"有数量限制的行政许可"的立法解读及其适用

本文以利益衡量原则为指导来分析《许可法》第57条,试图达到以下三项目的:第一,以学界的共识—第12条第1项属于无数量限制的行政许可,第12条第2项属于有数量限制的行政许可—为前提,通过探讨”行为许可概念的性质来重新界定“有数量限制的行政许可”概念的法律内涵,指出“行为许可的有数量限制性”不必然导致“有数量限制的行政许可”。第二,以法律概念体系的逻辑一致性要求为检验标准,以新的“有数量限制的行政许可”概念为分析工具来探讨第57条的适用事项范围,并解决相应的逻辑矛盾。最后,以前述的分析为理论背景,为第57条的法律适用提出建议。     

基于公众服务的网上行政审批系统模型研究

中国的电子政务建设刚刚起步,迫切需要各种理论和实践的支持。通过对电子政务重要组成部分———面向公众服务的行政审批系统的分析,从系统和工程的观点提出了可以应用到行政审批系统中的角色互动网络模型,并通过给出的模型建立行政审批系统的应用软件系统框架结构、网络体系结构、建设模式、运行管理模式。网上审批是信息时代对公共管理发展客观需要的现实选择。它的影响不仅在于手段的电子化,更重要的是还会引起管理价值、管理范式、管理权力、管理职能、管理组织、管理主客体等方面的变化。网上审批将通过信息技术与公共管理的有机融合促使公共管理由传统的管制管理向服务管理的转变。     

Tradable Permits for Common‐Pool Resources: An Assessment

Scholars often attribute deterioration in common‐pool resources (CPRs) to ill‐defined property rights and suggest privatization and tradable permit markets as a solution to the commons problem. CPRs are heterogeneous, differing in physical characteristics and use patterns. Regulating their use requires tailored policy solutions that cohere with these characteristics. This paper examines factors that contribute to a well‐performing tradable permit market. While the literature offers rich empirical analyses of individual tradable permit markets, it has not provided an analytical framework enabling comparative analysis of these markets. This paper develops and employs an analytical framework for comparing across markets. The comparative analysis of market performance suggests that markets are not successful in all environmental problems and all demand situations. Further, it shows that even some markets frequently cited as exemplary successes have been that for nonmarket‐related reasons. On the other hand, this comparative analysis identifies sources of success for markets that partial analytical frameworks would have predicted to fail.     

优化经济投资环境推进卫生行政审批电子政务建设

青岛开发区积极推进电子政务建设，通过实施卫生许可流程再造，盘活卫生资源；探索建立起行政许可、卫生监督、执法稽查“三权分离”的管理模式和“一门受理、责任明确、程序明晰、服务规范、方便快捷”的卫生许可模式；有利于提升行政机关的外部形象，优化经济投资发展环境。     

Mapping Urban Revitalization: Using GIS Spatial Analysis to Evaluate a New Housing Policy

This longitudinal, multimethod study uses geographical information system (GIS) software to evaluate the community-wide impact of a neighborhood revitalization project. Unsystematic visual examination and analysis of GIS maps are offered as a complementary tool to quantitative analysis and one that is much more compelling, meaningful, and effective in presentation to community and nonscientific professional audiences. The centerpiece of the intervention was the development of a new, middle-class housing subdivision in an area that was declining physically and economically. This represents three major urban/housing policy directions: (1) the emphasis on home ownership for working-class families, (2) the deconcentration of poverty through development of mixed-income neighborhoods, and (3) the clean up and redevelopment of contaminated, former industrial brownfields. Resident survey responses, objective environmental assessment observations, and building permit data were collected, geocoded at the address level, and aggregated to the block level on 60 street blocks in the older neighborhoods surrounding the new housing in two waves: during site clearing and housing construction (Time 1: 1993–95) and three years post-completion (Time 2: 1998–99). Variables mapped include (a) Time 1–2 change in self-reported home repairs and improvements, (b) change in the assessed physical condition of yards and exteriors of 925 individual residential properties, (c) change in residents' home pride, and (d) a city archive of building permits at Time 2. Physical conditions improved overall in the neighborhood, but spatial analysis of the maps suggest that the spillover effects, if any, of the new housing were geographically limited and included unintended negative psychological consequences. Results argue for greater use of GIS and the street block level in community research and of psychological and behavioral variables in planning research and decisions.     

A Tale of Two Countries: Markets and Transboundary Water Governance Between the United States and Mexico

While there is a robust literature about using tradeable permits as a solution to pollution externalities, less work has applied these principles to the area of transboundary water management. This article proposes the use of transboundary water banking as a means for addressing issues of water externalities, conflict over water resources, and incentive compatibility. First, the article provides clarity to this discussion by synthesizing relevant literature over transboundary water governance, focusing on the experience between the United States and Mexico over the Colorado River. Second, the article formalizes the idea of a transboundary water bank and the efficiency of an auctioned versus grandfathered permit program. Third, the article provides a brief formulation of the market design elements of such a scheme, namely four conditions that enable a sort of Nash Equilibrium among agents. The article concludes by alluding to the parallels between energy and water markets. While only a start, this article seeks to catalyze more formal mathematical modeling of solutions to transboundary water governance.     

Kyoto,Europe?—An Economic Evaluation of the European Emission Trading Directive

To meet its obligations accepted in the Kyoto Protocol cost effectively, the European Union introduces a scheme of Greenhouse Gas Allowance Trading for its member states. This paper evaluates the cost effectiveness, ecological accuracy and dynamic incentives of this approach.The EU-emissions trading constitutes an important shift in the paradigm of environmental policy, from command and control to a market based approach. Still, the EU-system does not fully realize the economic potential of the transferable discharge permit policy. Especially, the limited scope of trading regarding geography, pollutants, sectors and activities reduces the quality of the system. Moreover, the EU-Directive is unspecific in many respects and it leaves many decisions defining the rules of the game to the individual member state. Uncertainty and heterogeneity increase transaction cost and thereby hamper the effectiveness of the system.JEL Classification: Q54, Q58, K32     

建设诚信的政府与社会需要制度保障——以《行政许可法》的制度建设课题为中心

《行政许可法》以法律的形式正式确立了相应的诚信规范和确保诚信的制度、原则和措施.各级政府贯彻实施《行政许可法》,就必须充分履行该法所设定的义务,尤其是应该致力于建设诚信的政府和诚信的社会.