论我国地方政府问责制之建构：问题与对策

我国地方政府问责制之建构和运行正在推进,亟待深化研究加大其力度.审视其现实情境可以看到,在"谁来问责"、"如何问责"、"如何定责"与"何以为制"等问题上认识、规制和运作层面还存在诸多问题.这些制约因素对地方政府问责制的完善和运行效度的实现极为不利.因此,提出促进建构与完善我国地方政府问责制,以优化问责资源配置的基本构想与路径选择.     

Measuring the impact of law enforcement on organized crime

This article explores the possibility of measuring the impact of law enforcement on organized crime in a reliable and accountable manner, both in general terms and with a practical focus on the Canadian context. In considering measures to combat organized crime, a focus on process measurement has obscured the more substantial question of progress as regards the dependent variable itself: the bottom line of reducing the impact of organized criminal behaviour. While outcome measures are more challenging to identify than process measures, this fact alone does not minimize the need to demonstrate the connection between organized crime enforcement and its presumed outcomes to a greater degree of certainty. To date, this has not been realized to any significant degree, as revealed by a review of existing international approaches to measuring the impact of enforcement activity. The article argues that a multidisciplinary focus on community level indicators of crime, if initially less accessible than process measures of impact on organized crime groups, offers promise as a measurement of absolute and relative impact of state investment in enforcement.

The governance of the World Bank: Lessons from the corporate sector

The World Bank Group (WBG) is a multilateral organization as well as a large financial conglomerate. The debate on its governance, however, has mainly focused on how to ensure more inclusive decision-making by strengthening the voice and representation of its entire membership. The WBG’s governance as a set of arrangements that enable the principal (shareholders) to oversee the agent (management) has so far been overlooked, even though the adequacy of such arrangements is relevant in all institutions wherein shareholders delegate to management the achievement of organizational objectives. In reviewing the institutional, historical, and current underpinnings of the WBG’s decision-making, we elaborate on the extent to which the Group follows best-practice corporate governance standards that have been designed with the aim of improving shareholders’ oversight. Drawing from a methodology developed by the IFC, an entity of the WBG, we analyze the Group’s internal governance, highlighting which aspects are furthest from (or closest to) current financial-sector best practices. In so doing, we provide a framework for prioritizing the most critical areas in which the WBG’s governance falls short of private-sector standards, and we identify the nature of possible remedies.

人口重压下我国发展模式的选择--兼论"三农"问题及其对策

在沉重的人口压力下,我国必须选择“以人为本”的可持续发展道路,强化国人尤其是农村的人力资源能力建设。为此,必须对当前实施赶超型、跨越式发展等问题进行反思,并提出把农村人力资源开发作为解决“三农”问题的突破口的对策建议。     

论中国传统民本思想的乌托邦性格

在中国,封建传统的民本思想得以实践的必须条件是开明的统治者在位,这在古代体现为明君、贤臣在位。但是这个条件是很难具备的。这决定了民本思想的乌托邦性格。今天,对宣扬民本者应保持批判和警觉的态度,因为他们忽略了中国封建传统民本思想与专制天然具有的孪生关系,忽略了民本具有无法操作的非制度化特征,忽略了统治者是否做到了以民为本根本无法验证的基本事实,忽略了民本之治不是必然之治的历史教训。     

行政问责制度刍议

行政问责制就是一种特定的问责主体针对各级政府及其公务员承担的职责和义务的履行情况，要求其承担否定性后果的一种责任追究制度。其功能在于防止和阻止行政人员“滥用或误用公共权力”。行政问责制在中国已经初步建立并运行，但依然存在问责主体单一、职责不清、问责程序不明确及公开透明度不高等问题。在未来制度建设与完善方面，要完善行政问责制，就要从严格职责划分、问责的主体多元化和规范问责程序及推行“阳光问责”制度这些方面作出努力。     

Ombudsman for Bangladesh: Theory and Reality

Abstract

Although the term “Ombudsman” is a relatively unfamiliar term in Bangladesh in general, it is widely used and is a practiced technique of ensuring administrative accountability and transparency in western developed countries. The offices of Ombudsmen, as currently found in an increasing number of countries, are institutions of government design to meet the perceived needs as to both out come and process. Their objectives are to secure fairness, integrity, accountability and efficiency in public affairs, by methods conductive to promoting confidence in all institutions of the state. In reality the Ombudsman's office is seen as an institution, which has been established in regional jurisdictions in order to promote high standards of public administration and management, and to protect the right of citizens in their dealing with government. In this article, an attempt is made to analyze the role of the “Ombudsman” concept and why it is needed and how it can be institutionalized in Bangladesh. In doing so, the article has been divided into two parts. Part I discusses the conceptual framework of the Ombudsman while part II throws light on the prospects and problems of this concept in Bangladesh as attempts are being made to establish the office of the Ombudsman.     

从犯罪构成分析追究医疗卫生监督员玩忽职守

近年来因非法行医致人死亡进而追究卫生监督员玩忽职守罪的事件屡屡发生。本文结合案例,从犯罪构成的角度分析此类案件的过失、危害行为、因果关系、主体的认定,从中找寻此类案件的辩护要点,避免在辩护中陷入误区。     

改革开放以来党中央解决民生问题的决策与实践

改革开放以来，现代化战略的制定实施凸显了民生取向特点，中国经济的巨大发展，亦与人民生活的巨大改善紧密结合，但出现了发展中新的民生问题。党中央面对新的民生问题，在发展的指导思想上及实践中实现了若干重大转变，采取了若干重大举措，使民生问题的改善得到了实质性提升。党中央在解决民生问题上的决策与实践，主要受到中国现代化发展战略变化的影响与制约，同时也受制于演进中的不同的制度安排。     

Accountability in the Internet of Things

Accountability of governing bodies in the Internet of Things (IoT) is of major importance and requires a partly different approach than applied in the (general) Internet. Improving accountability makes the implementation of new general principles necessary in order to provide for a stable and foreseeable legal framework on which businesses can rely. In particular, standards need to be introduced that hold governing bodies accountable, information should be made more readily available and beneficiaries of accountability must be able to impose some sort of sanction on the accountable in case of non-compliance. Improving accountability by creating such framework also supports the betterment of security in the Internet of Things.