Analysis on the Quantity of Offence of "Fraud Loan"

“Fraud Loan” is a new criminal phenomenon that started to appear recently. Its basic form is fraud, but more than ten types of crimes such as provocation, forced trading, extortion, robbery or kidnapping may be committed just because of the diversity of ways of obtaining property. To identify the number of crimes convicted by “Fraud Loan”, three principles should be adhered to. Firstly, all acts of the perpetrators should be evaluated comprehensively so as to maximize the protection of legal interests. Secondly, it is necessary to prohibit repeated evaluation to protect the human rights of the accused. Thirdly, we should make an overall evaluation to conform to the cognitive regulation. When the act of purpose and means of the perpetrators violate different crimes respectively, the heavier one should be chosen. Those who directly “claim debt” through violence, coercion, kidnapping, etc., are escalated into serious crimes such as robbery and kidnapping. If perpetrators violate other legal interests of the victim in addition to the crime of property, they will also be punished for multiple crimes.     

发展公有制经济改革和完善国有资产管理体制

公有制是社会主义经济制度的基础,是实现最广大人民根本利益和共同富裕的重要保证.要确保国有经济控制国民经济命脉并对经济发展起主导作用,应从总体上提高国有经济的活力和控制力、竞争力,加强对国有资产的管理,改革完善国有资产管理体制.     

The New Geo-Economics of a “Rising” India: State Transformation and the Recasting of Foreign Policy

With a focus on India, and drawing on critical scholarship on geo-politics and geo-economics and “relational” state theories, this article examines the ways in which ideational and material processes of state transformation have shaped India’s international engagement in different periods. Prior to 1991, geo-political social forms linked to a national developmentalist state project shaped India’s engagement with global and regional multilateralism and the nature of this engagement fluctuated according to shifts in the legitimacy and viability of this state project. The erosion of the developmentalist state project from the 1970s laid the path for a deeper shift in the national social order in the 1990s with the recasting of statehood wherein India’s future was thought to be best secured through policies of economic openness, growth and competitiveness. This shift in India’s state project has given rise to new forms of global and regional engagement that are distinct to older forms of international engagement and reflect and further processes of state transformation in India. This is illustrated through a case study on energy policy.     

Somali pirates: villains or victims?

The proliferation of piracy activity off the coast of Somalia has received a fair share of international attention. Its consequences have included a destabilising effect on trade, security and humanitarian aid. This has served to give reason for the deployment of multi-national forces by some of the countries affected by the scourge. While naval patrols have reduced the success rate of piracy attacks in some areas, there has been little respite in piracy incidents with the overall number of attacks and their geographic scope increasing. Piracy off the coast of Somalia has, in fact, evolved into organised syndicates with transnational networks. The problem is that various international actors have largely viewed piracy off the coast of Somalia in terms of threats to their own national interests and security. They have, thus, dealt with the issue in isolation from its wider context, which has not succeeded in ending the attacks. This article argues that to deal with the piracy problem more meaningfully, there is need for a contextual framework beyond addressing the ‘illegal’ activities. Piracy is a complex problem, with political, legal, social, economic, security and even human rights dimensions, and calls for a truly holistic approach that, especially, seeks to address the root causes on land. The article calls for a change in strategies in order to facilitate a ‘local Somali solution’ rather than an international one that is acceptable to the sensibilities of international actors. The article emphasises the need to extend the strong international cooperation demonstrated on the high seas in the fight against piracy to the fight against root causes of piracy onshore.     

Political Finance Regimes in Southeast Asia: Introduction

ABSTRACT

The three articles in this themed collection investigate the interplay between political finance regimes and the quality of democracy in Southeast Asia. Andreas Ufen's piece on political finance in Malaysia and Singapore argues that the semi-authoritarian regimes in both states have blocked the reform of campaign and party funding regulations in order to keep their opposition in check. The article on Indonesia, authored by Marcus Mietzner, showcases the country's dysfunctional political finance system as a major hurdle toward further democratization. In their contribution on Thailand, Napisa Waitoolkiat and Paul Chambers show that weak political finance regulations have contributed significantly to the shallowness of Thai parties. Overall, the collection demonstrates that without meaningful political finance reforms, Southeast Asia's democratic stagnation is likely to persist for many years to come.     

Laissez-faire versus Strict Control of Political Finance: Hegemonic Parties and Developmental States in Malaysia and Singapore

ABSTRACT

This article compares the financing of political parties and candidates in two Southeast Asian countries. In Malaysia, some political finance regulations exist only on paper, and political financing is for the most part not restrained at all. In contrast, the financing of candidates and parties has always been tightly circumscribed in Singapore. These different strategies, “laissez-faire” versus “strict control,” are the consequence of various factors. In Malaysia, the New Economic Policy has effected a close, often economically unproductive linkage between the state, the ruling Barisan Nasional coalition, and business. The rise of businesspeople has resulted in the commercialization of competition within (the United Malays National Organisation. Additionally, increasing competition between the ruling coalition and the opposition has resulted in growing expenditures for electioneering in the form of advertisements and electoral patronage. The laissez-faire style of regulation has been compounded by the difficult-to-control practices in East Malaysia (Sabah and Sarawak), where vote buying, electoral patronage based on the largesse of oligarchs, and obvious nonobservance of the rules have been typical. In contrast to Malaysia as a whole, the costs for parties and candidates are still relatively low in Singapore. As a cadre party, the PAP (People's Action Party) is relatively autonomous from private business interests, and intraparty competition is not commercialized; the developmentalist state is highly productive, and the ties between the state, the PAP, and business are not characterized by cronyism. Moreover, electioneering is not very commercialized because the opposition is still relatively weak.     

Debating Economic Democracy in South Korea: The Costs of Commensurability

ABSTRACT:

In the 2012 Korean presidential election, both liberal and conservative parties fought their campaigns on the slogan of “economic democratization,” marking a strong departure from past presidential elections and the growth-first policies of the then-incumbent conservative administration. Both parties pledged to tackle growing social polarization and the concentration of economic power by reforming the corporate governance of Korea's large, family-led conglomerates (chaebol), to the degree that chaebol reform itself became synonymous with economic democratization. This focus led to a series of heated exchanges among liberal-left reformers about the vision of economic democratization being promoted, with one camp favoring the creation of a “fair market” through the restructuring of the chaebol and another promoting the protection of the chaebol’s management rights over their affiliates as a desirable strategy for the creation of a Korean welfare state. This essay examines the long-standing tensions between these two liberal-left perspectives and argues that the capital-centric and market-based visions these camps promoted risk confining intellectual debate over the meaning of economic democracy within boundaries that serve dominant political interests.     

The reconstruction of business interests after the ISI collapse: unpacking the effect of institutional change in Chile and Uruguay

Abstract

This paper focuses on understanding the different evolutions of business’ associational paths in post-Import Substitution Industrialization (ISI) Chile and Uruguay, offering an explanation at the crossroads of the institutional change and international trade literatures. The argument is that the different forms in which ISI institutions were transformed during the liberalisation period facilitated a greater mobility of factors to different degrees, triggering divergent enduring associational strategies on the part of business. The proliferation of narrow-based special benefits during the ISI fuelled preferences for the formation of sector-based coalitions oriented towards rent-seeking activities. Nevertheless, while ISI regulations were displaced in Chile during the military period, Uruguay followed a gradual process of layering of new rules alongside old ones. These diverging strategies, having different effect on established inter-sectoral regulatory distortions, propitiated alternative associational paths of local business.     

Applying Functional Analysis to the Case of a Malfunctioning Education System: Addressing System Complexity and Tangled Causes

A 4-year decline culminating in a collapse of school leaver exam results sent shockwaves through the Tanzanian state education system. Students and citizens attribute the collapse to visible deficiencies in classroom teaching, which is the product of a complex, government-administered system of teacher training colleges, schools, schools inspectorate, an examinations council, and a curriculum development institution. A model of the system is constructed and ‘interrogated’ to establish a research framework of key questions and propositions for functional analysis and evaluation of the system.