山东区域经济发展形势及对策研究

山东省在2007年下半年提出了构建“一体两翼”的经济发展新格局,自此山东区域经济发展进入深度竞合、提升整体竞争力的新阶段,发展进入关键期。山东区域经济发展面临新的形势,区域发展差异依然明显,因此必须采取积极的区域经济发展对策,促进山东区域经济协调发展。     

“一般应当采纳”条款的立法失误及解释论应对

《刑事诉讼法》第201条的"一般应当采纳"条款,在立法论上存在明显失误,对控审分离这一刑事诉讼基本原则造成了相当程度的冲击。为化解立法带来的不利影响,应在解释论层面探索适用该条款的妥善方案。一方面,允许法官在提供特别论证的基础上,不采纳检察机关的量刑建议,并通过上诉审的事后审查机制敦促法官善尽论证义务。另一方面,当法院决定不采纳指控罪名与量刑建议做判决时,应充分保障被告人的程序选择权,并探索在审判阶段适用认罪认罚从宽制度的具体方式。     

国家赔偿责任的民法基础

历史上盛行国家无不法行为能力理论,据此国家不对其公务员履行职务时的侵权行为承担责任,公务员要自己承担赔偿责任。随着法治国家观念的确立,国家开始代替其公务员向受害人承担赔偿责任,即所谓的代位责任。也有国家确立了国家的直接赔偿责任,即自己责任。但无一例外,国家的赔偿义务均建立在民法基础上,以全额赔偿为原则。我国国家赔偿制度确立了独一无二的"个人不赔,国家不全赔"的赔偿模式,偏离了赔偿法所固有的民法属性,无法良好保护受害人。而其根源则在于欠缺对国家赔偿责任的历史与本质的全面理解。有鉴于此,应尽快修订《国家赔偿法》,确立国家的全额赔偿责任,更好地服务法治国家的建设。     

Independent Candidates in China’s Local People’s Congress Elections

In the Chinese political system, according to the constitution, the people’s congresses at the primary level are the only institution which the voters can directly elect. However, the Chinese Communist Party (CCP) tightly controls the “direct elections” and takes every measure in the elections to prevent grassroots power from entering even the primary-level people’s congresses. In recent years, grassroots power has kept struggling for its legal rights in the “direct elections” held in a few localities. The conflicts between the grassroots power and the authoritarian party in the “direct elections” have become an interesting political phenomenon, a subject deserves close observation and research. This paper studies the background of the independent candidates, their motivations and behaviour in elections. The paper also examines the party’s control in the elections and thus exposes the true nature of China’s people’s congress “direct” elections. The paper argues that independent candidates can have little impacts on China’s political structure at the current stage because of the party’s tight control, but their political participation has the most democratic value, compared with the “reforms” instigated and carried out by the CCP.     

Wonders Out of Stone Cracks

正Guizhou Province has explored quite a few efficient ways to deal with stony desertification Located in the southwest of China, Guizhou Province is at the center of the country's karst regions. Jagged mountains of limestone and other     

All-around Training

China explores different ways to train officials In September, Zhong Ming, deputy head of the Local Taxation Bureau of Beibei District in southwest China’s Chongqing, spent four engaged days in the China Executive Leadership Academy in Jinggangshan (CELAJ), central China’s Jiangxi Province.     

Hands Together

正China is trying more ways to connect NGOs with public foundations In March 2011,Liang Shuxin,a marketing planner at online community Tianya.cn and founder of Micro Foundation in Guangzhou,south China's Guangdong Province,started an online fundraising program to sponsor students in Hongban Primary School in Qianxi County,southwestern Guizhou Province     

Blood: SOS

正China is suffering from a severe shortage of the fluid of life On the evening of February 9, a micro-blog post pleading for type- A blood platelets was posted on China's twitter, Weibo.com, and within a day, the message was forwarded thousands of times.     

Two Trials,Four Charges

正Former Chongqing police chief Wang Lijun faces a series of charges Wang Lijun, former Vice Mayor and former police chief of southwest China’s Chongqing Municipality,     

Fighting HIV+’s Negative Stigma

Patients with HIV face an uphill battle to receive regular medical services Misfortune never comes singly. It is especially true for Xiaofeng, a 25-year-old HIV-positive sufferer of lung cancer in north China’s Tianjin. Worse still, his request for lung surgery was denied by a local cancer hospital because he was found to be HIV-positive. Xiaofeng’s only hope to receive treatment was to falsify