as their effectivity. In order to map and explain such variation, this introductory article provides a framework for analysis that includes both conceptual building blocks and conjectural relationships, laying the comparative groundwork for the case studies included in this Special Issue. Findings from the case studies indicate that it is primarily the institutional architecture, but also the structure of the multilevel party system, that account for variation in the purpose and effectiveness of IGCs.