Public–Private Partnerships in Health in Malaysia: Lessons for Policy Implementation

The government of Malaysia, an early and enthusiastic supporter of the concept of privatization of public services, can also be considered as being highly supportive of more recent strategies such as “public–private partnerships” (PPPs) in the delivery of social services. It established a Public–Private Partnership Unit (UKAS) in 2011. This discussion of Malaysia’s experience with health care PPPs is based on a literature review. The record is mixed, with successes and failures. Critical factors for success include regulation, transparency, clear policy guidance and clarity on operational procedures and responsibilities, proper evaluation mechanisms, sustained financial support, especially for NGO partners, and unwavering commitment from policy-makers.     

我国民事诉讼法原则在新时期的完善

民事诉讼实践经验显示,民事诉讼制度与我国经济社会迅速发展对民事诉讼的法治要求有诸多不适应。民事诉讼法的发展离不开民事诉讼原则指导和引领,要发展民事诉讼制度,应当先拓展民事诉讼原则,将现代法治同法律与时俱进的发展精神相结合,将以人本精神作为民事诉讼宗旨纳入民事诉讼原则,使民事诉讼法在新原则指引下发展成为具备自新能力的法律系统。因此,更新民事诉讼法原则,创新民事诉讼法律自我创新机制势在必行。     

Private Property Concerning Digitized Cultural Goods: Artificial Scarcity and Appropriation through Reproduction

ABSTRACT

Intellectual property is a legal concept used to regulate cultural goods and artistic forms of expression. It constitutes a peculiar regulation, as it applies the categories of private property to intangible goods. With the spread of Information and Communications Technology (ICT), which has allowed for the reproduction and global diffusion of these cultural goods, conflicts concerning intellectual property have increased. This article attempts to analyze some difficulties in using a concept such as private property to approach the marketing of cultural goods, especially when technology eliminates the quality of scarcity of these goods, which can be infinitely reproduced at almost zero cost.     

行政强制执行时间限制与拒绝给付禁止之制度解析——评《行政强制法》第43条

《行政强制法》第43条规定关涉的行政强制执行时间限制与拒绝给付禁止之规定透射出这样的利益博弈:公民权的保障与行政权的限缩、个人利益的凸显与公共利益的隐退。由此足以解读立法者设置该条的旨意。该种立法内容设计存在正当性瑕疵:从宏观上来看,存在与该法同一章节预置规则相冲突之嫌;从微观来看,内容设计之科学性不足。基于此,行政强制执行时间与手段限制的革新应以"抑公扬私"的立法理念为导向探求行政强制执行时间的限度;从法律依据、适用条件、程序设置等方面规制拒绝给付制度。     

The Chinese mafia: private protection in a socialist market economy

Gambetta's theoretical framework focuses on two important aspects directly relating to the birth and development of mafias, namely a demand for private protection and a supply of the same. In the Post-Mao era, China started its transition from a centrally controlled economy to a market-directed economy by adopting reform and opening-up policies. The widespread creation of property rights has exponentially enlarged the demand for protection. However, property rights are ambiguously defined in the Chinese legal system, and the state is unable and unwilling to provide efficient and sufficient law enforcement mechanisms for needy people because of the rampant corruption of government officials and the weak judicial system. In this case, the mafia that is interested in the private provision of protection developed into an alternative enforcement mechanism for ‘securing’ property rights in China's economic transition. The most important service offered by the mafia in China is not only to assist business enterprises in monopolising the market, but also to assist local government in China's economic reform.     

Private sector participation in infrastructure for development

This article reflects on the variety of finance sources to African countries, including aid flows, remittances, development finance, private equity and bonds and foreign direct investment. In order to address the poverty challenge, estimated at about $66 billion annually, these finances must be applied appropriately in various economic sectors, in particular the infrastructure sectors. These include both physical assets (transport, energy, water and sanitation and information and communications) and social services (hospitals and clinics, education and low-income housing). Governments are ultimately responsible for ensuring access to infrastructure for their citizens. However, developing-country governments are unable to address the infrastructure backlogs, let alone develop new assets, especially in the least developed countries in Africa. Governments rely on alliances with international partners, development finance institutions and, importantly, the private sector. However, the rules of engagement with the private sector need to be redefined, with proper emphasis on bringing affordable yet quality access to poorer communities.     

The Impact of the Housing Bubble on the Growth of Municipal Debt: Evidence from Spain

The aim of this paper is to analyse the impact of the recent Spanish housing boom and the subsequent burst on local public finances. Particularly, we investigate the effect of the rise and later fall in revenue from urban development on local government debt. Using a sample of the Spanish largest municipalities in the period 2003–2011, we find that debt was substituted by revenue from urban development during boom years and this substitution effect vanished after the burst of the boom. Our results also reveal that local public finances have worsened after the burst of the housing bubble since now they have larger current spending and smaller savings.     

Orchestrating sustainability: The case of European Union biofuel governance

This article provides an empirical analysis of orchestration – that is, the initiation, support, and embracement of private governance arrangements through public regulators – in the field of European Union biofuel governance. It examines the emerging sustainability regime and shows that orchestration has been extensively practiced. Regulators in the European Union have used a range of directive and facilitative measures to initiate and support private biofuel certification schemes and to incorporate them in their regulatory frameworks. This has given rise to a hybrid regime in which public and private approaches are closely intertwined. Discussing the benefits and complications of engaging with private biofuel sustainability governance, the article's findings point to a partial failure of orchestration in this policy area.     

我国私募股权投资基金合格投资者的界定

合格投资者是私募股权投资基金投资者的准入门槛,也是发展私募股权投资基金核心规则,明确其标准,对于保护投资者权益,促进私募基金投资市场的发展具有重要意义。论文界阐述从界定合格投资者的必要性出发,在借鉴有关国家成熟的立法经验基础上,主要从认定主体、认定标准和认定程序三方面对私募股权投资基金合格投资者进行界定,以期厘清私募股权投资与非法集资的界限,维护金融市场的秩序。