中国国际私法立法的设计思路及其评析

改革开放30年来,涉外民商事交往促进了中国国际私法的发展。改革开放之初制定的规范涉外民商事活动的《民法通则》第8章,已难以应对改革开放所带来的民商事法律关系的变革。综观30年来国际私法的发展,我国应当制定法律适用法,在理论上坚持萨维尼的"法律关系本座说"并对传统规范体系予以修正与补充,在原则上秉承私人利益保护原则,在价值规范上对国际私法进行定位,在立法规范选取上注重内容为导向,以构建中国国际私法立法体系。     

义理与权利、传承与裂变、冲突与整合——中国民法近代化路径之探讨

民法作为外来词汇引入中国后,掀起人们对民法近代化的种种期望和大胆实践。义理与权利呈现的是私权的彰显,传承与裂变反映的是近代民事法律体系的演变,冲突与整合则初步指明了中国民法近代化的探索路径。近代三次民法典起草,无论其内容和结局如何,都体现了制度和理念方面的大转变,反映出中国民法近代化路径探索的复杂和艰难。     

试论社保基金在私募股权市场的投资

我国的养老基金面临巨大的保值增值压力,我国的资本市场的效率与容量也较为低下,养老金保值增值与资本市场的发展息息相关,一条资本市场稳健发展﹑社会福利化水平稳步提高的经济良性发展之路值得探索。私募股权投资也是我国养老基金发挥企业家才能﹑获取丰厚回报的投资渠道,更是避免政府投资被市场无效消融的一条渠道。尤其在当前,我国处在全球性金融危机的包围之中,一些关键性的行业﹑企业更需要来自政府的直接引导,从资金、技术、经营思路、市场责任等各方面的引导。     

Business interests in salmon aquaculture certification: Competition or collective action?

Research recognizes that strategic business interests can provide an important driver of private regulation, even in the absence of significant societal pressure and non‐governmental organization‐constructed demand. This article examines a range of competition and collective action‐related interests that can motivate firms to promote and adopt certification schemes. We pay particular attention to the hitherto underexplored collective action interest to safeguard common‐pool resources, upon which an industry may depend to sustain yields. Based on a case study of salmon aquaculture certification, the article argues that while the corporate motives repertoire includes strengthening competitiveness and industry reputation, safeguarding shared waters for culturing salmon is key to explaining industry commitment to and adoption of private regulation in this sector.     

马克思主义公有制理论与新时代中国社会主义公有制的新形式

马克思、恩格斯后来大大拓展了《共产党宣言》中的公有制理论,他们不仅寄希望于工人在必要时用暴力夺取国家政权,也寄希望于发达国家的工人用和平手段达到自己的目的,并认为在发达国家"旧社会可能和平地长入新社会"。他们注重经过社会所有制达到共产主义。在《资本论》中,马克思提出"重新建立个人所有制"的设想,认为资本主义将被自己内部的社会主义因素自我否定,社会主义公有制由此而产生。当前中国的一种新的公有制形式正在蓬勃发展,民营企业中许多股份制企业表现出新公有制特征,它们不仅率先实行现代企业制度,且职工人人持股。它们对生产资料占有方式和对企业利润的分配基本公正,职工的劳动价值得到体现。随着改革的深化、市场经济的健全,更多的新公有制企业将会成长起来。同时,广大农民随着产权的改革与落实,会在新的合作过程中建立新的公有制。新时代,新公有制与社会主义有着广阔前景。     

A Comparative Analysis and Evaluation of Specialist PPP Units’ Methodologies for Conducting Value for Money Appraisals

Governments throughout the world are turning to public?private partnerships (PPPs) as a means of providing new infrastructure. The decision to adopt a PPP over conventional government procurement is usually based on a value for money (VfM) appraisal, but this analysis is conducted differently in different countries. This article describes the correct way to conduct VfM analysis if the goal is to minimize the present value of the costs to the Treasury and if the goal is to maximize social welfare. It then compares the documented methodologies of nine specialist PPP units. It identifies four ways in which these methodologies depart from either of the correct approaches, and shows how each departure favors the PPP option. Finally, it shows how the UK approach might be augmented to determine the best value to society.     

The Expansion of “Private” Schools in England,Sweden and Eastern Germany: A Comparative Perspective on Policy Development,Regulation, Policy Goals and Ideas

In a diverse range of European countries, there has been an increase in the proportion of pupils attending schools owned by private bodies but funded by the state. This article compares the policy development and governance of private government-dependent schools in three countries/regions: England, Sweden and Berlin/Brandenburg in Eastern Germany. It is found that the regulatory frameworks vary and are associated with specific policy goals and ideas, with apparently similar ideas having different meanings. It is also found that the growth of private government-dependent schools is related to policy goals, differing institutional configurations and political parties.     

Does the Millennium Challenge Corporation reinforce capitalist power structures or empower citizens?

In development practice, how does ‘mutual benefit’ accrue, and to whom? China criticises America for perpetuating capitalist power relations and claims it can seek a new geopolitical order based on South–South cooperation. Meanwhile, there has been an extraordinary shift of emphasis towards the private sector as a driver of development, but this shift is attracting increasing criticism. The Millennium Challenge Corporation (MCC) – the only development agency to grow in influence under the Trump administration – is evaluated in the light of these two key themes. Neither China nor the private sector is successful in achieving ‘mutual benefit’ for ordinary citizens – both replicate existing power inequalities. As with the rise of both China and the private sector, the MCC also enmeshes developing countries further into the existing neoliberal capitalist structures. However, the advantages of the agency should not be dismissed outright, as its Ruling Justly and Investing in People indicators can enhance the capacity of citizens to challenge these power structures themselves.     

Using Private Information to Predict Homelessness Entries: Evidence and Prospects

Do people at risk of homelessness have private information—information that social service agencies cannot credibly obtain—that helps predict whether they will become homeless? This article asserts that the answer to this question is yes: homeless people and people at risk of homelessness know important things about their future. Data from Journeys Home (JH), a pathbreaking longitudinal study of people experiencing homelessness and people at risk of homelessness in Australia, are used in this article. In many cases, the private information that participants have predicts entries better than the public information that agencies can obtain. Ways in which this private information can be used to improve service delivery are suggested.     

The impact of foreign-owned enterprises in low-income economies

An economic impact snapshot of foreign and domestic enterprises from the functional economic areas of Guinea-Bissau showed that not all micro and small enterprises (MSEs) are local, and not all outside investment is large scale. We find that South–South entrepreneurship has prospects to improve livelihoods as drivers of economic growth and development in a low-income economy. While political instability and a lack of resources remain as barriers to solvency for both domestic and foreign investors in the global periphery, as opportunities and effective business strategies are fostered, improved socio-economic integration and development results.