Protection and Development of Tibetan Culture

This government whitepaper outlines China's policy regarding,and its promotion of, Tibetan culture as well as the motivesbehind such policy and promotion. It details the learning, useand development of the spoken and written Tibetan languages,the inheritance, protection and promotion of the Tibetan culturalheritage, the respect for the religious beliefs and native customs,and the all-round development of modern science, education andthe media. The paper concludes that Tibetan culture is bloomingwith new vigor and energy in the new age and profoundly influencingthe life of Tibetans and the development of Tibet's modernizationthrough its diverse content and innovative forms.     

The Log in Your Eye: Is Europe's External Promotion of Religious Freedom Consistent With its Internal Practice?

The commitment of the EU to the external promotion of the respect for human rights allegedly distinguishes its foreign policy from that of traditional powers. Yet there is the perception that EU's statements are not always consistent with internal practices. This article analyses one set of EU's inconsistencies that has not been sufficiently studied: the discrepancy between internal and external human rights standards. The article focuses on the promotion and protection of freedom of religion or belief, which has become a priority of the EU's foreign policy. It is submitted that the EU's external position generally reflects values common to the Member States, but is sometimes contradicted by the practice of domestic authorities. The human rights standards identified in the EU's foreign policy may arguably serve as a reference for legal reform and the interpretation of fundamental rights in Europe.     

WTO框架下我国高技术产业促进政策的调整

我国高技术产业促进政策不仅是国内问题,在WTO框架下必须遵守WTO的各项协议,所以现有高技术产业促进政策有必要在WTO体系下进行调整,以适应当前的国际和国内需要。WTO的专向性标准要求政府制定的促进政策具有客观中立性,而且考虑地区性补贴和研发补贴的使用,建立以间接手段为主、以直接手段为辅的促进政策体系。     

Strategies for promoting technology transfer to the private sector

This article discusses alternative promotion strategies that public policy makers can use to increase the effectiveness and efficiency of technology transfer programs. Three transfer strategies are described; the passive, the role-directed, and the organization-directed strategies. Factors influencing the selection of one of these transfer strategies by policy makers are considered in detail.     

Promotion of tobacco products: issues and policy options

During the past year, several prominent voluntary health organizations and professional medical associations have called for a ban on all forms of promotion of tobacco products. The proposal raises complex issues, ranging from determination of the effects of tobacco promotion to assessment of the constitutionality of banning advertising of a legal product. We identify the issues that underlie the concern of health professionals, review evidence addressing these issues, and describe and discuss frequently mentioned policy options, especially the ban proposal.     

提高公众参与度 完善公共政策的形成机制

公众参与公共政策制定是公众影响公共政策的重要途径之一,也是实现自身利益的最直接、最有效的参与方式。随着我国市场经济体制的完善和民主法制建设的推进,公众作为公共政策制定主体的重要组成部分,其参与的意识和要求也随之增强。因此,明确公众参与的意义,正确引导公众有序参与公共政策的制定,已成为现代政府迫切需要解决的问题。     

Government strategies to attract R&D-intensive FDI

Competition among countries to attract the research and development (R&D) activities of multinational enterprises has increased substantially during the last years, but the strategies used by governments in this competition still remain largely unexplored. This paper addresses that gap by proposing a taxonomy of the policy instruments available to stimulate inward R&D-intensive foreign direct investment (FDI) and presenting the results of a comparative case study of two EU countries: Spain and Ireland. The main conclusion is that an efficient promotion of R&D-intensive FDI calls for a closer connection between innovation policy and inward investment promotion, which are two policy areas that have traditionally operated rather separately. In addition, investment promotion agencies targeting R&D-intensive FDI are advised to reconfigure the scope of services they provide by placing more emphasis on after-care, since R&D-intensive FDI tends to be evolutionary rather than purely greenfield.

宽严相济刑事政策适用的理性思考——以我国法律传统为视角

近年来,随着学界对宽严相济刑事政策的关注和推崇、党和政府对宽严相济刑事政策的肯定和推广、实务界对宽严相济刑事政策的高调贯彻,"宽严相济"几乎成了法律界的流行语。然而,如果我们从中国法律传统的角度,审视宽严相济刑事政策的司法现状;以构建成熟法治国为目标,反思该刑事政策的司法运作。就不难发现,由于司法传统的浸染,宽严相济的政策性适用已不适当地挤占了立法空间。法治话语下的宽严相济刑事政策必须坚持法律是基础、政策是导向的定位原则。刑事法律也应当根据刑事政策之需要,及时进行立法、修改、补充。     

“道德银行”的困境及其伦理启示

"道德银行"是近年来推出的旨在推进公民道德建设的一种创新式的方式,其伦理实质是用一种功利化的方式推进美德建设."道德银行"的实施存在着理论与实践上的双重困境:在理论上,"道德银行"与美德存在着内在的冲突;在实践中,"道德银行"容易产生伪善."道德银行"所产生的困境给我们的主要启示是:道德建设应合理地明晰道德的层次,结合道德自身的特点;道德建设尤其是美德建设不能采用功利化的推行手段;应在充分考量现实道德生活环境的基础上合理地运用不同的伦理理论.     

Regulating developments in embryonic stem cell research in Africa: a third person's perspective

Among the many advances in modern biotechnology, embryonic stem (ES) cell research has raised perhaps the most intense debate over the ethical, legal and policy issues involved. This debate has centred inter alia on the lives and well-being of the donors or participants in clinical trials, the presumed lives of embryos, the possibility of reproductive cloning, and government funding, among others. These ethical, legal and policy issues tend to overlap and cut across all strata of society, with opponents of the research calling for prohibition and proponents calling for promotion. One important question is whether African countries should regulate to limit or promote developments in ES cell research. This article argues that, in view of the dynamism of modern biotechnology, African countries should regulate in such a way as to maximise the benefits while minimising the disadvantages associated with the research.     

The Regional Innovation Paradox: Innovation Policy and Industrial Policy

This paper explores the regional innovation paradox and its policy implications. The regional innovation paradox refers to the apparent contradiction between the comparatively greater need to spend on innovation in lagging regions and their relatively lower capacity to absorb public funds earmarked for the promotion of innovation and to invest in innovation related activities compared to more advanced regions. Empirical analysis of the nature of the paradox shows that there are strong complementarities between business, education and government spending on R&D and that technology/innovation policy and industrial policies tend to work in opposite directions. Our analysis suggests that resolution of the paradox requires policies that: (i) increase the innovation capacity of regions by working both on the demand and the supply side of the system to increase both private and public sector investment in innovation activity; and (ii) integrate technology policy and industrial policy by encouraging expenditure on innovation activity within mainstream industrial policy programmes. The penultimate section of the paper outlines and assesses policy initiatives/experiments along these lines and suggests how they might be developed in the future.     

宽严相济刑事政策的演进

宽严相济刑事政策在我国法律文化上有着深厚的历史渊源,自春秋时期就可以看到其思想萌芽。宽严相济在作为刑事政策提出之前,经过镇压与宽大两个政策——镇压与宽大相结合——惩办与宽大相结合的进程。该政策的提出,是构建社会主义和谐社会的需要,也是对严打政策进行理性反思的成果。     

Therapeutic jurisprudence: A framework for evidence-informed health care policymaking

Translation of evidence-based practice (EBP) into health care policy is of growing importance, with discussions most often focused on how to fund and otherwise promote EBP through policy (i.e., at system level, beyond the bedside). Less attention has been focused on how to ensure that such policies - as enacted and implemented, and as distinguished from the practices underlying policies - do not themselves cause harm, or at least frustrate accomplishment of "therapeutic" goals of EBP. On a different front, principles of therapeutic jurisprudence (TJ) in law have been developed, most prominently in certain areas of law (e.g., mental health and family law), to support more collaborative, less traumatic advocacy and conflict resolution. This paper draws on current applications of TJ and translates such into a therapeutic approach to health care policymaking that moves beyond promotion of EBP in policy. Health care policy itself may be viewed as an intervention that impacts health, positively or not. The goal is to offer a framework for health care policymaking grounded in TJ principles that does not focus on which evidence is "right" for policy use, but rather how we can better understand how consequences of policy, intended or not, affect the well-being of populations. Such framework thus moves policymaking from an either/or debate to a data- and human-driven process. Utilizing TJ framing questions, policies can be developed and evaluated through open dialogue among diverse voices at the table, including - like interventions - the "patients" or, here, targets of such policies. Collectively, they clarify how ends sought - to enhance (or at least not impair) health - can best be achieved through policy when needed, recognizing that as an intervention, there are limits to and boundaries on the usefulness of policy.     

Programmatic actors and the transformation of European health care States

In France, Germany, Spain, and the United Kingdom, the decades from the late 1980s to the present have witnessed significant change in health policy. Although this has included the spread of internal competition and growing autonomy for certain nonstate and parastate actors, it does not follow that the mechanism at work is a "neoliberal convergence." Rather, the translation into diverse national settings of quasi-market mechanisms is accompanied by a reassertion of regulatory authority and strengthening of statist, as opposed to corporatist, management of national insurance systems. Thus the use of quasi-market tools brings state-strengthening reform. The proximate and necessary cause of this dual transformation is found in the work of small, closely integrated groups of policy professionals, whom we label "programmatic actors." While their identity differs across cases, these actors are strikingly similar in functional role and motivation. Motivated by a desire to wield authority through the promotion of programmatic ideas, rather than by material or careerist interests, these elite groups act both as importers and translators of ideas and as architects of policy. The resulting elite-driven model of policy change integrates ideational and institutionalist elements to explain programmatically coherent change despite institutional resistance and partisan instability.     

论我国农民工养老保险制度的构建与完善

农民工已成为我国产业工人的重要组成部分,他们为城市的繁荣和农村的发展做出了重大贡献。建立健全农民工养老保险制度,是构建和谐社会与社会主义新农村的基本条件,将对社会的稳定、经济的发展以及我国的城市化和工业化进程带来重大的影响。本文剖析了目前我国农民工养老保险制度中存在的主要问题,进而提出了相关措施,以期为建立和完善全国统筹的农民工养老保险体系尽绵薄之力。     

民事主体制度的选择性与开放性论纲

民事主体制度的演进是一个从一元主体到多元主体的复杂历程。自然人基于人道主义观念、人权运动的发展、通过不懈地斗争成为民事主体;组织体因实体性契机、特定功能契机、立法政策契机共同作用被赋予私法人格。未来的民事主体制度在信息化与高科技地推动下,实现了历史与逻辑的统一,必定是一个开放、多元的系统。     

论司法的原初与衍生功能

在"司法改革"如火如荼的当下中国,讨论我国的法院或者法官应该扮演怎样的角色,应是学界认真考虑的一个课题。本文以一种复眼式的角度,把司法功能分为原初功能与衍生功能。文章认为,作为原初功能,司法的纠纷解决还包括中介、缓和及促进纠纷解决等子功能。而以历史演变为线索,现代司法的衍生功能则包括法律维护与规则创设、权力制约与权利保障、社会控制与政策推进等功能。     

Legal Basis and Scope of the Human Rights Clauses in EC Bilateral Agreements: Any Room for Positive Interpretation?

It is well known nowadays that the European Community includes a so-called human rights clause into the framework agreements that it concludes with third countries. It is also widely recognised that, in virtue of the relevant provisions of the Vienna Convention on the Law of the Treaties, such a clause grants the Community a right to suspend the agreement should human rights and/or democratic principles be breached. The question to be explored in the present paper is whether, in the light of its legal basis, the clause fulfils a mere 'negative' or 'sanctioning' function or, by contrast, there is room for the pursuit of positive measures of active promotion of human rights—that is the granting of technical and financial aid. It is argued here that the clauses present an ideal starting point for the pursuit of a comprehensive human rights policy at the EU level. Such a policy should encompass positive measures in the first place, systematic dialogue in the second, and suspension or negative measures of less extent only as ultima ratio in particularly grave cases which cannot be addressed through ordinary (dialogue and aid) routes.     

两岸直航后中资方便旗船回归之路

方便旗船问题由来已久,由此引发的海上安全和海洋环境问题引起国际社会的普遍关注。为吸引中资方便旗船回归,中国交通运输部实行＂特案免税＂政策,部分学者也提出＂第二船籍登记制度＂,但两者均存在不足之处,不能长效根本地解决中资船籍外移问题。两岸直航的实现为中资方便旗船的回归提供契机。建议在两岸直航港口开设试点,采取＂吨税制度＂及其他相关措施,降低船舶营运成本,以鼓励中资方便旗船回国经营两岸航运业务。     

Learning from Difference: The New Architecture of Experimentalist Governance in the EU

Abstract:  This article argues that current widespread characterisations of EU governance as multi-level and networked overlook the emergent architecture of the EU's public rule making. In this architecture, framework goals (such as full employment, social inclusion, 'good water status', a unified energy grid) and measures for gauging their achievement are established by joint action of the Member States and EU institutions. Lower-level units (such as national ministries or regulatory authorities and the actors with whom they collaborate) are given the freedom to advance these ends as they see fit. But in return for this autonomy, they must report regularly on their performance and participate in a peer review in which their results are compared with those pursuing other means to the same general ends. Finally, the framework goals, performance measures, and decision-making procedures themselves are periodically revised by the actors, including new participants whose views come to be seen as indispensable to full and fair deliberation. Although this architecture cannot be read off from either Treaty provisions or textbook accounts of the formal competences of EU institutions, the article traces its emergence and diffusion across a wide range of policy domains, including telecommunications, energy, drug authorisation, occupational health and safety, employment promotion, social inclusion, pensions, health care, environmental protection, food safety, maritime safety, financial services, competition policy, state aid, anti-discrimination policy and fundamental rights.