社会主义市场经济条件下人的精神需求的特点

社会主义初级阶段人的精神需求 ,是人类精神需求发展过程中的一个特殊阶段。在这个阶段 ,人的精神需求在相当程度上依附于物质需求。从发展的角度看 ,社会主义市场经济是“物的依赖”时代向人的全面发展时代转变的过渡环节 ,是以物为目的向以人为目的转变的过渡环节。市场经济发展了人们的物质需求 ,也强化了与发展物质财富直接相关的精神需求 ,为人的精神需求的全面发展准备了条件。随着人们物质需求的发展和满足 ,随着人们科学文化素质的提高 ,精神需求在人的需求结构中的地位会相应提高 ,人的精神需求会向更广泛的空间发展。     

Towards a Political Economy of Reform, Regulation and Corporate Crime

This paper focuses on the passage and enforcement of laws regulating the corporate sector, specifying patterns which seem to emerge from this literature in the major English speaking democracies.
The creation of regulatory laws, the typical resistance by the industry and the state, and the crucial role of crises in the successful passage of laws are examined first. The patterns which law enforcement follows, and the key role of the regulatory agency in shaping these, are delineated next. The theoretical implications of these empirically based generalizations are then set out.
The author argues that neither the pluralist nor the mainstream Marxist analyses adequately explain the very real progress that has occurred over the past 400 years in containing corporate crime, because it has happened largely in spite of rather than because of laws and regulatory activity. Real reform resulted because ongoing struggles forged a change at the ideological level, and this in turn led to improvements at the level of production. By raising the price of legitimacy for corporations in a particular nation-state, prolaterian groups and their allies can create the conditions for change. Law and regulatory agencies have been of secondary importance, it is argued, in the struggle to restrain the predatory behavior of the corporate sector.     

Towards a Sociological Understanding of Football Hooliganism as a World Phenomenon

In this article a sociological diagnosis of football hooliganism as a world phenomenon is given. The author uses mainly English (newspaper) data about football violence (in and outside England) as an empirical base to explore how hooliganism can be theorised and understood. These data can usefully serve as a rough indication of the worldwide incidence of football hooliganism in the twentieth century. The author favours the figurational/process-sociological approach to football hooliganism which is historical and developmental. It also involves an exploration of the meanings of hooligan behaviour via an analysis of verbatim statements by the hooligans themselves, locates the football hooligans in the overall social structure, especially the class system, and examines the dynamics of the relationship between them and groups in the wider society. It is important, nevertheless, to stress that it is unlikely that the phenomenon of football hooliganism will be found always and everywhere to stem from identical social roots. As a basis for further, cross-national research, it is reasonable to hypothesise that the problem is fuelled and contoured by, among other things, what one might call the major 'fault-lines' of particular countries. Effective policies are urgently needed if the great social invention of football is to be protected from the serious threat posed by a combination of hooligan fans, complacent politicians and money-grabbing owners, managers and players.     

迈向合作治理:通过法律规制平台经济的制度边界及优化

通过法律规制平台经济的过程,其实质是在治理平台经济发展带来的负面性问题。借助法律多元主义理论视角分析平台经济发展的制度供给,会发现国家法律与平台规则共同构成平台经济发展的制度约束与保障,同时也是平台治理的重要制度资源。任何一项制度资源的投入会随着制度实施的环境条件以及制度执行者的价值观念变化而产生制度成本与效益的边际效应,这就为国家法律与平台规则的功能范围设定了制度边界,因而需要优化配置制度资源的投入和组合。而国家法律和平台规则的互嵌性,以及国家法律与平台规则在服务于平台经济创新发展的目标耦合性,也就决定了国家法律和平台规则之间存在制度合作的空间。因此在平台经济治理中,通过审慎评估国家法律在平台经济领域的实施效果,有效吸纳平台规则的治理优势,优化政府监管执法资源投入,可以有效形成合作治理的平台经济秩序。     

加快适应社会主义市场经济发展需要的中国财税法制建设

社会主义财税法律制度是中国社会主义法律体系的重要组成部分.加快社会主义财税法制建设,不仅对于建设社会主义法律体系和社会主义公共财政有十分重要的现实意义,而且对于深化改革开放,促进社会主义市场经济体制健全完善,推进依法治国、依法理财,加强财税宏观调控,促进经济和社会的可持续发展和区域经济的协调发展,维护社会稳定,确保我国长治久安,有着非常深远的意义.     

"Maybe Tomorrow I'll Turn Capitalist": Cuentapropismo in a Workers' State

In 1993, the Cuban government significantly expanded the scope of legal self-employment on the island. The change has not been uncontroversial, and cuentapropistas have frequently been held up, both in Cuba and in the United States, as the symbol of Cuba's transition to a free-market economy. In framing cuentapropistas as the vanguards of capitalism, observers have adopted a concept of "transition" which is both rigidly ideological and teleological. This article argues that by employing a sociolegal approach toward cuentapropismo —examining close-up not only the Cuban government's regulation of self-employment, but also how the operation of law is mediated through cuentapropistas' own self-perceptions—we can develop a richer and more complex understanding of transitional periods. Rather than conceptualizing "transition" as a straight line from communism to capitalism, a sociolegal analysis draws attention to the complex relationship between law, identity, and work in the renegotiation of citizenship, and the constitutive role that evolving conceptions of citizenship may have for the shape and character of a transitional period.     

'Manifest Madness': Towards a New Understanding of the Insanity Defence

This article introduces a new concept which can serve as a theoretical frame for understanding the way in which insanity is proved for the purposes of the criminal law. With reference to George Fletcher's concept of 'manifest criminality', it introduces the concept of 'manifest madness'. This concept constructs madness (a shorthand for the types of mental abnormality known to the criminal law as insanity) in criminal law as evident to lay observers, and its meanings, which are derived from collective knowledge of it, as encoded in the defendant's acts. Through an historical analysis of the way in which insanity has been proved in criminal law, the article argues that 'manifest madness' is useful for understanding how knowledge about insanity is structured in the criminal courtroom. The concept of 'manifest madness' provides a frame that incorporates evidentiary and procedural features of the insanity defence that have resisted systematic theoretical analysis.     

Towards a Jurisprudence of Emergency: Colonialism and the Rule of Law

This article revisits an infamous incident in colonial India -- the Amritsar massacre of 1919 -- in order to explore larger questions of the place of martial law and emergency in jurisprudence. By focusing on modes of power in the colonial realm, and the productive role of the colonies in the conception of modern law, it tests the claims of a rule of law and declarations of emergency. The argument tries to show how these two terms are, in fact, relational in theories of colonial discourse and of legal positivism. As such, it reads H.L.A. Hart’s, The Concept of Law and instances from the colonial archive against one another. This revised version was published online in July 2006 with corrections to the Cover Date.     

从信用角度对我国公司资本制度的思考

商法意义上的信用指的是商主体所具有的履行承诺的经济能力及其对外表现的可信赖性而获得的社会评 价。信用既具有人格利益,也具有财产利益,通过信用对货币的置换可以达到为公司聚集一定量的资本的目的。在 必要时,并经其他股东同意时信用应被视为股东的有效出资。从建立信用的社会考虑,在我国应实行折衷资本制。     

Corporate Governance: Towards a Theory of Regulatory Shift

Providing effective corporate governance regulation and controls is a contemporary challenge to all law makers. There exists a need to restore investor confidence while seeking to facilitate and encourage enterprise. This paper reflects on the traditional choice between shareholder versus stakeholder models of corporate governance and suggests that these are inappropriate in the light of emerging news theories of the firm. Instead this paper suggests that law makers should accommodate a shift away from the traditional paradigms of these models in favour of a processual approach of governance. This would require a recognition of the tensions that exist in the regulation of corporate governance and invite the application of a collibratory process to the control of governance. The development and reform of directors’ duties and liabilities, in the UK, is provided as an illustration of the need for the recognised application of a collibratory process. Within that we also consider the application of the economists concept of ‘rent-seeking’ and the conflict between private property rights and public interference.JEL M14, D72, K22, K33