合同法上赔偿损失的请求权基础规范分析

我国合同法上规定有许多赔偿责任,但这些赔偿责任的规范基础不尽相同:有的以传统民法上的违约责任为规范基础,比如第97条规定的合同解除后的赔偿责任、第108条规定的逾期违约后的赔偿责任、第110条规定的继续履行后的赔偿责任、第107条及113条规定的赔偿责任等;有的则属于独立的责任规范基础,例如第42条、43条、58条等属于缔约过失责任规范的范畴;第122条属于加害给付的范畴。第48条规定的无权代理人的赔偿责任之请求权基础应解释为缔约过失更为合理;第406条及425条规定的赔偿责任制规范基础解释为违约责任更为合适。第189条的赔偿责任实际上是赠与合同不能履行的赔偿责任,属于违约责任;第191条规定的赔偿责任中。     

Ideological Congruence: Illusion or Imperfection?

Paul Warwick ( 2016 ) argues that much of the research on ideological congruence leaves the erroneous impression that a close match of median left‐right voter opinions and government ideological positions usually emerges from elections. I propose further clarifications. I offer a “natural metric” based on the average distances from the median voter of the most distant and the closest parties competing in all these countries’ elections. I suggest that by these standards average ideological congruence in the Western liberal democracies in the last 20 years has been fairly successful, but not as successful as it could be.     

HRM: Performance Relationship: Need for Further Development?

The last decade of empirical research on the HRM value additions, also known as the “HRM and performance” debate, demonstrates evidence that HRM does matter (Huselid, 1995 Huselid, M. 1995. The impact of human resource management on turnover, productivity and corporate financial performance. Academy of Management Journal, 38(3): 635–672. [Crossref], [Web of Science ®] , [Google Scholar]; Guest et al., 2003 Guest, D.E., Michie, J., Conway, N. and Sheehan, M. 2003. Human resource management and corporate performance in the UK. British Journal of Industrial Relations, 41(2): 291–314. [Crossref], [Web of Science ®] , [Google Scholar]; Wright et al., 2003 Wright, P., Gardner, M. and Moynihan, L. 2003. The impact of HR practices on the performance of business units. Human Resources Management Journal, 13(4): 21–36.  [Google Scholar]; Rehman et al., 2010). Unfortunately, the relationships are often statistically weak and the results ambiguous. This article reviews and attempts to extend the theoretical and methodological issues in this debate. Its aim is to build an agenda for future research in this area. A brief overview of achievements to date is followed by the theoretical and methodological issues related to what constitutes HRM, what is meant by the concept of performance, and the nature of the link between these two. In the final section, it is argued that research designs should start from a multi-dimensional concept of performance, including the perceptions of employees, and build on the premise of HR systems as an enabling device for a whole range of strategic options. This implies a reversal of the strategy-HRM linkage.     

Child Welfare's Iron Cage: Managing Performance in New Zealand's Child Welfare Agency

The purpose of this article is to explain the performance management practice in use within one of New Zealand's public service agencies—Child, Youth and Family Services. These practices are described with reference to New Zealand's formal model of public sector management and the professional social work model understood by the majority of the agency's staff. The article draws on recent research into performance management practices in nine of New Zealand's public service agencies that included Child, Youth and Family Services. This involved a number of semi-structured interviews with managers and staff from the national, regional, and local levels of each agency together with a review of relevant documentation.

It is argued that performance management practices exist on a continuum representing the “rationality of control” which extends from a regulative control model of rules and fixed targets to one that is more reliant on shared understandings, learning, and flexible targets. It is further suggested that the institutional structures underlying this continuum determines the extent to which performance management practices within individual agencies are loosely coupled with those used for purposes of external accountability.

The article highlights the tension that exists in an organization that encompasses the substantive logic of “a values-based profession” (Ronnau, 2001 Ronnau, J. P. 2001. “Values and ethics for family-centered practice”. In Balancing family-centered services and child well-being: Exploring issues in policy, practice theory, and research, Edited by: Walton, E., Sandau-Beckler, P. and Mannes, M. 34–54. New York: Columbia University Press.  [Google Scholar]) but which is bound by the formal, instrumental rationality implicit in its system of external accountability that, it has been claimed, “reduces a complex reality to something simplistic and one dimensional” (Tilbury, 2004 Tilbury, C. 2004. The influence of performance measurement on child welfare policy and practice. British Journal of Social Work, 34: 225–241. [Crossref], [Web of Science ®] , [Google Scholar]). It, therefore, argues that the formal model of performance measurement and management of the public service should encompass the broader information and rationality used by managers within public service agencies.     

The Strategic Use of Public Information in Anti-Corruption Agencies: Evidence from the Asia-Pacific Region

In this era of anti-corruption policy-making, the Internet provides a potentially critical strategic resource for anti-corruption agencies (ACAs) aiming to promote organizational and policy learning. Realizing its potential is a creative challenge that will tap different types of capacities in the agency and its environment. We present a framework for understanding the information-related functions that underpin policy and organizational learning for ACAs, develop a rating criteria to assess strategic information usage, and then assess five ACAs in the Asia Pacific region on one aspect of strategic information usage: dissemination via the Internet. Agencies differ markedly in the degree to which their use of public information dissemination via the Internet is “strategic” in nature, pointing towards a new arena for capacity building and strategy development.     

Assessing the Performance of a Court System: A Comprehensive Performance Measures Approach

Many court systems suffer from long lead times, poor service quality, and low throughput. In many cases improvements are continuously introduced through various managerial and professional methods. This article proposes a set of measures to assess the effectiveness of court systems. This set of performance measures includes response-time, throughput, and work-in-process. While court systems generate a multitude of statistical data it is difficult to apply them across individual courts.

The article tailors well established generic performance measures to the specific court arena. The individual measures are aggregated into a single figure that assesses the court's performance along the time axis and relative to comparable court systems.

The proposed measure of performance and the aggregate score were validated with real life figures from the Israeli court system.     

Performance Reporting: Assessing the Annual Reports of Malaysian Local Authorities

There have been calls for Malaysian local authorities to be more transparent and accountable in the discharge of their functional responsibilities. This study empirically evaluates the extent and quality of current performance reporting by local authorities. The disclosure of relevant information for discharging accountability obligations, as defined by a broad range of stakeholders, falls short of best practice. Therefore, the performance of Malaysian local authorities lacks transparency. The findings could assist in the development of more comprehensive guidelines for local authority reporting and raise awareness of information stakeholders expect to be reported in the context of accountability.     

The Correlates of Local Government Responsiveness Under Decentralization: Do Performance Ratings Matter in the Philippines?

To improve local service delivery under decentralization, performance ratings are often introduced. In this article, performance ratings and other correlates of the citizens’ assessment of the responsiveness of their local governments are investigated with a regression analysis of survey data collected during the pilot test of a performance rating scheme in 12 Philippine cities and municipalities in 2001–2003. The local governments in the eight sites where the ratings were announced are assessed less responsive by their own constituents than those in the four control areas by theirs. Possibly, the citizens exposed to the ratings expected better performances from their officials.     

Performance Evaluation in the Arts and Cultural Sector: A Story of Accounting at Its Margins

In this article, I present a review of financial and management accounting literature on the arts and cultural sector. My objective is to understand to what extent this literature is able to offer a critical perspective on the study of performance evaluation practices in arts and cultural organizations, as it is currently missing in the arts management literature. Adopting a critical perspective means shifting the focus of research from the technicalities of evaluation rules and procedures to their embodiment by the different organizational and societal actors of the arts and cultural sector.     

Can Twitter Add to Performance Evaluation in the Area of Performing Arts? Reflections from La Scala Opera House

ABSTRACT

Social media are continuously diffusing in performing arts organizations. Yet little is known on how social media data can contribute to the performing arts evaluation process. This article addresses this issue by investigating if and how Twitter data can add a valuable source of information to the performance evaluation process. A literature review with an empirical application on the evaluation of the performance Aida at Teatro Alla Scala provides evidence about the type of indicators that can be derived from Twitter and support a discussion about potentialities and pitfalls connected to their adoption for the evaluation of performing arts.