论官僚的经济人性质、危害及其治理——公共选择理论的官僚经济理论述评

公共选择理论在分析政治市场中官僚的行为动机时,引入了经济学中的"经济人"假设,并以此为基础,对官僚的经济人性质及其危害和治理进行了系统的剖析,从而形成了颇具特色的官僚经济理论.这一理论撕开了传统政治理论覆盖在政府官员身上的理想化面纱,触及了官僚关注自身利益的本质动机,有助于理性地认识政府机构及其工作人员.但是,公共选择理论用"追求个人利益最大化"的经济人倾向来解释官僚在政治过程中的一切行为,则存在明显的局限性.     

论行政案卷排他原则的运作原理——听证者与决定者的统一机制

行政主体内部的管理体制,使得听证者和决定者在形式上必然是分离的。由决定者必须听证发展到听证者必须决定,再发展到案卷排他,才使得听证者和决定者达到完美的统一。而且案卷排他,通过案卷这个"隔音空间",使得机关决定和行政首长的个人决定也达到了完美的统一。最后,案卷排他,通过政策、经验和专业考量等裁量因素的入卷,使得行政首长最后的决定程序也变成了看得见的程序。     

Theory building: the debate between modernist and interpretive social science in the pursuit of democratic governance

Bevir’s Democratic Governance advances a new theory of governance. The theory rejects reliance on bureaucracy, market and community on the one hand, and strives to embrace a participatory and deliberative rationality to achieve democratic governance on the other. The fundamental question remains: in what ways can his theory ease the tension and bridge the gap between democracy and bureaucracy? If readers are interested in the development of a more coherent theory on public administration or prefer a more balanced perspective in the study of democratic governance, this book serves as a good start, though it may not be able to give you the ultimate answer.     

Some Enchanted Bureaucracy

With group psychology and business management hand in hand, a major cultural imperative is to strengthen the intensity and intimacy of corporate human resources programs. Stressing an ethic of authentic individuality, the human resources industry seeks to leverage the competitive spirit into a rationale for the collaborative spirit. In so doing, it reflects a profound change in the meaning of vocation. Bureaucracies must compete for the commitment of authenticity-seeking individuals with a freewheeling leisure market that rewards work with social entertainment experiences. The business environment must redefine itself as a social activity center that mirrors rewards available outside the workplace, blurring the lines between work and play and self and other. By elevating teamwork to social instinct as the mode of production, human resources practices contribute to a deepening recognition that bureaucracy must be re-enchanted in order to survive amid the same ethic of individuality that powers contemporary market capitalism.

Looking towards the East: the High Representative’s role in EU foreign policy on Kosovo and Ukraine

ASBTRACT

My article addresses the role of the two post-Lisbon High Representatives (HRs), Catherine Ashton and Federica Mogherini, in EU approach to the Eastern neighbourhood. Adopting a broad conceptualisation of EU foreign policy and drawing on the scholarly literature on new intergovernmentalism, it focuses on events that marked the HRs' mandates in the cases of Kosovo and Ukraine. In the case of Kosovo, it examines the HRs' role in the conclusion of the so-called Brussels Agreement (April 2013); and of the August 2015 agreements. In the case of Ukraine, it reconstructs how the HRs dealt with the events leading up to the November 2013 Vilnius Summit; and with those leading up to the conclusion in February 2015 of the Minsk II Agreement. The article argues that the European Council exerts tight control over the post-Lisbon HR, and EU foreign policy-making processes more generally. Nonetheless, the empirical analysis demonstrates that, under certain circumstance, the HR can significantly influence EU foreign policy in the post-Lisbon era.     

以德行政：后官僚制对官僚制的超越

西方现代化国家的行政改革经历了从官僚制向后官僚制的发展。在我国行政改革过程中,理论界提出了接纳官僚制或超越官僚制的种种设想。官僚制奉行行政本位与规则中心,而后官僚制则具有行政道德化倾向,体现出公民本位与责任中心的特征。基于中国的社会性质与现实国情,以德行政应成为我国行政改革的方向。当然,这是一个需要不断发展与完善的制度化过程。     

“立宪”的隐微与显白——评张君劢的《穆勒约翰议院政治论》

张君劢精心选择了《代议制政府》而不是《政府论》进行译介。这暗示了张君劢的独特立场。借此,他运用别样的翻译技巧并借助特殊的作品形式,表达了其的立宪立场和宪政实现的策略。作品透露出来的方法和策略深远地影响着张君劢的宪政思想和实践。     

The impact of women above the political glass ceiling: Evidence from a Norwegian executive gender quota reform

Women have historically been underrepresented in democratic assemblies, particularly in top positions with executive powers. Most gender quota reforms address this by mandating a more equal gender representation on election lists. In contrast, a 1992 legislative reform in Norway required parties' candidate lists for the local executive board to comprise at least 40% politicians of each gender. This legal change was not only exogenously imposed by a higher-level government, but also generated distinct quota-induced constraints across Norwegian municipalities. We exploit the resulting variation in ‘quota shocks’ using a difference-in-differences design to identify the quota's effect on women's political representation as well as local public policies. We find that more women enter the executive board after the reform, though spill-overs on women's representation in the local council and on the probability of a female mayor or top administrator are weak. We also find no consistent evidence for shifts in public policies due to increased representation of women in positions with executive powers.     

行政法的利益代表模式与行政自由裁量权的控制

行政法的利益代表模式是由美国著名行政法学家斯图尔特针对行政法的传统模式而在《美国行政法的重构》一书中提出来的，该模式强调公民参与在行政自由裁量权控制中的作用。但是，利益代表模式作为一种控制行政自由裁量问题的普遍方案存在诸多缺陷。     

A look into the mirror: Preferences,representation and electoral participation

Voting Advice Applications (VAA) are often praised as tools helping users to find their best matching candidates or parties. Using such tools, so the claim goes, might trigger a positive impact on electoral participation. We show that the relationship between VAA usage and the intention to take part in elections indeed exists. The mechanism through which users are drawn to the polls or, inversely, detracted from taking part in the elections is, however, primarily working through the extent with which users' preferences overlap with those of the political parties running in the campaign. The further users find themselves away – in terms of this overlap – from the political parties, the higher the probability of a VAA deterring this user from participating.