反腐的关键:规制行政裁量权

行政裁量权由于其可能导致肆意和专断,因而成为腐败的重灾区。因此,反腐的关键在于规制行政裁量权,保证行政裁量权在法治的轨道上运行。行政裁量权的规制属于复合规制模式,包括立法规制、行政规制、司法规制以及权利规制四种规制路径。然而规制模式有其内在的局限性,公众参与作为民主理论在行政过程的投射,其所具有的民意表达、利益协商、程序正义等功能和优势,可以实现对行政裁量权的有效规制。建立起公众参与的配套制度,并完善公众参与的程序设计,可以实现对行政裁量权的有效规制,促进反腐倡廉建设的健康发展。     

Impact of the Arts on Individual Contributions to US Civil Society

Abstract

Many studies have emerged in recent years examining the impact of the arts on educational outcomes, physical and mental health outcomes, local economies, and community well-being. Yet considerably less attention has been given to the impact that participation in the arts has on social behaviour that promotes a civil society. This study seeks to remedy this gap in the literature by examining the effect that both audience-based arts participation and direct participation in the arts have on three measures of civil society. We rely on data from the General Social Survey, which offers information on the arts participation behaviour of a random sample of adults living in the USA (n?=?1.341). Multivariate analysis is used to estimate the effects of audience-based arts participation as well as personal participation in the arts (creating art) on three dimensions of civil society: Civic engagement, social tolerance, and other-regarding behaviour. We find strong evidence that the arts enhance civil society. Both audience-based participation in the arts and personal participation in creating art are linked to higher levels of civic engagement, higher levels of social tolerance on some dimensions of the measure, and higher levels of other-regarding behaviour. Our findings have important implications, in that they demonstrate a strong association between the arts and individual-level social outcomes that contribute to the health of civil society.     

Business as usual? Civil society organizations in a marketized Swedish welfare state

ABSTRACT

This article aims to examine the participation of pensioners’ organizations in a context of marketization within local elderly care. The literature on New Public Management (NPM) points out different views on the effects of marketization on the participation of civil society organizations within the decision-making process. One view states marketization implies less of participation by civil society organizations since this stands in conflict with inherent values of NPM, such as efficiency and the citizen as customer on a market. An opposite view states that marketization does not cause this effect, i.e., civil society organizations participate in the same manner as before. The empirical investigation consists of results from a questionnaire sent out to pensioners’ organizations in Swedish municipalities with a marketized elderly care. The main result is that marketization does not cause any major crowding out effect on civil society organizations from the decision-making process. However, according to the survey, there exists a variation in this respect – participation varies between municipalities.     

From the Balconies to the Barricades,and Back? Trajectories of Participation in Contentious Politics

Scholars have long been interested in explaining why some individuals engage in civil society through acts of protest while others do not. However, what happens after individuals are involved? Using a nationally representative panel data set that follows Americans from 1965 until 1997, I show that almost half of participants either engage in ‘individual abeyance’, moving in and out of engagement over time, or disengage. I examine the role of socio-political orientations, resources, biography or life-course factors, and group affiliation in predicting patterns of civil society participation over time. Past work suggests that persistent activists differ from those who disengage due to the formers’ particular socio-political orientations. However, I show that there are no significant differences in these orientations between those who persist and those who do not. Instead, biographical changes and engagement in political groups are the most important factors predicting persistent participation over time.     

行政法视野下的公众参与制度

参与民主理论的发展,催生参与式行政的兴起,使之逐渐成为各国所普遍接受和采用的现代行政管理模式。参与式行政将公众纳入行政过程,促进行政的民主化、理性化、科学化。处于社会转型时期的中国,参与式行政是一项逐渐发展中的系统工程。通过分析公众参与的行政法价值,探讨构建公众参与制度的关键,为行政领域公众参与的法治化提供有价值的参考。     

浅析公民参与和公共管理的实现

公民参与是公民试图影响公共政策和公共生活的一切活动。它是现代公共管理不可或缺的重要环节,是促使公共部门实现其公共责任和良好治理的一个重要手段。广泛的公民参与是国家民主政治建设的重要内容,也是公共政策制定的基石。因此,要采取一些积极的措施,为公民参与扫清障碍,拓宽公民参与的途径。     

A Review of: “With God on Our Side: George W. Bush and the Rise of the Religious Right”∗

Recent evidence supports the important political role that political network size and distribution plays at both the individual and system levels. However, we argue that the evidence is likely stronger than the current literature suggests due to network size measurement limitations in the extant literature. The most common approach to measuring political network size in sample surveys—the “name generator” approach—normally constrains network size measurement to three to six individuals. Because of this constraint, research often undercounts individual network size and also leads to a misrepresentation of the distribution of the underlying variable. Using multiple data sets and alternative measurement approaches, we reveal that political network hubs—individuals with inordinately large network sizes not captured by name generators—exist and can be identified with a simple summary network measure. We also demonstrate that the summary network size measure reveals the expected differences in communicative, personality, and political variables across network size better than name generator measures. This suggests that not only has prior research failed to identify network hubs, but it has likely underestimated the influence of political network size at the individual level.     

Substance Abuse Prevention Among High Risk Youth

The abuse of alcohol and other drugs (AOD) by youth is, once again, on the rise, emphasizing the need for prevention intervention. This article discusses the research on the prevention of substance abuse among youth who are identified as especially vulnerable to, or at high risk of, AOD abuse. The individual, interpersonal, and institutional risk factors associated with substance abuse among youth are described. Research on prevention programs for high risk youth is presented next, with a consideration of the methodological problems associated with this research. Despite the problems noted, the findings suggest there may be some effective methods of preventing substance abuse among high risk youth. The article concludes with a discussion of implications for prevention practice, as well as social policy.     

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.