地方政府决策中的公民利益汇聚模式探究

公共政策是对公共资源的一种权威性分配,利益取向是资源分配的重要依据,公民利益则是地方政府决策的源流。因此,研究地方政府决策中的公民利益汇聚模式,探讨当前模式存在的阻滞因素及相应对策,有助于为地方政府实现决策的民主化和科学化提供理论借鉴。     

公民精神与公共行政

公民精神实质上就是公民对公共事务所持有的价值与信念,充满活力的公民和有效的公共行政是相辅相成的。公民精神在推动和促进政府“善治”、民主行政、社会正义、公共责任和公共利益等方面有着极其重要的影响和作用。     

Beyond Hollowing Out: Straitjacketing the State

For two decades, the metaphor of ‘hollowing out’ dominated discussions about the changing role of the state in delivering public services. Today, this metaphor no longer captures important contemporary developments. European Union policy has expanded deeper and deeper into public service sectors, increasingly constraining government's capacities to deliver these services. I suggest a new metaphor to capture this: straitjacketing the state. People are straitjacketed when they are perceived to be at risk of damaging themselves through self‐harm. Straitjacketing the state occurs when a state signs up to a new set of supranational rules which purportedly will help avoid it damaging itself, by restricting room for localised inefficient practices. However, due to the strength of the straitjacket, governments become significantly restricted in choosing policies for domestic implementation according to their preferences.     

Hybridity in the Public Sector—Comparing Development Features in Municipalities in Japan and Norway

The theme in this article is managerial or administrative changes in municipalities seen from the perceptions of citizens. It is asked what characterize these changes, whether they are showing an interrelated and hybrid pattern, and whether the perceptions are varying depending on individual demographic characteristics or contextual factors related to their communities and the country they are living in. The data used are from surveys in Japan and Norway in 2015–2016. The main results indicate that the change or reform measures are indeed interrelated and hybrid. They do not vary much related to individual characteristics, except for political attitudes but more so related to the size of their municipalities, year of local residency, and local political activities. Japan and Norway have also marked different profiles regarding the main perceptions of the citizens, reflecting major structural and cultural differences.     

Why Does Citizens' Knowledge of New Policy Vary Between Municipalities? The Case of the Social Support Act

Providing information to citizens is an important first step in the implementation of new policy. In this study we explain differences in the knowledge of citizens between municipalities of a newly introduced law in the Netherlands, the Social Support Act, 10 months after it became into force. This law is especially important for older people that need support in their daily functioning and participation. We focused on two aspects of knowledge related to the act, i.e. having heard of the new act, and knowing how voice with regard to policy on support is organised in the place of residence. Given that socialist local governments focus more on social topics than liberal local governments, we expected citizens of municipalities with socialist councils to have more knowledge about the new Social Support Act. Contrary to our expectations, citizens from municipalities where a liberal party or a collaboration of liberal/socialist parties is the largest, have a better understanding of how voice is organised. On the other hand, citizens in municipalities with an alderman from a combination of liberal/socialist parties have a lower chance of having heard of the Social Support Act. We argue that in view of the Social Support Act, the ideology of a local government related to citizens' responsibilities (liberal view) may have more influence on citizens' knowledge than being a government that pays attention to social issues (socialist view). As far as individual differences between citizens are concerned, as expected, older people that are more educated but in poorer health status have more knowledge about the new act. A higher educational level and an excellent mental health status are related to more knowledge about voice. Educational level is the most powerful predictor for knowledge about the act.     

Parliaments in Africa: Representative Institutions in the Land of the ‘Big Man’

This paper analyses the perceptions among survey participants, of African parliaments and presidents and examines their citizens’ attitudes towards the coexistence of these two institutions. It aims to determine the way citizens rate their parliaments compared with their presidents. It further seeks to answer the question of whether Africa remains the continent of the ‘big man’, where absolute power lies with an individual, feeding clientelistic relationships. In the decades following the transitions to independence, most of the continent was marked by a proliferation of monoparty regimes; in many cases, these were almost one-man regimes. A majority of the leaders symbolised, at an early stage of independence, the birth of the nation itself. Many times these presidents have sought to extend their incumbency perpetually. However, over the last two decades this scenario has changed considerably. Monoparty parliaments have been replaced by multiparty parliaments and executives, and presidents have found themselves needing to share their leadership of the nation with parliamentarians. Not much is known about how these emerging parliaments have been operating, but the little that is known tells us that they have faced a lack of institutionalisation and still struggle to assert their independence from strong executives. It is therefore reasonable to expect that parliaments will be perceived as dormant institutions in the public eye.     

论行政强制设定中的公民建议权

行政强制设定中公民建议权是我国行政法治面临的新问题,也是我国行政法制度中的新问题,具有非常深刻的制度价值。内容包含建议不予设定行政强制、选择设定行政强制、附条件设定行政强制和依程序设定行政强制等范畴。该权利实现的主要路径应当有:保障公民介入行政强制形成的动议、保障公民介入行政强制的论证、保障公民介入行政强制的听证、保障公民介入行政强制的后评估。     

民法编纂背景下侵犯公民个人信息罪的保护法益：信息自决权——以刑民一体化及《民法总则》第111条为视角

为避免法益概念的抽象化并充分发挥法益限制处罚的机能，在已确定侵犯公民个人信息罪保护法益为个人信息权的前提下还应将之具体化。在民法编纂背景下，基于刑民一体化视角与法秩序统一性原理，并结合《民法总则》第111条的规定，侵犯公民个人信息罪的保护法益是个人信息权中的信息自决权。分析欧美两大模式个人信息保护的理论源头，个人信息的使用体现出信息主体的意志力，具有赋权效果，以信息自决权作为该罪法益可突出个人信息权在理论源头上与人的尊严和自由密切相关性。基于民法要扩张刑法要谦抑的理念，侵犯公民个人信息罪所保护的也不是等同于民事权利的个人信息权，而是其中最重要的权利即个人信息自决权；以信息自决权作为侵犯公民个人信息罪的保护法益，正是对刑法一般性的自我决定权的丰富和发展，并能充分发挥刑法保护公民自由等个人法益之机能。信息自决权司法实践中具有甄别值得处罚的侵犯公民个人信息行为的机能。     

略论高职院校秘书专业建设的几个常规问题

高职院校秘书专业建设主要包括专业名称、职业背景、培养目标、课程体系、培养模式和建设规划等一些常规问题。应该从＂正名＂的意义上进行专业命名,从社会期待和业务工作需求的角度确定能力培养的范畴,其培养目标应该以就业为导向并且有不同层面,其课程体系应该与职业能力和职业资格相对应,用独特的课程模式和实训模式来体现培养模式,并重视师资培育和硬件设施的配置。     

公民参与预算：理念、原则与制度——以浙江温岭“新河实验”为分析样本

随着公民权利意识的觉醒与信息技术的迅猛发展,公民要求参与国家公共事务的诉求日益强烈。作为财政民主的重要组成与运行规则,公共预算是纳税人及其代议机构控制国家财政的基本途径。为推动公民参与预算,我国浙江温岭的新河镇将民主恳谈机制与人大预算审议相结合,成为探索预算民主化路径的改革样本。考察新河镇的公民参与预算实验可以发现,人民主权是公民参与预算的核心理念,基层人大是制度载体,信息公开是前提条件,商谈辩论是有效机制。基于协商民主理论,完善公民参与预算制度,应扩大参与主体,加强人大制度建设,健全法律制度体系确保公民参与预算权的实现。