政府与社会组织关系研究——以吉林省为例

合作伙伴关系是政府在认识和解决与社会组织关系问题的一种新视角、新思路,是政府在提供公共物品以及实施公共管理时,与其他社会组织建立的一种相互沟通、协调和协商合作的机制和分担责任、分享收益,实现共赢的一种合作模式,表明政府与社会组织之间不再完全是管理与被管理的关系,而是形成了具有很强契约特点的政府管理的新理念,体现出政府在公共治理中角色的转变及其对自身职能和地位的重新认识。     

海域使用权共有中的几个问题

从尊重现实出发,我国海域使用权共有的权利主体有应当包括自然人、公司等企业法人、事业单位法人、社会团体法人、机关法人、合伙企业、独资企业、在中华人民共和国领域内设立的不具有法人资格的中外合作经营企业和外资企业、农村集体经济组织或者村民委员会。合伙人的优先购买权应当参照承租人的优先购买权的规定,认为该海域使用权移转契约对于具有优先购买权的共有人不生效力。对于合伙人对合伙财产中的海域使用权共有的性质,应该侧重从按份共有和共同共有的实质特征来认定,而不能简单地从是否划分份额这一形式特征来区分。如果合伙人仅基于合伙合同取得同一海域使用权,合伙人之间对该海域使用权的共有关系为按份共有;如果用海域使用权投资,和他人设立合伙企业,合伙人之间对该海域使用权的共有关系为共同共有。     

中美私募股权投资基金法律浅析

私募股权投资基金在近二十年的时间里,在国际资本市场上取得了飞速的发展,成为寻求资金支持的非上市企业的重要资金来源。美国作为私募股权投资基金的发源地,法律上为其发展和运作提供了有利的空间。私募股权投资基金在我国发展的时间不长,但也逐渐反映出其巨大的能量。研究美国有关法律制度并在符合我国国情的条件下加以借鉴具有重要意义。     

The role of institutional and governance factors in public–private partnerships infrastructure investments in emerging economies

The overall development and sustained growth of any economy depend heavily on its infrastructure provisioning. Emerging economies are usually characterised by constrained public investments in infrastructure. Budgetary constraints of the governments are one of the major hurdles to these investments. Due to these reasons that governments of emerging economies continuously seek collaborations with the private sector for additional sources of funding infrastructure. Economies with solid institutional and governance frameworks are known to provide a conducive environment for enhanced private sector attraction in the sector. However, emerging economies face greater institutional and governance issues than developed economies, and they sometimes fall short of luring private investments in the infrastructure sector. The objective of this study is to empirically evaluate the role of institutional and governance aspects in private sector attraction in emerging economies. This study provides empirical evidence with a sample of 114 emerging economies over a period of 20 years. Various econometric estimates were developed to explore the interplay between public-private partnership investments and governance factors. The results of the study provide an evidence of a positive association between these factors and private investments in public-private partnership arrangements.     

Public–Private Partnership in Tunisia: Enfidha Airport Assessment of an Infrastructure Achievement

One of the largest recent private-sector investments and the first airport private-sector concession in the Maghreb is Enfidha Airport, a key factor in the success of the Tunisian Government’s public–private partnership (PPP) strategy. However, since Tunisia’s Jasmine Revolution, political and social turmoil is sweeping the country and worsening the economic indicators. This article aims to assess this PPP infrastructure, allowing us to determine if it is profitable in the long term and contributes therefore to the economic growth. The case study reveals the key role of the economic, social, and political environment in Tunisia, the dawn of the Arab Spring.     

Short term interests,long term perspectives: Balancing South Africa's peace and security approach in the EU–SA Strategic Partnership

ABSTRACT

South Africa’s peace and security outlook in the EU–South Africa Strategic Partnership has been guided by the content and substance of the founding document, which incorporates an interdependent approach to development. For South Africa, engagement in the EU–South Africa Strategic Partnership is framed by its historical background, its identity and the content of its foreign policy. South Africa's foreign policy in particular adopts an integrated approach to securing the state within its surrounding regional and continental geography. This article reviews South Africa's approach to peace and security, in the context of the strategic partnership. The article argues that, overall, South Africa's definition of peace and security is compatible with that of the EU; however, Pretoria's vision of how it provides peace and security has naturally changed in line with the varying international circumstances in which it has found itself. While this has proved difficult at times to reconcile, peace and security collaboration in the strategic partnership has managed to remain intact.     

Is social concertation a viable alternative under globalization? Reconsidering the case of Ireland

By exploring how the Irish social partnership was established and evolved, this article highlights the validity of a social concertation model, and takes a critical look at hasty attempts to identify the causes of its breakdown. The article holds that the collapse of Irish social partnership in the current economic crisis does not suggest the irrelevancy of social concertation under globalization, as neoliberals argue, nor does it confirm a predetermined path generated by the absence of supportive institutions or the structural nature of neoliberal social partnership. To the contrary, the social concertation model remains viable as an alternative to the neoliberal free market under globalization, and it can be used even in the absence of strong institutional arrangements. Contesting the accounts of neoliberals and Marxist-inspired structuralists, the article argues that social partnership has achieved a greater success in Ireland than neoliberal Britain, under similar globalization challenges. Against institutionalist accounts, it holds that social partnership was able to survive over two decades even in the absence of supportive corporatist institutions. The article's core argument is that domestic politics, rather than institutional and structural determinism, are needed to form social consensus in building and sustaining social concertation.     

对合资经营相关法律问题的几点思考

对于“JOINTVENTURE”,应突破仅从企业形态对其认识的藩篱,其实质上是一种直接投资方式,译为合资经营,指两个或更多主体共同致力于一项特定商业事业的结合。国家投资政策与投资法律的要求、外国投资者的天然劣势、分散风险与争取待遇上的优惠等诸多因素促使了合资经营的产生与发展。但我国在利用合资经营这种投资方式时视野较狭窄、立法欠缺统一性且诸多规定与实际不符。建议取消以三资企业法为主体的外资法群,将合资经营直接规定于统一的外资法典的投资形式一章,而合资经营的具体法律形式,则交由相应的国内部门法调整。     

拼租房屋的法律问题研究

目前,我国对于拼租房屋的法律规制仍处于空白阶段,这使得拼租房屋在实践当中产生了一系列纠纷并且无法可依、无章可循.拼租房屋与群租房屋概念的混淆也使得法律对于拼租房屋的规制产生了一定障碍.在明确拼租房屋中的法律关系后,对于拼租房屋的人均居住面积进行合理地规定是解决拼租房屋产生的纠纷之理性选择.     

Reconstructing the “Monsters” and the “Failures”

SUMMARY

“Monsters” and “Failures” are becoming the words of choice by many teachers, parents, administrators, and other adults when describing children and their behaviors. Ascribing the label can be constricting to the child and does very little to promote solutions to situations. Adults working with children can develop ways to look past the behavior and see the child and the child's needs, and acquire expectations of children that are in line with their development. This article explores the notion that family therapists, specializing in systems theory and parent education, are professionals, who are suited to help parents and school personnel interact with children in constructive and meaningful ways that promote development and minimize negative labeling. Family therapists can help the parent/teacher/administrator view the interactions among the components of the child's support system as dynamically interacting with one another and the child, and thus, strengthen the school-parent-community triad. Therapists, working col-laboratively with early childhood developmental education professionals, can assist adults in aligning their assessment and expectations of children with developmental understandings, thereby modifying the behaviors on the part of the adults, and ultimately eliciting more appropriate responses on the part of the children. A family systems approach to the rearing and teaching of children allows adults to reinforce the constructive behaviors of the child in a supportive and positive manner, leading to the social and cognitive growth of the child. The case material offered in this article presents ways in which family therapists can collaborate with education professionals and families in fostering the strength of the family-school-community relationship, and ensuring situations that are more child-friendly and developmentally appropriate.