美国制定法解释方法向文本主义的回睚

作为美国制定法解释方法的文本主义经历了平白意义规则和新文本主义两个发展阶段。以斯卡利亚为代表的新文本主义对在制定法解释领域长期占据正统地位的意图主义解释方法进行了批判,并对早期平白意义规则进行了扬弃,将文本重新置于制定法解释的中心位置,强调制定法语词的通常、自然与客观意义,并认为文本通常意义的确定无需借助于立法者意图或立法史等文本外材料,而只须根据“普通说英语者标准”,运用词典、语法、解释准则等语言学方面的工具并考虑制定法文本的语境、结构与整体等语义性背景即可确定。     

Privatised Firms and Labour Outcomes in Emerging Markets

A recent large firm-level dataset is analysed to compare labour indicators of privatised, private, and public firms around the world, in particular differences relating to wages, benefits, labour composition, education and training, unionisation, and quality of management. We find that labour productivity and the ratio of permanent to temporary workers increase after privatisation.     

Local elections and democracy in Indonesia: The Riau Archipelago

This essay examines the dynamics and outcomes of Indonesia's first-ever direct local executive elections in a case study of the gubernatorial election in the Riau Archipelago. Specifically, the essay examines the election process, identifies the major issues before, during and after the elections, and assesses voters' participation. The essay then examines the ways direct local executive elections have affected the dynamics of local politics in the country. Overall, this essay aims to further develop our understanding of political dynamics in the Riau Archipelago and grasp the practical significance of local political change in Indonesia more broadly.     

Asian values and confucian ethics: Malay Singaporeans' dilemma

To refute recent claims by the Association of Muslim Professions (AMP) and Malaysian newspapers of Malay Singaporean marginalisation, the Singapore state issued a community progress report. Whilst statistics show that there is little evidence of systemic economic marginalisation, this article argues that the Asian values and Confucian ethics discourses pursued by the state in the nation-building process leaves little room for ethnic Malay discourse.     

The threat of polluted air and the policies to control the problem in the Seoul metropolitan area

Air pollution is a serious problem in the Seoul Metropolitan area and other major urban centers in Korea. Heavy concentration of industries, a large population in excess of 11 million in high density, and an explosive growth of automobiles have contributed to air pollution in Seoul along with the neglect of environmental issues in the process of industrial and social changes. Although the official statistical data do not show that air pollution has reached a critical level, a survey data of public opinion indicates that a concern for environmental pollution is serious.

The central government of Korea has taken some major policy measures to address the environmental pollution problem. The government expenditures for environmental programs have significantly increased throughout the 1980's. The government has adopted policies to switch fuels for industrial, commercial, and domestic use from high pollution coals and heavy oil to nonpolluting natural gas. The government has adopted incentive programs to offer economic benefits to those buying electric cars and cars running on compressed natural gas or alcohol.

It is not clear how effective these policy measures will be in curbing environmental pollution. But it is clear that the choice of the citizens for a new life style which is environmentally clean is a new imperative for survival in the same way as economic development at any cost was the imperative for economic survival in the 1960's and the 1970's.     

Reforming government with information technology in South Korea

The South Korean government recently launched 11 major e‐government services after a long period of inter‐ and intra‐ministry politics concerning the allocation of jurisdiction over various e‐government services. This article analyses the politics of e‐government efforts in South Korea. It begins by describing the development of e‐government policy in South Korea for the past two decades, and identifies its four major features as comprehensiveness, fragmentation, the orientation toward operational efficiency and citizen services, and the inclination toward new technological solutions. The article concludes that these features can be attributed to the heavy involvement of the macro political system, its high susceptibility to inputs from experts, and the institutional design of the informatisation subsystem.     

Reviews

Joseph Fewsmith Dilemmas of Reform in China. Political Conflict and Economic Debate Armonk, NY and London: M.E. Sharpe, 1994. 289 pp. £44.00. ISBN 1–56324–327‐X.

Tani E. Barlow Gender Politics in Modern China: Writing and Feminism Durham and London: Duke University Press, 1993. 307 pp. £15.95. ISBN 0–8223–1389–8.

William A. Joseph (ed.) China Briefing, 1994 Boulder CO: Westview Press, 1994. 234pp. £10.50. ISBN 0–8133–2057–7.

Y.Y. Kueh and Robert F. Ash (eds) Economic Trends in Chinese Agriculture. The Impact of the Post‐Mao Reforms Oxford: Clarendon Press, 1993. xii + 405 pp. £45.00. ISBN 019–828753–4.

X.L. Ding (Ding Xueliang) The Decline of Communism in China: Legitimacy Crisis, 1977–1989. Cambridge: Cambridge University Press, 1994. 230 pp. £30.00. ISBN 0–521–45138–8.

Minxin Pei From Reform to Revolution. The Demise of Communism in China and the Soviet Union Cambridge, MA and London: Harvard University Press, 1994. 253pp. £29.95. ISBN 0–674–32563‐X.

Julia F. Andrews Painters and Politics in the People's Republic of China 1949–1979 Berkeley CA: University of California Press, 1994. xv + 568 pp. $75.00. ISBN 0–520–07981–7.

E. Wayne Nafziger, Learning From the Japanese: Japan's Pre‐war Development and the Third World, Armonk, NY: M.E. Sharpe, 1995. xv + 221pp. ISBN 1–56324–485–3, paperback 1–56324–486–1.

Richard J. Samuels ’Rich Nation Strong Army'; National Security and the Technological Transformation of Japan Ithaca and London: Cornell University Press, 1994. 455 pp. £38.50. ISBN 0–8014–2705–3.

Alan Burnett The Western Pacific: Challenge of Sustainable Growth London: Earthscan, 1993. 276 pp. £15.95. ISBN 1–85383–1581

Tom Wells The War Within: America's Battle Over Vietnam Berkeley, CA: University of California Press, 1994. 706 pp. £27.50. ISBN 0–5200–8367–9.

Ross Garnaut, Peter Drysdale and John Kunkel (eds) Asia Pacific Regionalism: Readings in International Relations Sydney: Harper Educational, 1994. 433 pp. ISBN 0–06–312140–9.

Atu Emberson‐Bain Labour and Gold in Fiji Cambridge: Cambridge University Press, 1994. 270 pp. £40.00. ISBN 0–521–36372–1.     

Singaporean foreign policy and the Asian Values Debate, 1992–2000: reflections on an experiment in soft power

Between 1992 and 2000, the international order witnessed a clash of discourses not seen since the height of the Cold War when both superpowers engaged in propaganda offensives to assert the superiority of their respective governing ideologies. However, unlike the Cold War, the Asian Values Debate did not involve a supporting cast of armed occupations, insurgencies and the preaching of revolution. It involved instead statements of difference couched in intellectual and material terms, and also relied heavily on persuasion by words and symbolic deeds. This article seeks to evaluate Singaporean foreign policy in the Asian Values Debate by using the concept of soft power as described by Joseph Nye. However, soft power, as the ability to obtain foreign policy ends through attraction or convincing rather than through coercion, is itself vulnerable to instances where the ideas propounded diverge from the practices they purport to inspire. Singapore’s role in the Debate will be examined through three events at its zenith between 1992 and 2000: the clash between Asia and the West at the 1993 United Nations World Conference on Human Rights at Vienna, the Michael Fay Caning Affair which directly pitted Singapore against the US in 1994, and the fate of the Asian exceptionalist argument in the face of the 1997–99 Asian Financial Crisis. The conclusion suggests that Singaporean foreign policy’s experiment in soft power has had its successes, but it remains qualified in its applicability to other Asian foreign policies by certain limits inherent in the Singaporean discourse.     

被吊照公司清算制度的构建——吊销公司企业法人营业执照应与清算制度相结合

我国存在大量的公司被吊销企业法人营业执照后不清算也不注销,并借此逃废债务的现象。本文分析了这一现状形成的原因,并对构建吊照清算制度提出了自己的思路与措施。