法院调解的“复兴”与未来

进入二十一世纪以来,法院调解制度重新获得重视,有再度兴盛之势。法院调解制度是适应国家治理社会需要的产物。国家社会治理战略的调整必然影响法院调解制度的发展。转型时期社会自我解纷能力低下和社会纠纷的特殊性,决定了法院调解制度将继续发挥社会整合与治理功能。而对法院调解的实证分析表明,该制度的"审判权本位"是影响其功能发挥的重要因素。提高法院调解的制度化程度,构建诉权对审判权的制约机制,是法院调解发展的未来走向。     

绿色化妆品产业亟待法律规范

本文在分析绿色化妆品含义的基础上,对我国绿色化妆品行业的生产、使用、经营、销售、消费等环节中存在的问题进行了论述,针对目前我国绿色化妆品行业及其产业管制法律滞后,法规缺乏或不健全的现状,提出必须对我国绿色化妆品及其产业的发展作出明确的法律规定,使所有的绿色化妆品有同样适用的标准、规范,以使其得到健康发展。     

Class forces,transition and the Arab uprisings: a comparison of Tunisia,Egypt and Syria

This article intervenes into an ongoing debate on authoritarian regimes in the Arab world following the uprisings of 2011, in particular addressing the perceived failure of those uprisings to bring about “transition” to liberal democratic models. Drawing upon the method of comparative historical sociology used in seminal analyses of democratization and dictatorship in Europe, Asia and the Americas, the article seeks to explain the varying trajectories of the Arab Uprising states in terms of several structural factors, namely the balance of class forces, the relative autonomy of the state and the geo-political context. The article provides an empirical comparison of the cases of Egypt, Tunisia and Syria as points on a continuum of outcomes following the Arab uprising. The article mounts a critique of the absence of class analysis in mainstream transition theory and hypothesises instead an important role for workers’ movements in bringing about even basic elements of liberal democracy. The empirical comparison is shown to support this hypothesis, demonstrating that in Tunisia, the state where the worker's movement was strongest a constitutional settlement has been reached while Syria, the state with the weakest and least independent workers’ movement has descended into counter-revolution and civil war: the case of Egypt lying between these two poles.     

Cohabitation in Europe: a revenge of history?

Unmarried cohabitation is often seen as a radically ‘new’ phenomenon, originating in the 1960s, but in fact it has long historical antecedents. The question is, however, whether traditional and modern cohabitation are comparable and whether we can speak of persistence. This article offers a literature review on cohabitation in Europe, with the focus on persistence over time, integrating the results of a 2013 conference on this topic. What sources are available to confirm or reject such persistence? How should we understand persistence? In terms of the motivations of unmarried cohabitants? Or in terms of the acceptance of the community at large? And if no real persistence is found, does this mean that European cohabitation since the 1970s truly represents ‘new’ behaviour? We show that, on the regional level, the legacy of the past is still visible in factors affecting the timing and frequency of marriage of cohabiting couples. These factors are a mixture of regional socio-economic constraints, the relative cultural importance attached to marriage, the religious history, and the level of secularization.     

公共服务行业不正之风的表现形式及治理对策

行业不正之风具有很强的传染性、腐蚀性,如果对个别的、偶发的不良行为不及时制止和纠正,会导致不良现象的传播和蔓延,从而形成不正之风的恶性循环。文章首先指出公共服务行业不正之风的严重性和危害性,然后分析不正之风的主要表现形式和产生的原因,最后,通过实地调查,提出治理不正之风的对策,以期对治理公共服务行业不正之风提供参考。     

Financial industry mobilisation and securities markets regulation in Europe

The 2007–2009 financial crisis has led to considerable debate about the role of financial industry actors in global regulatory processes. This article seeks to contribute to this debate by assessing when and why financial industry actors mobilise in order to influence securities markets regulations. Do these mobilisation patterns suggest undue influence by a small set of powerful industry actors, or do they reflect the engagement of a more diverse set of actors representing broader public interests? It is argued that variation in mobilisation patterns is a function of: (1) institutional opportunity (the openness and accessibility of regulatory politics); and (2) demonstration effects (how crises increase the salience of regulatory issues). Empirical analyses suggest that the financial crisis diminished the diversity of mobilising actors. This trend, however, is reversed when the news media disseminate information about the costs of weak financial regulation and thereby increase the salience of regulatory issues.     

Cultural Policy and Governance: Reviewing Policies Related to Cultural and Creative Industries Implemented by the Central Government of Taiwan Between 2002 and 2012

Cultural and creative industries have exhibited rapid changes in recent years, and public sectors worldwide have expanded interest in policies related to these industries as a means of promoting culture, innovation, and economic vitality. This article argues that the cultural values promoted by and economic significance of cultural and creative sectors are essential to the formation of policy and to the development of new industries. This article offers insight into cultural policy that has governed regional and local development, and addresses academic debates about policy related to cultural and creative industries based on several cultural, economic, and geographical factors. In addition, this article presents the results of analyzing various theories and case studies, based on how the Central Government of Taiwan (CGT) has adopted policies to promote cultural and creative industries. The research results link areas of cultural and economic development with policies enacted by the CGT. Ideas concerning the cultural ministry, industrial development, civic boosterism, subsidies, regional development, creative clusters, tourists and tourism businesses, and export markets are areas of emphasis in this study.     

University–Industry Linkage Framework to Identify Opportunity Areas

Although there are many studies of the collaboration between academia and industry in developed countries explaining the phenomenon and prescribing best practices, the findings cannot be extrapolated to developing countries. This article fills the gap by studying these interactions for the case of Mexico. To study these interactions, we performed a state‐of‐the‐art matrix analysis to obtain internal, structural, and environmental factors from literature. Then, an interpretative structural framework was built as a model to identify opportunities in the collaboration process. The results are presented in a map that describes how each element influences the others and highlights opportunities for improvement. The model shows that industry triggers collaboration and presents a highly complex internal organization for the academy. This study helps decision makers in government, the academy, and industry to understand the elements and how the system works to develop strategies that promote more effective collaboration.     

面向东盟的广西农机综合产业发展的政策创新与制度安排——《面向东盟的广西农机综合产业发展研究》系列论文之三

理论和实践研究表明,面向东盟的广西农机综合产业发展具有广阔的前景,但受到许多因素的制约,面临诸多的挑战。因此,应对挑战,加快和促进面向东盟的广西农机综合产业的发展,需要寻求政策创新和制度安排。具体来说包括:加大财政金融政策支持力度;树立农机综合产业发展的生态理念;加强知识产权保护;创新人才政策;建立健全金融服务体系和法律体系;建立健全农机保险制度等。     

政治转型中的制度因素：泰国选举制度改革研究

本文认为，泰国政局持续动荡的重要原因，在于各派政治利益集团在重新划定权力边界的政治转型过程中始终未能在政治制度层面达成显规则与潜规则的相互契合。尽管各方对改变“小党林立”格局存在共识，但“反他信”阵营的既得利益集团偏好“两党对峙”格局，而“挺他信”阵营的新兴利益集团倾向“一党优势”格局。由于两派都存在对“实际控制力一潜规则权力边界”的错位误判，使得各方难以通过选举制度的显规则调整来重新划定彼此间的权力边界，从而导致持续的政治冲突与角力。