陵县新型农村合作医疗制度实施状况调查报告

陵县新型农村合作医疗制度自建立以来已有两年时间，为了解陵县新型农村合作医疗制度的政策内容和实施情况，笔者运用问卷调查和访谈调查的调查方法，在陵县宋家镇、梅镇和神头镇进行调查。通过对调查结果的整理分析，发现陵县新型农村合作医疗制度实施过程中存在着宣传不足、医疗费用高、农民享受不方便等情况。针对调查中发现的问题，提出了完善陵县新型农村合作医疗制度的建议，包括加强宣传、扩大报销范围、控制药品价格、建立引进医师机制等。     

The Wasted Costs Jurisdiction

The wasted costs jurisdiction is flawed for six reasons, based on an analysis of all reported cases in the last nine years and five years of statistics provided by the Bar Mutual Insurance Fund Limited, and despite the guidance laid down by the Court of Appeal in Ridehalgh v Horsefield [1994] Ch 205. First, it is very costly proportionate to the amount recovered. Secondly, judges can initiate a wasted costs enquiry, which is unfair and even more disproportionately costly. Thirdly, it is procedurally complex. Fourthly, it is unpredictable whether the client will waive privilege, and what the consequences will be whether or not privilege is waived. Fifthly, it is not possible for solicitors and barristers to make contribution claims against each other. Sixthly, it is mostly used against lawyers representing legally aided litigants from whom costs cannot be recovered.     

国有资产管理委托代理论思考

委托代理论在我国经营性国有资产管理体制改革过程中发挥了重要作用，依据该理论，参与管理国有资产的各方主体之间形成了“六层级五委托”的双向多级委托代理链条。然而，当我们细致分析国有资产管理主体之间的法律关系时却发现，不同主体之间或表现为代表关系，或表现为信托关系，或表现为特殊的委托代理关系。这要求我们务必理顺各方管理主体之间的法律关系，并在此基础上进一步完善我国国有资产管理体制，深化国有企业公司制股份制改革。     

行政许可撤回、撤销与信赖保护

<行政许可法>第8、69条规定的行政许可撤回和撤销制度是行政法上信赖保护原则的具体体现.根据信赖保护原则的要求,行政机关在作出撤回或撤销行政许可决定前,必须对行政许可涉及的各种利益关系进行全面衡量.只有在不能给予被许可人存续保护时才会产生撤回或撤销行政许可的补偿和赔偿问题.从我国行政许可立法的现状来看,行政许可撤回和撤销的程序还是空白,需要加以完善.     

The primary runoff as a remnant of the old South

During the Jim Crow era, the American South developed a distinctive one-party political structure. One important feature of that structure was the primary runoff, which was adopted to require candidates to generate majority support in the nomination process and to stimulate competition within the Democratic Party (thus keeping the Republican Party irrelevant). In this piece, I argue that although the South has become a two-party region and the runoff has lived beyond its original purposes, it continues to do many of the things it was put into place to do. As in decades past, the runoff still has an impact on such things as candidate emergence, the competitiveness of primaries, and the ability for voters to reevaluate their choices.     

在思想政治工作中注重人文关怀和心理疏导的思考

胡锦涛总书记在党的十七大报告中强调指出：“加强和改进思想政治工作，注重人文关怀和心理疏导，用正确方式处理人际关系。”这一精辟而深邃的论述，深刻揭示了新时期思想政治工作的内在规律，赋予了思想政治工作以人为本的理念和与时俱进的创新品质，极大地丰富了我们党的思想政治工作的内涵，为我们如何加强和改进社会转型期的思想政治工作提供了根本遵循和明确方向，具有重大理论和现实意义。本文从提高思想认识、梳理当前存在的主要问题、提出相应对策三个方面做些微探，以期为深入学习贯彻胡总书记这一重要讲话精神，取得加强和改进思想政治工作的新成效，起到“抛砖引玉”作用。     

Explaining trust in political institutions: Some illustrations from the Baltic states

An important precondition of successful democratic consolidation is voters' confidence that political institutions do not abuse their privileged position of power. Seeking to identify variables that explain trust in political institutions, the paper tests different theories of institutional trust with individual-level survey data from Estonia, Latvia and Lithuania. Building on prior research, two competitive theories—the cultural and performance explanation—are identified and tested, while also controlling for the effects of party preference, ethnicity, and socio-demographic factors. The results show that both cultural and performance variables influence citizens' trust in political institutions. In other words, institutional trust depends on how much the individual trusts other people as well as on how well they believe the economic and the political system to function. Besides cultural and performance variables, most control variables also proved to be significantly associated with institutional trust, confirming the need to include correct control variables in models of institutional trust.     

Vexatious Claims: Challenging the Case for Employment Tribunal Fees

Since July 2013, recourse to Employment Tribunals in the United Kingdom has attracted fees of up to £1,200 for single claimants. The impact of this reform has been dramatic: within a year, claims dropped by nearly 80 per cent. This paper suggests that this fee regime is in clear violation of domestic and international norms, including Article 6(1) ECHR and the EU principle of effective judicial protection. Drawing on rational choice theory and empirical evidence, we argue that the resulting payoff structures, negative for the majority of successful claimants, strike at the very essence of these rights. The measures are, furthermore, disproportionate in light of the Government's stated policy aims: fees have failed to transfer cost away from taxpayers, have failed to encourage early dispute resolution, and have failed to deter vexatious litigants. The only vexatious claims, we find, appear to be those which motivated the reforms in the first place.     

Ex Turpi Causa: Reformation not Revolution

Seldom has an area of law been so afflicted with uncertainties and contradictions as the illegality defence and rarely have judicial opinions been so sharply divided as in the Supreme Court decision in Patel v Mirza where nine Justices examined the issue of the correct approach to the illegality defence. Six of them endorsed the ‘range of factors’ approach, whereas three condemned it. This paper defends the majority's approach against the minority's criticisms but argues that refinements should be made to it in order to address the uncertainty that may arise from its application.