权利能力概念的形成和变迁

为了表达法律人（Person）承担权利的资格这种属性,实现法律概念的精确化,德国学者提出了权利能力的概念。然而,由于权利的意志之力本质和无意志者的权利能力之间的矛盾以及权利能力平等和权利能力限制之间的矛盾,权利能力概念的内涵处于不断变化之中。总体来看,权利能力概念的形成使得法律人的概念解体了,人的要素分化为人格、权利能力等个别的制度。而权利能力在本质上仅仅是法律人在实证法上的一种属性。     

试论突发公共事件管理应对能力

突发公共事件严重威胁公众的生命健康和财产安全,影响经济发展和社会稳定。现代政府必须全面增强应对突发公共事件的能力,当危机爆发时尽量减少危机带来的损失,将危机消灭在萌芽状态。我国政府在长期应对突发公共事件的过程中积累了一些经验,但也存在许多问题和不足,须从预警、决策、社会力量动员等九个方面提高应对突发公共事件的能力。     

Implications of Pseudologia Fantastica in Criminal Forensic Evaluations: A Review and Case Report

Pseudologia fantastica, a psychological phenomenon that has been described in the literature for at least a century, is an understudied and poorly understood entity. Sometimes referred to as pathological lying, pseudologia fantastica involves disproportionate fabrication that may be present for many years or a lifetime. In a forensic context, it can significantly complicate the evaluation of capacity to stand trial and, in certain jurisdictions, criminal responsibility. We review the current literature regarding pseudologia fantastica and present a case to highlight the clinical and forensic challenges it may create. We specifically discuss the complications that pseudologia fantastica may have on the assessment of a defendant's rational ability to consult with an attorney, a required element of capacity to stand trial. In addition, we discuss the implications of pseudologia fantastica in the evaluation of criminal responsibility.     

From ‘Doctor Knows Best’ to Dignity: Placing Adults Who Lack Capacity at the Centre of Decisions About Their Medical Treatment

In 1989, the House of Lords first derived a ‘best interests’ test for the medical treatment of adults who lack capacity from the doctrine of necessity and, now codified, the test continues to apply today. The Mental Capacity Act 2005 sets out a non‐exhaustive checklist of relevant considerations, but it gives no particular priority to the patient's wishes. There is also no formal expectation that the patient will participate directly in any court proceedings in which her best interests are to be determined. This article will consider the advantages and disadvantages of providing additional guidance to decision‐makers in order to help them navigate both taking seriously the wishes of people who lack capacity and, at the same time, not abandoning patients who need help and support. More specifically, this article advocates formalising current best practice in the Court of Protection through the introduction of a series of rebuttable presumptions, or starting points.     

Administrative Capacity Building of Public Administrations Under the European Financial Assistance

From a European perspective as referring to EU member states, which are receiving European financial assistance, the idea of assessment of the countries＇ administrative capacity represents a priority and an issue of concern not only for the new member countries but also for the all the member countries. Based on its functions, public institutions should perform an evaluation or measure their administrative and organizational capacity performance when significant changes occur, in order to facilitate the necessary improvements for their organizational and administrative capacity. Following these considerations, after studying the literature concepts about the administrative capacity and based upon an empirical research, this article aims： （1） to classify the European countries （EU27） according to their administrative capacity, based on some relevant identified indicators as following the European Commissions＇ reports from the official websites; and （2） to identify and analyze the influence and effects that strategic management and project management have on the administrative capacity of Romanian public administration using a survey which analyses the performance of the Romanian public administration.     

知识吸收能力对服务创新绩效影响的实证研究——来自服务外包企业的经验证据

知识吸收能力对服务型企业的服务创新绩效有着重要的影响.本文选择企业竞争优势和客户满意度作为衡量企业服务创新绩效的重要指标,从理论上分析了知识吸收能力对企业竞争优势和客户满意度的影响,并以服务外包企业为例,运用结构方程模型进行了实证研究.研究结果表明：知识吸收能力的提高有利于增强服务外包企业的竞争优势和提升客户满意度,进而提高企业的服务创新绩效.     

中国特色现代大学制度的运行机制分析

我国现代大学制度建设的理性设计趋于成熟,如何保障现代大学制度的执行力显得尤为重要,而执行的关键又在于科学地建构运行机制。据此,本研究运用系统论思想,从制度的运行主体、结构和程序及其各要素立体互动关系的角度,探讨在运行主体方面学校、政府、社会之间的联动机制,在运行结构方面内部治理结构与外部治理结构的耦合机制,在运行程序方面大学章程与高校董事会制度的规约机制,以期形成具有中国特色的现代大学制度运行机制。     

Enlargement,Institution-Building and the EU's Administrative Capacity Requirement

Does the EU governance of the Central and Eastern European candidate states unleash a process of Europeanisation? It is argued here that the current enlargement has generated its own mode of governance, characterised by asymmetry and conditionality. Enlargement governance has recently focused on developing administrative capacity or 'institution-building', defined as the creation of institutions necessary for the adoption and implementation of the acquis communautaire. This article examines horizontal administrative reform and attempts to define the conditions determining the success or failure of the EU's efforts in institution-building. The absence of common EU rules and norms, and the variation of domestic preferences about administrative reform, lead to varying degrees of success in administrative institution-building.     

The Relationship Between State Government Performance and State Quality of Life

Abstract

This article examines the relationship between government performance and quality of life in the American states. We contend that the management capacity of state governments should have direct, tangible impacts on the overall social and economic well‐being of state citizenry. In order to test this idea, we examine the influence of state management capacity (using the 1999 Government Performance Project grades), alongside other economic and political variables, on two prominent measures of state quality of life—The Morgan Quitno “Most Livable State” Index and State Policy Reports' (SPP) “Camelot Index.” We find that both state economic conditions and governmental policy priorities have significant impacts on state performance levels. But, our results clearly indicate that the management capacity of state governments also contributes directly to improving the overall quality of life for state citizens.     

Impacts of Institutional Rules and Spatial Context on Public Management

Abstract

Public management occurs within institutional and spatial contexts that define constraints and shape opportunities for public action. Importantly, the creation, adaptation, and nurture of institutions are socially valuable results of governmental action. Similarly, all human action occurs in and has effects in spatial contexts. The quality of life available to humans is dramatically affected by location and making places more valuable is an important goal of much public policy. Analyses at the nation state level find government creation and maintenance of institutional rules supporting democratic polities and market‐based economies are the most important factors in the long‐term economic performance of nations. When considering institutional context at the regional and local levels, or in specific policy arenas, at least three measures—(1) existing capacity for collective action; (2) complexity; and (3) volatility—need to be considered. Spatial contexts can be usefully analyzed along several dimensions, including structure of the economy, distribution of assets/liabilities and public, business, nonprofit and household activities, geography and population dynamics, among others. Estimating transaction costs of collective action can be a common entry point into analyses of institutional and spatial contexts. Both analysis and practice of public management will be advantaged by systematic attention to institutional and spatial context.