Resettlement and development in Indonesia

This article deals with resettlement management in Indonesia, which involves a number of policy and implementation issues concerning land acquisition, compensation, and resettlement practices in development projects.¹ The principal objective of this article is to identify a set of policy measures gleaned from past experiences in Indonesia and to present a comparative review of how other countries have addressed land acquisition and resettlement issues, including the latest donor policies concerning resettlement of people affected by the development processes. Several resettlement case studies in Indonesia are briefly presented to identify past mistakes and successes. The Indonesian experience is then assessed in the light of international “best practices” for retooling policy, including adoption of an appropriate resettlement policy in Indonesia. The role of local government bodies, non-government and community-based organizations in resettlement management and their beneficial involvements in resettlement planning and implementation is briefly discussed.     

新刑诉下公诉工作司法能动性之发挥

在我国,能动司法与西方有所差别,其主要强调司法机关如何将法、情、理有机融合,慎重平衡各方主体利益。能动司法有利于化解社会矛盾,实现司法公正,同时也是对恢复性司法理念的回应。刑事和解、附条件不起诉、量刑建议,均为公诉工作发挥司法能动性提供了有效平台。同时,在公诉工作发挥司法能动性时,也存在办案检察官角色定位偏差等问题。要使公诉工作司法能动性得以有效发挥,上述问题亟待完善。     

The rank,stock, order and epidemic effects of technology adoption: an empirical study of bounce protection programs

Karshenas and Stoneman (RAND J Econ 24(4):503–528, 1993) gathered four theories of technology adoption: the rank, stock, order and epidemic effects. Tests of these four effects reveal support for rank and epidemic but not the stock or order effects. Since then numerous other studies have tried to find evidence in support of the stock and order effects. But evidence has been elusive, until now. Further, a survey by Frame and White (J Econ Lit 42:116–144, 2004) concludes that much more work is needed into financial innovation. This paper accomplishes three goals: (1) evidence is found to support certain technology adoption theories (the order effects and possibly the stock effects), (2) since the technology under consideration is a financial innovation called bounce protection, the paper answers Frame and White’s call for papers, and (3) refinements are made to the Karshenas and Stoneman methodology and found to be superior to the original empirical model.

刑事专家辅助人的几点思考

刑诉法第192条第2款规定了专家辅助人可以出庭就鉴定意见发表意见,专家辅助人制度对于保障控辩双方在专门问题上的平等对抗,维护司法公正意义重大。立法的规定过于原则,对专家辅助人的立场、专家辅助人的查阅权、专家辅助人的费用等3个问题的准确理解和适用能保证有效发挥专家辅助人的功能。     

England's New Scheme for Funding Higher Education through Student Fees: ‘Fair and Progressive’?

From September 2012 most home undergraduates at English universities are being charged fees of £9,000 per annum. These are funded by a government loan, which attracts interest from the moment they start their course; after three years their accumulated debt exceeds £30,000. They can also borrow to cover their living costs, on the same terms, so that those studying in London can graduate with a debt of more than £50,000—although those from low‐income families can obtain grants and universities are encouraged to provide bursaries and other support to students from underrepresented groups. Graduates start repaying their debts once their annual income exceeds £21,000—at a rate of 9% of the difference between their income and that figure: until the debt is fully repaid it continues to attract interest, by as much as three percentage points above the current inflation rate. Using data from a calculator on a government website, this paper shows that the highest‐paid graduates pay back less than those on middle incomes: the ‘squeezed middle’ pays back more not only than those on low incomes but also the better‐paid and those whose incomes increase more rapidly. This has differential effects according to occupation—and sex; and middle‐income groups also contribute more to the costs of widening participation programmes, which all universities charging more than £6,000 per annum are required to fund.     

Winning the Bid: Analyzing the International Olympic Committee's Host City Selections

Previous scholarship has relied on case study analysis and anecdotal evidence to explain the International Olympic Committee (IOC) Olympic host city selection process. This has resulted in several provocative claims regarding why the IOC selects particular cities to host the Olympics. Large-n analysis can dispel some of these assertions by identifying the systematic tendencies in the IOC's host city choices. After reviewing the selection process and the different influences on the IOC's choice of a host city, rank-ordered conditional logit estimation is applied to data proxies of bid candidate characteristics from 1959 through 2005. The IOC shows a statistical tendency to base its decision on the economic vitality of a bid city's home country and on the need to maintain continental diversity.     

我国著作权集体管理组织许可使用费决定机制检讨与改革

有关集体管理组织许可使用费的决定及收取的关键不在于具体金额多寡,而在于程序的合理性和公正性。我国目前集体管理组织许可使用费决定机制忽视使用人知情参与权,而著作权主管机关审查又仅流于形式,而且有关许可使用费争议在当前法律机制下难以得到有效解决。由于版权的私权本质,有关版权许可费决定机制应当回归市场本位,由著作权集体管理组织与使用人自由磋商,同时为了制衡集体管理组织滥用优势地位的可能性,应当采取由主管机关设立专门的争议解决机制来处理双方之间的争议。     

“开瓶费”现象的法律思考

“开瓶费”现象引起了社会的广泛关注和激烈争论。我们可以从民法、消费者权益保护法、反不正当竞争法、价格法等视角对这一现象进行思考。不能笼统地认为酒店收取“开瓶费”合法与否，应结合“开瓶费”这一格式条款的作出主体、酒店是否履行了告知义务、是否违反了价格法的强制规定等具体分析。我国应完善相关立法，对“开瓶费”这一问题作出明确规定，并建立相应的司法救济机制。     

论民事诉讼简易程序的法理基础

民事诉讼简易程序作为迅速、廉价地解决民事简单案件的诉讼程序 ,得到越来越广泛的肯定和适用。设立民事诉讼简易程序 ,并非仅仅是为了提高法院的办案速度而采取的权宜之计 ,而是基于公民获得司法救济权、诉讼费用相当、司法资源的合理配置以及适时审判等诉讼法理的必然要求     

农村税费改革必须多管齐下--对安徽农村税费改革实践的思考

农村税费改革是中国农村继土地改革、实行家庭承包经营之后的又一项重大改革.农村税费改革,是切实减轻农民负担的治本之策;是增加农民收入,保护农村生产力,促进国民经济持续、快速、健康发展的有效途径;是改善干群关系,维护农村稳定的重要举措.