The aim of this article is to outline the general parts of the legal branch called financial law. It is intended as the first part of a series of articles outlineing the topic in detail. The aim of the submitted contr...The aim of this article is to outline the general parts of the legal branch called financial law. It is intended as the first part of a series of articles outlineing the topic in detail. The aim of the submitted contribution is to demonstrate that the financial and legal aspects created the basis of economic development of the regions from the early beginnings of human society. Social relations constituting the subject-matter of the financial law had been developing, changing, and had become established before the financial law itself has been constituted. These relations seem to have been present from the very beginning of the existence of the human society. Regulatory acts associated with regulation of these relationships embodied solidarity and methodological specificities. The specificity of the subject-matter of regulation, solidarity and methodological specificities of the financial, and legal standards sufficiently define superstructure with a natural law character. The superstructure is based on constitutional system of national states after the EU integration has been completed on the EU law. As we can evaluate retrospectively, the transfer of fmanciallaw competencies in Brussels was a failiure. Since the political union was established through the Lisbon treaty in 2009 the European sovereign debt crisis emerged and ravaged the EU until today.展开更多
Fiscal decentralization in Brazil has promoted a break in the national collection system and granted greater autonomy to states and municipalities against the federal government with regard to fundraising. The theoret...Fiscal decentralization in Brazil has promoted a break in the national collection system and granted greater autonomy to states and municipalities against the federal government with regard to fundraising. The theoretical difference emerged, when one observes the greatest proliferation of local entities from the autonomy granted by the Federal Constitution （FC） from 1988 to the various levels of government, many of which almost totally depend on inter-governmental transfers. There are those who advocate the strengthening of public actions from observing the problems of small units （municipalities） and who will now have greater decision-making freedom. Therefore, this article aims to analyze the public finances of municipalities in the core theoretical （all people born in Espirito Santo） state guided by the Fiscal Responsibility Law （FRL） and fiscal decentralization in the country. For this purpose, they were taken as the time frame 2001 and 2009. Methodologically, this paper used a literature review, as well as data from the National Treasury Secretariat （STN）. In addition, authors took as a tool to help multiple regression models to strengthen the results. The principal evidence shows that, even with a slight improvement in the framework of indicators of revenue, these municipalities have proved essentially dependent on resources from the Union. Additionally, the results show a relative reduction of spending on items, such as staff costs and legislation in one year to another. In parallel, there were greater participation of the variables, costs of health and sanitation, education and culture, among others, to explain the variation of the expenditure of municipalities in Espirito Santo in the years observed. The data fit well to the model with a significance level of 1%.展开更多
This study is seeking an answer as to whether the efficient state and the state under the rule of law are indeed irreconcilable, as well as to whether these two categories are by nature to be seen as contrary concepts...This study is seeking an answer as to whether the efficient state and the state under the rule of law are indeed irreconcilable, as well as to whether these two categories are by nature to be seen as contrary concepts. The basic issue is whether efficiency is to be handled as an ＂extralegal＂ category, or whether legal regulation, in accordance with public administration traditions in Europe, can in itself meet the requirement of efficiency. Also the study presents the formation of the issue of conflict between the effective state and the state under the rule of law in Hungary after the election held in 2010 in the practice of economic policy and legislation of the Orban government. We are trying to answer the question of the tendency of power concentration to really menace the principles of a traditionally-formed state under the rule of law, as well as whether the economic policy of the government can be implemented effectively in a strongly centralized political and state administrative system.展开更多
A public health system generally refers to public utilities oriented toward protecting and improving health. It is intended to protect the health of the general public. Since the founding of the People’s Republic of ...A public health system generally refers to public utilities oriented toward protecting and improving health. It is intended to protect the health of the general public. Since the founding of the People’s Republic of China, China has constructed the largest healthcare system in the world. The 20th National Congress of the Communist Party of China(CPC), stressed that China will improve its public health system. Looking back at the history of China’s public health system from its inception to the reform and development and then improvement, it can be found that its development has always revolved around the theoretical logic of unifying rights and obligations and the practical logic of balancing the protection of the right to health and the regulation of state power. The fundamental goal is to protect the right to health of the people. The increasing health risks in modern society have changed require that efforts be made to construct a crisscrossing legal framework for public health, improve early-warning and emergency response mechanisms for public health emergencies,and integrate the health concept into all policies to further improve the public health system.展开更多
Public procurement denotes the attainment of goods,works,or services required by governments through contracts.Public procurement is usually plagued with covert practices and exclusive forms of corruption in Banglades...Public procurement denotes the attainment of goods,works,or services required by governments through contracts.Public procurement is usually plagued with covert practices and exclusive forms of corruption in Bangladesh.The cost of development finance is much higher in public procurement than that of others in Bangladesh.There have been no unified rules or laws regarding government purchases since 2006.The Government of Bangladesh enacted its ever first act of public procurement,the Public Procurement Act,2006(PPA,2006),and the Public Procurement Rules,2008(PPR,2008).The procurement entity must disseminate procurement information through electronic medium i.e.Electronic Government Procurement(hereinafter e-GP).Despite passing over an era since its enactment,the role of the PPA,2006 remains seriously under-researched area,specifically there is no research on the issue of the grievance redress mechanisms.The study has been done using a qualitative case study methodology,backed by both primary and secondary documentary analysis.Based on empirical data,this paper explained the role of digitalization in the process of government procurement and depicted changes that have been brought by the implementation of e-GP in government purchases.However,it concluded that the grievance redress mechanism in the process of procurement is only existing in the policy papers which need mandatory implementation for a transparent and accountable governance system.Despite the significant changes and up-gradation in digital government procurement,it is hardly found that the GRM process is digitalized.And the mass tenderers are yet to be acquainted with the improvised system apart from the consistent efforts of the government.展开更多
文摘The aim of this article is to outline the general parts of the legal branch called financial law. It is intended as the first part of a series of articles outlineing the topic in detail. The aim of the submitted contribution is to demonstrate that the financial and legal aspects created the basis of economic development of the regions from the early beginnings of human society. Social relations constituting the subject-matter of the financial law had been developing, changing, and had become established before the financial law itself has been constituted. These relations seem to have been present from the very beginning of the existence of the human society. Regulatory acts associated with regulation of these relationships embodied solidarity and methodological specificities. The specificity of the subject-matter of regulation, solidarity and methodological specificities of the financial, and legal standards sufficiently define superstructure with a natural law character. The superstructure is based on constitutional system of national states after the EU integration has been completed on the EU law. As we can evaluate retrospectively, the transfer of fmanciallaw competencies in Brussels was a failiure. Since the political union was established through the Lisbon treaty in 2009 the European sovereign debt crisis emerged and ravaged the EU until today.
文摘Fiscal decentralization in Brazil has promoted a break in the national collection system and granted greater autonomy to states and municipalities against the federal government with regard to fundraising. The theoretical difference emerged, when one observes the greatest proliferation of local entities from the autonomy granted by the Federal Constitution （FC） from 1988 to the various levels of government, many of which almost totally depend on inter-governmental transfers. There are those who advocate the strengthening of public actions from observing the problems of small units （municipalities） and who will now have greater decision-making freedom. Therefore, this article aims to analyze the public finances of municipalities in the core theoretical （all people born in Espirito Santo） state guided by the Fiscal Responsibility Law （FRL） and fiscal decentralization in the country. For this purpose, they were taken as the time frame 2001 and 2009. Methodologically, this paper used a literature review, as well as data from the National Treasury Secretariat （STN）. In addition, authors took as a tool to help multiple regression models to strengthen the results. The principal evidence shows that, even with a slight improvement in the framework of indicators of revenue, these municipalities have proved essentially dependent on resources from the Union. Additionally, the results show a relative reduction of spending on items, such as staff costs and legislation in one year to another. In parallel, there were greater participation of the variables, costs of health and sanitation, education and culture, among others, to explain the variation of the expenditure of municipalities in Espirito Santo in the years observed. The data fit well to the model with a significance level of 1%.
文摘This study is seeking an answer as to whether the efficient state and the state under the rule of law are indeed irreconcilable, as well as to whether these two categories are by nature to be seen as contrary concepts. The basic issue is whether efficiency is to be handled as an ＂extralegal＂ category, or whether legal regulation, in accordance with public administration traditions in Europe, can in itself meet the requirement of efficiency. Also the study presents the formation of the issue of conflict between the effective state and the state under the rule of law in Hungary after the election held in 2010 in the practice of economic policy and legislation of the Orban government. We are trying to answer the question of the tendency of power concentration to really menace the principles of a traditionally-formed state under the rule of law, as well as whether the economic policy of the government can be implemented effectively in a strongly centralized political and state administrative system.
基金a phased result of the key project of the National Social Science Fund titled “Review and Analysis of the Research of Jurisprudence in China in the Past 70 Years”(project approval No. 19AFX002)the student research project of Southwest University of Political Science and Law titled “Law on the Promotion of Basic Medical and Health Care and New Progress in the Protection of the Right to Health”(project approval No. 2021XZXSZC)。
文摘A public health system generally refers to public utilities oriented toward protecting and improving health. It is intended to protect the health of the general public. Since the founding of the People’s Republic of China, China has constructed the largest healthcare system in the world. The 20th National Congress of the Communist Party of China(CPC), stressed that China will improve its public health system. Looking back at the history of China’s public health system from its inception to the reform and development and then improvement, it can be found that its development has always revolved around the theoretical logic of unifying rights and obligations and the practical logic of balancing the protection of the right to health and the regulation of state power. The fundamental goal is to protect the right to health of the people. The increasing health risks in modern society have changed require that efforts be made to construct a crisscrossing legal framework for public health, improve early-warning and emergency response mechanisms for public health emergencies,and integrate the health concept into all policies to further improve the public health system.
文摘Public procurement denotes the attainment of goods,works,or services required by governments through contracts.Public procurement is usually plagued with covert practices and exclusive forms of corruption in Bangladesh.The cost of development finance is much higher in public procurement than that of others in Bangladesh.There have been no unified rules or laws regarding government purchases since 2006.The Government of Bangladesh enacted its ever first act of public procurement,the Public Procurement Act,2006(PPA,2006),and the Public Procurement Rules,2008(PPR,2008).The procurement entity must disseminate procurement information through electronic medium i.e.Electronic Government Procurement(hereinafter e-GP).Despite passing over an era since its enactment,the role of the PPA,2006 remains seriously under-researched area,specifically there is no research on the issue of the grievance redress mechanisms.The study has been done using a qualitative case study methodology,backed by both primary and secondary documentary analysis.Based on empirical data,this paper explained the role of digitalization in the process of government procurement and depicted changes that have been brought by the implementation of e-GP in government purchases.However,it concluded that the grievance redress mechanism in the process of procurement is only existing in the policy papers which need mandatory implementation for a transparent and accountable governance system.Despite the significant changes and up-gradation in digital government procurement,it is hardly found that the GRM process is digitalized.And the mass tenderers are yet to be acquainted with the improvised system apart from the consistent efforts of the government.
