The growth of policies,rules, and regulations: A review of the literature and research agenda

This article reviews the vibrant literature on policy growth in political science and adjacent disciplines, thus offering a conceptual framework for situating past and future research efforts and facilitating the engagement between them. The first part presents important concepts that capture policy growth or aspects of it (rule growth, policy layering, policy mixes, policy accumulation, policyscapes, the policy state) and dominant measurement approaches. The second part provides an overview of the main drivers of policy growth in advanced democracies, discussing the role of societal demands, political competition, institutional fragmentation, and bureaucratic processes. The third part outlines the multi-faceted and far-reaching consequences of policy growth for policy, politics, and the polity. While policy growth is often portrayed as the price to pay for upholding the democratic capitalist order in constantly modernizing and diversifying societies, the existing research also points to the negative consequences emanating from increased state activity. Policy growth not only threatens to overburden bureaucracies and thereby undermine policy effectiveness; it may also transform the institutional structure of the democratic state and make its politics more complicated and conflictual.     

行政规范性文件绩效评估的价值取向

行政规范性文件绩效评估是政府绩效评估中的重要内容,其对行政规范性文件能够起到有力的监控作用。明确行政规范性文件绩效评估的价值取向是开展评估活动的基础,既能使评估活动有一个正确方向,也能对评估活动起到指导作用。但在近年来的评估实践中,对其价值取向往往存在着许多错误的认识,如认为其仅限于促进社会经济发展、加强行政管理等方面,也有将其定位于普适性的价值,不切合行政规范性文件绩效评估的具体实践。行政规范性文件绩效评估作为一种专项评估活动,其价值取向应当体现在法治行政、人本法律观和服务行政三个方面。     

高校腐败犯罪研究

我国高校腐败犯罪数量突升,大案、要案居高不下;犯罪主体年轻化,领导干部涉案多;贪污受贿犯罪为主,窝案串案比例大;犯罪领域众多,后勤基建成高发区。造成这种状况,既有市场经济消极作用的原因,也有高校内部权力过于集中、管理制度存在缺陷、监督严重不力等方面的原因。因此,必须采取多项有效的防治对策,才能遏制高校腐败犯罪的发展。     

Domestic regulatory reform and transgovernmental networks: Brazil and China in the global competition regime

Developing countries increasingly participate in transgovernmental networks of global regulatory governance, but they do so in different ways. This article aims to provide an explanation for this variation for two of the major emerging powers in the world economy, Brazil and China, in their transition toward more active players in the global competition regime. Distinguishing between bilateral and multilateral transgovernmental networks and examining the domestic factors conditioning the transition of their national competition agencies from rule-takers to rule-promoters or rule-makers through these networks, the article makes theoretical contributions to the linkage between transgovernmentalism and the regulatory state. I argue that differing political needs and the incomplete process of regulatory state formation push domestic agencies to join transgovernmental networks, with a need for greater legitimacy steering the Brazilian regulators to multilateral networks and facilitating their transition from rule-takers to rule-promoters. The Chinese agencies' primary need for expertise rather than legitimacy, by contrast, led them to pursue technical assistance and cooperation via bilateral relationships. The Chinese approach has slowed its transition from rule-taker to rule-promoter where its norms and practices are aligned with the established powers. Such approach will further impede its transition into a global rule-maker in areas of competition law and policy where China's preferences diverge.     

监管失灵与市场监管权的重构

从中国市场监管权的制度设计看,明显存在定位模糊、设立缺乏合理考量、配置分散、监管者非专业性等缺陷,实质上是“政企不分”、行政主导的立法模式以及权力文化等体制痼疾在监管法制架构上的一种表象。因此,必须在推进市场化进程和政治改革的过程中,通过厘清政府经济职能、明晰政府经济职权的内涵和范围、重塑监管机构、设计适当的控制机制等路径,实现市场监管权的重构。     

"控权-平衡"--俄罗斯联邦行政法的理论基础

苏联解体后,俄罗斯行政法律制度发生了巨大变革,其行政法理论基础也出现了由传统的"管理论"到现代"控权-平衡"论的转变.俄罗斯行政法理论基础的"控权-平衡"论既不同于英美国家行政法的"控权法"模式,也不同于中国行政法学界所提出的"平衡法"模式,还有别于苏维埃行政法的"管理法"模式.俄罗斯行政法理论基础"控权-平衡"论的形成体现出对苏联行政法理论基础"管理论"的继承性,形成过程的动态性,受两大法系行政法理念影响的混合性的特点.     

论我国饮用水源保护法律调控的基本指导思想

因世界性饮用水源紧缺和污染所导致的饮用水源危机,不仅严重威胁着人们的生命健康和生存,而且随时可能引发国际政治问题。因此,饮用水源的保护被提上了世界各国的议事日程,并成为国际社会共同关注的焦点。可持续发展战略作为一种新的发展模式,是当代人类的普遍共识。本文在分析的基础上提出我国饮用水源保护立法应当以可持续发展为基本指导思想,以期对完善或创新我国饮用水源保护法律调控的理论和实践提供依据和思路。     

The Role of Policy Brokers: The Case of Biotechnology in Kenya

Debates about biotechnology continue to be polarized despite its potential to improve the living standards of the poor in Sub‐Saharan Africa. In the backdrop of this polarized scenario, this paper asked, is there a place for brokers in bringing about a productive debate that is pro‐development? The paper argued that if potential intermediaries are analyzed from the perspective of understanding their role and stakeholding in the regulatory change process, this may help breakout the current polarized anti‐ and pro‐biotechnology debates and thereby focus on how to enable productive biotechnology development. Informed by insights from innovation brokering, the functions of brokers in biotechnology regulation are analyzed through the lens of organizations involved in agricultural biotechnology debates in Kenya. The analysis found that policy brokering function attracts varying opportunities and challenges appropriate for informing relevant policy. The paper drew lessons from Kenya's experience to inform a productive policy brokering model for biotechnology regulation.     

Judiciaries as crucial actors in Southern regulatory systems: A case study of Indian telecom regulation

This article addresses regulatory reforms in the Indian telecommunications sector and emphasizes the role of the Indian judiciary. Our claim is that when confronted with a series of disputes relating to the nascent telecom regulatory landscape, the Supreme Court of India sought to make a constructive contribution to both the actual disputes as well as the overall regulatory framework. Our reading of these cases suggests that in the sphere of telecom, the Supreme Court has been less interested in stamping its own authority on issues, and has instead sought to bolster the authority and legitimacy of the recently constituted telecom regulatory institutions. We seek to draw attention to the role of the Indian judiciary as marking an exceptional feature of evolving regulatory systems in the Global South. Conventional wisdom in the regulatory jurisprudence that has evolved in the Global North suggests that judiciaries should have little or no role to play in regulatory systems. We suggest that to overcome the special challenges that regulatory systems in the Global South confront, more established institutions and actors might have to lend credibility and legitimacy to enable nascent regulatory actors to develop over time. At least in the Indian case, this is one way to understand the Indian judiciary's interventionist actions in the sphere of telecom regulation.     

The political economy of regulatory change: The case of British merger control

This article aims to explain the broader evolution of British merger control. To this end it outlines a novel critical political economy perspective on regulation and regulatory change which differs from established political economy approaches, such as the regulatory capitalism/state perspectives, in three main ways: it places regulatory ideas at the heart of the analysis, it differentiates between different degrees of regulatory change, and it links regulatory change in delineated issue areas with changing power balances between fractions of capital and labor. The application of this perspective to the analysis of the evolution of British merger control provides some important new insights, most notably that the content, form, and scope of merger control in Britain have been deeply transformed in accordance with neoliberal ideas since the 1980s and that this process, which was part of a broader regulatory and ideational shift, was premised on the ascendancy of transnational capital.