On the optimal complexity of law and legal rules harmonization

This paper analyses the determination of the complexity of legal rules in a context of harmonization between different countries. We first assume that there are no harmonization gains. We show that if the optimal complexity levels of legal rules are equal across countries, their common level will stick when legal rules are harmonized. When these levels are different, one nation-state may lose to the determination of a uniform level of complexity. However, when there are harmonization gains we show that if these harmonization gains are large enough, complex legal rules are optimal. Moreover, we show that each nation-state could gain from the determination of a uniform level of complexity, even if this level is not its preferred one.

Policy Transfer Over Time: A Case of Growing Complexity

The article indicates that policy transfer has played an important role in the development of policy and legislation in Australia. Indeed, much of what is regarded as Australian policy is borrowed, usually in small part, but sometimes in its entirety, from elsewhere. One of the implications of this view is that Australian policy making processes are often, at least in part, dynamic, policy processes that draw upon a number of sources, both domestic and international. The focus of this article is upon the sources of transfer in the Australian context, both domestic and international, and how the sources drawn upon by Australian state and federal governments have changed over time. The article also indicates that on the evidence available the Australian experience with transfer can be divided into a number of phases. The first, from European colonisation to approximately the middle of the nineteenth century, the second from roughly the middle of the nineteenth century to federation at the beginning of the twentieth century, the third from the establishment of the Australian federation in 1901, to the Second World War, and the fourth phase, from the Second World War to the present.     

论我国民事诉讼行为制度的完善

民事诉讼法行为理论是构筑民事诉讼法学理论体系的基础理论之一。在近代民事诉讼法学理论中,公法关系与私法关系始终处于对立地位,在私法领域中占据重要地位的诚实信用原则,却不适合于民事诉讼法这一公法领域;随着法律社会化的演进,诚实信用原则逐渐深入公法领域,在民事诉讼行为制度中引入诚实信用原则,对于完善我国的民事诉讼行为制度具有重要意义。     

论刑事诉讼法与国家监察体制的衔接

监察体制改革催生了监察法与刑事诉讼法的衔接问题。这两部法律的衔接并非仅在技术层面进行简单的对接与协同,而面临着深层次的内在诉讼价值冲突协调。监察法强调刑事司法的“犯罪控制价值”,而刑事诉讼法力求“打击犯罪”与“保障人权”并重。内在价值的冲突让程序机制的衔接变得更为复杂,涉及 “侦查”与“调查”的区分与衔接、职务犯罪案件的管辖衔接、强制措施衔接、退回补充调查的程序衔接以及认罪认罚程序的衔接等。从政治效果看,“乱世用重典”的刑罚观可在短期内发挥震慑作用,形成不敢腐的氛围,但长远之计还应构建“打击犯罪”与“保障人权”并举的稳定制度,注重反腐的可持续性及程序正当性。     

历史规律与中国特色社会主义

马克思主义原创理论正确地肯定了历史规律与物质运动规律的趋同性.却没有深入考察二者的趋异性.由于人类物质活动越来越采取精神形式进行.而精神形态依赖文化传承关系,因此主体活动具有选择性.并导致历史规律具有单一要素间因果丛然性、多元要素间趋势必然性、复杂要素间系统必然性的区别.中国特色社会主义既是经济落后民族为主体,又采用了市场方式发展.要正确判断这一现象,只能运用发展马克思主义方式来实现.其中最为关键的是既坚持又改造市场体制.     

行政处罚与刑罚的竞合与衔接研究

行政处罚与刑罚竞合是实践中一个相当普遍的问题,其产生的根源在于我国对犯罪行为既定性又定量,具体而言则有立法、司法和处罚方式等多方面的原因。对于行政处罚和刑罚的竞合,理论界多有争论,同时针对当前大量存在的以罚代刑现象,笔者认为有必要对行政处罚和刑罚的程序衔接做进一步的深入分析。     

Do markets enhance convergence on international standards? The case of financial regulation

Why do countries that did not participate in the establishment of international standards converge on them in the absence of external coercion? The market‐based perspective asserts that market forces enhance cross‐national convergence on international standards. This paper challenges the market‐based perspective, focusing on compliance with the 1988 Basel Capital Accord in South Korea and Taiwan. First, it argues that adoption of the Basel Capital Accord by these countries was mainly driven by their regulatory authorities’ concern about the potential risk of foreign market closure to noncompliant banks. Second, it demonstrates that enforcement by the two countries’ regulatory authorities was crucial in ensuring compliance. These findings suggest that national regulatory authorities are still key actors in voluntary convergence on international standards.     

The Mystery of China's Interprovincial Manufacturing Convergence & Differentiation of Overall Economic Growth——From the Perspective of Sector Productivity Growth & Cross-sector Redistribution of Resources

This article breaks down productivity growth into intra-sector productivity growth & inter-sectoral resource reallocation, & analyzes the reasons for the convergence of China's inter-provincial manufacturing industry & the differences in overall economic growth. The conclusions are as follows: (1) The growth of the service sector is diverging across provinces. The divergent growth of the service sector may be the key cause of the overall economic inconsistency, but not all. (2) Although the productivity of manufacturing industry has accelerated convergence across provinces, the convergence of manufacturing industry on the overall economy has been weakened by changes in the industrial structure due to the accelerated transfer of labor in the manufacturing industry. (3) The labor outflow from agriculture enters the service industry & non-manufacturing sectors, rather than the manufacturing industries with higher labor productivity. Therefore, the substantial pulling effect of the changes in the industrial structure on the overall economy is limited.     

全球化的法律意义：多样性的统一

在全球化进程中，任何一个国家或民族都面临着一个如何正确处理弘扬本民族的法律文化与吸收外来法律文化，建立符合国情、民情的法律制度与加强国际间法律合作的关系问题，也就是如何确定其法律发展的道路问题。而要解决这一问题，必须以法律发展的多样性和趋同性作为其立足点，即在求同存异的过程中，寻求多样性的统一。     

Is global inequality getting better or worse? A critique of the World Bank’s convergence narrative

The dominant narrative of global income inequality is one of convergence. Recent high-profile publications by Branko Milanovic and the World Bank claim that the global Gini coefficient has declined since 1988, and that inter-country inequality has declined since 1960. But the convergence narrative relies on a misleading presentation of the data. It obscures the fact that convergence is driven mostly by China; it fails to acknowledge rising absolute inequality; and it ignores divergence between geopolitical regions. This paper suggests alternative measures that bring geopolitics back in by looking at the gap between the core and periphery of the world system. From this perspective, global inequality has tripled since 1960.