治理理论与中国行政改革

二十世纪末逐渐出现的治理理论,被认为是代替传统的政府统治理论和市场模式理论的新理念,在学术界引起了广泛的关注。目前,治理理论已成为政府改革的一个全球性话题。在治理理论精神指导下进行中国行政改革,必将使中国的行政改革焕然一新,并成为对世界范围内治道变革的有力呼应。     

和谐社会构建的传统文化分析

社会主义和谐社会根植于中国优秀文化传统。把握和谐社会的历史人文内涵,厘清传统文化的现实发展路径,从优秀传统文化中汲取营养,并对其进行创新和发展,对构建和谐社会具有重要的现实意义和理论价值。     

香港法律中医疗事故过失判定问题研究

医疗过失是医疗事故赔偿责任成立的一项关键要件。由于医疗事故案件的案情纷繁且涉及复杂的医学专业知识,如何判定医疗机构或医务人员的过失成为法院必须面对的棘手问题。本文围绕香港法律中医疗事故的过失判定问题,考察其医疗过失的标准、医疗过失的一般判定方法和特殊判定方法(即鲍勒姆判定方法)和与医疗过失证明相关的事实自证法则,以期为我国的司法实务和学理发展提供比较法意义上的参考。     

近代中国军阀政治研究综述

中国学者对中国军阀政治研究在军阀混战时期就已经开始。国外对中国军阀政治的研究则兴起于20世纪60年代。中外学者为军阀政治研究提供了丰富的视角。本文通过对中外学者军阀政治研究的主要视角的考察,客观地反映中外军阀政治研究的研究动态以及缺陷,从而为中国军阀政治研究的进一步发展寻求新的方法论的突破点。1.阶级分析法。阶级分析法主要是中国马克思主义学者所采用的分析方法,主要的代表人物有毛泽东、胡绳、来新夏。他们认为,军阀在中国近代政治中承担着双重角色——代理人和代表者。军阀是帝国主义在中国政治中的政治代理人。正如毛…     

现代化与中国的政治发展道路的选择

在当今中国,政治稳定是最高利益,是压倒一切的大局。文章通过分析现代化发展进程中的不稳定因素及成因,研究如何使整个社会政治系统和谐稳定持续正常地发展,阐明共产党的领导是社会稳定的决定力量,并探索中国政治现代化的具体路径。     

Microcredit and Marital Violence: Moderating Effects of Husbands’ Gender Ideology

Evidence on the relation between women’s microcredit participation and their exposure to marital violence has been inconsistent across studies. This study examined how women’s various levels of microcredit participation are associated with marital violence against women (MVW), while also taking into account the husbands’ gender ideology. The study included 243 wife-abusive men in rural Bangladesh. Multiple regressions were performed to predict the frequency of MVW in the preceding year. Of the married women, 52.3 % were microcredit participants, 11.1 % of whom were active participants and 41.2 % nominal participants. The study showed that women’s active microcredit participation was negatively associated with MVW, and nominal participation was positively associated with MVW among the husbands who held a more conservative gender ideology. The findings suggest that women-focused microcredit interventions should also take into account men’s gender ideologies.     

The “state-led-economy” issue in the BIT negotiations and its policy implications for China

The state-led-economy provisions in the U.S. model BIT, which was released in April 2012, aims to impose strict regulations on the SOEs and exert great influence on state-led economy model. China and the U.S. are now in the midst of negotiating a BIT, and the U.S. government insists on negotiating on the basis of its 2012 model BIT. If China is to accept the 2012 U.S. model for the proposed BIT between the two nations, unprecedented international obligations will be placed in the field of international investment. In this context, in order to provide a reference for the BIT negotiation, the author will analyze, from the perspective of normative jurisprudence, which economic activities are included in the scope of state-led economy provisions, whether China should accept the clauses and the possible impact of accepting it. China’s economy has indivisible relationship with State-owned enterprises (SOEs). At present, most of these SOEs have clustered in those sectors that play crucial roles in the national economy such as energy, telecommunication and finances. Despite several rounds of reform on the SOEs aiming at a separation of governmental functions from corporate management, and a modern market-oriented governance structure, Chinese SOEs remain monopolies or de facto monopolies with exclusive access to many important industries relevant to national economy and people’s livelihood. Further, SOEs can enjoy a lot of privileges in their operation, some even have certain regulatory authority which is supposed to be exercised by the government. This kind of economic model is called State-led economy. The 2012 U.S. model for bilateral investment treaties (BIT) is characterized by the inclusion of the state-led economy provisions, which means that there are more restrictive regulations governing SOEs and their special treatment, and countervailing their competition implication in the host country and their home country. Apart from creating a fair and impartial environment for the investors, this international investment regime, represented by 2012 U.S. BIT model, is in some way, intended to alter the host country’s economic governance regime. In accordance with the decision of the 5th round of the U.S.–China Strategic and Economic Dialogue, both parties are dedicated to proceeding the BIT negotiations (The 5th Round of the U.S.–China Strategic and Economic Dialogue: broad consensus achieved and positive progress made, People’s Daily, p 3, 2013). The U.S. government has insisted that they would base its 2012 model as a blueprint of BIT text negotiation. Seemingly to illustrate, the 6th round of the U.S.–China Strategic and Economic Dialogue has reached a consensus that an earlier launch of negotiation on the negative list will be expected in 2015 (The 6th Round of the U.S.–China Strategic and Economic Dialogue: broad consensus achieved and positive progress made, People’s Daily, p 3, 2014; Ministry of Commerce of the People’s Republic of China, The 14th Round of the U.S.–China Investment Treaty Negotiation is Held in Washington, D.C., 2014). If China is to accept the new BIT model, it will bring China a bundle of increasing obligations under this system and an unprecedented impact on China’s mode for economic development. As a contracting party, China will have to carry out a comprehensively economic reform to comply with the disciplines specified in the BIT. It is also understandable that the incorporation of the state-led economy provision in the China–U.S. BIT will in turn accelerate the domestic economic reforms. In this context, research on the issue of state-led economy in the BIT negotiation will be of significance to China’s dealing with the core issue in the BIT, China’s fulfillment of treaty obligations and its promotion of domestic economic reform via BIT negotiations. In order to provide a reference for the BIT negotiation, the author will identify from the perspective of normative jurisprudence, the economic activities that fall within the scope of state-led economy provisions, project the possible impact of state-led economy provisions and how China should handle negotiation surrounding the state-led economy issue.

     

Relatively Permanent Pigmented or Vascular Skin Marks for Identification: A Pilot Reliability Study

In child sexual exploitation offenses, the collected evidence images often show the skin of nonfacial body parts of the criminals and victims. For identification in this scenario, “relatively permanent pigmented or vascular skin marks,” abbreviated as RPPVSM, were recently introduced as the basis for a novel biometric trait. This pilot study evaluated the interexaminer variability of RPPVSM identification. Four dermatology physicians were recruited to examine RPPVSM from 75 skin images collected from a total of 51 Caucasian and Asian subjects. The images were separated into 50 reference (“suspect”) images and 25 evaluation (“evidence”) images. The examiners were asked to perform identification by annotating RPPVSM in each of the 25 evaluation images and matching them with the reference images. The rate of misidentification was 0% while the mean rate at which examiners failed to find a match was 6%, indicating the potential of dermatology physicians performing the role of RPPVSM examiners.     

创建“平安医院”的几点思考

创建“平安医院”是实现社会和谐稳定的基本保证。医院通过开展各项工作,营造团结协调、平等友爱的医疗环境,维护规范有序、安全稳定的医疗秩序,构筑医院安全防控体系,大力创建“平安医院”。医院保卫部门应当坚持教育与管理、治理与建设相结合的原则,全面推进安全防控体系建设,切实维护医院治安安全,保证医院的稳步发展,推动和谐社会的构建。     

监狱企业强化内部控制审计之思考

内部控制是实现监狱企业发展目标、规避风险、规范管理的重要手段。要建立健全监狱企业内部控制审计制度并使之有效和规范,内部审计必须对内部控制进行独立的评价,同时也须对监狱企业经济活动的真实性、正确性、有效性做出全面监督和客观评估。