《鹿特丹规则》下无单放货解决机制：从凭保函放货到凭指示放货

《鹿特丹规则》对无单放货问题设计了新的解决机制，通过使特定条件下的无单放货合法化，试图减轻承运人的负担，平衡船货双方的利益。采取规范分析的方法，对这一机制进行解构，论述其给各当事方的法律地位所带来的变化，认为对现有制度进行改良可能是更好的选择。     

多维视角下赃物适用善意取得制度的再思考

我国重刑轻民,公法优位的观念导致追赃活动中司法自治功能缺失。赃物有限制地适用善意取得制度是世界多数国家的做法,并不违背价值冲突规则,是物权公示公信原则的客观要求,能实现较好的社会效果和交易成本的可控与节约。其中,善意标准应从价格和交易环境两个方面客观考量,善意证明责任应公平分配,并应设立特定物有偿赎回和特殊物品不得回复的限制性规定,以便真正衡平原所有权人与善意第三人的利益冲突。宜设立善意第三人的补偿制度和国家对被害人的救助机制。在立法完善之前,可以通过法律解释方法和漏洞补充方式进行法律适用。     

Tradable Permits for Common‐Pool Resources: An Assessment

Scholars often attribute deterioration in common‐pool resources (CPRs) to ill‐defined property rights and suggest privatization and tradable permit markets as a solution to the commons problem. CPRs are heterogeneous, differing in physical characteristics and use patterns. Regulating their use requires tailored policy solutions that cohere with these characteristics. This paper examines factors that contribute to a well‐performing tradable permit market. While the literature offers rich empirical analyses of individual tradable permit markets, it has not provided an analytical framework enabling comparative analysis of these markets. This paper develops and employs an analytical framework for comparing across markets. The comparative analysis of market performance suggests that markets are not successful in all environmental problems and all demand situations. Further, it shows that even some markets frequently cited as exemplary successes have been that for nonmarket‐related reasons. On the other hand, this comparative analysis identifies sources of success for markets that partial analytical frameworks would have predicted to fail.     

浅议我国公共产品的价格宏观调控

目前,我国的公共产品领域存在的行业经营观念相对滞后、资源分配不均等问题,严重影响了公共产品价格机制的完善。因此,应该从公共产品价格市场化、加快政府职能转变等方面来推进我国公共产品价格宏观调控体系的完善。     

The Future of the European “Social Model” in the Global Economy

This article examines the prospects for European welfare states in the context of globalization. It begins with a critical review of the globalization arguments. While there is some evidence that external constraints make life harder for policymakers seeking positive-sum outcomes, it is the combination of national debt and spending limits, plus domestic tax resistance, that really count in making expenditure-based social and employment policies more difficult in certain countries. In understanding the constraints and opportunities that will shape Europe's welfare future, globalization—crudely understood—is therefore much less influential than many suppose. While EMU has radically diminished national autonomy in exchange rate, monetary policy, and fiscal policy, there are also beneficial consequences for social policy and broader economic management. On the employment and social policy side, initiatives required to match greater flexibility with sustained security are now at the top of the EU agenda, and mechanisms for diffusing best practice across Europe are being put in place. Within this framework, European welfare states must place more emphasis on dynamic equality, being primarily attentive to the worst off, more hospitable to incentive-generating differentiation, and actively vigilant with regard to the openness of opportunity structures.     

Examining Space–Time Interaction in City-Level Homicide Data: Crack Markets and the Diffusion of Guns Among Youth

This paper examines the linkage between crack market activity and gunhomicide suggested by Blumstein (1995), who argues that the arrival ofcrack stimulated an increased availability of guns among juveniles. Thisgreater availability of guns, the argument continues, is responsible for thesharp upswing in juvenile homicide experienced in the United States in themid-1980s. Using city-level data on crack arrests and gun-related juvenilehomicide, we fit a change-point version of the Bass (1969) model ofinnovation diffusion. We find that, in most large American cities, thediffusion process for crack cocaine experienced an onset of dramatic growththat was followed by a similar, slightly slower growth in gun homicidescommitted by juveniles. We further use cluster analysis to find that thespatial patterning of the two processes is similar, starting on the East andWest Coasts and working their way toward other regions of the nation. Gunuse in homicide among slightly older offenders (ages 18–24) alsoexperienced a change at roughly the same time as the juveniles, but the rateof diffusion was considerably milder than for the younger group; offendersages 25 or older generally show no growth in gun-related homicide whatsoever. In addition, there is no detectable surge in juvenile nongun homicide activity. Based on these findings, we conclude that the crack cocaine markets–gun availability linkage is highly plausible, and we suggest directions for future research in clarifying the dynamics of the late-1980s surge in juvenile homicide.     

农村公共产品供给失衡困境及路径探析——基于公共选择理论的视角

公共选择理论作为一种分析工具可以对政治主体的理性行为作出很好的诠释,进而有力解析了我国农村公共产品供给所面临的失衡困境。     

The corporate shaping of GM crops as a technology for the poor

The status of international agricultural research as a global public good (GPG) has been widely accepted since the Green Revolution of the 1960s and 1970s. While the term was not used at the time of its creation, the Consultative Group on International Agricultural Research (CGIAR) system that evolved at that time has been described as a ‘prime example of the promise, performance and perils of an international approach to providing GPGs’. Contemporary literature on international agricultural research as a GPG tends to support this view and focuses on how to operationalize the concept. This paper adopts a different starting point and questions this conceptualization of the CGIAR and its outputs. It questions the appropriateness of such a ‘neutral’ concept to a system born of the imperatives of Cold War geopolitics, and shaped by a history of attempts to secure its relevance in a changing world. This paper draws on a multi-sited, ethnographic study of a research effort highlighted by the CGIAR as an exemplar of GPG-oriented research. Behind the ubiquitous language of GPGs, ‘partnership’ and ‘consensus’, however, new forms of exclusion and restriction are emerging within everyday practice, reproducing North–South inequalities and undermining the ability of these programmes to respond to the needs of projected beneficiaries.     

勘合贸易与日本茶道的诞生

以日本茶道为代表的日本独特的审美意识是日本文化艺术的精髓所在。关于其历史形成过程的研究尚不多见，在日本国内的研究多重视与日本固有神学的联系。本文力图将日本茶道的形成过程放在中日交流的历史背景中去考察，探讨发生于15、16世纪的中日之间的勘合贸易及其东渡的唐物对日本人独特审美意识发生的影响。     

广西专业市场规划建设的经验及启示

大力发展专业市场对扩大内需,拉动消费,培育新的经济增长点,促进产业结构调整,完善城市功能等具有十分重要的意义。在对南宁、柳州、贵港、玉林四市专业市场规划建设进行充分调研的基础上,文章总结出了专业市场规划建设的一整套行之有效的经验,为新兴城市加快专业市场的规划建设提供了若干可供咨鉴的启示。