中国经济法学总论30年研究:关键词视角

经济法是现代法,极少有现代化与传统冲突的痛苦,其开放性和对新观念、新理论的强劲吸纳能力,便于从现代化的理论和实践中获得支撑。中国经济法学总论30年研究表明,在我国传统、现代与后现代的共时性存在的具体语境下,经济法总论重在探究市场与政府、经济与法律、私法与公法这三对关键词。经济法既是“有关经济的法”,又是“经济法”。认真对待经济法,就必须克服“中国式”市场与政府、经济与法律、国家与社会、科技与财政等种种挑战,介于经济私法与经济公法、经济学与经济政策、经济行政与经济行政政策、传统与现代等横切面之间进行研究。经济法应主要作为法律科学而不是法律部门,经济法理论应由“小经济法”转向“大经济法”。这种“否定之否定”的角色转型,有助于解决“中国经济法学向何处去”的问题,真正面向中国社会的真问题,与西方经济法学前沿理论开展有建设性的对话。     

非物质文化遗产著作权保护模式探析

著作权保护是非物质文化遗产知识产权保护中的一个重要保护模式,但是,由于我国的传统文化具有多样性和复杂性的特点,相关的法律法规并没有出台。民族、社区、部落等团体型权利主体和国家可以授权一个机构来对外行使非物质文化遗产的权利;能够取得著作权保护的民间文学艺术作品仅给予人身权的保护是远远不够的,对于其财产权的保护也是非常必要的。     

(Re)Claiming Our Expertise: Parsing Large Text Corpora With Manually Validated and Organic Dictionaries

Content analysis of large-scale textual data sets poses myriad problems, particularly when researchers seek to analyze content that is both theoretically derived and context dependent. In this piece, we detail the approach we developed to tackle the analysis of the context-dependent content of political incivility. After describing our manually validated organic dictionaries approach, we compare the method to others we could have used and then replicate the method in a different—but still context-dependent—project examining political issue content on social media. We conclude by summarizing the strengths and weaknesses of the approach and offering suggestions for future research that can refine and expand the method.     

The “national key” in Bosnia and Herzegovina: a historical perspective

The 1995 Dayton Peace Agreement in Bosnia and Herzegovina instituted ethnic quotas between Bosniaks, Serbs, and Croats: the three “constituent peoples.” This institutionalization of ethnicity, criticized by some contemporary authors, is often seen as a creation of the peace agreement. Interestingly, several scholars deem such proportional representation a legacy from socialist times. But the existing literature lacks a historical perspective on the question of ethnic quotas. In addressing this issue, this paper reminds one of the existence of ethnic quotas, called the “national key,” during socialist times. A deeper analysis of the “national key” in the Socialist Republic of Bosnia and Herzegovina and of the ethnic quotas in the last two decades shows, interestingly, more differences than continuity. The article concludes that few similarities and more differences can be observed between the two periods, especially regarding the legal aspects of the “national key,” in ideological justification and in the conceptions based on parity or proportional representation.     

Can the hidden hand of the market be an effective and legitimate regulator? The case of animal welfare under a labeling for consumer choice policy approach

In Australia, labeling for consumer choice, rather than higher government regulation, has become an important strand of the policy approach to addressing food animal welfare. This paper illustrates the usefulness of “regulatory network analysis” to uncover the potentials and limitations of market‐based governance to address contentious yet significant issues like animal welfare. We analyzed the content of newspaper articles from major Australian newspapers and official policy documents between 1990 and 2014 to show how the regulatory network influenced the framing of the regulatory problem, and the capacity and legitimacy of different regulatory actors at three “flashpoints” of decisionmaking about layer hen welfare in egg production. We suggest that the government policy of offering consumers the choice to buy cage free in the market allowed large‐scale industry to continue the egg laying business as usual with incremental innovation and adjustment. These incremental improvements only apply to the 20 percent or so of hens producing “free‐range” eggs. We conclude with a discussion of when and how labeling for consumer choice might create markets and public discourses that make possible more effective and legitimate regulation of issues such as layer hen welfare.     

Priming Issues,Party Visibility,and Party Evaluations: The Impact on Vote Switching

Voter volatility has become a hallmark of Western democracies in the past three decades. At the same time short-term factors—such as the media’s coverage of issues, parties, and candidates during an election campaign—have become more important for voters’ decisions. While previous research did look at how campaign news in general affects electoral volatility in general, it has omitted to explicitly test the mechanisms underlying these effects. Building on theories of agenda setting, (affective) priming, and issue ownership, the current study aims to explain why certain news aspects lead voters to switch their vote choice. We theorize it is the visibility of a party, the evaluation of a party, and the attention for issues owned by a party that primes voters to switch to a certain party. We use national panel survey data (N = 765) and link this to an extensive content analysis of campaign news on television and in newspapers in the run up to the 2012 Dutch national elections. The results show that issue news leads to vote change in the direction of the party that owns the issue. Even stronger is the effect of party visibility on vote switching. Our results, however, find the strongest support for the effect of party evaluations on vote change: More favorable news about a party increases switching to that party.     

When a Man Meets a Woman: Comparing the Use of Negativity of Male Candidates in Single- and Mixed-Gender Televised Debates

Much work has been done to analyze the consequences of the increasing representation of women in politics. Usually, this research compares male and female politicians from a female perspective. For instance, many studies in political communication investigate how and why female candidates show campaign styles similar to or different from their male colleagues. In contrast to this, few studies are interested in how men change their behavior when women enter the political arena. Some of these studies have demonstrated that men limit their negativity when confronted with female candidates. Unfortunately, these analyses focus predominantly on (a) the United States and (b) gender differences in campaign advertising. We seek to provide empirical evidence for non-U.S. campaigns from the most important single campaign events: televised debates. To do so, we analyze data covering all German televised debates broadcast since 1997 where male politicians participated in a two-candidate single- or mixed-gender debate. Our results indicate that the gender of the political opponent affects incivility but not the use of attacks in general. In mixed-gender debates there is less incivility. However, differences in the treatment of male and female opponents tend to decline over time. We conclude that female candidates transform campaign communication—not only because they communicate differently from men, but also because they influence male politicians’ political communication.     

Does the Political System Determine Media Visibility of Politicians? A Comparative Analysis of Political Functions in the News in Sixteen Countries

News coverage of politicians is very unequally distributed: a few powerful politicians receive the bulk of media attention, while the large majority hardly gets into the news. However, case studies show that news outlets in some countries give more attention to ordinary politicians compared to other democracies. This study examines and explains the variation in media visibility of politicians with different institutional functions across Western democracies. We employ a large-scale content analysis of television news, newspapers and online news in sixteen countries to analyze whether a political system logic determines the distribution of political functions appearing in the news. This logic suggests that journalists follow the political hierarchy of the country when covering politicians. We also check for an additional media logic that would push journalists to focus on a limited number of high-standing politicians. The results confirm that both logics matter, but that mainly the structural characteristics of the political system have an impact on the distribution of news coverage of politicians. In countries where political power is more equally distributed across politicians, a broader range of (elite) politicians makes it into the news. Our results suggest that the media logic is nested in the broader political context and in some cases even strengthens the logic of the political system.     

我国地方政府间公共服务协商提供的得与失——基于长三角地区的探索

由于生产要素的跨区域流动以及政府某些行为的外部效应,地方政府辖区间衍生了大量公共服务协作提供问题。这些问题依靠单个地方政府往往难以解决,必须寻求毗邻地区地方政府的集体协商与合作治理。地方政府间公共服务协商提供是指由各地方政府、部门或其他社会参与者构成的协商主体,围绕一定的合作议题,运用一定的协商手段,协商提供公共服务。长三角地区地方政府间公共服务合作走在全国前列,探索其协商提供公共服务所取得的经验,可为其他地区提供参考。     

高效液相色谱法测定科安乳膏中6-姜辣素含量

目的 采用高效液相色谱法建立科安乳膏中6-姜辣素含量的测定方法。方法 色谱柱为C18(250 mm×4.6 mm,5 μm),流动相为甲醇-水（70〖DK〗∶30),检测波长为280 nm,流速为1.0 mL/min,柱温为30 ℃,进样量为20 μL。结果 6-姜辣素浓度在1.02～20.4 μg/mL范围内与峰面积的线性关系良好(r＝0.999 9);平均加样回收率为98.83%,RSD为1.08%(n＝6)。结论 所建立的高效液相色谱法简便、准确、可靠,可用于科安乳膏的含量测定。