物权效力及其类型的另路分析——兼谈与效力类型相连的物权效力量

结合物权运行状态和情势进行梳理,物权有基础性实行效力、衍生性保全效力与转化性救济效力。实行效力契合物权本旨,表现静态归属和物权人得通过一定实行行为使物满足需求的动态过程。保全效力主要指物权请求权,属衍生性请求权,其独立性要求或重新认识侵权行为法的债法地位,或将其中物权请求权效力的内容还原归位到物权法。救济效力是物权的最终效力,也是损害赔偿之债或不当得利之债的效力,于此物权效力与债权效力合一。对物权效力作量的考察可帮助认识物权效力边界和作用范围。实行效力转化为救济效力时,不存在如债权获得救济时的“同一性”而是效力量受到了减损。可提出某些物权救济之债具有相较一般债权优先的办法来还原和保持物权效力量。     

Effectiveness of private finance initiatives (PFI): study of private financing for the provision of capital assets for schools

The study reported in this paper explores how effective Public Private Partnerships (PPP) have been as critical providers of capital assets within the state education sector in the UK. Specifically, the research investigates the impact on educational provision of the UK government's contentious £43 billion Private Finance Initiative (PFI). The inquiry focuses on 27 English Local Education Authorities (LEAs) currently or recently involved in PFI. The investigation examines the effect of PFI's on LEA decision‐making processes and discusses these authorities assessment of the UK government's current PFI strategy. An evaluation of PFI as a source of sustainable finance is reported as well as recommendations made for LEAs currently considering adoption of PFI. Through such analysis, this study seeks to de‐layer and ascertain the influence of complex external environmental influences and stakeholders that need to be taken into account in order to make PPPs work. The paper concludes by presenting the critical considerations for enhancing the working relationship between private and public sector partners. Copyright © 2007 John Wiley & Sons, Ltd.     

加强领导干部作风建设推动公安教育健康发展——关于公安院校领导干部作风建设的几点思考

公安院校作为培养公安事业接班人的摇篮,领导干部的作风如何,直接关系到人才培养质量和公安事业的兴衰成败。认真学习领会中纪委第七次会议精神,充分认识新的历史条件下加强领导干部作风建设的重大现实意义和深远历史意义,以思想作风和学风建设为前提,以工作作风和领导作风建设为核心,以生活作风建设为重要内容,从教育、监督、制度三个关键环节入手,建立健全领导干部作风建设的长效机制,全面加强和改进领导干部作风建设,引领公安教育事业持续协调健康发展,既是一个重大的理论课题,更是一项严肃的政治任务。     

西电东送的区域能源效应分析

西电东送有利于国家范围的资源优化配置,有利于开发西部。西电东送工程的成效,一方面取决于输入地内在的长期能源消费变动趋向,另一方面取决于其他能源,尤其是石油价格的未来变动走向,以及电力部门相应的定价策略。     

全球化及其对公共管理中领导资格的影响

全球化促进了公共管理的有效性和行政机构的国际化 ,同时对公共管理中的领导资格产生了影响。因此 ,领导者要不断学习新知识和新技能 ,接受新的挑战。领导模式应该灵活多变 ,领导者的培训也不应该千篇一律 ,领导者应该在行动中学习。     

Like-Sex Versus Opposite-Sex Effects in Transmission of Gender Role Ideology from Parents to Adolescents in Israel

The study examined whether transmission of gender role ideology is more prevalent among parents and children of the same sex (like-sex effect) than among parents and children of the opposite sex (opposite-sex effect). Gender role ideology was assessed on the basis of 2 factors: gender role stereotypes and occupational sex-typing. The research sample consisted of 134 fathers, 134 mothers, and 134 Israeli adolescents (equally divided among girls and boys). Moderate correlations (ranging from 0.22 to 0.58) were found between parents and children, which indicate a partial like-sex effect. Specifically, father–son correlations in gender-role attitudes were higher than father–daughter correlations. Regarding occupational sex-typing, the same pattern was found only for attitudes toward masculine occupations. As far as mothers were concerned, no like-sex effect was found for either aspect of gender role ideology. Mothers were found to have the most liberal gender role attitudes, while children expressed less liberal attitudes, and fathers expressed the most traditional attitudes. As far as occupational sex-typing is concerned, mothers expressed the most liberal attitudes, while no significant differences were found between fathers and children. All family members expressed more traditional attitudes toward in-home roles than toward outside roles, and maintained more stereotyped perceptions of masculine tasks than those of feminine tasks.     

特定产品过渡性保障机制的效应及我国的对策

特定产品过渡性保障机制使《保障措施协议》的非歧视原则成了单向约束我国的规则。它的另一些规定也以不对等方式增大了其他成员国对我国适用保障措施的机会。它是一种战略性遏制武器 ,使其他成员国有能力顷刻间化解我优势产业的大规模攻势。加快经济改革 ,加强谈判地位 ,应成为我国的中长期对策。用活配额 ,择用“例外” ,可作为主要的短期对策。     

Precedent Externality, Network Effect, and the Possible Inefficiency of the Evolution of Laws

Using the traditional scenario of tort conflict as an example, I argue that the marginal precautionary costs of injurers and victims are not constant, as was assumed by most previous researchers. The precedent of a liability rule has some natural externality on the precaution technology, and hence marginal cost, faced by future agents involved in torts. The adoption of legal rules therefore has a network effect, meaning that the present prevalent adoption of one rule increases the probability of its future adoption. Treating the dynamic evolution of legal rules as a random process, we are able to apply an established result in the literature of network economies to conclude the path-dependence, non-predictability, and potential inefficiency concerning the final legal rule to which the dynamics converge.     

Individual Dismissals in Europe and the United States: A Model on the Influence of the Legal Framework on Firing Costs

In this article, we present a model of individual dismissals based on the workers' right to file a suit against their employer arguing that the dismissal is unjustified or unfair. The model is a standard pre-trial bargaining game between a firm and a worker. We study two cases: when the law states the severance pay for unfair dismissal (the European case), and when judges can decide freely on the compensation to be paid to the worker (the American case). The model provides some guidelines for Labour Law reforms. In the European case, a decrease in the severance pay for unfair dismissals fixed by law will decrease the severance pay offered by the firm, and only under some assumptions will decrease the expected firing cost and will increase the settlement probability. In addition, the transition from the European to the American case is likely to increase the probability of settlement (and to decrease it in the opposite case) with ambiguous effects on agreed severance pay and expected firing costs.     

浅谈计算机实践教学

在《计算机应用基础》教学中,应对内容有所取舍,注重知识理解与上机实践同步,以提高实践教学的效益。