论民事诉前鉴定程序及其建议——以诉前鉴定试点情况展开

从部分法院开展民事诉前鉴定的实践来看,谁来主导诉前鉴定、如何选定鉴定机构、诉前鉴定的范围问题一直是拷问民事诉前鉴定程序是否合法、高效的关键。在认识层面上,应肯定民事诉前鉴定属于司法鉴定或证据收集的法律地位,肯定其具有多元化解及提升审判质效的巨大优势。在实践层面上,应结合当前人民法院诉讼服务中心建设以及审判团队建设两个关键,探索运用由法官助理主导、鉴定人员参与的法律及技术双重审查路径,这样既可克服当前司法实践中谁来主导诉前鉴定的问题,又能使得鉴定程序“审鉴分离”,达到民事诉前鉴定充分扩大适用的法律效果。     

Coordination outside formal organization: consensus-based decision-making and occupation in the Occupy Wall Street movement

Previous work has shown that a vital component for successful collective action is formal organization, in particular because it facilitates internal coordination. But how is coordination achieved in the absence of formal organization? To answer this question, this article presents findings drawn from an ethnographic study on Occupy Wall Street (OWS) in New York City. It first introduces the concept of ‘autonomy’ to discuss the particular challenge faced within the decentralized structure of OWS of developing coordination. It then shows how the practice of holding mass assemblies and the occupation of Zuccotti Park itself each served, in incidental and unintentional ways, as mechanisms of coordination. These findings confirm previous work on the importance of coordination and build upon it by demonstrating that not only is coordination possible outside formal organization, but that it is also in some cases achieved without conscious intention. This suggests the utility of moving beyond an overly rational understanding of social action by acknowledging the inevitability of unforeseen outcomes.     

Shifting the paradigm of prison suicide prevention through enhanced multi-agency integration and cultural change

This study examines an unusually sustained reduction in suicide rates in a local London prison during the three year period 2008–2011. The likelihood of this reduction taking place by chance was <2:100,000, and its perceived success was such that the prison service recommended an evaluation of its characteristics. This study arose from that recommendation, and it used a retrospective case study multi-method approach (including factor identification, qualitative interviews and triangulation with official documentation) to identify factors which had been associated with the reduced suicide rates. The results endorsed a number of factors which have already been internationally identified as best practice, along with some local innovation factors. Two further pivotal factors emerged through analysis, and they are the key to service improvements. These factors – senior management support for cultural change and cross-professional collaborative working – indicate that positive leadership and multi-agency integration are vital ingredients.     

What Do Voters Want From Their Local MP?

This article summarises the findings from a study of what constituents want from their local Member of Parliament. 1 We make use of a survey technique known as conjoint analysis, wherein we present a national sample of British voters with profiles of hypothetical MPs who vary randomly in their characteristics, activities and behaviour. We find that voters like MPs who are independent from the party line and who do not focus exclusively on national policy work. MPs' gender and experience matter far less to constituents. Overall, voters want a Parliament made up of strong‐minded MPs who see their role as that of a constituency representative. This has important implications for parliamentary democracy in Britain.     

Crowding Out Meritocracy? – Cultural Constraints in Chinese Public Human Resource Management

This paper seeks cultural explanations of the pervasive norm violations against the principle of meritocracy in Chinese public human resource management especially at local levels. It reveals that a bureaucratic culture of patrimonial individualism, including favouritism, nepotism, localism, and factionalism prevailing within Chinese officialdom as the ethos, value, psychological disposition, and behavioural orientation of civil servants, has undermined the development in China of a modern meritocracy‐based civil service system. With 14 case studies, this research demonstrates that the Chinese civil service institutions, derived from an opposite culture of hierarchical collectivism, failed to address the cultural constraints over the implementation of the meritocracy principle. The conceptual framework, as well as the case findings, points to legislative and policy reforms in China that would address the problems derived from the unique Chinese bureaucratic culture through further institutional design and capacity building.     

Relationships between Policy Academics and Public Servants: Learning at a Distance?

The cultures and practices of the public service and academic researchers are very different. However, there are areas of common interest in policy and governance, and some potential for building closer relationships. Public servants make direct use of academic research only in exceptional circumstances. Nevertheless, there are other ways in which academic expertise can be useful and influential. This article surveys the international literature on the ways in which practitioners make use of external expertise, including academic research. It also considers whether the heightened interest in ‘evidence‐informed policy’ might provide avenues for mutual influence between practitioners and academics.     

有效应对危机 推动服务型政府体制创新

危机事件以其固有的突发性、破坏性,冲击着现行的公共管理体制及社会秩序,考验着国家的政府管理能力。为了有效应对危机,国家要从法律上确认服务型政府对危机管理的权力及使用边界,政府必须(而且也能够)承担起有效应对危机的责任,实现服务型政府危机管理体制创新。     

发达国家行业协会发展模式及其比较

行业协会作为一种制度安排,其发展模式取决于市场经济体制模式、产业组织状况和社 会经济发展水平。不同社会经济及文化背景下产生的行业协会,与政府和企业的关系不同,在性质和功 能上具有不同的特点。     

加强公务员公民意识教育的思考

党的十七大报告第一次明确提出的加强公民意识教育的问题，是社会热点问题之一。公共意识教育的对象是全体公民，但重点对象是公务员。我国公务员公民意识教育中存在法治意识不强、道德意识滑坡、责任意识缺乏、平等意识缺失等问题，必须完善公务员公民意识教育的内容和途径。     

犯罪现场勘查的组织与指挥

公安机关刑侦部门在犯罪现场勘查过程中，指挥员经常会出现组织与指挥思路不清晰，缺少组织与指挥的艺术性和创造力，这将直接影响现场勘查质量，进而影响破案率，因此现场勘查的组织与指挥是一个值得研究、探讨的问题。