整合产生强势竞争力--广西县域工业快速发展模式探究

善于对资源要素进行合理整合才会产生强势竞争力.考察广西近年一些县份经济的快速发展,不难发现有以下几种成功模式一是依托大企业产品向两头延伸拓展形成的整合竞争力模式;二是专业化生产配套产品形成的整合竞争力模式三是产品集群生产形成的整合竞争力模式;四是特色产业大基地种植+集群深加工的整合竞争力模式.     

Breaking up a partnership to build a competitive market in Denmark’s ambulance service: how can studies of contract reversals learn from the sociology of markets?

ABSTRACT

paper analyses a case of contract reversal in the market for ambulance services. The paper suggests that the sociology of markets-literature provides insights into market institutions of importance to relations between government and contractors that will benefit contracting out theory. Building on document analysis and interviews with 19 key stakeholders, it is demonstrated how a regional government in Denmark tried to wrestle the service provision from a long-time private provider and create a competitive market, only to discover that the implementation of the new contract was beset by obstacles largely stemming from informal norms in the market and attempts of the existing provider to hamper market entry for challenger firms. The result was a contract reversal: from private provision to government-provided service delivery. The paper contributes to the contracting out literature by providing a more elaborate understanding of the institutional conditions under which contract reversals can take place.     

论GATT1994第3条国民待遇原则中“同类产品”的认定——以日本酒税案、智利酒税案、韩国酒税案、欧共体石棉案为视角

同类产品的认定是正确实施国民待遇原则的前提。GATT边境税调整工作组报告提出了确定同类性的个案标准和四个具体因素,日本酒税案提出了手风琴理论。WTO争端解决机构通过若干判例表明,第3条第2款第1句的同类产品应从严解释,第2句的直接竞争或替代产品包括同类产品,第4款的同类产品应从宽解释。由此,同类产品的认定没有统一标准,WTO争端解决机构享有相当的自由裁量权,国民待遇原则正确适用的争议解决具有一定的不确定性。     

附赠商品民事责任研究

附赠商品是市场竞争的产物,我们应当界定附赠商品的含义和范围;明确附赠商品致人损害民事责任的性质,解决违约责任、侵权责任、违约责任与侵权责任的竞合等法律问题;对附赠商品所造成的人身损害、财产损害和惩罚性损害赔偿等,都应当确定赔偿的范围;正确分担附赠商品致人损害的举证责任.从而厘清附赠商品的法律关系,更好地维护当事人的合法权益.     

民商事仲裁协议是否可撤销

民商事仲裁协议是民商事协议(合同)争议仲裁解决的协议。其适用民事行为的生效要件、无效制度等一般规定无争议。但其是否能适用可撤销制度有争议。笔者认为《仲裁法》没有规定可撤销制度既有比较法上的根据,也有现行法上的依据,同时对最高人民法院《关于适用〈中华人民共和国仲裁法〉若干问题的解释》第18条规定提出了质疑。     

Insurers, Claims and the Boundaries of Good Faith

This article examines the refusal of the English courts to award damages for consequential losses following unreasonable delay on the part of insurers in settling a claim. This has the potential to give rise to dire consequences for insureds. These difficulties have been addressed in North American jurisdictions where the concept of good faith has been developed and applied as a means of both compensating insureds and regulating the conduct of insurers. However, a hallmark of English law is that it fails to draw a bright line between the law of contract and the law of contracts. As a result, the policy issues that should inform insurance contracts are excluded by virtue of the notion, imported from the law of contract, that the contractual relationship is a matter of private law and is not, therefore, a means for public regulation of insurers.     

论融资租赁合同中承租人的索赔权

融资租赁合同中承租人对出卖人享有索赔权,其理论依据是债权让与说:依据契约条款,租赁公司将自己对于供应商的买卖契约上的请求权转让给承租人。承租人行使索赔权须具备三个条件:出卖人不履行买卖合同义务;出租人、出卖人、承租人三方约定承租人对出卖人有索赔权;该约定须符合法律规定。     

对集体合同形式化的反思

我国目前劳动关系的现状非常严峻,已经对我国市场经济发展的正确方向构成了严重挑战。而在市场经济条件下调整劳动关系的最有效手段就是建立集体协商和集体合同制度。但在我国集体合同制度推进的过程中,集体合同形式化问题也凸现出来,严重影响了这一制度的健康发展。因此,加快工会体制改革,推进立法,建立多层次的集体协商结构,将是今后完善集体合同制度,避免形式化倾向的必然选择。     

Turkey’s Judiciary and the Drift Toward Competitive Authoritarianism

Turkey has always been considered an “illiberal democracy”, or in Freedom House’s terms, a “partly-free” country. In recent years, however, there has been a downward trend toward “competitive authoritarianism”. Such regimes are competitive in that opposition parties use democratic institutions to contest seriously for power, but they are not democratic because the playing field is heavily skewed in favour of incumbents. One of the methods employed by competitive authoritarian leaders is the use of informal mechanisms of repression. This, in turn, requires a dependent and cooperative judiciary. Thus, in Turkey the year 2014 can be described as a period when the governing AKP (Justice and Development Party) made a sustained and systematic effort to establish its control over the judiciary by means of a series of laws of dubious constitutionality.     

Recrafting the national imaginary and the new “vanguardism”

An opportunity exists to assess the limitations in building long-term peace in post-conflict states, particularly given the extent to which negotiated settlements incorporate demands for democratic mechanisms. By assessing how post-conflict governments construct new majorities through policy tools as well as assessing how they are constrained by the structural realities of negotiated settlements, we gain some purchase on the reasons why some post-conflict state projects succeed while others fail. This has potentially transformative implications for our understanding of how social contracts, and their attendant issues of consent, dissent, and legitimacy, operate in the modern world and the ways they impact such critical discussions as democratic transition, post-conflict reconciliation, and nation-building. We use the case of post-apartheid South Africa to analyse how post-conflict states are limited in terms of forging social contracts among citizens and between citizens and governments. Of specific interest is the way that post-conflict social contracting compels nation-builders to eschew the uncertainties of viable electoral democracy in favour of dominant party regimes or electoral authoritarianism. We suggest that this tension is less a result of pecuniary interest on the part of nation-builders and more a consequence of the imperfections of the modern social contracting process.