scholarly journals Public Administration in China's Transitional Period and the Analysis of Its Reform

2016 ◽  
Vol 1 (2) ◽  
pp. 101
Author(s):  
Lihui Cai

China is undergoing change from a traditional planned economy to a socialist market economy. In this transitional period, China faces the task of reforming and innovating the function of public administration, a task common throughout the world. In order to improve the effectiveness, the accountability, and the quality of service of China's public administration, a number of issues must be discussed. These issues include: the status of China's market economic system and its requirements in the area of public administration; the inner conflicet between the development of China's economic system and the currrent public administrtion; and the overall reform of China's administration of the public sector (the competence of the government, governmental institutions, the personnel system and the legal system). Furthermore, this paper puts forward the notion that China's public administration reform should center on reinventing government by developing democratic institutions and transforming the function of government - particularly in the areas of the legal system and access to information and information technology.

2007 ◽  
Vol 52 (173) ◽  
pp. 85-104 ◽  
Author(s):  
Yereli Burçin ◽  
Erdem Seçilmiş ◽  
Alparslan Başaran

The aim of this study is to examine the relationship between the shadow economy and public debt in Turkey. We elaborate on the questions regarding the negative effects of shadow economy on the sustainability of public debt observing the estimates about the size of shadow economy in Turkey. In the light of some scholars? estimates, we re-evaluate the macroeconomic situation of Turkey. At the core of the study, we discuss how the government borrowing policies would differ if the shadow economy was included into the legal system. In order to examine the effects of shadow economy on sustainability, we use various sustainability indicators. There is a significant difference observed between the calculations which take into account the volume of shadow economy as a share of economic system and those that exclude shadow economy as an exogenous variable. .


2016 ◽  
Vol 4 ◽  
pp. 378-384
Author(s):  
Anisa Proda

As the last country in Europe to overthrow the communist regime, Albania has much to achieve in the legal system to build a full democracy. A government should be relied upon to create the necessary reforms to move a country out of transition. The governmental structure can either accelerate or prevent the country’s transition towards a market economy. The other pillar of society that reflects institutional performance is the country’s citizens. Trust is a factor that connects citizens with institutions. The main purpose of this research is to identify causes for citizens to lose their confidence in public institutions. The analysis, supported by quantitative data, aims to show the level of trust that citizens bestow to the most important Albanian public institutions. An Institution for Democracy and Mediation poll and this study’s results of meetings with focus groups were used to illustrate the public’s confidence in the governmental institutions, and to explore the causes of the citizen’s attitude towards the public institutions and their service in Albania.


2020 ◽  
Vol 41 (4) ◽  
pp. 163-181
Author(s):  
Jarosław Kostrubiec

The history of public administration in the state of emergency: the system of public administration in the territories of the former Austrian partition on the threshold of the Second Republic of PolandIn the reborn Poland, in the territories of the three former partitions, the creation of Polish centres of administrative power and its structures took place in a different political and legal environment. The main purpose of this article is to present the specificity of the process of creating public administration structures and determining its organizational model in the territories of the former Austrian partition in the context of the reconstruction of the Polish country. The article focuses on the status and rules of organization of public administration introduced by the Polish Liquidation Committee, Interim Governing Committee of Eastern Galicia, the Governing Committee, the General Government Delegate of Galicia and the National Council of the Duchy of Cieszyn. The main thesis of the author of the article is the statement that at the time of creating public administration structures in the territories of the former Austrian partition, the duality principle of the government and self-government administration was no longer in use, transferring the responsibility of administering to the monocratic administration authorities.


2021 ◽  
Vol 14 (2/2020) ◽  
pp. 79-98
Author(s):  
Sara Rajic

Public administration represents operations and practice of the government through management, administration and implementation of government policies having in mind public interests and the society as a whole. However, analysis of the political system and public administration in Bosnia and Herzegovina (BIH) reveals that this definition is rather “modified” when it comes to the mentioned country. Even though public administration reform is one of the priorities for BIH, the reasons why it has not been more successful are post-conflict reconstruction and state building, unique political organisation as a result of a peace agreement, veto mechanisms and ethnic quotas which makes the consensus harder to achieve and delays adoption of important strategies. Even though political elite in BIH is committed to public administration reform and the key reform institutions have been established there is a lack of necessary knowledge and skills, competences and most importantly, political will. However, public administration reform definitely represents one of the key conditions for the future of BIH and its accession to the European Union (EU). Undoubtedly, public administration reform is a complex reform, and in this paper, the focus is on the case study of BIH by identifying its key issues on the way to the EU membership. This paper is based on analytical method with an explorative and descriptive purpose, comparative legal method, literature review method, and finally, synthesis of results, combined with professional insight and conclusions.


2020 ◽  
Vol 3 (1) ◽  
pp. 14-25
Author(s):  
Christina Maya Indah S ◽  
Teguh Prasetyo

It is argued in this article that a study on the law reform of a country is the study which related to understanding of a scientific paradigm which made up of the basic idea of a country’s legal system. The main argument in this article is that the basic idea ofma legalmrefom on a legal system must be build upon the enforcement of the juridical principles found and developed in the system. This is derived from a postulate of the Dignified Justice teory perspective.In this view legal virtues underpinning a legal system are examined together as one system of principles and rules or a legal system. Philosophically, or it is a theoretical and a paradigm that law is believed as inseparable from the legal science itself. This philosophy has been developed to make a correction to the sociological jurisprudence perspective, which mainly argued that each occurence of social changes in a legal system cannot be answered by regulation alone. The sociological jurisprudence point of view argues that law is confined to the status quo of a society. Many has argued that this sociological indicative has occurred in many civil law systems, in particular Indonesia, to be used as its best prototype. In the Indonesian legal system, law is positioned as rules and regulations made by the legislative branch of the government. In this perspective laws has been excluded from humanity almost altogether. This article argues that Pancasila as the Indonesia Legal System is the way to solve this problem. Since Pancasila is used as the basis of the State and the source of all legal sources. For this reason, it is interesting to examine how the Pancasila actually became a basis of values in initiating the project of law reform in Indonesia.


2020 ◽  
Vol 5 (1) ◽  
pp. 1
Author(s):  
Zuliansyah P. Zulkarnain ◽  
Eko Prasojo

This article aims to elucidate the tradition of Japan’s public administration emphasizing the civil service system. A number of studies explain the impact of the tradition (norms, values, and institutions), in shaping the process and result of public administration reform. By applying the historical institutionalism perspective, this study reveals how the legacy of the past, the tradition promoted by the Meiji Restoration, creates the new tradition of public administration. This study selects Japan as a typical case representing Asian developmentalists. The remarkable Meiji restoration marked the process of adoption and adjustment of the Germanic traditions in the bureaucracy modernization. Norm institutionalization has established the new norms and civil service system. The basic norms consist of legality, consensus, and seniority. It develops the "kyaria" denoting recruitment, selection, and promotion influenced by seniority, long term performance, and prestigious university recommendation and produces competent and dominant mandarins in the policy process. However, the parliament continuously initiates the reform to reduce the mandarin's domination and heighten political control over the bureaucracy. The reform has not yet changed the power balance of two institutions since the ”kyaria's” embeddedness in Japan's polity produces two consequences. First, it contributes to public administration modernization. The mandarin’s outstanding performance increases political legitimacy and social acceptance to the "kyaria"system. Second, the parliament cannot drastically reduce the mandarin’s role since the lifetime employment model enriches them with knowledge and experience of the government affairs. Conducting cautious reform and, at the same time, working closely with the mandarin are the primary reform strategy of the parliament.


2020 ◽  
Vol 8 (12) ◽  
pp. 80-102
Author(s):  
Ghulam Shah Adel Alizai

Since a century ago, there have been many efforts to attract foreign investment in Afghanistan. These efforts include the codification of laws and policies and the provisionof facilities for participation of foreign companies in the Afghan economy through partnership with the government and partnership with private sector in this country. Since 2001, with the support of the market economy system in Afghanistan's constitution and the reform of some governmental institutions, these efforts have been accelerating, hoping thatencouraging foreign investors and their presence in the market will improve the economic situation. Unfortunately, these efforts have failed to meet the market expectations and the Afghanistan’s government purposes in order to attract foreign investment in Afghanistan. Even in 2014, and after that, the outflow of capital (domestic and foreign) has also beenreported from the economy of Afghanistan. Various variables can be considered as an obstacle to the development of foreign investment in Afghanistan, war, corruption, lack ofinfrastructure, lack of energy, lack of trained workforce and non-accountability of the legal system are in this category. In this research, it was assumed that the existing challenges in different sectors of legal framework of foreign investment in Afghanistan are the main obstacles to the growth of foreign investment in this country. In order to prove the hypothesis, the study was carried out using the experimental research method by referring to the investors and experts in the economic zone of Herat in western Afghanistan. The research results indicate that in some sectors, the legal system needs to be reformed, but in general and by comparing the legal system with other variables, the measure of investors' satisfaction is satisfactory, and regulations are not as the main obstacle to the growth of foreign investment in Afghanistan, thus based on the analysis of data, the existing challenges in the laws and policies is not the main obstacle to the growth of foreign investment in Afghanistan. Therefore, it is necessary for Afghanistan's government to take into account the challenges such as security problems, corruption, lack of infrastructure, lack of energy and lack of trained workforce and take steps to address them.


Author(s):  
Jaemin Lee

This chapter explains South Korea’s approach to incorporating and implementing treaties within its domestic legal system. The chapter begins by explaining the hierarchy of the legal system in Korea with specific reference to where treaties stand in the system. Treaties duly concluded automatically become part of the domestic law under the monistic approach adopted by the Korean Constitution. More specifically, the prevailing view in Korea is that treaties ratified with the consent of the National Assembly are deemed to have the same legal status as acts or statutes. Simplified treaties without ratification proceedings, hence without legislative consent, are considered to have the status of presidential decrees or enforcement decrees under acts or statutes. Due to the increasing interaction between treaties and municipal law, recent South Korean court cases attempt to clarify other outstanding legal issues, such as the distinction between self-executing and non-self-executing treaties, and the scope of individual persons’ claims under treaties. It is expected that more challenges will be raised in the executive branch and the legislature as well as the judiciary as domestic stakeholders are increasingly affected by a myriad of treaties, in particular free trade agreements and international investment agreements. Having realized the direct impact from treaties, domestic interest groups are now keen to provide their observations and views during negotiations and to scrutinize the implementing legislation of the government after the conclusion. Thus, while the constitutional framework of treaty conclusion has remained largely the same since 1948, the domestic legal and political landscapes for treaty negotiation, conclusion, and implementation are undergoing significant changes.


2016 ◽  
Vol 16 (1) ◽  
pp. 77-106 ◽  
Author(s):  
Bogoljub Milosavljević ◽  
Jelena Jerinić

Decentralisation has been recognised as one of the key priorities of the 2014 Serbian Public Administration Reform Strategy. To that end, the Serbian Government has taken steps towards preparing a national decentralisation strategy. Serbia has a single-level and almost completely monotype structure of local government, in which towns have the same organisation of bodies, and almost identical competences as municipalities do, including some minimal exceptions for the Town of Belgrade, as the country’s capital. In the light of the ongoing discussions on decentralisation in general and, more specifically, on the reform of the local government system, the authors comment on some of the issues in the centre of that discussion, particularly those relating to the status of towns in general and the status of the capital, and provide proposals for possible overall reforms of the local government system. Consequently, these issues will be analysed from the perspective of the need to alter the current constitutional framework.


2020 ◽  
Vol 7 (1) ◽  
pp. 275-286
Author(s):  
Diana Kostenko

Today the Ukrainian state is implementing the public administration reform according to European and international standards. This circumstance determines the need to study the problems of the theory and practice of public administration of national security. By the efforts of domestic scientists, namely: V. Abramov, O. Bortnikova, O. Zozula, H. Savranska, M. Shevchenko, the issue of implementing the participatory function of the national security system of Ukraine is being developed. Today, there are still few works that address the issues of improving the system of ensuring the national security of Ukraine based on the implementation of the idea of participatory management. The purpose of the article is to reveal the specifics of the conceptual idea of participatory management as a theoretical prerequisite for improving the national security system of Ukraine. The article analyzes the phenomenon of public administration, examines the structure and functions of the national security system, and defines the problems of organizing participatory management in the field of national security of Ukraine. Methods of analysis and synthesis, comparative analysis, and institutional approach were used to solve the research problems. The essence of the idea of participatory management, which consists of the integrity of the management process from the identification of the interests of the individual, community, society to the evaluation of the results of their solutions, is clarified. It is proved that the effective implementation of the participatory function of the national security system solves the problem of public participation in political decision-making and control over the actions of the government, as well as contributes to improving the effectiveness of the national security system.


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