孙子军事思想与监管安全控制(下)

监狱要提高监管安全控制效能,可借鉴孙子兵法"力与谋、知与行、常与变、静与动"对立统一的军事哲学思想,努力谋求与践行"强制控制与权变控制、信息控制与行动控制、程序控制与随机控制、静态控制与动态控制"相统一的监管安全策略。     

Implementing a COAG Reform Using the National Law Model: Australia's National Registration and Accreditation Scheme for Health Practitioners

The Council of Australian Governments (COAG) is undertaking a program of reform part of which requires moving from diverse state and territory based legislated systems to a nationally consistent system. A method which is being increasingly used for this purpose is the national law model. On 1 July 2010 a new national registration and accreditation scheme (NRAS) for health practitioners commenced using this model. The challenges faced in implementing NRAS may be faced by other initiatives using the same approach. The challenges of reaching agreement on a national system, avoiding variations within a national system at local level and delays in legislation across multiple parliaments are considered in the light of NRAS experience and lessons for similar projects are drawn out.     

网络技术条件下提升公共事务监管效能的实践与思考——基于福建省南安市的调查研究

福建省南安市在运用现代网络技术提升公共事务监管效能的探索中,有许多全省乃至全国的创新性实践,非常值得学习和推广。本文基于调查与研究,对该市的做法、成效、问题及对策进行了总结与探讨,以便更好地发挥现代网络技术的功能优势,提升公共事务监管效能。     

监外执行监督管理工作中的问题及完善

加强和规范监外执行监督管理工作,是监所检察部门的一项重要任务。在当前监外执行监管工作中,仍存在着制度不健全、管理不到位等问题。检察机关必须主动改进法律监督方式,充分发挥检察监督作用,加大对监外执行工作的监督力度,努力维护法律的尊严和公正。     

Web-Based Accountability in the Nonprofit Sector: A Closer Look at Arts,Culture, and Humanities Organizations

ABSTRACT

Web-based accountability continues to be an important consideration for nonprofit organizations. This research examines the impact of certain variables on web-based accountability in the arts, culture, and humanities sector. A content analysis of eighty nonprofit organizations was performed and multiple statistical analyses were used. Findings indicated that regulatory measures, including the prosecution and a detection index, are the most significant variables for determining web-based accountability for this group of nonprofit organizations.     

Capture Theory and the Public Interest: Balancing Competing Values to Ensure Regulatory Effectiveness

Problems arise when a regulatory agency acts in the interests of the industry it is charged with regulating, rather than in the public interest. When a governmental agency established to regulate an industry for the benefit of society acts instead for the interests of the industry it is regulating, it has been “captured” by the industry. This article examines the level of input received from the regulated community and the tendency of regulatory agency capture. Here, the proposed zone of effectiveness suggests a balance between the two scopes by incorporating a stronger focus on public interest.     

Climate change: Double-edged sword for African trade and development

Abstract

African governments face increasing pressure from major export destinations, primarily former colonial and slave-owning countries, to be climate change compliant. This will certainly be on display at the upcoming December 2009 United Nations Climate Change Conference in Copenhagen, which will seek to strengthen climate change rules agreed on in Kyoto, Japan, in 1997, and adopt new protocols on global climate change regulation. Climate change is a double-edged sword: on one side it is hitting Africa's agricultural sector with increased droughts, floods, extreme frost and wildfires; and on the other, African governments are being forced to respond to stringent regulatory regimes imposed by international export destinations. Currently, the per capita greenhouse gas emissions from the highly industrialised nations – the North – is estimated to be four times that of Africa and the rest of the developing world. Twin research questions were investigated in this article: (1) to what extent does climate change impact on African trade and development, and (2) how can African governments stay on a path of sustained trade and development in this era of climate change? The article argues that Africa's survival in these times of climate change compliance rests on a shift to greater intra-African trade, as individual nations move towards cleaner and more organic technologies to become full-fledged partners in the international climate change regulatory regime.     

The Politics of 'Eurocratic' Structure and the New European Agencies

The establishment of agencies at the European level is one of the most notable recent developments in EU regulatory policy. This article examines how politics has shaped the design of EU regulatory agencies. Building on the American politics literature on delegation, the article explains how principal-agent concerns and political compromise have influenced agency design in the EU context; shows how conflicts between the EU's primary legislative actors - the Council and the Parliament - and its primary executive actor - the Commission - have influenced the design of new bureaucratic agencies; and discusses how the growing power of the European Parliament as a political principal has changed the politics of agency design.     

Learning from the Americanists (Again): Theory and Method in the Study of Delegation

European(ist) scholars have largely followed their American(ist) colleagues in the formulation of theories about delegation of powers to non-majoritarian institutions, most notably through the application of principal-agent models of relations between legislative principals and their executive and judicial agents. This article suggests that Europeanists can once again learn from recent developments in both theory and method in the study of delegation in American politics. The first section discusses the methodological challenges of testing hypotheses about the conditions under which agents might enjoy some degree of autonomy from their legislative principals, and draws lessons from the recent Americanist literature. The section examines the development in American politics of a second wave of principal-agent analysis which aims to formulate and test hypotheses about the conditions under which legislative principals might delegate authority and discretion to bureaucratic agents. The third and final section of the article examines some preliminary applications of the principal-agent approach to the European Union and to the comparative study of European parliamentary democracies, and proposes a research agenda for the comparative study of national-level delegation in the parliamentary systems of Western Europe.     

This other and other others

This paper offers an alternative understanding of the relationship between feminist ethics, time and otherness. Rather than suggesting a feminist ethics should simply be for ‘the other’, or that feminist ethics is always futural (dedicated to that which is not yet), the paper suggests that ethics involves responding to the particular other in a present that carries traces of the past, as well as opening up the future. It is through responding to particular others (where particularity is not understood as a characteristic of another, but as a mode of encounter) that we face and face up to ‘other others’. The relationship between ‘this other’ and ‘other others’ suggests an intimacy between the particular and the collective, between the face-to-face of an encounter and political economies, and between feminist ethics and politics. Indeed, the paper concludes by suggesting that the ethical and political imperatives of feminism are aligned precisely given that collectivity is an effect of the work that has to be done to get closer to this other and, with her, other others. This other and other others collect together in the making of a feminist ‘we’. Such a ‘we’ can be embraced only through a willingness to struggle with and for others who are faced in the present (a facing that is indebted to a past that cannot be left behind), and an openness to the future, as the promise and hope of what we might yet become.