规范政府行为 提高政府管理效能——公共选择理论的启示

在经济全球化背景下,规范政府行为,借用市场力量改善政府作用,建立掌舵型的“企业型政府”,将是我们治理“政府失灵”,提高政府管理效能的有益尝试。     

Dysfunctional institutions? Toward a New Agenda in Governance Studies

There is a wide‐spread perception among academics and commentators that institutional dysfunction has become increasingly common in important social, political, and economics arenas. Opinion polls show a decline in trust and confidence in major actors and institutions, including inter‐governmental organizations, governments, firms, NGOs, and religious organizations. For some, the core of the problem is that the hitherto well‐functioning states have become less effective in aggregating and acting upon citizens' preferences. Many policy initiatives of the 1990s – deregulation, privatization, new public management, private regulation, regional integration, civil society, and so on – seemed to have failed to meet expectations. This symposium seeks to identify important theoretical and empirical questions about institutional failure, such as why do institutions fail, why are they not self‐correcting, what might be a clear evaluative yardstick and analytic approach by which to measure performance, and to what extent contemporary theories of institutional evolution and design are useful in examining institutional restructuring and institutional renewal? Symposium essays by leading social science scholars offer important insights to inform future work on institutional performance and outline an agenda for institutional renewal and change.     

物之遗失与丧失占有——兼论具体公共空间内的拾得人判定

遗失物须为丧失占有的非无主动产。基于遗失物拾得的立法目的,在遗失物的范畴内排除了无主物,即所有权人主动放弃占有的物。除此之外,遗失物的丧失占有无须考察占有人或者遗失人的主观意思。遗失之丧失占有的判断是管领力的事实判断,不以当事人的主观认识为准,而强调客观上控制力是否及于物。此外,拾得人的权利义务产生于对物的占有取得,因此遗失物之丧失占有与其说是原权利人的丧失占有,不如说是物上丧失占有。而物上是否存在第三人的占有是判断遗失物是否丧失占有的难点。在私宅中私宅主人基于对房屋的控制力而对物有管领力;但是在具体的公共空间内丢失的物,因为人员流动性和不确定性,因此不能基于所有人对空间的管领而认为其对物有实际管领力。换言之,具体公共空间内丢失的物,在被拾得或者被工作人员等取得占有以前亦为遗失物。但是工作人员基于其身份的特殊性而不能取得拾得人的权利。     

Back to a Predominant Party System: The November 2015 Snap Election in Turkey

Abstract

Turkey’s snap parliamentary election in November 2015 took place in an environment of growing political violence and terrorism resulting from the renewal of the Kurdish conflict in the southeast and two major suicide bombings carried out by Islamic State of Iraq and Syria (ISIS). Presenting the coalition arithmetic, the article first examines the failure to form a government after the previous election five months earlier. It then examines the campaign for the November election, including party strategies, key issues and the role of the media, before analysing the results and the election winners and losers. In restoring a parliamentary majority for the Adalet ve Kalk?nma Partisi (Justice and Development Party – AKP) that has governed Turkey continuously for the past 13 years, the November election marked the basic continuity of Turkey’s predominant party system.     

Did they ‘Read Before Burning’? The Coalition and Quangos

Attitudes to quangos are paradoxical. On the one hand they are perceived to be undemocratic, unaccountable organisations, while on the other they are seen to improve effectiveness, limit political interference and increase public confidence in government. This paradox is reflected in the behaviour of political parties, which generally adopt a harsh line towards quangos in opposition, but come to rely on these bodies in office. Ahead of the 2010 general election it was, however, noticeable that the Conservative party rejected this dynamic by promising to pursue ‘a more sophisticated approach’. This article explores the Coalition government's subsequent ‘public bodies reform programme’, assessing its progress against recommendations contained within the Institute for Government's Read before Burning report of July 2010. It concludes that while the Coalition has addressed long‐standing concerns about the day‐to‐day governance of public bodies, it has failed to resolve a set of broader and strategic (metagovernance) issues.     

Fatal poisoning due to ingestion of boiled oleander leaf extract

Nerium oleander is an ornamental evergreen shrub belonging to the family Apocynaceae. The Apocynaceae family includes the attractive evergreen shrub known as oleander. The cardiotoxic glycoside, oleandrin, is present in all portions of the common oleander plant. Oleander consumption can result in deadly situations accidentally or as a suicide attempt. After consuming kettle-boiled oleander leaf extract as part of a suicide attempt, an 80-year-old man was discovered comatose in his home and taken to our emergency room. The patient's heart rate was 30 beats per minute, and he had hypotension. Arterial blood gas analysis revealed remarkable metabolic acidosis and hyperkalemia (K: 7.7 mEq/L). An electrocardiogram showed a wide QRS wave, similar to a sine curve. The patient collapsed following cardiac arrest soon after hospital arrival. Veno-arterial extracorporeal membrane oxygenation was initiated; however, the patient eventually died. The serum level of oleandrin at hospital arrival, subsequently measured by LC–MS/MS, was found to be 33.4 ng/mL, far above the levels reported in previous fatal cases.     

Public administration and the rule of law

This article deals with the enduring problem of administrative discretion in the modern American democratic-constitutional state. In the American constitutional tradition, administrative action is legitimate when and only if it adheres to the rule of law. This implies that administrators must be able to link directly their actions to grants of authority in statutes or the Constitution. But the growth of the state apparatus and the increasing intensification of the public administration's role in society have necessitated rather broad legislative grants of discretion to the bureaucracy. The result has been a seemingly perennial tension between the rule of law ideal and the modern administrative reality.

Attempts to control discretion via evolving doctrines of administrative law have proved unsatisfactory for a variety of reasons explored in this essay. The most important shortfall has been that the continuing expansion of the administrative state threatens directly the rule of law itself. After a survey of the weaknesses of these doctrines, we conclude that the rule of law is fundamentally incompatible with the necessary work of administration in the modern American state. Administrative discretion is thus seen to pose an intractable problem for the liberal democratic society, which accounts for its problematic persistence.     

The Dynamics of Local Service Delivery Arrangements and the Role of Nonprofits

This article examines the relationship between “contract failure” (the bringing “in-house” of previously contracted services) and service characteristics. The connection between contract failure and nonprofit and for-profit status is also explored. The analyses are performed using International City/County Management Association data and three service typologies constructed by previous scholars. The findings indicate that: 1) contract failure is more common than anticipated, and is actually relatively more common than privatization; 2) while service characteristics are associated with the frequency of contract failure, the nexus is tenuous; 3) nonprofit entities are less prone to contract failure than their for-profit counterparts.     

When Internet protocols and legal provisions collide: Unauthorised access and Sierra v. Ritz

This case note article examines the unreported decision of a U.S. court in Sierra Corporate Design Inc. v. David Ritz (2007) District Court, County of Cass, State of North Dakota (File No. op-05-C-01660) which deals with the unauthorised use of a domain name system zone transfer. The court ruled that access was unauthorized given the defendant's intention to obtain and divulge information found in the zone transfer.     

就两起侦审失败的案例谈刑侦工作的新思路

以现代高科技为手段 ,加强微量物证的收集 ,大力扩充刑事技术认定犯罪的范围 ;加大第一次讯问力度 ,运用多种方法固定口供 ,使作案人无翻供可能 ;提高侦审中的证据意识和庭审意识 ,建立确凿有力的证据链条 ,是克服侦审失败的有效做法