论行政立法中的利益表达机制

利益是人类实施一切社会活动的内在因素,利益表达是利益实现最首要、最重要的环节。利益表达作为立法活动的基础和前提,决定了立法活动能否顺利进行。行政立法中畅通的利益表达,能够缓和行政机关与公众之间的利益冲突,有利于维护社会政治稳定,推进我国法制化进程。     

Delegated decree authority in a parliamentary system: the exercise of legislative delegation in Italy (1987–2013)

The substantial increase in the delegation of legislative powers from the parliament to the executive has been singled out as one of the most prominent changes in the Italian political system of the last three decades. It has given traditionally weak executives the opportunity to adopt significant reforms while bypassing the notorious fetters of the ordinary legislative process. While the literature has to date focused on the motivations to delegate, there is still a research gap on what the executive does with the delegated authority. Based on a newly collected data set covering all delegation provisions adopted from 1987 to 2013, this article analyses why, in a remarkable number of cases, the cabinet did not use the delegations. Results show that the existence of an agreement on the policy in question (as captured by the precision of delegating criteria), as well as the complexity and timing of the delegation have a significant impact on the likelihood a delegation is used.     

提高地方政府行政执行力的路径探析

本文系统分析了政府行政执行力的内涵、提高地方政府行政执行力的重要性以及影响地方政府行政执行力的关键因素,目的是探索提高地方政府行政执行力的有效途径。     

"议行合一"是中国社会发展的必然选择

"议行合一"是马克思主义国家学说的重要思想,是中国社会发展的必然选择."议行合一"政体的基础是人民民主,必须建立一套中国特色的权力制衡机制,才能实现社会主义政治文明.     

Controlling the unruly agents – linkages between accountability and corruption within the executive structures of Botswana

ABSTRACT

Representative democracy entails delegation of power to representatives and other actors within the political system. Oftentimes, the delegating party has little insight into the actions of the person(s) to whom power is delegated. Ensuring that the power-holder does not misuse his/her powers is, therefore, a challenge. This article analyses accountability mechanisms through which the delegating party can prevent and detect misuse of power in the form of corruption. The article argues that political institutions contribute towards such mechanisms being available/unavailable to the delegating party. The analysis focuses on the case of Botswana, where executive structures stipulate the accountability mechanisms available to principals. As shown by the analysis, principals have formal access to many such mechanisms. Oftentimes, however, these mechanisms are not applied. The analysis shows that accountability alone cannot explain levels of corruption within executive structures of Botswana but that informal rules also explain the presence/absence of corrupt practices.     

The role of set-shifting ability in differentiating between subgroups of female violent offenders

The aim of the present study was to extend the current understanding of the relationship between executive functions and violent crime in women. This was done by investigating whether set-shifting ability differentiated between subgroups of female violent offenders, with regard to criminal diversity and frequency of violent offenses. The study was conducted in a nationwide sample of 42 women imprisoned for violent crimes. Important characteristics common in violent offenders, such as certain personality disorders and substance abuse, were taken into account. The results indicated that offenders who only committed violent crimes had poorer set-shifting ability and less frequently personality disorders than offenders who had also committed non-violent crimes. Set-shifting ability was not connected to violent crime frequency.     

论行政首长出庭制

行政首长坐在被告席上,既是对原告的尊重、对法庭的尊重、对法律精神的尊重,也反映了政府对依法行政和政治文明更深层次的思考和理解。当前,行政首长出庭有其理论依据及现实意义,但也有多方面障碍制约行政首长出庭应诉,系统构建行政首长出庭制显得尤为必要。     

反腐败应注重发挥社会力量的作用

政府执行力是政府工作的生命力,任何政府都必须重视和提升它的执行力。     

行政命令与行政处罚程序和谐关系之构建

行政命令与行政处罚是两种不同的具体行政行为,二者在实体上相互区分的同时,在程序上又相互联系,这种联系建立在二者都可针对相对人的违法行为作出的基础上,表现为程序上的排他关系、并行关系或优先关系,其中以命令前置为原则的程序优先关系是一种和谐的程序关系．它不仅体现了执法手段从轻到重的和谐,也体现了行政主体与行政相对人之间的和谐,构建这种和谐的程序关系对保障相对人的合法权益具有重要的意义。