略论行政违法的概念及其构成要件

行政违法是指行政主体及行政公务人员违反行政法律规范但尚未构成犯罪而应当承担行政责任的行政行为。其构成要件包括:主体为行政主体及行政公务人员,所侵害的是受行政法律规范所保护的行政关系,实施了违反行政法律规范的行为,实施行政违法行为时主观上有过错。探讨行政违法行为,对于追究行政主体及其公务人员的法律责任,推进依法行政、建设法治政府等具有重要意义。     

Between Government and Governance: Opening the Black Box of the Transformation Thesis

The notion of going from government to governance, known as the transformation thesis, as depicted in early Governance Theory has been subjected to substantive critique. This paper explores two different stances of such critique. The first critical stance is represented by Jonathan S. Davies’ 2011 book “Challenging Governance Theory: From networks to hegemony” and entails a radical rejection of the transformation thesis. The second stance offers a more moderate reconfiguration of the transformation thesis and is represented by the recently co-authored work of several prominent governance theorists titled “Interactive Governance: Advancing the paradigm”. While both aspire to set new agendas for governance research, this paper argues that the latter reconfiguration carries a problematic preposition towards overemphasizing the separation between government and governance practices.     

Mapping EU agencies as political entrepreneurs

The European Union relies on decentralised agencies to implement important transnational regulations, such as certifying the safety of medicines. However, the authority of these agencies does not have ‘hard’ legal status and crucially depends on disseminating ideas and information effectively: what can be termed ‘political entrepreneurship’. This article provides the first comprehensive analysis of the political entrepreneurship of EU agencies by constructing a conceptual typology of entrepreneurial strategies. Drawing conceptually on transnational public administration, a new database is constructed of the ‘entrepreneurship’ of 33 EU agencies in 2014 based on their media communication activities, face‐to‐face networking in workshops and collaborations, and knowledge dissemination and ‘learning’ exercises. This is mapped against the political salience of agencies in the European Parliament and media. The mapping exercise shows four types of entrepreneurial strategies covering the population of EU agencies: technical functional, insulating, network‐seeking and politicised. The typology is validated through semi‐structured interviews in 11 EU agencies, showing the core characteristics of each type of strategy. The article concludes by arguing that this typology provides an important addition to existing categories of EU agencies based on autonomy and accountability, and advocates a future research strategy examining the interaction between agencies’ entrepreneurial strategies and the expectations and reactions of stakeholder audiences.     

Conceptualising a Framework for Effective Performance Measurement in Cultural Precinct Development and Operation

The purpose of this paper is to firstly identify and synthesise critical measurement themes in extant academic literature concerning performance measurement in cultural precincts. Secondly, the paper posits for consideration a holistic and systematic framework (which embraces those themes) for developing appropriate performance measures for cultural precincts. The outcomes in this paper (a) confirm and clarify the complexity of performance measurement needed, (b) furnish a framework for practitioners embarking on the development of such measures, and (c) indicate the conceptual and pragmatic challenges faced in developing and enacting appropriate and meaningful measures for cultural precincts. Consequently, this paper serves as a conceptual positioning paper and a practical embarkation point for practitioners willing to engage with and pursue this phenomenon. Thereby, it endorses more dialogue on and further research and analysis of performance measurement in government operated cultural precincts.     

莫迪执政以来印度海洋安全战略的观念与实践

2014年莫迪在印度执政以来,引领印度经济持续快速发展,印度其对外贸易、国内民生与国家安全对海洋的依赖越来越高。莫迪政府清醒认识到海洋特别是印度洋对印度的安全与发展的关键意义,并于2015年起适时调整海洋安全战略,将2007年确立的以“自由使用海洋”为主题的海上军事战略在有所继承的基础上调整为以“确保安全的海洋”为主题的海洋安全战略。这说明印度在自由使用海洋的过程中,遭遇了多样的海上安全挑战。来自海上以及发生在海上的安全风险直接影响到印度的对外贸易和海上运输、海洋经济活动的展开、海岸和港口城市的安全、海外资产与海外公民的安全,最终危及印度的国家安全。印度调整海上安全战略,明确以印度洋地区为首要利益区,同时加强以印度海军为主体的海上安全保障力量,为之确立多样任务目标下的军事战略,并积极采取有针对性的海上军事行动。同时,印度政府还通过外交手段,与周边邻国、关键的地区大国或国家集团以及全球大国建立双边和多边海上安全机制来应对多样的海上安全威胁,维护海洋安全,最终服务于印度的经济发展和国家安全,并为印度寻求印度洋的主导地位积累资本、创造条件。     

行政公益诉讼原告资格的设定

在行政公益诉讼中,由于受损的是公共利益,因而在诉讼中由谁来提起诉讼则显得尤为重要。对于建立我国行政公益诉讼制度而言,考虑到我国行政诉讼法的价值取向和司法实践,结合域外行政公益诉讼的发展趋势,应赋予我国公民个人、社会组织和检察机关具有行政公益诉讼原告资格。     

执政安全与党内民主建设中的风险防范

维护执政安全,防控执政风险,是执政党巩固执政地位的必然要求.执政党的执政风险可能来自多个方面,其中包括执政党自身的民主建设状况,故必须加强党内民主建设,发展党内民主.如果在党内民主建设中出现原则性偏差或措施失当,有可能在党内造成思想多元、成员分层、组织分派、政治权威降低等,从而削弱党的凝聚力和战斗力,进而威胁党的执政地位和党的生存发展.因此,在推进党内民主建设时,必须强化风险防范意识,并从目标、方向、道路、制度、程序等方面着手,探索出一条增量式、渐进式的党内民主发展道路.     

NATO: The United States, Transformation and the War in Afghanistan

During the Bush years, NATO exhibited in stark form two trends which have long characterised its development: periodic exposure to crisis and division, and a subordination to American leadership. Despite signs of American indifference towards the alliance, talk of the Bush administration levering a break with NATO was always overstated, particularly so during its second term of office. Views of NATO after 2004 were shaped by Afghanistan giving rise, in fact, to a return to the alliance on America's part. NATO remains important to Bush's successor but on terms which are as demanding as those of his predecessors. NATO, in other words, is valued in so far as it accords with current US foreign policy priorities. The safest assumption in this regard is that Obama will continue to favour the trend towards a global NATO pursued by the Bush administration. However, retreat (or defeat) in Afghanistan could hasten a contrary trend towards a consolidating NATO with a renewed concentration on the wider Europe.     

Bush: The Sequel

This article examines the likely foreign policy initiatives of the U.S. under the leadership of George W. Bush. The new president has outlined a fairly thorough critique of America's international behavior in the 1990s. Because a leader's public statements arguably serve to persuade various audiences and to build support for policy change, the article takes Bush's words quite seriously—along with those spoken or written by his closest foreign affairs advisors. Bush intends to abandon the so-called Clinton Doctrine and deploy national missile defenses. He is critical of American policies toward China and Russia, but has not presented bold new initiatives toward those powers. Under the rubric of "compassionate conservatism," Bush may alter U.S. relations toward the Global South in some interesting ways. The president and his advisors often purport to be realists, but the article demonstrates that their own words belie this claim as they often justify policies based on ideals rather than the pursuit of power.