诺齐克的边际道德观述评——兼谈自由主义的个人自由的局限

诺齐克的边际道德是国家和社会组织行为的最大值,并且在该最大值的范围内有效地调节着个人之间自由权的行使,以实现个人最大可能的自由.本文指出了诺齐克的边际道德理论内涵,以及它怎样调节国家组织的行为和个人自由权的实现,并指出了诺齐克理论中存在的一些不足之处.尽管存在这些不足之处,但是不能否认的是诺齐克的边际道德理论确切地为社会和个人提出了一种行为标准,从而丰富了西方的自由民主理论,对社会主义民主的发展也有一定的借鉴作用.     

我国政府采购体系的构建——以政府采购的“四元结构”为视角

政府采购制度是一个有机的体系,由各个相互区别又相互联系的子体系构成。本文从政府采购的理论体系、法律体系、管理体系和监督体系“四元结构”入手来探讨我国政府采购体系的建设。     

公共行政的范式转换及其政府信任问题

政府信任是政府和公众之间基于公共利益的博弈互动关系,符合公共利益的行政价值理念将为政府提供持久的、合法的信任源泉。从官僚制到新公共管理,由于片面注重管理主义工具价值,而忽视公共利益和民主价值,不可避免地面临着政府信任的困境。民主行政作为新公共行政的学术识别系统,坚持和发展公共利益价值取向,实现价值理性和工具理性的统一,符合人类理性与社会公共利益均衡健康发展的内在需要,必然会全新构建和强化公众与政府的互信合作关系。     

我国私有财产权宪法保护的若干问题与完善

2004年宪法修正案使私有财产权第一次在我国宪法中有了它的地位。但也存在着合法的私有财产的界定,公、私财产宪法地位是否平等,私有财产权的宪法正统地位等问题,这些问题都可以通过宪法解释加以完善。为了实施2004年宪法保护私有财产权的这一修改,建立我国违宪审查机制是当务之急。     

公民的基本权利与宪法保障

保障公民的基本权利是宪法最主要、最核心的价值。近代宪法是在保障公民基本权利的过程中产生的,保障公民的基本权利是宪法永恒的主题。基于经济、政治和文化的发展,我国要通过修宪和宪法解释工作进一步确认一些与中国社会发展和人们生活息息相关的必要的基本权利,并通过规范国家权力和加强司法救济等手段来确保公民基本权利的实现。     

Citizens’ Perceptions of Governance in Rural and Urban China

This article presents three main findings from a purposive stratified survey of urban and rural residents. First, Chinese citizens “disaggregate” the state with high levels of satisfaction for Central government that fall dramatically as government gets closer to the people. Satisfaction levels are noticeably lower for those in rural China. Second, attitudes about the way policy is implemented by local governments raise concerns. Irrespective of place of residence, respondents feel that when implementing policy local officials and governments are mainly concerned with their own interests, are more receptive to the views of their superiors rather than those of ordinary people, favor those with money, and are formalistic in implementing policy rather than dealing with actual problems. Third, the areas of work that citizens would really like government to concentrate on are job creation and providing basic guarantees to protect against the shocks of the transition to a market economy. Tony Saich is the Daewoo Professor of International Affairs, Kennedy School of Government, Harvard University and Director of the Harvard University Asia Center. His recent research focuses on the development of social policy in China, particularly on the provision of public goods by local governments. His publications include Governance and Politics of China by Palgrave and edited volumes on Financial Sector Reform in China (with Yasheng Huang and Edward Steinfeld) and AIDS and Social Policy in China (with Joan Kaufman and Arthur Kleinman both by Harvard University Asia Center. He would like to thank Edward Cunningham for his great help in preparing this article. He also wants to thank Victor Yuan (Horizon Market Research Company) for his tremendous help in designing the survey and implementing it. In addition, I would like to thank Anita Chan, Martin King Whyte and two anonymous reviewers for their extremely helpful comments on an earlier draft.     

International Organizations ICTs Policies: E‐Democracy and E‐Government for Political Development

New technologies provide new channels of access to political information and participation in decision‐making processes. This assumption is clearly important in the action plans and policies of International Organizations (World Bank, Organisation for Economic Co‐operation and Development, United Nations), which have assumed a leadership role in the reform of political institutions. Starting from an analysis of the reasons that have brought the state and processes of institution building back into focus, this paper will reconstruct the International Organizations' vision of the transformative potential of new information technologies and their activity in this field. Particular attention will be devoted to e‐democracy and e‐government as policies to build democracy in developing countries.     

The Combet Case and the Appropriation of Taxpayers' Funds for Political Advertising – An Erosion of Fundamental Principles?

This article contains a critical discussion of Combet v The Commonwealth (2005) and the reasons given by the High Court in that case, for dismissing the legal challenge to the present government's political advertising campaign in support of its Workchoice legislation which was conducted before the publication or enactment of that legislation. It also deals with the implications of the case for the declining significance in modern times of the parliamentary appropriation process as a means of ensuring the accountability of governments for the expenditure of taxpayers' funds. The article concludes with a discussion of the possibility of future parliaments (regardless of their political complexion) reasserting their control over the appropriation process and restricting the use of government advertising for political purposes.     

Social Capital and Public Policy – The Current Challenge Facing the Victorian Government

Social capital, since Putnam's 1993 work, has captured the imagination of policy‐makers the world over, and Australia is no exception. In 2005 the Department of Victorian Communities launched its Actions for Community Strengthening policy statement, which draws heavily on social capital theory. This article explores the theoretical underpinnings of the government's policy and critiques its failure to deal adequately with the causal relationship between social capital and its supposed community benefits. The article then seeks to isolate the missing factors through a look at recent research on volunteerism and argues that the institution of collaborative/interactive governance needs to be underpinned by sound socio‐economic reform.     

地方政府执行力问题探析

政府执行力是维系一个政府机构生存和发展的决定性力量。提高政府执行力,是加强执政能力建设,推动政府工作落实,实践和落实科学发展观的重要保证。