How responsible is 'responsive' government?

The work of John Rohr focuses primarily upon the constitutional dimension of the work of public servants, most particularly, but not exclusively, career civil servants employed in central government. In stressing public service ethics as a form of constitutional practice Rohr's aim is to help reinforce the legitimate role of career public servants in government and to remind practising public bureaucrats (and academics and politicians) of the nobility of the 'administrative vocation' of state service, a somewhat daunting task in today's political climate. In this article I examine Rohr's work to see what ethical light it might throw upon recent and ongoing political attempts to make the British public administration more 'responsive'. I do so, first, by outlining the main themes of Rohr's work and their location within the US constitutional tradition. I then proceed to discuss the extent to which they translate into other constitutional contexts. Finally, I attempt to put Rohr's work to use in discussing aspects of civil service reform in Britain under recent Conservative administrations and that of the present New Labour government.     

Business as usual

The tech stock crash of 2000 discredited the new economy as business model. This article introduces a journal special issue which takes up the challenge of putting new economy developments into this post-crash perspective and establishing long-run continuities, without discounting the importance of what happened. This article opens the debate by highlighting two themes in the articles that are collected together in the special issue: first, it discusses what was and is the new economy in the USA; second, it examines the relevance and resonance of the new economy in Europe.     

Water Privatization in Spain

Abstract

Water management in Spain is submitted to a non‐uniform geographical and seasonal distribution of water resources. The non‐uniform distribution of resources is worsened by the non‐uniform allocation of demand (mainly irrigation and urban). Because that, water supply, aquifers, and wetlands are driven to a high risk. Even though, there are examples of good water management, as is shown for the private industrial productivity of used water. Spain has a very long tradition in public water management (first water law in 1879) at different levels from ministry to municipalities, including users communities. A lot of these organisations are anchored in very old ways of doing, given private sector the opportunity to enter and grow up. A survey about it is presented. In the management of urban water, there are different organisations involved: central administration; autonomic, regional and metropolitan authorities; urban water suppliers and the sanitation authority. The recently approved changes in the former Spanish Water Law, limiting water rights and introducing water market, the new and expected Hydrological National Plan and the European Framework Directive, reinforce the opportunities of the private sector to enter, giving financial resources, technological advances and quick answers to new social concepts in water managerial procedures. We can observe how the Spanish administration uses private water suppliers' front desks to collect taxes and to supply capital to invest in infrastructures and water technology. The question that needs to be addressed is the nature and the impact of the privatisation process in Spain. The unrealistic water urban services price in Spain has been studied and it is presented and evaluated by regions, presenting a deficit to be covered in the future and been a significant gross value of the future business, which invite private sector to participate in. To give a general scope over the evolution of the roll played by the private and public sector, the case of Catalonia, the more evolved autonomous region of Spain in water management, is presented as an example of the future for the rest of the country.     

Contracts obtained by means of bribery: should they be void or valid?

This paper argues that contracts obtained by means of bribery should be valid. Nullity and voidability decrease the incentive for voluntary disclosure, assist corrupt actors with enforcing their bribe agreements and provide leeway for abuse. Thus, they run counter to effective anti-corruption. It is argued that other instruments are more suitable for preventing corruption.

企业诚信与和谐社会

自从2005年苏丹红事件席卷全国,2006年9月,上海发生瘦肉精中毒事件,食品安全逐渐成为人们讨论的一个热门话题。2008年的三鹿奶粉事件的发生,再次引起人们的思考,并成为今年两会所关注的热点问题。是什么导致食品安全事件接连发生,探究其中的原因,无外乎是企业监管制度的缺失,以及法规政策的缺位等等,文章从企业诚信这个角度导入寻求答案,从而分析企业诚信对建设和谐社会的意义。     

论民办高校的法人性质

我国现行法律既未明确概括民办高校的公法地位,对其私法地位的界定也与学说和制度不洽,致使民办高校的法人性质不明,对民办高校的发展多有不利。本法理论,民办高校应当既是一种民事法律主体,享有法人的经营权;同时也行使一定的教育行政管理职权,具有公法地位。倘若将民办高校的公法地位概括为依法律授权实施教学行政管理的教育机构,将其私法地位界定为社团法人、准公益法人,并特别地将其界定为民办学校法人,则上述问题将能得到相应的解决。     

英国知识产权审判体系

英国是较早便开始对知识产权案件进行专业化审判的国家,发展至今,历经多次改革,已然是现今世界上知识产权审判体系较成熟的国家。其中,设置在高等法院大法官庭下的专利法庭和知识产权企业法庭是英国极具代表性的两个具有全国管辖权的知识产权法庭,负责审理大部分知识产权民事、行政的初审案件。此外,尚在筹建中的欧洲统一专利法院、被指定人、著作权审裁处以及替代解决纠纷机制,也都是英国知识产权审判体系的重要组成部分。2014年,我国在北京、上海、广州设立了知识产权法院,在这样一个改革试点的契机下,分析和借鉴英国知识产权审判体系的发展轨迹和成功经验对我国知识产权法院的建设具有现实意义。     

Evaluating the case for greater use of private prosecutions in England and Wales for fraud offences

This paper considers the challenges and opportunities that exist in England and Wales for the use of private prosecutions for Fraud. It considers the need for sanctions against fraudsters: looks at the prosecution landscape as it has evolved, especially during the 21st century: considers the legal basis for private prosecution and gives a brief history of its extent. The advantages and disadvantages associated with private prosecution are considered and recommendations made on the changes needed before there could be significant developments in the use of private prosecutions.     

全面建设小康社会与走新型工业化道路

本文用翔实的资料论述了全面建设小康社会必须走新型工业化道路问题,同时阐述了新型工业化道路的内涵以及重大意义,指出走新型工业化道路的关键是继续深化经济体制改革,建立健全确保走新型工业化道路的体制与机制。     

浅谈工会工作与企业文化建设的关系及其意义

在社会主义市场经济条件下,工会组织要真正行使其职能,在并在社会经济、政治、文化生活中发挥多方面积极作用,就必须适应时势发展需要调整自身工作的总体思路,并,在工作方法 活动形式上有所创新。而理清工会工作与企业文化建设的关系,并努力促成二者的“联姻”,无疑应是值得人们关注的。