帮助立功的法律性质及司法确立路径

帮助立功是典型立功的异化形态。帮助立功的困境是，因为帮助者因素的介入，犯罪分子的立功无法被刑法独立评价。帮助立功规制的重点不是帮助立功本身，而是帮助立功中的伴随违法行为，这是帮助立功正义性的“底线”。司法实践应当有限度地承认帮助立功。     

Caught Between Agendas: GPRA,Devolution, and Politics

Abstract

Despite the optimism that has surrounded the performance movement, there are signals that these expectations are not easy to achieve. This paper focuses on performance activities within the federal government and the accountability concerns that have been attached to the federal‐level Government Performance and Results Act (GPRA). It highlights the special problems that are raised in an environment in which federal programs are devolved to state and local government. It reviews the context from which this reform effort has emerged, the constraints surrounding it, highlights several problems in federal performance activities, and suggests an alternative approach to performance instead of GPRA.1–3 Radin, B. A. 2000. The Government performance and results act (GPRA) and the tradition of federal management reform: square pegs in round holes?. J. Publ. Adm. Res. Theor., 1: 111–135. Radin, B. A. 2000. Intergovernmental relationships and the federal performance movement, PUBLIUS. The Journal of Federalism, 30 Radin, B. A. 1998. The Government performance and results act (GPRA): hydra‐headed monster or effective policy tool?. Public Admin. Rev., 58(4): 1–10.       

Ensuring Employment Equity: Are Federal Diversity Programs Making a Difference?

Abstract

In the last two decades, many public sector agencies have instituted a wide array of “managing diversity” programs designed to remove barriers to the full participation of women and people of color. Meanwhile, agencies are also increasingly responding to pressure to develop measures to monitor performance of all of their programs. Yet there have been few efforts in place to measure the effectiveness of diversity management programs. This article argues that such an evaluation is essential, and offers a preliminary governmentwide estimation of the success federal agencies have had in breaking down these barriers. We found, for the most part, that there is little evidence that broad‐based diversity programs, nor any of their programmatic components, have created a more equitable work environment for women or people of color. We then examine the programs at two federal agencies with significant diversity efforts, in depth, and find again that the results have been mixed. While not meant to be the final word, we suggest that these findings can serve as the basis for generating greater discussion and analysis of these important, but under‐evaluated, programs.     

Institutionalising a National Approach to Performance Reporting: Lessons from Two Decades of Experience with the Report on Government Services

The Report on Government Services (RoGS) to the Council of Australian Governments (COAG) is considered an exemplar of benchmarking in a federal system. Published annually since 1997, RoGS provides performance reporting in the form of cross jurisdictional benchmarking on an unprecedented scale and scope. This paper argues ROGS has institutionalised a national approach to performance measurement and reporting that is now at the centre of the COAG reform agenda. The paper examines the processes and institutional structures that explain how RoGS has transformed performance reporting for social infrastructure services. The final section provides a preliminary assessment of the impact of RoGS.     

Performance voting and knowledge of cabinet composition

Nearly every empirical study of outcome oriented retrospective voting assumes, though almost always implicitly, that a) every voter knows the composition of the incumbent government, or b) that voters who may not know who is in government do not cast retrospective votes. In this short essay we provide evidence that these assumptions are quite unlikely to hold and discuss how not taking this possibility into account has influenced our understanding of the retrospective voting mechanism and the conditioning effect of political sophistication on the economic vote. In so doing, we advocate for the inclusion of questions regarding cabinet composition in electoral surveys.     

地方政府绩效管理指标体系的不是及对策

从西方政府绩效管理的理念和方法引入后,我国各级地方政府都非常注重进行绩效管理,但是在各级地方政府的绩效管理实践的过程中,依然存在着诸多的问题,其中绩效管理指标体系的设计是地方政府绩效管理的一个关键环节,它关系着绩效管理的成败。因此,研究目前我国地方政府绩效管理指标体系存在的不足,并加以完善是非常必要的。     

政府绩效立法分析:以美国《政府绩效与结果法案》为例

随着绩效管理在政府部门的应用和重视 ,绩效立法也逐渐被关注。美国率先于 1993年颁布了《政府绩效与结果法案》(GPRA) ,以立法形式规范了政府绩效的相关活动。GPRA颁布至今已有 11年 ,绩效管理制度逐渐深入到政府日常工作当中 ,提高了政府部门绩效管理意识。但由于其内部复杂的管理、绩效数据收集存在很大困难、对政府部门项目评估的困难、实施过程受政治因素影响甚大、评估主体单一等原因 ,该法案实施出现了诸多问题 ,对这些经验教训的总结能为我国未来政府绩效立法提供借鉴。     

Competition in the Netherlands and Belgium: Service sector evidence

This paper examines competition in the Dutch and Belgian service sector for the period 1995–1999. The paper explores the link between firm profitability and market structure, and provides evidence of a non-optimal functioning of both markets. While analysis reveals the existence of a market sector effect in both countries, this effect is larger in the Dutch sample than in the Belgian sample, implying that the Dutch service sector is less competitive than the Belgian service sector. An analysis of the market friendliness of regulations in both countries does not provide a comprehensive explanation for this finding. JEL Classification: L12 · L16 · L51 · L80     

公安机关绩效评估法律制度建构的几个问题

绩效评估已经成为公安机关加强内部管理,提高工作效率的有效手段而被广泛应用。由于缺乏理论研究和实践经验,以及公安工作本身的复杂性使得公安绩效评估工作在实践中暴露出许多不足。构建公安绩效评估法律制度成为完善我国公安绩效评估活动的客观需要。     

谈演唱中歌曲的处理与表现

演唱歌曲不仅要具备良好的嗓音条件及严格的专业技巧训练,还应对歌曲进行艺术处理,增强演唱者对歌曲的艺术表现力。