非公企业工资集体协商问题研究

工资集体协商问题，早在2000年我国颁布的《工资集体协商试行办法》中已作相应规定，但这一法律制度近年才得到应有重视，非公企业工资增长机制并未得到相应建立。因此，非公企业工会的维权工作，应得到政府的强力支持，其谋求劳动者收入同企业利润增长保持同步的努力，是符合有关生产要素分配理论的。     

法定法官原则：我国管辖制度改革的新视角

我国司法实践中,常出现通过改变案件审理者而影响审判结果的现象,这与我国缺乏法定法官原则有关。法定法官原则要求法院按照预先设定的标准确定案件的管辖法院和审判法官,而不能在纠纷诉诸法院后自由裁量。我国管辖权制度改革也应当贯彻此原则,规范管辖权转移、明确级别管辖标准、禁止随意分配案件的审判法官。     

论地方政府在关注弱势群体中的责任

随着社会主义市场经济体系的不断完善和改革的深入推进,弱势群体问题已经成为影响我国社会稳定和制约经济可持续发展的因素之一,备受社会各界的广泛关注.因此,各级地方政府应在关注并切实解决弱势群体问题的实践中勇于承担责任,履行职责,为实现经济社会平稳较快发展保驾护航.     

Balanced Scorecard Implementation in a Local Government Authority: Issues and Challenges

Over the last decade the balanced scorecard (BSC) has emerged as a popular strategic performance measurement and control system within various public sector organisations as it assists in effectively implementing strategy and in measuring performance. This article investigates whether the implementation of a BSC has been of value to a large Local Government Authority (LGA) within Australia. The research takes a thematic approach to identify the issues, challenges and lessons learnt in relation to the design and implementation of the BSC, which is accomplished through a review of annual reports, published relevant documents and semi‐structured interviews with 13 senior managers of various programs and divisions within the LGA. Future research opportunities are also identified in this area.     

Public Sector ‘Modernisation’: Examining the Impact of a Change Agenda on Local Government Employees in England

Can public sector reform change service performance for the better? This is a hotly contested debate that carries significant theoretical and practical importance. In England, as in many countries, modernisation was at the heart of local government reform and represented an interpretation of New Public Management into a policy framework. This paper examines the role of the modernisation change agenda in England and what this has subsequently meant for ‘service improvement’. Drawing on both document analyses and qualitative interviews with local government employees, we find that while modernisation sought to establish continuous improvement, unintended consequences of modernisation have led to Staff Reductions, Skill Deficiencies, and Loss of a Competent Middle Core in local government, as well as performance outcomes creating an environment for Commissioning, Service Reduction, and Self‐Policing. Implications for the lasting roles and behaviours of public managers affected by this national change agenda are discussed, and conclusions for theory and practice are drawn.     

Conflicts of preferences and domestic constraints: understanding reform failure in liberal state-building and democracy promotion

This paper challenges the common explanations that failures of external state-building and democracy promotion are the result of a lack of domestic capacity or a lack of domestic willingness against an externally set liberal agenda of state-building and democratisation. Studying political decision-making on a micro-level, we argue that both explanations fail to capture the multi-faceted motivations and interests of domestic actors that go beyond mere ‘resistance’ against externally induced liberal reforms. Rather, criticism of reforms might be rooted in ideas of social justice and claims to socio-economic security. Furthermore, these explanations tend to overlook the need for domestic elites to bargain with various domestic stakeholders. A case study of Croatian public administration reform illustrates that failure of externally promoted reforms remain an option when significant international resources are available for liberal state-building and the target of reform is a relatively mature bureaucracy.     

‘Faulty’ fiscal illusion: examining the relationship between revenue diversification and tax burden in major US cities across the economic cycle

We investigate how revenue diversification affects tax burden in major U.S cities as it interacts with fiscal balance reported in the general fund over the economic cycle. We find that more diversified cities have higher tax burdens, and that this effect is strengthened when cities maintain a large surplus in the general fund. We also test models of revenue diversification's impact on tax burden using data from 1995 to 2010, separated into good fiscal years (1995-2001, 2004-2007, 2010) and bad fiscal years (2002-2003, 2008-2009). Model estimates show that greater revenue diversification leads to higher tax burden in bad fiscal years but this outcome is not found in good fiscal years. Cities seek greater revenue diversification when they are experiencing economic recessions. This study contains important implications for local financial management and contributes to the literature on revenue diversification and tax burden.     

Auditing party democracy: the case of Canadian party constituency associations

Political parties are often assessed on the basis of participatory democratic theory, which emphasises the importance of openness, inclusiveness, and responsiveness as the markers by which we can measure their democratic quality. This approach can be contrasted with competitive democratic theory that emphasises the centrality of fairness, transparency, and accountability to the democratic assessment of parties and other democratic actors. We apply these contrasting frameworks to a democratic audit of one set of party institutions and actors: the grassroots constituency associations maintained by Canadian parties. We illustrate how the outcomes of such assessments are deeply informed by the frameworks employed.     

法院“人财物”问题研究——以法院审判权的独立行使为视角

我国之所以出现法院对地方政府的依赖以及地方政府对法院审判权的不当干预现象,根本原因在于目前法院的"人财物"管理方式存在制度性缺陷,即法院行政化的人事制度、依赖政府财政拨款的经费保障制度与现代审判权的运行规律存有内在冲突。它"后台"式地消解着法院的独立性,必须建立以符合法官职业特性和审判权运行规律的"人财物"管理制度,这是审判权独立运行的基石。     

地方性法规设定行政处罚的空间

从地方治理的现实需要出发,无论地方创制性立法设定“其他行政处罚”,还是地方执行性立法补充、增设违法行为与行政处罚,皆有其必要性与合理性。行政处罚法第12条第3款,赋予了地方执行性立法以行政处罚补充设定权,为确保地方立法机关合理行使该项权力,有必要对其适用空间加以厘定。为避免行政处罚过.多过繁,地方立法机关补充设定行政处罚时,应当遵循“非必要不设定”的原则,并综合考虑义务内容的确定性、合理性和可履行性,以及违法行为的可认定性等多项因素。地方性法规补充设定的行政处罚,只能限于上位法规定的行政处罚种类,且不能突破_上位法规定的处罚幅度。