外文文献--行政程序规范性.pdf

Delegation of Control in Administrative Procedures Joris Hulstijn, Jianwei Liu, and Yao-Hua Tan Faculty of Economics and Business Administration Vrije Universiteit, Amsterdam jhulstijn@feweb.vu.nl, jliu@feweb.vu.nl, ytan@feweb.vu.nl Abstract. Norms are implemented by administrative procedures. This paper ad- dresses the delegation of control in administrative procedures. Instead of having to check all details, a controlling actor can trust the data provided by other ac- tors, provided they can demonstrate to be ‘in control’. In this paper we provide a conceptual analysis of situations in which control has been delegated. The ap- proach is based on an analysis of the dependencies between activities performed by the actors involved and on evidence documents. To motivate and illustrate the approach, we discuss a case study about the redesign of EU customs procedures for collecting excise duties. Keywords: administrative procedures, trust, evidence documents. 1 Introduction Norms for a society are implemented by means of regulations, documents and admin- istrative procedures. We can treat a norm as a kind of requirement, a desirable prop- erty of a system. In principle, there are many different implementations of the same norm, so these control procedures must be designed. This ‘design perspective’ on nor- mative systems has recently attracted a lot of interest in the area of electronic institu- tions, e-commerce and multi-agent systems [11,12,2,4]. However, much of this work is theoretical, and based on legal or philosophical abstractions. Less in known about the way in which administrative procedures develop in practice. Only when procedures are redesigned, do we get a chance to look at the development process of control mech- anisms. In the private sector, business p