现代政府改革理念与澳门公共行政改革

“服务行政”、“责任行政”、“学习型政府”是引导现代公共行政改革的三大理念。澳门回归后进行的公共行政改革在打造服务型政府、责任政府和学习型政府方面,采取了一些卓有成效的改革措施,呈现出以民为本、注重咨询、强调协作、稳健推进的改革特色。     

邓小平的责任思想与“责任政府”建设

当前,“责任政府”建设成为行政现代化中的热点话题。实际上,从中国政治体制改革的初期起,邓小平就提出了以责任为核心的行政管理思想,包括建立严格的责任制、加强对政府的监督、提倡“领导就是服务”三个方面。在这种思想指导下,我国的政府管理体制改革呈现出明显的责任趋向;同时,这一思想某种意义上也成为“责任政府”思想在中国的发端,为中国行政现代化的进一步发展奠定了基础。     

完善我国政府间责任划分与支出分配的法律思考

中央政府与地方政府间的责任划分及支出分配是政府间财政关系的核心,也是财政体制力图解决的根本性问题。文章通过分析我国政府间责任划分与支出分配的法律制度现状及存在的一系列问题,提出应建立以《宪法》为根本,以《预算法》、《政府间责任法》、《税收基本法》为主导,以《财政收支划分法》、《政府间转移支付法》等相关法律为主体的法律体系,使我国政府间责任划分与支出分配进一步明确和完善。     

论刑事被害人国家补偿制度的基本理论和主体

近年来,我国犯罪数量逐年递增,受司法能力和犯罪分子个人经济状况制约,每年有相当规模的刑事被害人难以从犯罪分子手中取得基本的赔偿。通过对从国外引入一系舛相关学说的批判,并结合社会契约理论,提出了有限国家责任说。刑事被害人国家补偿的理论体系应以有限国家责任说和社会保险说为主要理论构件。以社会福利说为辅。并对刑事被害人国家补偿作了内部区分。通过对刑事被害人国家补偿的补偿主体进行探讨,进而提出了补偿慷慨原则。     

师德构成要素浅析

我国教育自古有着优良的师德传统,在当前,师德建设面临新的时代课题,需要新的丰富和发展。文章从分析师德的含义出发,论述了师德的构成要素,详细剖析了师德的三个核心构成要素“教师善”、“教师公正”和“教师责任感”,在此基础上总结归纳了师德的价值。     

节能减排强化政府生态责任

党的十七大报告中,明确提出加强能源资源节约和生态环境保护,增强可持续发展能力;十一届全国人大一次会议上的政府报告中,温总理提到“十一五”规划纲要要把节能和减排作为约束性目标。如何实现节能减排？这就要求在进行工业化、现代化发展过程中,建立节能减排的道德约束机制、监测体系、法规以及绿色经济管理制度等,落实政府节能减排工作责任制。通过强化政府生态责任,加强各种有效措施,促进人与白然、社会的和谐发展。     

Comprehensive analysis and investigation of accident/occupational disease responsibility rates: A case study for accidental CO poisoning

One of the major problems of courts and insurance companies is the lack of a proper technique to determine the rate of responsibility of the parties involved in the accident. The aim of this study was to determine the Accident/Occupational Diseases Responsibility Rates (AOD RR) for complex events. Accordingly, a case study of a complex accident of carbon monoxide (CO) poisoning was selected and Occupational Accident Tree Analysis (OATA) and Occupational Accident Component Analysis (OACA) techniques, which were solely used to investigate occupational accidents, were used with the new names Accident/Occupational Disease Tree Analysis (AOD TA) and Accident/Occupational Disease Component Analysis (AOD CA) to evaluate their applicability to investigate non-occupational accidents and occupational diseases. For this purpose, causes of CO penetration to victims’ room was assessed using gas tracking methods. Finally, Fuzzy Accident/Occupational Disease Tree/Component Analysis (FAOD TA and FAOD CA) techniques were developed and used for determining AOD RR in fuzzy environment. The results showed that the AOD RR obtained by AOD TA and AOD CA based on the average of experts’ personal opinions and consensus between experts, and AOD TA and AOD CA in a fuzzy environment were close to each other, with the power terminal and the power cable crossing route being the main routes of transmission and penetration of CO to the victims’ room. Also, the owner, contractor, tenant, and serviceman were responsible for the CO poisoning of victims. It can be concluded that any hole, crack, or fission in the building can result in CO penetration to the individuals’ living rooms, and gas tracking in early winter, especially in older buildings, plays a very significant role in preventing residents’ poisoning. Further, due to the uncertainty of AOD TA and AOD CA techniques, it is recommended to use FAOD TA and FAOD CA techniques for increasing the accuracy of the results. This will enhance the court and insurance companies’ trust in the opinions of accident investigation experts, decrease delays in the proceedings, and prevent any violation of the individual rights.     

African solutions to African problems? The AU,R2P and Côte d'Ivoire

The African continent is inextricably linked to the development of the Responsibility to Protect (R2P) norm and the latter's ethical interpretation of the duties associated with state sovereignty. With the African Union (AU) having institutionalised R2P in its legal-institutional foundation of 2000, the stage seemed set for the new African Peace and Security Architecture to demonstrate the continent's ramped-up interventionist approach to security. One of the first cases that presented an opportunity to do so was the humanitarian crisis that erupted after the 2010 elections in Côte d'Ivoire. As the crisis unfolded, however, it became clear that the AU was not only unable to operationalise its institutionalised R2P mechanisms, but indeed reluctant to invoke R2P explicitly. This raises serious concerns about the AU's willingness to intervene in its member states when humanitarian atrocities are perpetrated by governments against their own people, and throws into serious doubt the AU's promise to provide ‘African solutions to African problems’.     

对当前公安执法监督的薄弱环节及加强执法监督有效性的思考

当前公安执法监督要解决的突出问题可概括为三个方面:一是端正执法思想的问题;二是提高执法质量的问题;三是增强监督预警的问题。我们要以突出执法监督为重点,建立执法监督的快速反应机制;破解端正执法思想和强化责任追究的难点,建立科学高效的评估和预警机制;针对“五条禁令”、“四个坚决”和涉案财物管理的热点,切实加大整治力度。     

Motorcyclists’ fatalities in multiple crashes: Who is responsible for death? (three cases)

In Italy in 2007, 26% of two-wheeled motor vehicle injury/fatalities concerned motorcyclists. However, it is rare (4%) that a motorcycle (MC) crashes with two other road users and even more exceptional is a crash between a MC and three other vehicles. In general, in MC–vehicle crashes, the vehicle driver is at fault in more than 50% of the cases and the motorcyclist in 37%. The study concerns three MC lethal road accidents in which the culpability of the motorcyclist's death was questioned by the prosecutor because it was supposed that one or more vehicles ran over the motorcyclist after a fall. The crucial question in these three cases was if it was possible to assign injuries to a specific crash-aetiology and to assign/exclude the responsibility of motorcyclist's death to a defined subject (motorcyclist himself and/or car drivers) after a crash-dynamics study made by an engineer consultant or by the police authority. Case (1) A 56-year-old motorcyclist on a highway had a front–rear end collision with a car that suddenly stopped; he was therefore projected against a concrete traffic island, thrown on the soil and run over by another car. Case (2) A 29-year-old motorcyclist on the East ring road fell on the soil, perhaps by a supposed front–rear end contact with a car and was run over by two cars in rapid succession. Case (3) A 34-year-old motorcyclist on the North ring road fell suddenly on the soil for unknown reasons; during first aid, the medical team around him was run over by the ambulance which pushed after a rear-end collision with a car. A stepwise analysis of the indicated crash dynamics and an evaluation of all the injuries revealed at autopsy, the study proposed, when possible, injury aetiology for each case and the related responsibility assignments and exclusions.