试论宏观调控法

宏观调控是现代市场经济的内在要求。宏观调控法是国家依法运用宏观调控手段对市场经济运行进行调节与控制的法律,宏观调控必须贯彻计划指导、平衡优化、适度调控、效益公平等原则,宏观调控的调整方法应采取经济手段、行政手段、法律手段三种手段相结合的调整方法,并必须统一于法治之中。     

Short term impact of Tribulus terrestris intake on doping control analysis of endogenous steroids

Tribulus terrestris is a nutritional supplement highly debated regarding its physiological and actual effects on the organism. The main claimed effect is an increase of testosterone anabolic and androgenic action through the activation of endogenous testosterone production. Even if this biological pathway is not entirely proven, T. terrestris is regularly used by athletes. Recently, the analysis of two female urine samples by GC/C/IRMS (gas chromatography/combustion/isotope-ratio-mass-spectrometry) conclusively revealed the administration of exogenous testosterone or its precursors, even if the testosterone glucuronide/epitestosterone glucuronide (T/E) ratio and steroid marker concentrations were below the cut-off values defined by World Anti-Doping Agency (WADA). To argue against this adverse analytical finding, the athletes recognized having used T. terrestris in their diet. In order to test this hypothesis, two female volunteers ingested 500 mg of T. terrestris, three times a day and for two consecutive days. All spot urines were collected during 48 h after the first intake. The (13)C/(12)C ratio of ketosteroids was determined by GC/C/IRMS, the T/E ratio and DHEA concentrations were measured by GC/MS and LH concentrations by radioimmunoassay. None of these parameters revealed a significant variation or increased above the WADA cut-off limits. Hence, the short-term treatment with T. terrestris showed no impact on the endogenous testosterone metabolism of the two subjects.     

宏观调控的法律规制

宏观调控问题已引起法学界热情的关注 ,但现有研究成果尚不足以形成立法资源 ,且学者间对宏观调控主体、领域、手段的法律规制等问题也存在着认识上的差异。立法上确定宏观调控主体 ,应以宏观调控的价值目标为根据 ;对宏观调控领域的法律规制 ,应把握宏观经济的层面界定 ;从逻辑学角度对现有宏观调控主体的研究成果进行检视 ,有利于确立宏观调控主体法治化的观念     

关于限制律师诉讼代理权问题的探讨

律师不是我国诉讼回避制度的直接适用主体。回避制度不应当适用于律师,而立法应当对律师的诉讼代理权作出限制性规定。与此相对应,诉讼法应当从四方面作出修改。     

警察实力强制调查的法律规制

2002年陕西省延安市发生的夫妻在家看黄碟案促使我们反省警察实力强制调查问题。实力强制调查是指行政机关在遭遇被调查人抵抗时,允许使用实力强行进入有关场所,或者强行对被调查人人身及财产进行调查。警察实力强制调查应加强司法监督,遵循法律保留原则、正当程序原则、比例原则,其法律规制的方法有法律的明确规定、程序的严格执行、检查令的使用。     

论治安防控中的时空整合

治安防控是中国公安机关为适应新形势下动态治安管理需要所采取的新举措。在治安防 控中将时空整合,有利于提高快速反应的实战能力,有利于提高发现和预防犯罪的能力,有利于发现 和打击现行犯罪和预谋犯罪。     

Complainants’ Views about Civilian Review of the Police: A Study of the Philippines

In search of effective control of the police, several countries have created civilian review boards. The Philippines recently adopted such an approach by establishing the People’s Law Enforcement Board (PLEB). The board is envisioned to enable citizens to participate in the process of police control. This study examines the perceptions of complainants about the board in a metropolitan area in the Philippines. Using surveys, the study aims to determine the integrity, legitimacy, and efficiency of the board as well as the satisfaction of complainants with the review board. The findings suggest that complainants were highly satisfied with the People’s Law Enforcement Board. Complainants also showed great concern for the legitimacy of the board and the timely resolutions of their cases. In addition, the study confirms previous studies’ findings on the predominant influence of case outcomes on complainants’ satisfaction.

Potential of the state to control privatized firms

The privatization strategy in many transition economies involved the creation of a special government agency that administered state property during privatization programs as well as after the privatization was declared complete. The National Property Fund (NPF) was the agency in the Czech Republic. In many firms the state kept property long after the privatization was completed. We analyze the control potential of the state exercised through the NPF via the control rights associated with capital stakes in firms along with special voting rights provided by law. Based on a complete data set on assets as well as the means of control in privatized firms we conclude that for most of the 1994–2005 period, the state control potential was extensive and certainly larger than has been found by earlier research.

Friction and bureaucratic control in authoritarian regimes

Democracies deliberately create “friction” in bureaucratic processes, using inefficiencies to mitigate the impact of government transitions and asymmetric information on leaders' ability to exert control. With far more centralized power, would authoritarians prefer less friction? We argue that they do not. In fact, excess friction is actively supplied to hinder bureaucratic coordination independent of or even in opposition to top-down control, leaving the central leaders the only player powerful enough to organize complex actions. Our analysis of data on the Chinese government indicates that bureaucrats are systematically sent to unfamiliar work environment, and that agencies that are more exposed to the resultant inefficiencies are also more likely to come under direct control by senior Politburo members. The pattern of targeted intervention indicates that bureaucratic control in authoritarian regimes is predicated not only on centralized power in general but also the deliberate supply of friction to obstruct independent actions from the bottom up.     

论银行账户担保的控制公示方法

物权公示是物权状况的外部表现。作为法律制度的产物,它既可能是基于自然状况设立,也可基于某种人为手段设立。占有与登记是两种基本方法。虽然占有本质上也是一种控制,但是作为独立公示方式的控制是对无形财产所进行的管理与支配。它以控制人的社会公共信任基础为前提,是介于登记与占有之间的一种自然公示方法。一方面其不像占有那样能对权利客体本身进行有形支配,另一方面其又不像登记制度那样离权利本身那么远,而是能够对权利本身做实事上的管理。控制公示方式也可扩展适用于占有动产的人对其动产支配的某种程度的转移。建议我国未来也建立独立于占有的控制公示方法。