行政问责制的约束软化问题研究

2003年至今,我国的行政问责制一直存在着问责主体不明确、问责法律体系不健全、问责信息缺失、问责文化滞后等问题。以S市近年来的行政问责情况进行分析,呈现出行政问责的约束软化问题,通过分析表现影响、原因,提出了应对行政问责制约束软化的对策。     

Accountability and the design of an anticorruption agency in a parliamentary democracy

This article explores the institutional requirements of accountability for an anticorruption agency in a parliamentary democracy. It suggests that approaching public accountability as ‘the satisfaction of legitimate expectations about the use of discretion’ is useful in understanding or designing an accountability regime for such a powerful agency requiring independence from the executive. The approach facilitates identification of a variety of stakeholders and a range of institutional means by which their legitimate expectations may be satisfied. Despite the recognition, in consequence, of multiple agents and channels of accountability, parliament must remain central to the accountability regime and can achieve this through an appropriately designed oversight committee. Examination of a selected Australian agency, the Western Australian Corruption and Crime Commission, provides support for these propositions. Particular controversies involving this agency are used to demonstrate the requirements of a parliamentary oversight committee, and that independent review of determinations of misconduct, as well as appropriately regulated public hearings where there is a strong public interest in matters under investigation, are important elements of public accountability for an anticorruption agency.     

Accountability and Risk Assessment: Members’ and Leaders’ Perspectives about Psychoeducational Batterers’ Group

This study reports group leaders’ assessment of group members’ risk for reassault and level of accountability during a psychoeducational group intervention with male domestic violence perpetrators. It also examines members’ assessment of their own risk for reassault and level of accountability over the 18-week program. Group leaders and group members completed surveys every 2 weeks. Bivariate analyses examining differences in accountability rating and risk assessment between group leaders and group members show little agreement between leaders and members and few changes over time. Group leaders assessed group members as showing some increases in level of accountability near the end of the group. These findings suggest group leaders perceived increased accountability among group members, but they were rarely able to fulfill their goal of educating members about the connection between accountability and risk of reassault.     

Linking macro‐level mechanisms to street‐level accountability practices. A cross‐national case study of street‐level accountability of social workers in government funded homeless shelters

Available studies on the accountability relation between social work and the government are mainly conducted in Anglo‐Saxion countries. This limits the generalizability of these findings to other countries. Moreover, these studies hardly descent to the street‐level, making the perceptions and actions of social workers barely visible. To address this gap, this article explores how three elements of governance interact with street‐level accountability of social workers in homeless care in three country cases (the Netherlands, Belgium and Germany). The data (N26) was gathered by means of a mixed method design (interviews, focus groups and document analysis). By combining a street‐level bureaucracy research approach with a relational definition of accountability, we opened up the black box of what happens in these organizations and bridged the gap between macro‐level mechanisms and street‐level accountability. Our study adds three important insights to street‐level research of accountability in social work. First, elements of governance cannot be studied in isolation. Mechanisms should always be explained in relation to the context in which they are embedded. Second, the social workers in our cases do not perceive their accountability to the government as a professional obligation. They see it as a strategic mechanism to secure funding. Third, interaction is an important condition for the engagement of the social workers in their accountability relation with the government. More research is needed to develop a multi‐level theory that identifies which mechanisms play a role in the accountability relation between the government and social workers.     

天地之间：东汉官员的双重责任

自秦朝至清朝,朝廷任命的地方官员不仅对其上级负有义务,而且代表地方利益。这样的结构性特征被称为“双重责任”。对上负责可以在韦伯的官僚科层框架中得到理解,但无法解释官员对地方利益的维护。本文通过研究东汉时期地方官员的双重责任,分析官员如何维护地方利益。基于对东汉时期政府结构、政治思想和晋升制度的考查,本文提出三种解释：实际需求、儒家意识形态和声誉机制。此观点在实证中得到一定支持。运用东汉时期的官方档案和古代碑刻等原始资料,本文对韦伯有关中华帝国治理制度的分析提出质疑,并对存在了2000多年的“低效率”机制背后潜在的社会合理性提出了新的见解。     

Understanding Accountability: Theoretical Models and their Implications for Social Service Organizations

This article examines the concept of accountability and its implications for social service organizations. Accountability, it is argued, is a theoretically embedded concept, with each theory producing various conflicting models of accountability. The article seeks to map and structure the various models of accountability, highlighting the differences between the models and their implications for social service organizations. The models chosen are relevant to the Aotearoa/New Zealand context and also to countries in western Europe as they include the systems of political economy present within recent history: social democratic and neo-liberal, and also a coherent alternative, the communitarian model.     

The role of litigation in human research accountability

This essay examines and analyzes the recent and dramatic series of personal injury lawsuits instituted against those individuals and institutions that conduct and monitor human research. It discusses the social engineering functions of tort litigation, outlines the legal elements and viability of lawsuits against those who conduct and monitor human research, and evaluates and predicts what role tort litigation will play in fulfilling the goals of accountability in the context of human research and human research regulation. In general, tort law engenders two forms of accountability: retrospective and prospective. Retrospective accountability is backward looking, focusing on harms that have already occurred, their culprits, and the reimbursement of individuals for their injuries. Prospective accountability is forward looking in that it encourages actors and institutions to fulfill responsibilities toward individuals in order that harm does not occur, or at least that the risk of harm is decreased. This article argues that research litigation is not, and will probably never become, an effective means of ensuring retrospective accountability in regard to research injuries and ethical violations. Paradoxically though, the current wave of research litigation may serve an important and even key role in encouraging and ensuring prospective accountability.     

The Role of Litigation in Human Research Accountability

This essay examines and analyzes the recent and dramatic series of personal injury lawsuits instituted against those individuals and institutions that conduct and monitor human research. It discusses the social engineering functions of tort litigation, outlines the legal elements and viability of lawsuits against those who conduct and monitor human research, and evaluates and predicts what role tort litigation will play in fulfilling the goals of accountability in the context of human research and human research regulation. In general, tort law engenders two forms of accountability: retrospective and prospective. Retrospective accountability is backward looking, focusing on harms that have already occurred, their culprits, and the reimbursement of individuals for their injuries. Prospective accountability is forward looking in that it encourages actors and institutions to fulfill responsibilities toward individuals in order that harm does not occur, or at least that the risk of harm is decreased. This article argues that research litigation is not, and will probably never become, an effective means of ensuring retrospective accountability in regard to research injuries and ethical violations. Paradoxically though, the current wave of research litigation may serve an important and even key role in encouraging and ensuring prospective accountability.     

Mixed accountability within new public governance: The case of a personalized welfare scheme in early implementation

We explore personalized funding schemes and associated changes for accountability within new welfare governance reforms. Using the case of the Australian National Disability Insurance Scheme as hybrid institution, requiring mixed accountability arrangements, we examine the implications for broader discussions of accountability in personalized welfare arrangements. Methods used were semistructured interviews with government actors and disability service providers in Australia. In describing how accountability structures emerge, we argue that the way that layers fit together during implementation are often imperfect because of the conditions under which they arise. As a result, critical gaps can emerge in layered systems, which can put end users at risk. We demonstrate that theories on accountability in new public governance welfare reforms must also be informed by context and history informed qualitative analysis of case studies.     

Accountability to Welfare Service Users: Challenges and Responses of Service Providers

Influenced by the consumerist sentiment in New Public Management,the last decades have witnessed a revival of the call for accountabilityto service users in the public service sector. As an act ofaccountability, social care and health care professionals areincreasingly obliged to involve their service users in the serviceplanning and monitoring process. Despite the popularity of thisaccountability and user involvement rhetoric, critics have,however, been skeptical of the prevailing user involvement initiativesas an effective measure of accountability to service users (Barnes and Wistow, 1994a,1994b; Bowl, 1996; Peck et al., 2002; Rea, 2004). Based on astudy of user involvement in the welfare sector of Hong Kong,this paper argues that the discourse of accountability to theservice users can be a source of unrest for welfare professionals,in the manifestation of accountability as a power relationship.Their ensuing response is to accommodate the ensuing challengearising from the demand for accountability to service usersby manoeuvring the accountability discourse. It is the contentionof this paper that the institutional inclusion of welfare serviceusers into a discursive space is a necessary but not sufficientcondition for the realization of a mandate of accountabilityto welfare service users.     

Regulating Philanthropy The Legal and Accountability Framework for Singapore Charities

The Charities Act in Singapore provides a systematic approach to public accountability by promoting good governance of non-profit organizations. This paper focuses on the rise of philanthropy and the development of a regulatory framework to ensure public accountability of charities in Singapore. There is a need for greater transparency, communication, information, and support from the various systems, including the revenue and government authorities, as well as the stakeholders.     

Public–Private Partnerships in European Old‐Age Pension Provision: An Accountability Perspective

Over the last few decades, the boundary between public and private responsibility in old‐age pension provisions has been redrawn throughout Europe. A new, public–private mix has emerged, not only in pension policy, but also in pension administration. The purpose of this article is to map and conduct a comparative analysis of the administrative design of public–private partnerships (PPPs) in European pension regimes, with a specific focus on how accountabilities are institutionally enforced within the PPP design. Previous literature has recognized accountability as an important factor in promoting trust in mandated pension schemes. However, as the literature on PPPs suggests, institutional arrangements of accountability are more complex in the case of PPPs than has been suggested by previous studies on pension administration. Thus, there is a need for further elaboration of existing comparative models. This study's analysis examines 19 old‐age pension schemes that existed in 18 European countries at the beginning of 2013. The findings suggest that significant variations in accountability structures exist, even among schemes that are similar in terms of their pension policy targets. It is concluded that various schemes suffer from ineffective accountability structures that may compromise the legitimacy and sustainability of PPP‐type pension schemes.     

"Ask a Policeman": Community Consultation in Practice

This article examines the development of police-community consultation arrangements in one large county in southern England: arrangements made under Section 106 of the Police and Criminal Evidence Act 1984. It analyses the various responses of the main parties in the process: the police, the police authority, and the local committees themselves; and considers the extent to which the practice of consultation relates to wider claims for the enhancement of police accountability. The main conclusions are that, at least in the force area concerned, the predominant conflict was not, as might have been expected, between police representatives and the local community, but rather between the police authority and the local committees, for which they were formally responsible. In so far as such tensions can occur, the article argues for a more cautious approach to the question of the democratic accountability of the police to the extent that the police authority is to be entrusted with a central role in the reform of the current system of police accountability.     

Accountability Criteria and Policy Strategies in Direct Service Provision for the Aged

A broadly defined "marketing" approoch to accountability in service delivery is proposed, with particular artention to consumerism as it underlies the idea of accountability in the field of aging. Five policy strategies, aimed at strengthening consumerism, are identified.     

Editorial: genetic and genomic research-changing patterns of accountability

Debates about genomic science have raised questions about the implications for ethics and accountability. Accountability has external and internal aspects. Whereas ethical review, including attention to appropriate consent procedures, has been central to 'giving an account' externally, there are also issues internal to the practice of science itself. The pursuit of truth is central to the scientific endeavour, but truths can sometimes be 'inconvenient', leading to complex questions of accountability that go beyond the issues of consent. This is illustrated by the case of the Havasupai.     

基层信访治理中的“包保责任制” 实践逻辑与现实困境 以鄂中桥镇为例

本文以桥镇为个案,运用国家、基层政权和农民博弈关系的三层分析框架,阐释了乡村基层信访治理中“包保责任制”的实践逻辑和现实困境。研究发现,尽管“包保责任制”能够强化包保责任人的责任意识,并在一定程度上缓解信访治理工作难题,但监控环境与空间隔离、监控技术与社会基础、监控强度与道义压力这三大矛盾使得这一制度的运行陷入困境,滋生了越来越多与制度设计初衷相悖的“目标替代”行为。在此基础上,本文阐释了中国科层制运作的三大矛盾,即理性科层制与非理性运作的矛盾、专业化与综合性的矛盾、常规运作与非常规任务的矛盾,并给出了相应的理论解释。本研究强调,在中国基层权力运作中,长期而广泛存在的名实分离的矛盾现象,不仅仅是科层体制内部各行动主体博弈的结果,也不纯粹是一个组织激励问题,而是由科层体制与乡村社会的合力所催生。由此,在推进基层政权现代化建设进程中,就不能局限于制度建设层面,还要考虑是否具备支撑现代基层政权的社会基础和制度环境。     

社会工作伦理守则的执行与问责体系探析

本文归纳了社会工作伦理守则的执行与问责体系,以有助于我国建立社会工作的专业自律体系的建立。伦理守则的落实需要静态的规范系统和动态行动体系来支持。其中,规范体系包括教育课程方面、职业资格认证方面、实践标准方面、机构规章及国家政策法规方面等;行动体系则是指社会工作机构、同事、伦理守则的制定机构及其伦理委员会、职业责任险的提供者、社会工作者个人等方面。问责体系主要通过一定的投诉和制裁程序来体现,其一般程序包括提出申请及初步审议、小组委员审议及裁决、公布及执行裁决结果等。     

Performance measurement: the new accountability

Over the years, "accountability" in the human services has focused upon issues such as the legal framework, organizational management, financial responsibility, political concerns, and client inputs and expectations. Within the past decade, the meaning of "accountability" has been extended to the more dynamic organizational functions of "efficiency" and " effectiveness." Efficiency and effectiveness increasingly must be put to the tests of performance measurement and outcome evaluation. Forces outside the social work profession, including, among others, federal expectations and initiatives and the increased implementation of the concept of managed care, will ensure that efficiency and effectiveness will be central and highlighted concerns far into the future. This "new accountability" is demanded by the stakeholders in the nonprofit sector and by federal requirements built into the planning, funding, and implementation processes for nonprofits and for-profits alike.     

我国经济责任审计存在的问题及对策分析

经过多年的发展,我国的经济责任审计工作取得了明显成效,积累了不少好的经验和做法,但仍然存在着许多问题。本文试图在分析当前我国经济责任审计存在的问题的基础上,寻找原因并结合中国实际提出相应对策。