创新与我国的大学生创业促进

创新是时代的命题,大学生创业是一种积极的就业措施,创新会给大学生创业带来良好机遇。大学毕业生是高等教育的"产品",促进大学生创业要进行高等教育"供给侧改革",实行适应市场的高等教育运行机制,扩大国家和社会对人力资本的投资,基于市场需求定位进行人才的培养。促进大学生创业有内外部两方面的措施:内部措施即提升大学毕业生的创业综合素质,包括专业知识技能、广博知识才学、优秀创业素质、创业实操技能和市场经济观念等;外部措施有发挥创业指导服务机构的作用,提升大学生创业教育的实效,拓宽大学生创业资金的来源,推进大学生创业立项审核制和招标制,持续帮助已立项的大学生创业项目等。     

税收结构改变的长期影响与转型特征

提高直接税比重是优化我国税制结构和调节收入分配的重要实现途径，但可能同时对经济增长和社会福利产生影响。当政府降低消费税，如果维持长期总税收不变，那么不管是提高工资收入税税率还是资本收入税税率，经济中的资本积累和生产规模都会有一定程度的缩减；从长期看，提高直接税比重会降低消费者福利，但是转型过程中可能会有部分代际受益。相比于提高资本收入税，提高工资收入税税率在长期给经济增长和消费者福利带来的负效应更为明显。     

Reforming Chinese arbitration law and practices in the global economy

In the last 50 years Chinese arbitration law and practices has made significant contributions to the international commercial arbitration and strides to manage the rapidly increasing caseload associated with a period of amazing growth in economic interactions between Chinese and non-Chinese parties. In the global economy there are rooms for further improvement. The paper proposed some ideas on reforming the Chinese arbitration law and practices on the arbitration system regarding the ad hoc arbitration, panel system and tribunal jurisdiction, interim measures of protection, as well as standards for the judicial review on the arbitral awards.     

A Dialectic Study of the Structure and Basic Concepts of Traditional Chinese Law and an Analysis of the Relationship Between li (ceremony) and fa (law)

In the course of history, the meaning of fa (a Chinese character with an approximate meaning of “law”) has not been invariable, and its connotation in modern times has been enriched constantly, so as to incorporate many elements of ancient li (ceremony). If the modern concept of law, already changed and still changing, is to be used to mechanically compare and interpret traditional Chinese law, misunderstandings might arise. Actually, li and fa are indispensable components of traditional Chinese law, and the lack of necessary study of the li will prevent us from understanding and explaining the spirit of traditional Chinese law. In traditional Chinese law, “fa” usually refers to an institutional dimension, especially after Qin and Han dynasties, whereas li, especially li yi (moral basis for rites and ceremonies), is where the value and spirit of traditional Chinese law can be found. Translated from China Social Science, 5^th Issue, 2003 in Chinese     

论植物人的法律人格及权利行使和保护

Although human vegetables lose their capacities of will and do not have the intrinsic attribute of civil subjects, they still have legal personalities and the status of civil subjects. The law has not provided for defects of their legal personalities, and thus civil law shall include human vegetables as objects of guardianship. The system of adult guardianship shall be constructed to supplement and correct the legal personalities of human vegetables. When human vegetables enter into a permanent vegetative state or state of brain death, law may declare the termination of legal personalities of the human vegetable. Due to the unique life state and capacity of act of human vegetables, the exercise of their civil rights faces a series of legal difficulties and challenges, mainly involving important issues such as the right of treatment for life rescue, marital right and reproductive right. The civil law shall ensure that the civil right of human vegetables can be fully enjoyed and effectively protected. Zhang Li, associate professor in civil and business law at Fujian Normal University, and also an invited researcher on civil law, international economic law and international private law, co-operated with Law School of Renmin University of China. Till now, she’s already released 23 theses in law journals and a monograph of the Survey of International Private Law. In addition, she was a member in doing studies (2006) on the legislation of Chinese tort law and presides over the researching (2007) of the legal personality and rights of disabled persons.     

Capital punishment, criminals and enemies

Right of life and life are different concept. The former is endowed w by state beforehand, which is proved through his behavior that he is deserved to own the right of life. The one who thoroughly offend the basic norm in the law is the enemy of our realistic world. If only the enemy still have danger to threaten the society, he should be executed to death penalty, and deprived of his life, but will not happen the problem of miscarriage of justice and inhumanity. The criminal’s behavior just only denies part of norm in the law, however, who still is mankind and should possess of mankind’s dignity, so we must abolish death penalty on them, miscarriage of justice is another reason of course. __________ Translated from Peking University Law Journal, 2005(5) (in Chinese) by Mi Zhibin     

我国数字鸿沟问题的“三农”透视

在信息化进程中,我国面临多重数字鸿沟。其中,我国的城乡数字鸿沟具有“三农”问题的特殊背景。三农问题是造成城乡数字鸿沟的重要因素之一,数字鸿沟也制约了三农问题的解决。为防止城乡差距的进一步拉大,我国应该以科学发展观为指导,采取综合措施治理城乡数字鸿沟。     

Necessity for Legislation on China’s Recycling Economy and Regulatory Framework Analysis

In China, the necessity for legislation on recycling economy (RE) first lies in the difference in the conceptions applied to define it. Three schools in theory are prevailing at present: affirmative, negative, and replaceable. The paper insists that RE is of unique implication for China. A practical need for legislation exists; however, those rational parts in both negative and replaceable schools should be given full consideration. The necessity for RE legislation rests not only upon requirements for social and economic development but also upon economic globalization and the internalization of environmental protection. China’s RE legislation should learn from foreign countries, meet actual needs of the country, make sure to coordinate with clean production law, and make recommendations and options for legislative modes, principles, and systems. This paper is on the basis of Zhou Ke, Cao Jianqun, ”Necessity for Legislation on China’s Recycling Economy and Regulatory Framework Analysis”, Xinhua Digest (half monthly), Vol. 11, 2005(in Chinese)     

The dynamics of autocratic coercion after the Cold War

This article examines coercive capacity and its impact on autocratic regime stability in the context of post-Soviet Armenia, Belarus, Georgia, and Ukraine. In the post-Cold War era, different types of coercive acts require different types of state power. First, high intensity and risky measures – such as firing on large crowds or stealing elections – necessitate high degrees of cohesion or compliance within the state apparatus. Second, effective low intensity measures – including the surveillance and infiltration of opposition, and various forms of less visible police harassment – require extensive state scope or a well-trained state apparatus that penetrates large parts of society.Coercive state capacity, rooted in cohesion and scope, has often been more important than opposition strength in determining whether autocrats fall or remain in power. Thus, the regime in Armenia that was backed by a highly cohesive state with extensive scope was able to maintain power in the face of highly mobilized opposition challenges. By contrast, regimes in Georgia where the state lacked cohesion and scope fell in the face of even weakly mobilized opposition. Relatively high scope but only moderate cohesion in Belarus and Ukraine has made autocratic regimes in these countries generally more effective at low intensity coercion to prevent the emergence of opposition than at high intensity coercion necessary to face down serious opposition challenges.     

Rural land ownership reform in China’s property law

With regard to rural land ownership, there exist many problems, such as absence of the subject of right, ambiguity of the definition of right quality, and imperfection of the taking system. To perfect the rural land ownership system in China, we should continuously take villagers’ groups and villages as the subject of collective ownership and affirm the right of the members of collective organizations. In order to promote the development of the rural economy and realize the value of land, the contractual management right should be deemed as a property right and allowed to be transferred. The transferability of collective land ownership should be gradually established and the process of taking should be further normalized. Meanwhile, the farmers must receive sufficient compensation. The house site usage right is a special form of right of usufruct. To follow the principle that property should be made best use of, the house site usage right should also be transferable.