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"Trust as a Reliance Interest: Administrative Law and Financial Regulation in the United States and its Comparative Implications" "信托作为一种信赖利益:美国的行政法和金融监管及其比较影响"
IF 1 4区 管理学 Q3 Social Sciences Pub Date : 2023-12-20 DOI: 10.24193/tras.si2023.2
Anthony M. Bertelli
This article argues that regulatory trust is established and maintained through a relationship between stakeholders and the government, with the former group of organizations and individuals relying on their understanding of this relationship. Federal administrative law in the United States makes the expectations about the regulatory environment on which stakeholders rely more meaningful by granting stakeholders the right to bring actions in court when their expectations are being (or seem likely to be) dashed. To make this argument, I begin with the threshold question of how courts serve as a forum for voicing claims of distrust in regulatory regimes. I then consider the importance of political accountability over regulatory decision making, illustrating the concerns about the structure of agencies that regulate consumer and housing finance. Next, I will discuss a second major challenge to trust that arises from the extent to which the authority of regulatory agencies is circumscribed by legislation. Along the way, I draw on the case law presented to argue that problems of trust in financial regulation center on the reliance interests of stakeholders. Finally, the argument suggests a research agenda into trust as a reliance interest that I sketch in the conclusion.
本文认为,监管信任是通过利益相关者与政府之间的关系建立和维持的,前者是组织和个人对这种关系的理解。美国联邦行政法赋予利益相关者在其期望落空(或似乎可能落空)时向法院提起诉讼的权利,从而使利益相关者所依赖的对监管环境的期望更有意义。为了提出这一论点,我首先提出了一个门槛问题,即法院如何充当表达对监管制度不信任诉求的论坛。然后,我考虑了政治问责对监管决策的重要性,说明了对消费者和住房金融监管机构结构的担忧。接下来,我将讨论对信任的第二大挑战,即监管机构的权力在多大程度上受到立法的限制。在此过程中,我将借鉴所介绍的案例法,论证金融监管中的信任问题主要集中在利益相关者的利益依赖上。最后,我在结论中提出了将信任作为依赖利益的研究议程。
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引用次数: 0
Turbulence in the Relationships Between Governments and High Tech Firms 政府与高科技公司之间关系的动荡
IF 1 4区 管理学 Q3 Social Sciences Pub Date : 2023-12-20 DOI: 10.24193/tras.si2023.10
M. D. de Vries
"The turbulent times governments all over the world are facing include the transition towards the Fourth Industrial Revolution (4IR) in which the confluence of new technological developments result in major challenges for national as well as local governments. The confluence of the newly developed technologies is only possible if huge amounts of data can be stored and transmitted at high speed in, among others, hyperscale data centers (HDCs). This paper focuses on the complex relation that arises between local governments - on whose soil the HDCs are built - and the high tech companies planning and building the HDCs. This relationship is characterized by an unequal playing field with local governments being no match for the high tech industry. The latter sometimes have annual turnovers 1000 times higher than those of local governments and impose rather different demands on decision making processes than governments do. They impose restrictions on the decision-making process that result in processes running counter to principles of good governance and, if exposed, result in a deterioration of institutional trust among the population. This is illustrated through a case study in which a small municipality in the Netherlands was faced with an offer from Meta to make a huge investment in a hyperscale data center, provided the whole process towards the permits and the approval of the building would remain secretive. Shown is an imposed secrecy by the high tech firm and information revealed about the process afterward through the Freedom of Information Act disclosing many irregularities. This changed the existing trust in the municipality into complete distrust at the end of the process and eventually forced the High Tech company to withdraw. The relevance of this paper for this special issue is that the case study shows that the new developments towards the 4IR require capacitated, knowledgeable and decisive local governments, which momentarily are not even present in a developed country like the Netherlands."
"世界各国政府都面临着动荡的时代,其中包括向第四次工业革命(4IR)的过渡,新技术的发展给国家和地方政府带来了重大挑战。只有在超大规模数据中心(HDC)等设备中高速存储和传输海量数据,才能实现新技术的融合。本文重点探讨地方政府(超大规模数据中心就建在地方政府的土地上)与规划和建设超大规模数据中心的高科技公司之间的复杂关系。这种关系的特点是竞争环境不平等,地方政府不是高科技产业的对手。后者的年营业额有时是地方政府的 1000 倍,对决策过程的要求也与政府不同。它们对决策过程施加限制,导致决策过程与善治原则背道而驰,一旦暴露,就会导致民众对机构的信任度下降。有一个案例可以说明这一点:荷兰的一个小市镇面对 Meta 公司提出的巨额投资超大规模数据中心的提议,条件是整个许可和建筑审批过程必须保密。这就是高科技公司强加的保密措施,以及事后通过《信息自由法》披露的有关该过程的信息,其中披露了许多违规行为。这使得人们对市政当局原有的信任在整个过程结束时变成了完全的不信任,并最终迫使高科技公司退出。这篇论文与本特刊的相关性在于,案例研究表明,4IR 的新发展需要有能力、有知识和有决断力的地方政府,而在荷兰这样的发达国家,目前甚至还不存在这样的地方政府"。
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引用次数: 0
"Managers’ Decision-Making Strategies During Crises: Bounded Rationality and Intuition — an Interplay" "危机期间管理者的决策策略:有限理性与直觉--相互作用"
IF 1 4区 管理学 Q3 Social Sciences Pub Date : 2023-12-20 DOI: 10.24193/tras.si2023.7
Marian Preda, O. Stan
The article discusses managers’ decision-making strategies that encompass risk, time pressure, and uncertainty into a heuristic logic of obligation to act. It highlights the performative features of metacognitive processes that put intuition into use within the framework of bounded rationality and emotional intelligence. Among the threats that leaders face when confronted with intuitive decision-making are failure, blame, and reputational damage, with ensuing restoration tactics. The implications for impactful managerial practices concern ways to reconcile short-term acceptability with collective rationality outcomes of actionable decisions.
文章讨论了管理者的决策策略,这些策略将风险、时间压力和不确定性纳入了行动义务的启发式逻辑中。文章强调了元认知过程的执行特征,即在有界理性和情商框架内运用直觉。领导者在面对直觉决策时所面临的威胁包括失败、指责和声誉受损,以及随之而来的修复策略。对有影响力的管理实践的影响涉及如何协调短期可接受性与可执行决策的集体理性结果。
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引用次数: 0
"Politicization of Public Administration in Romania and its Consequences for Governance in Turbulent Times" "罗马尼亚公共行政的政治化及其对动荡时期治理的影响"
IF 1 4区 管理学 Q3 Social Sciences Pub Date : 2023-12-20 DOI: 10.24193/tras.si2023.8
Liviu Radu, Bianca Veronica Radu
The article aims to analyze the level of politicization of civil service in Romania, its goals, and consequences. We adopted a rather narrow perspective on politicization and we concentrated mainly on analyzing the recruitment, promotion, and dismissal of civil servants based on political criteria. The research findings were used to discuss the consequences of politicization on the governance of public institutions during turbulent times. In this regard, we conducted an email-based survey of the civil servants. The majority of the sample was composed of graduates of public administration programs at four major universities in Romania, who work in public institutions. We collected the data between May and November 2023 and we obtained 211 valid questionnaires. We found that appointments based on political criteria lower the work motivation of public employees, and increase the level of incompetence and instability of public institutions. The most affected are public employees in management positions, those who have longer work experience in the public sector, and those who work in public institutions that are part of central administration. Therefore, frequent changes based on political criteria lower the capacity of public institutions to respond to disruptive events by generating a loss of expertise, instability, and discontinuity in policy implementation. However, turbulent times require flexibility and adaptation to unexpected and unpredictable events, and political appointees might be more responsive and cooperative.
本文旨在分析罗马尼亚公务员政治化的程度、目标和后果。我们对政治化采取了相当狭隘的视角,主要集中于分析基于政治标准的公务员招聘、晋升和解聘。研究结果用于讨论政治化在动荡时期对公共机构治理的影响。为此,我们通过电子邮件对公务员进行了调查。大部分样本由罗马尼亚四所主要大学公共管理专业的毕业生组成,他们都在公共机构工作。我们在 2023 年 5 月至 11 月期间收集了数据,共获得 211 份有效问卷。我们发现,基于政治标准的任命降低了公职人员的工作积极性,增加了公共机构的不称职和不稳定程度。受影响最大的是担任管理职位的公职人员、在公共部门工作经验较长的公职人员以及在属于中央行政部门的公共机构工作的公职人员。因此,基于政治标准的频繁变动会造成专业知识的流失、不稳定性和政策执行的不连续性,从而降低公共机构应对破坏性事件的能力。然而,动荡时期需要灵活适应意外和不可预测事件,政治任命人员可能会更积极响应和合作。
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引用次数: 0
"‘Non-Standard’ Political Parties and the Capacity to Govern in Turbulent Times: Slovakia 2020–2022" "动荡时期的'非标准'政党和治理能力:斯洛伐克 2020-2022 年
IF 1 4区 管理学 Q3 Social Sciences Pub Date : 2023-12-20 DOI: 10.24193/tras.si2023.6
Ivan Malý, Juraj Nemec
This article evaluates whether the failures of the two coalition governments that presided over Slovakia between March 2020 and September 2022 should be connected primarily to the two crises of the investigated period (COVID-19 and the war in Ukraine), or whether other critical factors were involved. Our findings highlight the limited performance of public administration in Slovakia and the very limited capacity of both governments to govern during the selected period. We confirmed that the coalition governments were created from ‘non-standard’ political parties, and the leadership was problematic. We do not insist that these factors are interrelated, but the possibility should be the focus of further research.
本文评估了 2020 年 3 月至 2022 年 9 月间斯洛伐克两届联合政府的失败是否主要与调查期间的两场危机(COVID-19 和乌克兰战争)有关,或者是否涉及其他关键因素。我们的研究结果凸显了斯洛伐克公共行政的有限表现,以及两届政府在选定时期内的执政能力都非常有限。我们证实,联合政府是由 "非标准 "政党组成的,领导层也存在问题。我们并不坚持认为这些因素是相互关联的,但这种可能性应成为进一步研究的重点。
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引用次数: 0
"Romanian Ngos’ Efforts to Advocate on Behalf of Marginalized Groups and Prevent Social Turbulence" "罗马尼亚非政府组织努力为边缘化群体代言并防止社会动荡"
IF 1 4区 管理学 Q3 Social Sciences Pub Date : 2023-12-20 DOI: 10.24193/tras.si2023.4
L. Irimieș, Cosmin Irimieș, Emil Mesaros
While Romania has undergone huge progress during the last 30 years, the situation of marginalized groups hasn’t progressed as well as the country’s rapid economic development. The plight of vulnerable groups such as unhoused people, persons with disabilities, and the LGBTQ community continues to be a source of social turbulence, as they are consistently facing exclusion. Authorities do not prioritize their integration within society and there is a lack of policies to deal with these issues, leading to the appearance of extremely polarizing movements such as the 2018 referendum initiative to ban same-sex unions. This paper aims to analyze three case studies where advocacy organizations championed the cause of the above-mentioned groups, in order to increase visibility, representation, and integration, and pinpoint best practices for organizations advocating on behalf of disadvantaged groups. The three main best practices we have learned regarding advocacy projects targeting public policy for marginalized groups are: a. always put a local group at the center of the project, b. bring outside partners or mentors who can bring advocacy skills to the project, c. look for other, supplemental, positive outcomes, that usually tend to come up in the work with marginalized groups.
虽然罗马尼亚在过去 30 年中取得了巨大进步,但边缘化群体的境况并没有随着国家经济的快速发展而改善。无住房者、残疾人和男女同性恋、双性恋和变性者群体等弱势群体的困境仍然是社会动荡的根源,因为他们始终面临排斥。当局没有优先考虑他们融入社会的问题,也缺乏处理这些问题的政策,导致出现极端两极分化的运动,如 2018 年禁止同性结合的公投倡议。本文旨在分析三个案例研究,在这些案例研究中,倡导组织支持上述群体的事业,以提高他们的能见度、代表性和融入度,并指出代表弱势群体进行倡导的组织的最佳做法。关于针对边缘化群体公共政策的宣传项目,我们学到的三个主要最佳做法是:a. 始终将当地群体作为项目的中心;b. 引入能够为项目带来宣传技巧的外部合作伙伴或导师;c. 寻找其他补充性的积极成果,这些成果通常会在与边缘化群体的合作中出现。
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引用次数: 0
The Contribution of Artificial Intelligence to Stimulating the Innovation of Educational Services and University Programs in Public Administration 人工智能对促进公共管理教育服务和大学项目创新的贡献
4区 管理学 Q3 Social Sciences Pub Date : 2023-10-31 DOI: 10.24193/tras.70e.5
Ruxandra-Irina POPESCU, Oana Matilda SABIE, Marian Iulian TRUȘCĂ
In the new contemporary pandemic paradigm, higher education in public administration and beyond knows challenges, barriers, and opportunities for the academic process. Shocks, environmental changes and physical distancing in recent years have led to the implementation of efficient solutions in educational services, based on artificial intelligence (AI). Thus, in the global academic landscape, many international universities have adopted a ‘chatbot’, a digital interface designed to stimulate conversation with people. Modern algorithmic communications have effects, such as: increasing the number of enrollments in public administration programs, improving academic experience and active student participation, while reducing administrative tasks on university staff. This paper aims to provide a glimpse on the perceptions of the potential impact of conversational artificial intelligence on public administration (PA) programs from universities and to reflect on its implications for university leaders and staff work and also on students’ engagement. The paper will focus on how AI tools will help university programs to be more effective, and how technology will support the limited human resources in this sector. In order to gather the data for this research, the interview was used as well as case studies from international universities that have implemented a chatbot. The research findings capture technological and digital advances that will continue to shape the higher education landscape and its curricula, especially in PA programs. As a result, leaders will need to monitor how artificial intelligence, in particular conversational agents, influences universities’ images; attraction and retention for students in PA programs and other important partners; staff productivity, and how to be more proactive in initiating pilot projects. This is one of the few publications that looks at the expectations for conversational AI in higher education today. In this sense, implementing a chatbot can be a competitive advantage in a market where modern technologies weigh heavily and make a difference.
在新的当代流行病范式中,公共行政及其他领域的高等教育知道学术进程的挑战、障碍和机遇。近年来的冲击、环境变化和物理距离导致在基于人工智能的教育服务中实施有效的解决方案。因此,在全球学术领域,许多国际大学都采用了“聊天机器人”,这是一种旨在促进与人对话的数字界面。现代算法交流的效果包括:增加了公共管理专业的入学人数,提高了学术经验和学生的积极参与,同时减少了大学工作人员的行政任务。本文旨在概述对话式人工智能对大学公共管理(PA)项目的潜在影响的看法,并反思其对大学领导和员工工作以及学生参与的影响。该论文将重点关注人工智能工具如何帮助大学项目更有效,以及技术如何支持该领域有限的人力资源。为了收集本研究的数据,我们使用了访谈以及来自实施聊天机器人的国际大学的案例研究。研究结果表明,技术和数字技术的进步将继续塑造高等教育的格局和课程,尤其是私人助理项目。因此,领导者需要监控人工智能(尤其是对话代理)如何影响大学的形象;吸引和留住PA项目和其他重要合作伙伴的学生;员工的生产力,以及如何更积极主动地开展试点项目。这是为数不多的关注当今高等教育对对话式人工智能期望的出版物之一。从这个意义上说,在现代技术举足轻重的市场中,实现聊天机器人可以成为一种竞争优势。
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引用次数: 0
Citizens’ Voice as a Cornerstone of Making Territories Smart 公民的声音是打造智慧领土的基石
4区 管理学 Q3 Social Sciences Pub Date : 2023-10-31 DOI: 10.24193/tras.70e.1
Anna D’AURIA, Marco TREGUA, Manuel Carlos VALLEJO-MARTOS, Rocio MARTÍNEZ-JIMÉNEZ
This paper aims to answer the call for studies on smart transformation in small and rural municipalities. It focuses on the ‘smart territory’ concept, which includes all the features of the smart city but considers a larger and less delimited urban area, as well as the intricacy of effects among towns and cities. To address such a space, the authors conducted an in-depth analysis of the Province of Jaén in Spain through a content analysis of interviews with representatives from local associations of citizens. The results confirmed that a participatory approach supports the territory management thanks to the government-to-citizens interactions that allow getting direct information: The citizens’ voice is about perspectives and opinions related to the status of different neighborhoods, towns, or villages, as well as the city, and real opportunities to shape a smart territory as theorized. The study’s contribution stems mostly from the category of actors involved, as the critical issues, as well as the opportunities in local development, are usually investigated by involving either local administrations or politicians and citizens. Listening to citizens’ voices also addresses the intricacies of a territory overcoming the limits of an approach based on a single town or city. Furthermore, detecting problems and opportunities in an urban context in this way can help in planning local smart development.
本文旨在回应小城市和农村城市智能转型研究的呼吁。它侧重于“智能领土”概念,其中包括智能城市的所有特征,但考虑到更大、更少划分的城市区域,以及城镇和城市之间影响的复杂性。为了解决这一问题,作者通过对当地公民协会代表的访谈内容进行分析,对西班牙的贾文森省进行了深入分析。结果证实,由于政府与公民之间的互动可以获得直接的信息,参与式方法支持领土管理:公民的声音是关于与不同社区、城镇或村庄以及城市的状况相关的观点和意见,以及理论上塑造智能领土的真正机会。这项研究的贡献主要来自所涉及的行为者类别,因为关键问题以及地方发展的机会通常是由地方行政部门或政治家和公民参与调查的。倾听公民的声音也解决了领土的复杂性,克服了以单一城镇或城市为基础的方法的局限性。此外,以这种方式发现城市环境中的问题和机会有助于规划当地的智能发展。
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引用次数: 0
Does Administrative Reform Improve the Business Environment in China? A Mixed-Method Analysis Based on Administrative Burden Theory 行政改革是否改善了中国的营商环境?基于行政负担理论的混合方法分析
4区 管理学 Q3 Social Sciences Pub Date : 2023-10-31 DOI: 10.24193/tras.70e.2
Zhang CHUN, Liao FUCHONG, Wang XIAOJUN
Does administrative reform boost the favorable business environment? What is the mechanism underlying such reform? This study explores the relationship between administrative reform and the business environment in China via a mixed-method approach. This paper extends administrative burden theory to government-company interactions and then proposes a framework that bridges administrative reform and the business environment. Based on firm-level survey data and case data, this quantitative analysis confirms that administrative reform can significantly boost the favorable business environment and that administrative burden is a mediating variable during this process. The qualitative comparative analysis contends that there are three different configurations that can boost the favorable business environment: collaborative governance, government-driven, and enterprise-driven configurations. Theoretically, this paper extends the administrative burden theory, which brings companies into this theory as new actors. We also provide reform advice for practitioners.
行政改革是否促进了有利的营商环境?这种改革的机制是什么?本研究采用混合方法探讨中国行政改革与商业环境之间的关系。本文将行政负担理论扩展到政企互动中,提出了行政改革与商业环境之间的桥梁框架。本定量分析基于企业层面的调查数据和案例数据,证实行政改革能够显著提升营商环境,行政负担是这一过程中的中介变量。定性比较分析认为,有三种不同的配置可以促进良好的商业环境:协作治理、政府驱动和企业驱动配置。在理论上,本文对行政负担理论进行了拓展,将企业作为新的行为主体纳入到行政负担理论中。我们也为从业者提供改革建议。
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引用次数: 0
Impact, Utilization and Applications of Digital Media for Government in Rural Settings. A Comparative US-Romania Research 数字媒体对农村政府的影响、利用和应用。美国-罗马尼亚比较研究
4区 管理学 Q3 Social Sciences Pub Date : 2023-10-31 DOI: 10.24193/tras.70e.7
Tudor VLAD, Cristina HINȚEA, Bogdana NEAMȚU, Viorel STĂNICĂ
This paper aims to answer the call for studies o Interaction between citizens and government has traditionally taken place in community settings, government meetings, special town hall meetings, written correspondence in letters, emails, or texts, or via a phone call to a government representative. With digital media, citizens can instantly interact with the government. The mobile component of digital media will continue to be important in this interaction. This research operates with the assumption that digital media expresses a paradigmatic shift regarding how to govern and how to communicate. Digital media clearly is transforming the way governments think, plan, and carry out their policies but more importantly, how they communicate public policy. Our research intends to understand how local government institutions in rural settings use digital media and other communication channels to communicate with their citizens. The research employs a comparative perspective by investigating rural communities from the US and Romania. This was achieved by undertaking a content analysis of local government’s websites and social media platforms, as well as collecting primary data through interviews with representatives of local government, to assess the ways they use digital media, traditional media, and other communication tools, and whether they viewed them as effective strategies.
这篇论文的目的是回应对传统上发生在社区环境、政府会议、特别市政厅会议、信件、电子邮件或文本的书面通信或通过电话给政府代表的公民与政府之间的互动进行研究的呼吁。有了数字媒体,公民可以立即与政府互动。在这种互动中,数字媒体的移动部分将继续发挥重要作用。这项研究的假设是,数字媒体表达了一种关于如何治理和如何沟通的范式转变。数字媒体显然正在改变政府思考、规划和执行政策的方式,但更重要的是,它正在改变政府传达公共政策的方式。我们的研究旨在了解农村地方政府机构如何利用数字媒体和其他沟通渠道与他们的公民沟通。这项研究采用了比较的视角,调查了美国和罗马尼亚的农村社区。通过对地方政府网站和社交媒体平台进行内容分析,以及通过采访地方政府代表收集原始数据,评估他们使用数字媒体、传统媒体和其他沟通工具的方式,以及他们是否将其视为有效的策略,从而实现了这一目标。
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引用次数: 0
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Transylvanian Review of Administrative Sciences
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