论物权法调整空域使用权的合理性

我国《物权法》没有明确规定空域所有权,但是应当解释为承认了空域所有权的存在。现行法律没有认可空域使用权的物权属性,只能认为空域使用权是行政许可利益。但行政许可机制的运行与效率价值旨趣相悖,其产生的产权不确定性不利于空域高效利用。市场机制和私权制度的引入是改革的重要方向。国家所有权具有私权属性,空域所有权也不例外,而空域使用权是空域所有权基于权能分离产生的权利,只能具有私权属性。这种定性在价值上也具有合理性,这主要是基于市场机制对空域利用效率的保障作用以及私权属性对市场机制顺畅运作的支撑地位。在私权体系中,将空域使用权规定为物权最为妥当。     

行政法上的利害关系人新探

从大陆法系国家公权利和反射性利益相区分的角度看,与行政主体相对的私人可以分成行政相对人、利害关系人和一般公众,他们是行政法"人像"的具体展开。从本质上看,利害关系人是由反射性利益人转化而来的一类公权利人,这类行政法上私人的确立必将改变行政过程中的利益结构,推动行政过程的民主化,促使行政法重心的转移。     

警察执法权力的边界与私权维护

当前警察执法活动中存在着侵犯公民私权的现象,其中一个重要原因是执法者不能准确区分执法权的边界,造成越界执法,导致侵权。建设和谐社会与法制国家必须进一步规范和限制执法权力的运用,实现公权和私权的平衡与协调,在执法中树立以权利为本位的执法理念,明确公权与私权的边界,规范公权力行使,保障私人权益。     

Forget “Blind Leading the Seeing” – Improving Public Service Management

The aim of this research is to identify the most effective public service management approaches for outsourced services. Our focus is on the phases of transition and service management post provider selection. To reach this aim, comparative case studies across sectors were conducted. The studied cases indicate that managing an outsourced service should not be a separate area of public management research nor practice, but rather a part of service management. Best practices in (outsourced) public service management are provided. Management focus on transition phase after provider selection, performance measurement, and evaluation will bring efficiency to public sector service production.     

Secrecy and Self-Interest: When Mediators Act Deceitfully

3rd party intervention in interstate conflict is a common strategy for mitigating conflict and obtaining a final agreement. However, not all mediations are successful, leading to the development of a rich literature on the mechanisms which decrease the probability of failure in a 3rd-party intervention. Within this literature, some studies examine how a mediator’ behavior and incentives affect the result of the mediation. Virtually all these studies assume that the mediator is virtuous such that peace is the most desired outcome of a conflict for her. However, this study challenges this assumption and contends that a mediator can gain benefit from the conflict between disputants. If this benefit is adequately large to overcome the benefits of peace, then the mediator has enough incentive not to conduct the mediation toward a peaceful outcome. We develop a signaling game model to study this issue formally and test the proposed hypothesis empirically.     

The fractured state in the governance of private game farming: the case of KwaZulu-Natal Province,South Africa

Conversion from livestock and/or crop farming to game farming has been a notable trend on privately owned land in South Africa over the last decades. The rapid growth of wildlife ranching is associated with an annual increase in the areas enclosed by game fences and high demand for wildlife which is being traded privately and at wildlife auctions. Key environmental, agricultural and land reform legislation has been passed since 1994 that impacts this sector, but this legislation does not provide a clear regulatory framework for the game farming industry. This article seeks to understand why game farming is thriving in a regulatory environment plagued with uncertainty. The focus is on one province, KwaZulu-Natal. It is clear that the state is not a homogeneous and monolithic entity applying itself to the regulation of the sector. There is no clear direction on the position of private game farming at the interface of environmental and agricultural regulations. The argument put forward is that the fractured state, in fact, provides space within which the game farmers are able to effectively manoeuvre and to maximise their advantages as private landowners. While game farmers may complain about strict wildlife regulation in the province, the benefits they gain from the combination of a divided state and the presence in this province of a strong, autonomous conservation body are considerable.     

Paving the way for farm animal welfare in international relations: an EU–Brazil case study

As a sensitive area in international trade, animal welfare measures have encountered resistance in negotiations at the World Trade Organization (WTO). Consequently, alternative avenues have been pursued to reach international trade policy convergence. To further understand the contemporary trade politics of animal welfare, an empirical investigation was conducted on the interplay between European and Brazilian actors in the context of livestock production. By drawing upon diplomatic studies and the global governance literature, this study identifies and analyses initiatives that parallel the WTO approach and through which the development and implementation of mutually acceptable farm animal welfare measures have been pursued. Research findings indicate that a constellation of international non-diplomatic actors are currently engaged in influencing the future development of farm animal welfare measures. Among the initiatives that enable the alignment of European and Brazilian animal welfare policies and practices, there are soft instruments such as knowledge sharing and private standards. The rise of new actors and the use of soft instruments have been, to a certain extent, able to mitigate the tardiness of a WTO consensus regarding the use of animal welfare measures. However, there are concerns that the use of private standards has become a shortcut to circumvent the rigours of the multilateral trading system. This concern deserves a closer look because instead of paving the way, private standards may hamper trade relations which in turn hamper progress in animal welfare matters.     

关 于 民 办 高 校 人才 培养适 应 市 场 需 求 的 研 究

民办高校的人才培养模式必须适应市场需求,在社会经济体制改革和高等教育发展转型的背景下,民办高校人才培养模式对市场需求的适应性存在着许多亟待解决的问题。而解决民办高校人才培养适应市场需求的主要途径有:一是重视对领军人物的引进与培养,稳步提升师资水平;二是合理定位,加强专业内涵建设;三是改进课程设置,强化实践教学;四是创新人才培养途径和方法,满足人才培养的市场需求。     

Where the Action Is: Macro and Micro Justice in Contract Law

In contemporary private law theory the relationship between ‘macro’ theories of distributive justice and the ‘micro’ site of interpersonal transactions remains under-explored. In this paper, I draw on the ‘macro’ theory of justice articulated by John Rawls and offer an account of ‘micro contractual justice’ that helps us understand how the micro domains of contracting introduce particular relational constraints on the infusion of distributive considerations into contract law, resulting in constrained conception of ‘relational Rawlsianism’ operating in contractual domains. My framework provides a bridge between the macro and micro, helping us understand how they are in various senses separate yet interlocking, and also provides a ‘third way’ between all or nothing positions on the place of distributive justice in contract.     

Corporate policy entrepreneurship and cross-boundary strategies: How a private corporation champions mobile healthcare payment innovation in China?

The private nature of corporate actors does not necessarily preclude them from contributing to public interest. When business strategies and genuine public motivation are favorably aligned, corporate actors from the private sector can also drive public sector innovations. For a private corporation, policy entrepreneurship inherently entails crossing not only the public–private boundary but also various policy domains. This study formulates five propositions to characterize the cross-boundary strategies of corporate policy entrepreneurship, a distinct form of policy entrepreneurship in a developing authoritarian state. The case study of mobile healthcare payment innovation in China finds that the corporate entrepreneur used a series of cross-boundary strategies adeptly that eventually made the innovation not only adopted in one locality but also rapidly diffused nationwide. These strategies were not used in isolation or in a pure stepwise fashion but appeared to be recursive and interactive, suggesting the dynamic nature of corporate policy entrepreneurship in a multilevel governance system. More studies could be done to further examine strategies and processes of other forms of policy entrepreneurship in various national and sectoral settings.