论我国地方立法存在的问题及其解决

地方立法是我国立法的重要内容,我国地方立法存在缺乏必要性、具体性、越权严重、冲突广泛、操作性差等问题;这些问题导致大量立法资源被浪费,不利于法的价值的实现、社会主义法制的统一、法律作用的实现,法律适用无所适从、地方保护主义合法化。地方立法存在问题的原因主要是地方立法目的不当、立法主体立法技术的欠缺、地方立法主体观念滞后、立法依据不明、相应的国家机关怠于履行立法监督职责。解决地方立法问题的出路在于端正立法目的、更新立法观念、实行立法专业化、明确地方立法依据、强化立法监督责任,建立地方立法“良法”标准等。     

Policy Reforms and Evolution of Market Structure in an Emerging Economy: The Case of India

Policy reforms have facilitated entry of quite a few transnational corporations (TNC) into Indian industries. This has important implications for the evolution of competitive industrial structure. This article focuses on the issue of the response mechanism of local firms to competition from new entrant TNCs and the possible strategies of TNCs in penetrating the Indian market. It develops a conceptual framework by incorporating elements of intangible assets theory and new institutional economics into a simple sequential entry oligopoly model. This yields interesting insights into qualitative behaviour of firms in the post-reforms period. A few hypotheses drawn from the conceptual framework are empirically tested on the basis of firm level panel data drawn from a set of Indian industries.     

谯都花比洛阳妍--亳州牡丹文化浅探

亳州是一座历史古城,在明代已经成为全国牡丹栽培中心,亳州牡丹中心的形成有其独特的历史原因和文化背景,因此,亳州牡丹也包含了独特的地方文化心态。亳州牡丹诗歌从牡丹的颜色、香味、形态、韵味等方面呈现了亳州牡丹的独特之处。亳州牡丹不仅有较强的审美价值,还有较高的经济价值,在对牡丹的药用价值开发的过程中体现了亳州人的经济观念和商业智慧。     

THE DESIGN AND USE OF PERFORMANCE INFORMATION IN INDONESIAN LOCAL GOVERNMENTS UNDER DIVERGING STAKEHOLDER PRESSURES

Public sector managers in less developed countries are confronted with opposing forces. A lack of sufficient resources along with a tradition of corruption are obstacles for developing and using performance measurement systems. However, recent public sector reforms in less developed countries, including decentralisation and anti‐corruption programmes, stimulate the development and use of such systems. On the basis of a framework, which distinguishes different types of stakeholders, each with particular performance interests, we analyse how public sector managers are coping with the two opposing forces, given the relative power positions and the interests of their stakeholders. On the basis of four cases studies of local government agencies in Bali (Indonesia), we found that with respect to the annual performance reports, managers in these agencies focus more on fulfilling the formal requirements regarding the format of these reports and on their timely submission than on their contents, which are all symptoms of a symbolic rather than functional use of performance information. However, the reports include information on inputs that is linked to similar information in short‐term reports, which the managers use in a functional manner. These managers show a kind of juggling behaviour, in the sense that they partially try to serve conflicting performance interests. Copyright © 2012 John Wiley & Sons, Ltd.     

PLANNING AND PARTICIPATION IN CITIES THAT MOVE: IDENTIFYING OBSTACLES TO MUNICIPAL MOBILITY MANAGEMENT

The dual processes of rapidly transforming cities and administrative decentralisation demands that local government address human mobility as a means of countering urban poverty. Despite this imperative, local authorities are often poorly equipped to address the needs of poor and transient residents. Through an examination of four South African municipalities, this article helps to identify three critical factors working against effective responses: poor data and conceptual bias; institutional ambiguities and budgeting processes; and, ironically, participatory planning. Although any one of these could serve as a basis for an article, by taking them together, we better summarise the challenges' scope and outline areas for further research and policy intervention. The article concludes by considering these findings' practical and scholarly implications. Copyright © 2013 John Wiley & Sons, Ltd.     

A Cautionary Tale: Council Amalgamation in Tasmania and the Deloitte Access Economics Report

Contemporary Australian public policy has come to rely increasingly on technical reports produced by commercial consultants in contrast to the traditional approach, which employed disinterested public servants to generate the specialist information required to inform decision makers. This approach is fraught with problems, not least the fact that ‘hired guns’ have strong incentives to create the ‘answers’ sought by their employers. By way of a ‘cautionary tale’, this paper examines the empirical evidence adduced in favour of radical amalgamation of Tasmanian local authorities in Local Government Structural Reform in Tasmania, produced by Deloitte Access Economics (DAE) (2011), and commissioned by the Property Council of Tasmania. In particular, the paper provides a critical analysis of the econometric modelling undertaken in the DAE (2011) Report. We find that if the DAE model is re‐estimated – employing alternative functional forms – then the empirical evidence in support of Tasmania council merges evaporates.     

Heightening Leadership Effectiveness in Local Governments of Uganda: ‘Challenge the Process’ for Organisational Support

ABSTRACT

Leadership effectiveness is an enviable characteristic in public as well as in private organisations. This article presents a discussion of the leadership practice known as ‘Challenge the Process’; within the context of Bushenyi district local government administration in Uganda. The discussion reveals that the leadership practice of ‘challenge the process’ influences the organisational climate and can be influential in generating change within an organisation. The study also demonstrates that Bushenyi district employees associate the behaviour patterns of their leaders and supervisors with the organisation. Based on data collected, the argument is that the leadership practice of ‘challenge the process’ positively influences employees’ perceived organisational support in Bushenyi local government of Uganda. The conclusions are in agreement with Kouzes and Posner (2002) that leaders who ‘challenge the process’ can achieve extraordinary results and improve employees’ perceived organisational support.

The article recommends that in the current environment of local government administration in Uganda be characterised by a democratic political dispensation and private-public sector initiatives; leaders should consider not merely being mindful of the rules and standing instructions in public administration; must be innovative, willing to take risks, and challenge assumptions about the way things have always been done in order to increase employees’ perceived organisational support. As stressed by Kouzes and Posner (2002), leaders in local governments can promote the resourcefulness of employees at work through the practice of ‘challenge the process’.     

Desired or deserving leadership? A reflection on the leadership exercised in local governments of Uganda

Abstract

The article presents survey findings of the leadership styles exercised in local governments and examines whether leadership influences organisational performance in Uganda's local governments. Based on survey findings from Bushenyi District, both transactional and transformational leadership styles are evidently exercised in Uganda's local governments. The study findings further reveal that leadership behaviours in Bushenyi District are often characterised by idealised influence (behaviour), inspirational motivation, high laissez-faire leadership and high management-by-exception (passive). As a result, there is increasing job insecurity among subordinates, which undermines the internal organisational ability to perform. Four sub-counties in Bushenyi District were selected for the purpose of this research. Using Multifactor Leadership Questionnaires (MLQs), data were derived from 123 respondents (36 leaders and 87 raters).     

Financial transitions in the PRC: banking on the state?

The reappearance of substantial debt in China after 2008 has refocused attention on the sustainability of the existing financial ‘model’. It’s not just that ‘traditional’ forms of bank-centred debt have re-emerged, but that the informal ‘shadow banking’ sector also seems increasingly fragile, generating debts that do not seem easy to repay. Explanations for the current situation focus on the way in which China responded to the global financial crisis, and on the incentives that exist to go outside the formal and more regulated banking system into often riskier activities. But there are more fundamental structural issues. The current financial system contains within it some of the dna of its predecessor, while the spatial distribution of power and authority is inextricably linked to the way the financial system functions. While it might be possible to tinker with some elements of current financial problems, the relationship between local government financing, land, the banking system and key economic sectors makes it difficult to resolve more structural issues without taking a holistic approach; one that would have fundamental consequences for the nature of the Chinese state, and the distribution of power within it.     

Community Participation in Spatial Planning: Exploring Relationships between Professional and Lay Stakeholders

The literature that explores relationships between lay and professional stakeholders in community participation generally suggests that professionals perceive five main difficulties in working with lay people: it is unnecessary within democracies; lay people lack expertise; they are not representative; there is commonly a lack of trust, and decision-making is made more complex. In respect of spatial planning in South West England, from survey evidence these difficulties are not so apparent except in respect of complex decision-making. It is likely that the variation between the literature and the survey is influenced by the longer heritage of community participation in the spatial planning process in England, than in most other local authority services.