司法鉴定机构等级管理基本问题论纲

虽然目前对司法鉴定机构采用司法行政部门的行政管理和司法鉴定行业协会的自律管理相结合的方式进行。但司法实践中,司法鉴定行业依然存在重复鉴定、缠鉴闹鉴、少数鉴定机构随意出具鉴定意见等乱象：另外,不少鉴定机构,尤其是技术水平较低的鉴定机构。不是从改善仪器设备、优化人员结构等方面提高自身素质,而是通过不正当竞争获取一定的检案量,对司法鉴定发展产生阻碍。对此,建立、完善司法鉴定等级管理制度能够在一定程度上有效缓解上述问题。在此之前,应当明晰司法鉴定机构等级管理的内涵、明确建立鉴定机构等级管理的必要性、确立鉴定机构等级管理的原则等有关基本问题;同时,对不同资质等级的鉴定机构出具的鉴定意见的证据效力以及受案范围应当予以特别重视．在防止不同资质等级鉴定机构之间产生“行政层级”上的服从与被服从关系的基础上．以确保鉴定的质量和效率。     

Comment on Anthony Downs's “Have Housing Prices Risen Faster in Portland Than Elsewhere?”

Abstract

Forms of urban containment are found in more than a hundred jurisdictions across the United States. The lightning rod for the debate over urban containment is metropolitan Portland, OR, which has had an urban growth boundary for a generation. In the early 1990s, housing prices there soared, providing fodder to interests opposed to public interference in the private development market. Downs contributes to the debate by finding that over the long term, metropolitan Portland's housing prices are more in line with its West Coast and national contemporaries than not.

This comment first reviews some of the literature associating growth controls and growth management with housing price changes. I then examine how Oregon's and metropolitan Portland's particular institutional measures ameliorate potential price effects, offering lessons for containment programs everywhere. I caution that urban containment is here to stay and that the best way for development interests to protect themselves from undesirable outcomes is to advocate Portland‐style urban containment.     

Comment on Carl Abbott's “The Portland region: Where city and suburbs talk to each other—and often agree”

Abstract

The Portland, OR, area's urban growth boundary is an idea whose benefits to the region may depend on a willingness to expand the boundary occasionally. The parable contained in this comment suggests that the declared unwillingness to expand the urban growth boundary could have contributed to Portland's recent sudden increase in housing prices. It further suggests that an inflexible attitude toward the boundary could cause long‐run losses in employment in the Portland region, with few if any offsetting environmental benefits. Other regions should be aware of the potential drawbacks of installing such a boundary.     

Why George W. Bush Is a Unilateralist and How It Will Affect the 2004 Presidential Election

ABSTRACT

U.S. President George W. Bush has had a stormy relationship with Europe. Bush campaigned on a theme of putting America's interests first and eschewing multilateralism when necessary. Since taking office, Bush has been true to his campaign pledges. Bush's style and substance have caused many in Europe to regard him as a “buffoon” at best and a dangerous cowboy at worst. What the Europeans do not seem to understand is that, for better or worse, George W. Bush's view of the world is held by a substantial portion of the American people, and even when the U.S. had a more Euro-friendly leader in President Bill Clinton, America's policies were often at odds with those preferred by its allies in Europe. This is due to a fundamental difference that has developed between Europe and the United States over the last century. Today, no matter who occupies the White House, American foreign policy is likely to be in conflict with Europe's. Far from being a liability, this difference is likely to be a political asset to George W. Bush in the 2004 presidential election.     

The Defining Elements of Advocacy Coalitions: Continuing the Search for Explanations for Coordination and Coalition Structures

As the theoretical and practical interest in policy networks increases, so does the need for further research into how, and based on what rationales, actors within a policy subsystem engage in interorganizational collective action and form political coalitions. The aim of this paper is to continue the search for explanations for coordination and coalition structures in the setting of Swedish carnivore policy. Based on the Advocacy Coalition Framework (ACF) and a previous case study within the same policy subsystem, the study investigates a set of hypotheses regarding actors' coordinating behavior and the defining elements of coalitions. The empirical analysis indicates, in support of the ACF, that perceived belief correspondence is a better predictor of coordination than perceived influence. Moreover, the explanatory power of empirical policy core beliefs in general, and normative policy core beliefs in particular, is further reinforced, while deep core beliefs seemingly do not influence coalition structure. The relevance of more shallow beliefs for coalition formation cannot be dismissed and therefore calls for additional research.     

Administrative Capacity Building of Public Administrations Under the European Financial Assistance

From a European perspective as referring to EU member states, which are receiving European financial assistance, the idea of assessment of the countries＇ administrative capacity represents a priority and an issue of concern not only for the new member countries but also for the all the member countries. Based on its functions, public institutions should perform an evaluation or measure their administrative and organizational capacity performance when significant changes occur, in order to facilitate the necessary improvements for their organizational and administrative capacity. Following these considerations, after studying the literature concepts about the administrative capacity and based upon an empirical research, this article aims： （1） to classify the European countries （EU27） according to their administrative capacity, based on some relevant identified indicators as following the European Commissions＇ reports from the official websites; and （2） to identify and analyze the influence and effects that strategic management and project management have on the administrative capacity of Romanian public administration using a survey which analyses the performance of the Romanian public administration.     

网络涉腐舆情的监督优势及科学化管理

网络涉腐舆情的形成是一个动态过程,具有敏感诱发性、随意偶发性、主观猜测性、虚拟隐匿性等特点,表达了民众对公权公正、廉洁的政治诉求。网络涉腐舆情具有高效高质监督、保护参与个体安全等优势,同时也存在网络暴力倾向、规范性合法性不足等问题。要加强网络反腐的法律法规建设,逐步建立政府及时回应机制和政府、网络与传统媒体的合作机制,完善网络涉腐舆情信息工作体系,加强对网民和网站的培育监督,以实现对网络涉腐舆情的科学化管理。     

Capacity-building at the Headquarter Level: The Case of EU Civilian Peace Operations

Abstract

This article traces the institutional evolution of the Council Secretariat that plans and supports EU civilian peace operations. During the early days of the European Security and Defence Policy in the late 1990s competing political priorities of big EU member states and a dominance of military structures put civilian administrators at a significant disadvantage. Between 2003 and 2007, however, the rising number and complexity of civilian missions generated pressure for reform, which eventually led to the creation of a civilian headquarters. The historical analysis provides the basis for assessing the EU's current institutional capacities for civilian crisis management. While some administrative capacity deficits have been addressed, increased institutional formalization and further politically motivated reforms may increase tensions and hamper the accumulation of expertise.     

我国劳动与社会保障管理的现实及展望

当前,加强与创新社会管理成为我国社会事业改革的紧迫任务。作为改善民生的核心领域,劳动保障对构建和完善我国社会管理体系具有基础性的重大意义。文章分析了当前我国劳动与礼会保障管理中存在的问题与困境,并提出新形势下劳动保障管理的创新思路与的发展方向。