Analysis of Policy of Investment in Science and Technology Based on CGE Model

Investment in science and technology is not only a significant indicator to reflect a regional scientific and technological strength and core competitiveness, but also important to technical progress and technology innovation. Investment in science and technology will affect the entire economy through technology innovation. In this paper, it analyzes the impact of Beijing investment in science and technology on regional economic development and builds a Beijing regional CGE （Computable General Equilibrium） model with an econometric module that links the investment in science and technology with technological progress. It finds that investment in science and technology will increase the Beijing GDP （Gross Domestic Product）, and promote economic structural adjustment. When the real investment in science and technology increases 1%, 2%, or 3%, Beijing GDP will respectively increase 0.93%, 1.22%, or 1.51%. From the perspective of resident＇s income, when investment in science and technology increase by 3%, the level of resident＇s income will increase by 3.24%. In view of the structure perspective of different sector＇s investment in science and technology, different investment in sectors will lead to different impact of economic growth and structure; results show that： when the priority of Beijing investment of different sector in science and technology is tertiary sectors, agricultural sector, and industry sectors, it is conducive to economic growth and industry structure adjustment.     

民法典视野下的民法总则与继承法立法问题探讨——第十一届海峡两岸民法典论坛综述

2013年6月23、24日在黑龙江省牡丹江市召开的“第十一届海峡两岸民法典论坛”研究了民法典视野下的民法总则与继承法立法问题。论坛分别针对“民法典视野下的民法总则立法问题探讨”,“比较法视野下的民法典立法问题探讨”,“民事主体制度的修改与完善探讨”,“民法基本原则的适用及具体制度的立法完善”,“民法典制定中的疑难问题探讨”,“《继承法》的修正与继承法的现代化”进行了详尽的探讨。论坛的举办为我国正在进行的《继承法》修正工作提供了理论参考和经验借鉴,同时对于我国未来民法典总则编的制定给予了宏观和微观的参考。     

Balancing domestic regulation and trade liberalisation under the GATS: universal access issues in South Africa's telecoms sector

The service sector increasingly has become the cornerstone of a great number of economies in both the developed and developing world. The main barrier to trade in services is the imposition of domestic regulations which are aimed at ensuring the affordability, availability and efficiency of services. Such domestic regulations are important for services and the General Agreement on Trade in Services (GATS) consequently recognises the right of countries to regulate in order to achieve these goals. The GATS, however, also seeks to discipline such regulations to ensure that they do not hinder trade in services. This article seeks to assess these seemingly competing interests in the context of South Africa's history and its burgeoning telecommunications sector.     

Participation of African member states in the World Trade Organisation (WTO) multilateral trading system

Abstract

The core purpose and goals of the World Trade Organisation (WTO) are to enhance growth by allowing each country to trade freely according to its comparative advantage. The other stated main objectives of the WTO are: raising standards of living; providing full employment; reduction of tariffs and non‐tariff barriers; and the elimination of discriminatory treatment. According to the current orthodox economic view, trade openness is essential for growth: countries that liberalise their imports and orientate production towards exports are assumed to have faster growth than those that do not, and the faster the rate of opening, the greater will the prospect be for development. The emphasis on trade liberalisation and export orientation in the past ten years following the adoption of the Uruguay Round has led to phenomenal growth in world merchandise trade, which has grown consistently faster than output. The orthodox view approach is today expanded and modified with the view that liberalisation measures are not sufficient by themselves and should be accompanied by other factors such as sound macroeconomic policies, good governance and a modern infrastructure. Africa's dependence on primary commodities as a source of export earnings has meant that it is vulnerable to weather conditions, market vagaries, and price volatility, arising mainly from supply shock and the secular decline in real commodity prices. The attendant terms of trade losses have exacted heavy costs in terms of incomes, indebtedness, investment, poverty and development. Therefore, the basic approach that liberalisation has a direct link to economic growth and should be undertaken as fast as possible is being questioned and has been challenged by empirical studies in recent years. The relevant studies have shown that there is a lack of relationship between the degree of trade liberalisation and the rate of growth. The emerging paradigm accepts that there are possible costs, as well as potential benefits of trade liberalisation to a particular developing country, depending on the conditions in that country, and the type of liberalisation undertaken. The other impediments and weaknesses identified as affecting effective, efficient and economical participation of African members in the WTO include rapid liberalisation as potential source of fiscal instability; general absence of peace, security and democracy; globalisation and lack of competitive ability; supply‐side constraints; high export concentration ratio; problems of implementation; exclusion and/or marginalisation from knowledge‐based economy; and lack of capacity. The Doha Development Round was initiated to attend to, and address, these problems, and it is still too early to predict the outcome. African countries need to look for African solutions to their socio‐economic and political problems, adopting transdisciplinary approaches in the context of the African Renaissance paradigm.     

Don't Count Your Chickens before They're Hatched: The 2013 Italian Parliamentary and Presidential Elections

The 2013 parliamentary and presidential contests were both outstanding elections, even by Italian standards. In the former case, this was because of very high volatility and the breakthrough of the 5-Star Movement (M5S), which resulted in a hung parliament and a stalemate in the formation of a new government. In the latter, for the first time in Italian history, the incumbent President of the Republic was re-elected for a second seven-year term of office. The result of these two events was Italy's first grand coalition government, led by Enrico Letta and supported by President Napolitano. While the significance of these elections is better assessed in combination with new government's capacity to achieve economic growth and restore confidence in Italian politics, the Italian party system still remains in a state of flux.     

GATT1994第20条的权利性质分析——对WTO上诉机构相关裁决的思考

GATT第20条"一般例外"条款的核心是,豁免成员方为保护人类生命健康以及保护可用竭资源等目的而采取违反WTO规则或其所作承诺的贸易限制措施,在WTO体制尚无具体环境规则的情形下,该条款是WTO成员方可资援引以实现环境保护目的的重要协定条款。但根据WTO上诉机构的裁决,在出口税方面,中国政府却无权引用"一般例外"条款,这在WTO成员中绝无仅有,其后果十分严重。在现代国际法中,GATT第20条保护的人权、动植物的生命健康权以及可持续发展权均是主权国家应享有的固有权利,是国际法赋予国家的固有权利,同时也是主权国家必须履行的国际法义务,绝不可因WTO成员方明示或暗示、直接或间接、单方或协议的方式而被放弃。WTO上诉机构认定,中国因《加入议定书》第11.3条未明确规定引入GATT1994或"一般例外"就丧失了援引"一般例外"条款的豁免权利,这样的结论与国际法的理论和最新实践可谓背道而驰。     

‘Modernising’ data protection Convention 108: A safe basis for a global privacy treaty?

Proposals for the reform or ‘modernisation’ of Council of Europe Data Protection Convention 108 have now been forwarded from the Convention's Consultative Committee for consideration by the Council of Ministers. This article assesses the changes proposed, which strengthen the obligations of Parties to implement the Convention as a matter of effective practice, not just as a law on paper. It tightens most of the existing data protection principles, and adds new ones which better align the Convention with the EU Directive (and proposed Regulation). The Convention Committee will have explicit new functions including assessing candidates for accession, and periodically reviewing implementation by existing parties. However, the proposals concerning the required standard for data export limitations are in some respects ill-defined and dangerous for data subjects. The existing standard that personal data can only be exported if the recipient provides ‘adequate’ protection has been abandoned for an undefined requirement of ‘appropriate’ protection. The article situates the risk of abandoning meaningful data export restrictions in the context of the USA's push for ‘interoperability’ of very different data protection standards.     

我国全科医生制度法制化初论

执业医师制度改革是我国医疗卫生体制改革的重要组成部分。如何对执业医师进行科学划分并配置符合其特点的制度安排,将对我国目前正在积极探索的执业医师的签约首诊制度、转诊分级医疗制度和多点执业制度产生积极影响。美、英、德等国的全科医生制度各具特色,其中符合市场经济发展规律的规则值得我国效仿。我国全科医生制度主要依靠国家政策推进,上海和深圳全科医生试点也暴露出一些问题。全科医生制度＂政策推进型＂模式应当逐渐被＂法制推进型＂模式取代,完善《执业医师法》是我国全科医生制度法制化的理想选择。     

略论新刑事诉讼法逮捕条件之把握——从一起案件的受理争议谈起简

犯罪嫌疑人是否在案以及采取强制措施的情况,是修改后的《人民检察院刑事诉讼规则》第153条规定的案管部门受理案件应当审查的内容之一。对于审查起诉阶段违反取保候审规定的涉嫌危险驾驶罪的犯罪嫌疑人,再次归案后如何移送检察机关审查起诉,涉及到对该犯罪嫌疑人适用何种强制措施的问题。