社会主义市场经济与人民代表大会制度

近代代议制民主的产生依赖于市场经济体制的确立。社会主义国家在建国之初都选择了走代议制民主———我国称为人民代表大会制度的道路 ,但计划经济体制限制了社会主义代议制民主的发展。我国社会主义市场经济体制的建立 ,对人民代表大会制度产生了重大影响 ,也提出了更高的要求     

论人民代表大会制度的改革和完善

改革和完善人民代表大会制度应从以下方面着手:改革选举制度,扩大直接选举范围,差额选举国家机关正职领导人,实行以竞争为中心的公开公正的选举程序;改革代表制度,人大代表要与企业家身份脱离,政府官员不宜兼任人大代表;调整人大及其常委会的功能,扩大常委会立法权,实行常委会的专职化;改革人代会的议事程序和议事方式,延长会期,由常委会全体会议审议法案;改革人大常委会工作机构的工作方式,为人大代表及常委会组成人员提供更全面有效的服务。     

再论理性“官僚制”

韦伯的理性官僚制模式，是迄今为止在大型组织中运用得极为广泛的组织形式。但官僚制模式在进入后工业社会和信息时代后，受到理论界的猛烈的批判和严峻挑战。然而，从历史唯物主义的角度看，作为一种高度理想化的纯粹的组织机构形式，它所体现的工具理性价值，对现实的公共行政改革仍具有现实借鉴意义。     

The High Representative and directoires in European foreign policy: the case of the nuclear negotiations with Iran

ABSTRACT

The negotiations with Iran about its nuclear programme have seen the most protracted involvement of the High Representatives of the European Union in a high-profile policy case. This article traces the evolution of the High Representatives’ participation in the negotiations, from the first contacts with the E3 (Germany, France and the United Kingdom) in 2003 to the adoption of the Joint Comprehensive Plan of Action in 2015. It focuses on the institutional role the High Representatives played in relation with the directoires leading the talks with Iran – first the E3 and, since 2006, E3/EU. In this context, it examines the personal and organisational factors that affected the influence each of the three High Representatives (Javier Solana, Catherine Ashton and Federica Mogherini) had in regard to the directoires. The analysis distinguishes specifically between the phases before and after the 2009 Lisbon Treaty. The article shows how similar personal qualities of the three High Representatives in terms of problem-solving and trust-building gave them political capital that enabled them to adopt a fairly constant role as bridge-builders within the directoires and between the directoires and other actors. The reforms of the Lisbon Treaty had only a minor impact.     

The State of the Art of Child Hearings in Germany. Results of a Nationwide Representative Study in German Courts

According to German family law, in family court proceedings that deal with custody or access rights, family judges are obligated to personally hear the child if the feelings, ties, or will of the child are significant for the decision. In a research study commissioned by the Federal Ministry of Justice, a nationwide representative survey of all judges compiled their personal information and their attitudes and expectations as well as various parameters regarding the concrete practice of hearing children. Also, with a very complex methodological design, over 50 children and their parents were studied one week in advance of the hearing, directly before and after the hearing, and four weeks following the hearing. The results of the study are presented, particularly those pertaining to the burden and relief for the children and the expectations of judges. The practical experiences of family judges in personally hearing children are included as well.     

规则、权力与行动:韦伯经典科层制模型的三大假设及其内在张力

从韦伯构建社会理论的内在逻辑规则-权力-行动的分析框架上来看,其所设计的以高效率运行为目标的经典科层制模型蕴含着三大基本假设:即完全理性假设、一元制权力支配假设和中立人行动假设。无论从科层制模型的内在逻辑上来分析,还是从哥伦比亚学派和法国组织社会学学派翔实的实证研究上来探讨,科层制理论所蕴含的基本假设内含着三大张力:(1)理性规则的刚性与行动的自主性之间的张力;(2)正式权力的僵化性与行动的策略性之间的张力;(3)单一行动与多元行动之间的张力。这三大张力在现实的科层组织运行中形成了三大削平机制,实现了科层组织的动态平衡与持续发展,从而一方面祛除了科层制理性神话之魅,一方面破灭了极端批判者科层制消亡论的谶言。中国作为官僚制的故乡,西方的理论分析和实证研究为我们认识、理解并发展中国式科层制模式提供了基础与参照。     

Castoriadis and the Modern Political Imaginary—Oligarchy,Representation, Democracy

Abstract

This article examines the link between oligarchy and the notion of representative democracy, which for Castoriadis also implies the bureaucratisation of society. However, in an argument with and against Castoriadis, one has to decipher modern oligarchies before launching into a radical critique of the principle of representation. There is a diversity of representative democracies, and the complexity of modernity comes from a mixture of oligarchy, representation and democracy. Even though the idea of democracy has evolved, we do not live under representative democracies but under liberal oligarchies. Direct democratic procedures and representative elements can sometimes be gathered in order to create new forms of political commitment. The main problem is avoiding a concentration of powers, which cannot create the conditions for the emergence of democratic institutions.     

科学构建党外代表人士队伍建设评价体系

科学合理地考核评价党外代表人士队伍建设成效,必须构建科学的党外代表人士队伍建设评价体系,使之成为党外代表人士队伍建设过程的重要依据.科学的党外代表人士队伍建设评价体系,包括党外代表人士队伍建设评价体系的基本要素和遵循的原则.构建科学的党外代表人士队伍建设评价体系,还须经过多方面的努力.     

How responsible is 'responsive' government?

The work of John Rohr focuses primarily upon the constitutional dimension of the work of public servants, most particularly, but not exclusively, career civil servants employed in central government. In stressing public service ethics as a form of constitutional practice Rohr's aim is to help reinforce the legitimate role of career public servants in government and to remind practising public bureaucrats (and academics and politicians) of the nobility of the 'administrative vocation' of state service, a somewhat daunting task in today's political climate. In this article I examine Rohr's work to see what ethical light it might throw upon recent and ongoing political attempts to make the British public administration more 'responsive'. I do so, first, by outlining the main themes of Rohr's work and their location within the US constitutional tradition. I then proceed to discuss the extent to which they translate into other constitutional contexts. Finally, I attempt to put Rohr's work to use in discussing aspects of civil service reform in Britain under recent Conservative administrations and that of the present New Labour government.     

Bangladesh Politics: Confrontation,Monopoly and Crisis in Governance

Despite the restoration of parliamentary democracy in Bangladesh since 1991, political governance of the country is still mired by innumerable ills. It broadly features a wide array of confrontation, competition, monopolization of state institutions and resources by the party in power. This trend of politics has tremendously weakened the formal accountability mechanisms and put governance in crisis. This article depicts the nature of confrontational politics in Bangladesh, its causes and impacts on governance with supportive evidence from both primary and secondary sources. As case examples, it shows how bureaucracy and local government institutions are grossly politicized as a result of confrontational politics and their impact on governance.