论我国生态损害责任保险制度的构建

生态损害责任险在我国既缺乏立法支撑又缺乏实践经验,我国生态损害责任险的构建将会面临诸多问题,包括生态损害风险的可保性、投保模式、保险费率、保险限额、保险机构及索赔机制等.我国应当尽快构建生态损害责任保险制度,逐步提升生态损害风险的评估技术水平以解决可保性问题,并在风险预防及有效填补损害原则的指导下构建我国生态损害责任保险制度.     

From bandit colonialism to the modern triage society: Towards a moral and cognitive reconstruction of knowledge and citizenship

Abstract

This article argues that the transition from bandit colonialism through the intricate systems of the modern triage society that is wired for Western cultural compliance requires more than just critique, or a prayer for the meek to inherit the earth. It requires a decisive consensus that the meek do not inherit the earth by their meekness alone – they need defences of the mind and conceptual categories around which they can organise their thoughts and actions. Turning the previously colonised into participants in a new moral and cognitive venture against oppression requires more than just periodic elections – significant though electoral processes are. Addressing the atrophy of human capabilities that has characterised human development in the context of both bandit colonialism and the modern triage society demands the development of a plurality of insights, of critical traditions, and a deepening of the tools for diagnosis and hence the quality of prognosis. It may, in certain instances, demand a cognitive indifference to the Western model and a robust engagement with the methods of science and in particular their impact on sustainable livelihood when acting in consort with economics. But most of all it calls for a vigorous engagement with conceptual categories and the theoretical and cultural underpinnings from which they have descended, with the clear intention of their dismantling.     

Decentralisation,Governance and the Structure of Local Political Institutions: Lessons for Reform?

Many governments are devolving power to elected local councils, hoping to improve service delivery and citizen representation by bringing officials closer to the people. While these decentralisation reforms hold the promise of improved governance, they also present national and sub-national leaders with a complex array of options about how to structure newly empowered local political institutions. This article draws on cross-national experience and the latest research to identify the trade-offs inherent in structuring local political institutions. The study's specific interest is in the impact of strong, locally elected councils on governance and representation. Proceeding from an empirical basis that competitive elections are vital for the legitimacy and efficiency of local political institutions, the analysis first questions the impact of four institutional features – central versus local control, local executive versus local council authority, local council structure, and the role of parties – on service provision and fiscal solvency. The article's second section analyses the impact of decentralisation on political representation, with a particular focus on the role of institutional design in combating the threat of extremist parties. A final section summarises empirical findings and advances some policy-relevant conclusions.     

Performance Regimes—The Institutional Context of Performance Policies

Performance measurement, targeting, reporting and managing of public services has spread across jurisdictions in recent years. The most usual stance adopted by governments in developing performance policies has been shaped by principal-agent theory and a hierarchy of principal-agent relationships from core executive to service delivery. Such notions have been challenged from several directions, both in theory and empirically. Writers on accountability and those analyzing the “audit explosion” and the growth of “regulation inside government” have pointed to the way in which multiple actors and accountabilities have grown. Drawing on these and other sources this article develops a “performance regimes” perspective that offers a heuristic analytical framework of the main groups of institutional actors who can (but do not always) attempt to shape or steer the performance of service delivery agencies. The aim is to create a framework that can be applied comparatively to study changes in total performance regimes over time and between jurisdictions and sectors.     

Injured but Not Yet Dead: A Bottom-Up Perspective on the Swedish Governmental Commissions

This article analyzes the recurrent “erosion thesis” in the governance literature, arguing that bureaucratic or procedural public-sector institutions have come to play a less significant role in public-policy formation. Evidence from the Swedish policy-making institutions referred to as “governmental commissions” and adoption of the perspective of interest organizations support the claim. Using various theories of institutional change, I show that increased government control has reduced the influence of governmental commissions on policy, but not eliminated the belief held by interest organizations that the commissions are legitimate institutions.     

The Impacts of Different Regulatory Regimes on the Effectiveness of Public Procurement

The combination of two reforms in Russia, reform of public-sector entities and of public procurement, enables us to estimate the results of a transition from rigid to more flexible regulations in public procurement (PP). We consider two public universities in 2011–2012. The procurements of one university were regulated by rigid Federal Law during the entire period; the procurements of the other university were regulated by Federal Law until June 2011 and then by a more flexible regulation. Using the difference-in-differences methodology, we assess how the transition to this new regulation affects the main PP parameters. We show that more flexible regulation leads to a decline in bid competition but improves contract execution.     

Unveiling the Features of a Regulatory System: The Institutional Grammar of Tobacco Legislation in Mexico

The United Nations will host a drug policy summit in 2016. This will be a good forum to evaluate the effectiveness of existing legal frameworks. The institutional grammar tool can help with such evaluation. This article uses the tool to analyze the inherent features of tobacco regulations in Mexico. The analysis shows that the legal framework seeks to curb consumption with a combination of information and choice rules, and administrative penalties. As the analysis reveals, the usefulness of the method depends upon the availability of a solid theory that allows one to link rule features and the behavior they expect to induce.     

英国执行机构改革及其对我们的启示

英国执行机构改革的国际地位及其当前在我国产生的影响使其备受瞩目。本文对执行机构改革背景及针对的问题、执行机构体现出的组织模式多样化原则、执行机构的管理体制、执行机构的改革趋势等进行系统描述讨论。其目的在于阐明 :执行机构改革的核心理念是机构类型和组织模式的多样化 ,其性质是一场管理革命而非机构的革命。在此基础上 ,就英国执行机构改革对我国的启迪提出一些个人看法。     

Weber and ‘legitimate domination’: a theoretical critique of Weber's conceptualisation of ‘relations of domination’ ∗

In this paper it is argued that Weber cannot provide a consistent account of the maintenance of systems of ‘legitimate domination’. This argument is based upon an examination of Weber's fundamental concepts of ‘actio’ and ‘behaviour’ and their theoretical relation to Weber's ‘ideal-typical’ approach to the phenomenon of ‘domination’. Through this examination it may be seen that Weber fails to determine the specific ‘natural’ and ‘social’ conditions of forms of domination. Furthermore, Weber's theoretical position can be seen to result in an implicit attempt to combine irreconcilable ‘natural’ and ‘ideal’ forms of determination.     

How and why capitalisms differ

Abstract

The variety of capitalism school (VOC) and regulation theory (TR) are both analyses of the diversity of contemporary national economies. If VOC challenges the primacy of liberal market economies (LME) and stresses the existence of an alternative form, i.e. coordinated market economies (CME), TR starts from a long-term analysis of the transformation of capitalism in order to search for alternatives to the Fordist regime that emerged after the post-Second World War era. Both approaches make intensive use of international comparisons, challenge the role of market as the exclusive coordinating mechanism, and raise doubts about the existence of a ‘one best way’ for capitalism. Finally, they stress that globalization does deepen the competitive advantage associated with each institutional architecture. Nevertheless, their methodology differs: VOC stresses private firm governance, whereas TR considers the primacy of systemic and macroeconomic coherence. Whereas for VOC there exist only LME and CME, TR recurrently finds at least four brands of capitalism: market-led, meso-corporatist, social democrat and State-led. VOC seems to consider that the long-term stability of each capitalism can be challenged only by external shocks, but TR stresses the fact that the very success of a regulation mode ends up in a structural crisis, largely endogenous.