关于完善行政决策听证制度的思考

行政决策听证制度是保障公民权利的一种重要协商民主形式。随着听证制度在我国行政决策过程中的广泛适用,其自身的制度缺陷也越来越暴露,进而直接影响到听证的作用和效果,必须进一步加以创新和完善。     

《社会保险法(草案)》存在问题研究

《社会保险法(草案)》存在一些亟需解决的重要问题:立法宗旨和基本原则不清晰,适用范围较窄,政府作用不具体,工会作用不突出和立法技术不科学等。在完善社会保险立法的过程中,应坚持公平正义、互助共济、安全稳定的社会保险立法理念,充分发挥工会在社会保险立法中的优势作用,加快社会保险立法一体化,促进我国社会保险法与国际接轨。     

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.     

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.