论我国民事诉讼主体结构的垄断性

我国民事诉讼中的垄断表现为法官对司法业务的垄断、诉讼当事人一方对诉讼或和解的过程及结果的垄断 ,以及律师对当事人诉讼代理服务的垄断。这些垄断行为在某种程度上极大影响着诉讼的正当性和效率性 ,必须从诉讼制度上加以纠正     

互联网平台涉用户数据不正当竞争的中国典型司法实践分析

涉用户数据在互联网平台间流动的正当性边界,已经成为当前中国司法领域的重要课题之一,并在司法实践中呈现出差异化的特征.在对中国关于数据的法律规定以及基于用户公开发布的内容数据、基于用户个人信息数据、基于用户数据加工而成的衍生数据这三类涉用户数据平台间不正当竞争典型案例分析的基础上,可以发现,针对在先平台受《反不正当竞争法》保护的权益范围边界,尚未有明确的司法规则定论,仍需结合个案因素进行利益平衡.具体应区分考虑数据公开或非公开的状态、数据原始或衍生的属性,且对在先平台合法权益的边界判定时需要综合考虑在先平台的投入程度与回报、在后平台使用数据的数量、在先平台被实质替代的程度等因素,从而在互联网数据合理流通与合理保护中实现平衡与双赢.     

Multi-level voting and party competition in vertically simultaneous elections: the case of Ukraine

Vertically simultaneous elections to state-wide and regional legislatures provide us with a naturally occurring experiment in which to examine regionalism and multi-level voting. We examine the 2006 vertically and horizontally simultaneous state-wide and regional elections in Ukraine to determine how the internal dynamics of regionalism within a state account for the dissimilarity of voting behavior across electoral levels. Drawing on the party competition literature, we demonstrate that variations in both supply (parties) and demand (voters) produce considerable dissimilarity between regional and state results, with lower levels of consolidation and greater fractionalization at the regional level. We show that political cleavages operate differently across levels, that regional distinctiveness rather than regional authority better predicts first order-ness in regional elections, and that voters display varying tolerance for polarization at the regional and state level.     

城市化进程中农村犯罪预防的博弈诠释

在推进城市化进程中,社会发展资源的有限和共享的矛盾,与犯罪现象的发展变化有着直接的内在联系,尤其在农村,物质文化需要同落后的社会生产力之间的矛盾日趋突出,甚至已经影响到社会的和谐及农村经济的发展。如何提高城市化进程中农村犯罪风险、犯罪成本,进而有效地遏制城市化进程中的农村犯罪,是解决城市化进程中农村犯罪的首要问题。     

Tax Challenges in the Global Economy

Globalization has increased significantly over the past two decades, provoking different political reactions. Increasing trade and financial openness as well as intense global economic competition have forced governments to intervene in order to deal with its different negative consequences such as budget deficits or growing unemployment. Over the last two decades, almost all OECD （Organization for Economic Co-operation and Development） countries have undertaken structural changes within their tax systems. However, two main problems appear. The first one concerns ＂tax competition＂ understood as improvements made by different countries in the field of investment climate especially in the field of economic freedom. The second one refers to the effective tax revenue resources that help maintain the welfare state properly. In the developed countries, this is certainly easier as richer societies afford to do it through their fiscal systems. The main aim of this paper is to examine the impact of globalization on tax policy--its nature and its transformations. The main conclusions are as follows： Globalization is an incredible opportunity for the private sector to take advantage of free movement of goods, services, capital, and people. At the same time, it is a great challenge for the public sector to maintain sound public finance. The analysis is based on statistical data and qualitative research methods.     

新发展格局下中国国际税制竞争力的提升路径

国际税收法律制度竞争是国际税收竞争的核心,一国的国际税收竞争力从根本上取决于其税制的竞争力。近年来,各国提升国际税制竞争力的主要举措包括从全球税制向有限属地税制转型、加强税收协定中消极所得预提税税率的法律协调以及对吸引外资的税收优惠制度进行调整。在全球竞争的大背景下,中国应当在总结国内外国际税制改革先进经验的基础上,对自身的国际税制进行系统性改革,即加快从全球税制向有限属地税制转型,完善税收协定中的消极所得条款,调整企业所得税优惠以应对支柱二规则带来的挑战。     

Beyond Hollowing Out: Straitjacketing the State

For two decades, the metaphor of ‘hollowing out’ dominated discussions about the changing role of the state in delivering public services. Today, this metaphor no longer captures important contemporary developments. European Union policy has expanded deeper and deeper into public service sectors, increasingly constraining government's capacities to deliver these services. I suggest a new metaphor to capture this: straitjacketing the state. People are straitjacketed when they are perceived to be at risk of damaging themselves through self‐harm. Straitjacketing the state occurs when a state signs up to a new set of supranational rules which purportedly will help avoid it damaging itself, by restricting room for localised inefficient practices. However, due to the strength of the straitjacket, governments become significantly restricted in choosing policies for domestic implementation according to their preferences.     

Citizenship and choice

Citizenship: Rights, Community and Participation. By David Prior, John Stewart and Kieron Walsh. Pitman Publishing, 1995. Pp.194. £20.

Markets, Service and Choice. By Kieron Walsh and John Stewart. Belgrave Paper No.12. Local Government Management Board, 1995. Pp.24.

Public Services and Market Mechanisms. By Kieron Walsh. Macmillan, 1995. Pp.284. £40 hb, £12.99 pb.     

World Championship in Negotiation? The Role of Competitions in Negotiation Pedagogy

The last decade has seen the emergence of several new negotiation competitions around the world. We think the two major drivers of this development are a general trend toward the increasing internationalization of higher education and a recognition of the specific benefits of competitions for negotiation pedagogy. These benefits include: the high level of student commitment generated by participation in a competition, which enhances the quality of negotiation; the opportunity that the competitions give students to experience authentic cultural diversity; and the networking opportunities for students and instructors that the competitions create. This article focuses on the role that negotiation competitions can play in negotiation pedagogy. We first present an overview of the currently most important international negotiation competitions. This is followed by an outline of the specific benefits of negotiation competitions for pedagogy. We then take a closer look at the organization and outcome of negotiation competitions and discuss the opportunities for their development and growth.