市场经济中的行政监管责任研究——以欧典地板事件为例

"欧典事件"暴露出行政监管部门的失职问题,有效的解决方法就是使权力由单向形式改为双向形式,即使"权力与责任相统一",使"有权力者必有责任".     

医改的抉择:政府主导还是市场化——基于医疗卫生服务及其市场特殊性的分析

医疗卫生改革理应寻求解决民众的"看病难"、"看病贵"问题.医疗卫生服务及其市场是医改中所有问题的归结点.在对医疗卫生服务与其市场的特殊性进行分析中,表明医疗服务市场不同于一般的商品市场与服务市场,在政府与市场的分工上针对其特点进行合理界定,既否决单纯的市场主导,也否决一味的市场化,而是二者的理性结合.     

日本诉因制度论略

诉因制度是日本刑事诉讼法借鉴大陆法系职权主义诉讼程序和英美法系对抗主义诉讼程序的一项独创.主要探讨诉因的基本涵义、诉因与相关范畴的关系、诉因在日本刑事诉讼中的运行规则、诉因的主要功能及其对我国刑事诉讼的借鉴意义.在刑事诉讼中,诉因可以协调控诉方、裁判方和辩护方在刑事诉讼中的相互关系,不但有利于制约公诉机关的起诉变更权,而且有利于防止司法权滥用和保障辩护权的有效行使.在当前我国刑事诉讼程序由职权主义向对抗主义转变的过程中,借鉴日本的诉因制度有利于克服我国刑事司法实践中的某些缺陷和弊端.     

集团诉讼制度的价值研究——兼评我国的代表人诉讼制度

价值是反映主体与客体之间需要和满足需要的效应关系的范畴,是深刻认识集团诉讼制度的良好视角和工具.集团诉讼价值是法律价值、民事诉讼价值下位的概念.集团诉讼制度的独特品性在于克服集体行动的障碍,共通性在于体现了在新的社会条件下民事诉讼目的论的发展.     

Between Government and Governance: Opening the Black Box of the Transformation Thesis

The notion of going from government to governance, known as the transformation thesis, as depicted in early Governance Theory has been subjected to substantive critique. This paper explores two different stances of such critique. The first critical stance is represented by Jonathan S. Davies’ 2011 book “Challenging Governance Theory: From networks to hegemony” and entails a radical rejection of the transformation thesis. The second stance offers a more moderate reconfiguration of the transformation thesis and is represented by the recently co-authored work of several prominent governance theorists titled “Interactive Governance: Advancing the paradigm”. While both aspire to set new agendas for governance research, this paper argues that the latter reconfiguration carries a problematic preposition towards overemphasizing the separation between government and governance practices.     

Transatlantic cooperation on terrorism and Islamist radicalisation in Africa: the Franco-American axis

Transatlantic cooperation on security has a long history. In Africa, transatlantic cooperation on security is basically between France and the United States. This paper asks why the two former competitors in Africa started to cooperate and also why they are so willing to engage militarily. The central argument in this paper poses that France and the US cooperate because it is indispensable to both parties. To France, the cooperation is indispensable because the US is the only power with sufficient financial means and with sufficient air-lift capacity to transport French and African troops into conflict-ridden countries. To Washington, cooperation with Paris is indispensable because the French authorities have unique access to intelligence and knowledge about large parts of Africa. By applying a foreign policy analysis framework, the paper analyses how perceptions of decision-makers, the role of personality and leadership, the role of government institutions and political systems have impacted the relevant decisions. It is emphasised that the two different decision-making systems – the French “state dominated” and the American “society dominated” – produce the same result, namely collaboration. It suggests that the perception of a serious threat from terrorism and Islamist radicalisation overrules differences in decision-making systems.     

Dodging the bullet: How crises trigger technocrat‐led governments

Governments led by nonpartisan, ‘technocratic’ prime ministers are a rare phenomenon in parliamentary democracies, but have become more frequent since the late 1980s. This article focuses on the factors that lead to the formation of such cabinets. It posits that parliamentary parties with the chance to win the prime ministerial post will only relinquish it during political and economic crises that drastically increase the electoral costs of ruling and limit policy returns from governing. Statistical analyses of 469 government formations in 29 European democracies between 1977 and 2013 suggest that political scandals and economic recessions are major drivers of the occurrence of technocratic prime ministers. Meanwhile, neither presidential powers nor party system fragmentation and polarisation have any independent effect. The findings suggest that parties strategically choose technocrat‐led governments to shift blame and re‐establish their credibility and that of their policies in the face of crises that de‐legitimise their rule.     

The Komi of the Kola Peninsula within ethnographic descriptions and state policies

For more than 100 years, ethnographic accounts have highlighted the non-nativeness of the Komi diaspora to the Kola Peninsula, contrasting it with the indigenous Sami population. Their legal status there has been a vexed issue unresolved by Tsarist administrators, Soviet ethnic policies, present-day ideas of multiethnic civic nation, and global indigenous activism. In the everyday life, however, there are no apparent differences between the two ethnic groups and their traditional lifestyles in the rural area of Murmansk region. Juxtaposing historical ethnographic accounts on the Izhma Komi with my fieldwork experiences among the Komi on the Kola Peninsula, I show how ethnographers uphold dominant ideologies and promote different state policies. The ambiguous ethnic and indigenous categorizations from their accounts reverberate in popular stereotypes, political mobilizations from below, and state policies from above. In this way, they make an interesting case for the practical problems of generalization and essentialism.     

Preventing Dysfunction and Improving Policy Advice: The Role of Intra‐Departmental Boundary Spanners

It is well established in the public management literature that boundary spanners – people or groups that work across departments or sectors – are critical to the success of whole of government and joined‐up working. In studying recent unprecedented change to central government agencies in the Australian context, our research identified that intra‐departmental boundary spanners also play a critical role in the functioning of government departments, particularly during restructuring. Although most contemporary literature in public management concentrates on boundaries across formal organisational entities (departments, agencies, sectors), boundaries also exist within departments. Our research has found that without dedicated intra‐departmental boundary spanners, significant role confusion and dysfunctional practices arise. In turn, this has serious implications for the quality of policy advice given to Cabinet. Further research needs to be undertaken into both the role of intra‐departmental boundary spanners and how to nurture and manage the practice of intra‐departmental boundary spanners. This is especially the case if changes in Australia represent a fundamental shift more broadly in the way central government agencies operate.