我国检察权配置的反思与重构

当前检察权配置不足导致检察机关侦查监督乏力,审判活动监督弱化及公诉权赢弱,不能实现权力制衡和诉讼效益。应重新配置检察权,加强职务犯罪侦查权,实现对公职人员遵守法律状况的刚性监督;完善侦查监督权,实现权力制衡;实行强制侦查行为检察批准原则,保障公民法律安全。     

The more the better? Rule growth and policy impact from a macro perspective

Do more rules improve overall policy performance? To answer this question, we look at rule growth in the area of environmental policy from an aggregate perspective. We argue that impactful growth in rules crucially depends on implementation capacities. If such capacities are limited, countries are at risk of ‘empty’ rule growth where they lack the ability to implement their ever-growing stock of policies. Hence, rules are a necessary, yet not sufficient condition for achieving sectoral policy objectives. We underpin our argument with an analysis of the impact of a new, encompassing measure of environmental rule growth covering 13 countries from 1980 to 2010. These findings call for ‘sustainable statehood’ where the growth in rules should not outpace the expansion in administrative capacities.     

Educational offer,education demand and institutional capacity

The present world is subject to some structural and institutional transformations unprecedented. The education-a public goods, a product and a process at the same time, is not different especially, since late modernization and modernity make education an essential vector of development. The present study insists on the triad educational offer, education demand and institutional capacity. It starts from the imperatives of knowledge society in globalization era and re-defines the educational market in the context of late modernity. Although the approach of the educational supply, the demand of education and competition on the educational market aims at a factorial analysis initially related to the realities in Romania, the issue is extended globally. The demonstration is simple enough, though the potential capacity （and the real one） of any institution of higher education management must be mediated on educational market. To this effect, the study insists on the objectives and aims of educational management. The premise to fundamentally define this type of management is that the intelligent models, the creative models and the strategic models of thought may contribute to the development of institutional （organizational） culture with axiological appliance, giving both identity and openness to diverse education. The study poses the problem of a new type of educational order, an educational order of a society based on knowledge.     

Critiquing Food Security Inter‐governmental Partnership Approaches in Victoria,Australia

Food security is an issue, not only in developing countries but also in developed economies such as Australia where people from vulnerable groups cannot access affordable and appropriate food on a daily basis. Agencies emphasise the need for collaborative approaches to such complex, multi‐sectoral challenges. This article analyses two inter‐governmental partnership approaches facilitating local government's response to food insecurity in 12 municipalities within the state of Victoria. We focus on the partnership approaches to collaboration, processes and structures, and collective outcomes. The comparative data analysis from in‐depth interviews and document analysis of project‐associated materials and municipal policies provides insight into the different partnership approaches. Results suggest that while strategically designed and focused inter‐governmental partnerships can build local government capacity to respond to food security, there are systemic, regulatory, and resource barriers in play. In conclusion, the implications of these findings for future inter‐governmental approaches to address complex challenges are considered.     

Policy Advice from Outsiders: The Challenges of Policy Co-construction

The nature of policy work in nongovernment organizations (NGOs) is important consideration when understanding policy co-construction. Based on the results from a Canadian web-based survey of policy workers across five fields across three provinces, a multi-regression structural equation model suggests how NGO policy work can contribute to a greater collaboration on key policy issues and greater policy interaction between societal organizations and government agencies. The frequency of formal and informal invitations by governments played an important role in terms of the overall levels of interaction and stakeholder input. Networking activity was found to be important when addressing consultative-related issues, but only with NGO networks or their clients. Involvement in the early stages of policy development by the NGO policy workers did not lead to greater engagement with government officials, which may be a potential problem when their advice is sought after.     

政府体制改革三十年：基于政府能力的框架分析

政府体制改革三十年的主题和基本价值取向是精兵简政、转变职能,提高政府能力.大部制改革为提升政府能力提供了机构上的支持.在政府能力的分析框架下,政府体制改革就是要尽快建立服务型政府、责任政府;关键是要克服政策制定中的部门利益倾向;重中之重是强化对权力运行的监督制约.     

Decisional Capacity and Personality Disorders: Substantially Unable or Substantially Unwilling?

Capacity assessments are performed when there is suspicion that a person is unable to adequately care for their physical, medical, or financial well-being. The purpose of these assessments is to inform the legal system as to whether or not guardianship may be necessary. It is well established that certain mental illnesses, such as neurocognitive disorders (dementia) or psychotic disorders (like schizophrenia), may diminish capacity and, in some cases, lead to the need for establishment of a legal guardian. However, personality disorders are another common category of mental illness which may impair decision-making. There is very little information in the literature about how or why these disorders could impair capacity, and thus, it can often be difficult to discern whether clients with personality disorders are substantially unable to care for themselves—versus unwilling to act in a way contrary to their ingrained habits. We present a series of three cases in which clients are determined to lack capacity primarily mediated by a personality disorder diagnosis. They are demonstrated to have mild deficits in cognitive functioning, but they show impaired decision-making out of proportion to these deficits. In all three cases, it is apparent that the personality disorder is substantially impairing their ability to care for themselves. Discussion includes consideration for ways to incorporate evaluations of cognitive function, activities of daily living, and personality considerations into capacity assessments, and how to approach recommendations (such as guardianship vs. less restrictive option) based on both level and scope of impairment.     

What is the opposite of corruption?

Corruption has turned out to be difficult to define and what should be counted as the opposite to corruption remains widely disputed. If the goal for a post-conflict society is not only to become democratic and prevent a return to violence but also to reduce systemic corruption, we need to know what it is that should be fought and how the opposite to systemic corruption should be conceptualised. To define the opposite to corruption, choices have to be made along four conceptual dimensions. These are universalism vs relativism, uni- vs multidimensionality, normative vs empirical and whether the definition should relate to political procedures or policy substance. As a result of this conceptual analysis, it is argued, a universal, one-dimensional, normative and procedural definition should be preferred. The suggested definition is that of impartiality as the basic norm for the implementation of laws and policies. This conceptual analysis ends with a discussion of why such a norm has historically and in the contemporary world been hard to achieve and why it is especially problematic in post-conflict societies.     

Measuring horizontal fiscal imbalance: the case of Italian municipalities

In the literature on fiscal federalism, vertical fiscal imbalance has been widely studied, while the theme of horizontal fiscal imbalance and inequality among local governments, due to differences in their fiscal capacities, has been less explored. This article contributes to fill the gap. A new method to compute fiscal capacities based on regression analysis is proposed, which can overcome some of the drawbacks of traditional methods such as the representative tax system. This new approach is then employed to evaluate the fiscal capacities of Italian municipalities over the period 2002–2010. Finally two global measures of the horizontal fiscal imbalance are used to evaluate the equity implication of a major policy change occurred in 2008 in Italian municipal finance.     

请求权性质之我见

请求权是民事权利体系的重要组成部分,然而从请求权概念产生之日起,对请求权的性质的认识就众说纷纭,莫衷一是。大体可以归结为权能说、救济说和债权说三种学说。权能说和救济说分别从请求权的渊源和历史角度定位,有一定的合理性,但并没有触及请求权性质。请求权与债权具有性质上的同一性,属于相对性结构的权利,这是请求权的性质所在。