小议我国的再审启动程序

再审启动程序是法定主体向法院提出再审的主张,由法院就该主张以及主体所提供之事由进行审理,决定是否进行再审的诉讼行为和所发生的诉讼法律关系.我国的再审法律制度在简约的程序规定以及法院依审判监督发动再审和检察院抗诉提起再审的公权性,使得当事人申请再审权利的旁落和主体性丧失.无限申诉、缠讼,既危及程序正当性又破坏了法律生活的安定,造成司法实践的诸多困惑.再审制度的完善是理论界与实务界共同关注的热点.问题的核心集中体现在再审程序启动主体的多元化以及再审事由规定的不科学.     

试论警察战斗力评估体系的建立

警察战斗力是警察的无形要素与有形要素的有机结合。建立警察战斗力评估体系是警察战斗力建设和发展的必然要求,是准确把握警察战斗力状态的前提。要建立警察战斗力评估体系,必须制定科学的评估标准,综合运用科学的评估方法,建立科学的评估系统。     

警察院校学生行政通用能力的调查分析──以山东警察学院学生为例

警察院校青年学生行政职业能力是否达到了国家的基本要求,我们现有的评价体系是否能起到的检测与导向的作用?对于这些问题,本调研组提出了从智力的构成入手,借助对行政职业能力的量表分析,揭示出警察院校青年学生行政职业能力的鉴别度,并提出从教学评价入手,加强青年学生行政职业能力培养的几点建议。     

浅议侦查实验笔录

侦查实验笔录具有证据的能力,既可以为刑事案件是否应当立案提供理由,也可以为法庭审查提供证据,或为核实其他证据提供支持。在证据分类上,应当根据侦查实验笔录所记载的具体内容来确定其究竟是归属于言词证据还是实物证据,并应在法律上将其列为单独的一类证据。     

和谐社会视野下的国家能力建设

在构建社会主义和谐社会的进程中,必须加强国家的宏观调控能力、公共服务能力、民主化法治化能力和社会治理能力,实现国家能力建设与和谐社会建设的相互适应与和谐共进。     

Craft and Capacity in the Public Service

Over the past 8 years, debates about Australia's public service have evolved from being focused mainly on skills and capacities to being now increasingly concerned about the operating environment for career officials, their ability to fulfil their stewardship obligations, and to practice their ‘craft’. In this article, I track those changes and ask what is the craft of public administration? How should we understand it? Are concerns it is imperilled or has been lost valid or overblown? I draw on the observations of current and former senior officials, and the findings of recent Capability Reviews. My primary focus is on the Australian Public Service, because here is where the debate has been most public and direct. I note that the focus of concern has shifted from public servants towards ministers, who have been largely absent from public sector reform initiatives of the past 40 years.     

Knowledge production and the construction of ‘Africa(ns)’ in the Caribbean

Abstract

There is a considerable lack of awareness of the interrelated nature of human activities due to insufficient information. A community without relevant information or public sensitivity to participation, in fostering a sense of personal environmental responsibility and greater motivation towards achieving personal goals, becomes problematic. Using the poststructuralist theory, this article takes a qualitative approach to analyse discourses and people's reaction to an ‘insecure’ environment within South African communities. It examines organisations which provide support to empower communities through education in Cape Town. One assumption here is that people gain knowledge about themselves, their environment and others around them, if they are empowered. The focus thus is on educational schemes and activities that communities and organisations undertake to challenge, accept and negotiate their ideological positions. The inventiveness and responses of the organisations considered, through the local communities and pupils, are therefore significant as they enable an understanding of the challenges encountered in democratic South Africa, including the causes of xenophobia. Ultimately, the consequences of ignorance about one's environment are detrimental to both neighbouring communities and people at large. The local communities considered expressed this sentiment while implicating the government's role in depriving its people of vital socio-cultural and politico-economic information.     

Hardening Budget Constraints: A Cross-National Study of Fiscal Sustainability and Subnational Debt

This study explores the financial sustainability of subnational governments in four different countries. Scholars argue that subnational fiscal capacity helps local governments deliver better public services and provide public goods, which in turn helps to promote economic growth. While administrative control by the central governments contributes to reducing moral hazard from the soft budget constraints, bottom-up strategies to manage fiscal profligacy also need attention. The study first provides understanding about the characteristics of central-local governance and management of subnational government debt of each country. Then, we test our hypotheses regarding local fiscal capacity and administrative control, including political-economic factors that may affect debt spending by local governments. Our findings show that subnational fiscal sustainability improves when the central governments have clear rules to intergovernmental transfers in place and more (market) liberal policies, meanwhile when subnational governments have a more fiscal capacity and less intergovernmental transfers they are able to manage their debt more soundly.     

Management Quality and State Bond Ratings: Exploring the Links between Public Management and Fiscal Outcomes

How and when does management matter for government performance? Focusing on the quality of core management systems, this study proposes that one way management contributes to government effectiveness is by facilitating access to low-cost credit. However, whether well-managed systems have greater access to low-cost debt compared to poorly managed organizations depends in part on prevailing conditions in the external environment. The study tests these propositions in the context of state governments' general obligation bond ratings. Results from the pooled Tobit models show that states with higher-quality management systems are rewarded with higher bond ratings. However, the positive effects of management on bond ratings are attenuated when the economy deteriorates or political uncertainties increase.     

Governed interdependence: Rethinking the government‐business relationship in East Asia

Analyses of East Asia's high‐performance economies have highlighted the advantages of a coordinated approach to market failures. With states dominating the process, both public and private agencies are increasingly involved. The recent literature sees public‐private cooperation as a limit to state capacity and thus a challenge to statism. Within an institutionalist framework, this paper proposes a fresh view of the government‐business relationship which avoids the statist premise of domination, but without relying on ‘weak state’ arguments. Through an examination of key organizational features of state and industry in Korea, Taiwan, and Japan, the paper proposes a theory of ‘governed interdependence’ in which both state and capital are taken seriously; where both strong state and strong industry go hand‐in‐hand; and where the capacities of both are mutually enhanced. The article identifies four principal types of government‐industry cooperation in the East Asian experience — some apparently ‘state‐led’, others apparently ‘business‐led’ — all of which can be accommodated by the theory.