发展公有制经济改革和完善国有资产管理体制

公有制是社会主义经济制度的基础,是实现最广大人民根本利益和共同富裕的重要保证.要确保国有经济控制国民经济命脉并对经济发展起主导作用,应从总体上提高国有经济的活力和控制力、竞争力,加强对国有资产的管理,改革完善国有资产管理体制.     

Does local ownership enhance legitimacy and democratic governance in peacebuilding? The case of diasporas

ABSTRACT

In contemporary peacebuilding debates, it is argued that local ownership renders peacebuilding more sustainable, democratic and legitimate. However, these claims have not been seriously interrogated as to their empirical validity. Such evaluations must begin by answering the question, ‘Who is local?’ Different local actors have varying resources, capacities and levels of authority and autonomy. Taking the relatively unexplored case of diasporas, this paper illustrates the absence of a straightforward relationship between ownership and its normative benefits. By assessing the significance of resources like local/ethnic bonds, financial and social remittances, this paper argues that diasporas can undermine the legitimacy of peacebuilding. Furthermore, although diasporas can enhance the prospects for democratic governance, the causal mechanisms can be corrupted.     

Lawnscape: semiotics of space,spectacle, and ownership

While seemingly straightforward, the boundaries of ownership can be confusing. Take the front lawn, for instance. Some local ordinances prohibit such things as parking on one's front lawn or displaying celebratory storks, “For Sale” signs, or political displays out of concern for the neighbours. However, what happens when the front lawn is taken over by an unstoppable lava flow? On the Big Island of Hawai'i, countless front lawns are now vast expanses of hardened black lava. These lawns exist now under changed jurisdiction as legal spaces. No longer are these lava-ed lawns now simply purely private property as state authorities now control the area. On front lawns with or without lava, the notion of ownership is confused by two competing rights: the rights of those who inhabit the property versus the rights of those who view the property. Here, the context of rights expands traditional claims and lines of ownership according to the activity of spectaclizing. This paper will examine the tension of ownership and pursuant competing rights that challenge the construction of traditional boundaries and their enforcement within the framework of the semiotics of space. In this paper, the semiotics of space found in front lawns challenges the standard faculties of law to remedy conflicting rights.     

Comment on James H. Carr and Michelle Mulcahy's “Twenty years of housing policy: what's new,what's changed,what's ahead?”

Housing policy in the post Great Recession (GR) era faces tremendous uncertainties, but clearly there will be more sensitivity around risk, quality, and transparency in capital markets. The post-GR domestic policy environment and economy are likely to impose several overarching constraints, including less access to world capital markets for financing housing, more restrictive assessments of risk, and increasing restraints on federal domestic spending particularly for non-entitlement programs. Carr and Mulcahy provide a substantial agenda of liberal-progressive policies that focus on the predatory and risky practices of loan originators and promote expansion of home ownership for low-income households. If we are indeed on the brink of an era of austerity, the housing policy debate will need to focus on priorities for contraction rather than expansion in housing programs, and on tenure-neutral policies rather than promoting home ownership.     

所有权制度的历史分析

从历史的角度看,没有哪一项法律制度像所有权这样承载着极为厚重的人文价值。人类社会从蒙昧时期、文明时期发展到近现代社会时期,所有权制度经历了从原始的财产支配到个人人性乃至社会整体的精神解放、从等级身份制条件下的公然不平等到形式主义的人人平等、从近现代的绝对所有权到现代社会兼顾实质平等的所有权这些重大的法律价值嬗变。所有权制度的有效性,是法律体系的核心目标,而有效的所有权制度,只有从认真对待民众的自然权利的角度入手才能够真正予以理解。在我国,解放民众所有权上的制度和思想桎梏、建立科学的公共财产所有权制度,应当成为我国进一步发展所有权制度的社会共识。     

AID EFFECTIVENESS AND THE PARIS DECLARATION: A MISMATCH BETWEEN OWNERSHIP AND RESULTS‐BASED MANAGEMENT?

Although recent years have witnessed substantial changes in the global aid architecture, less effort has been devoted to investigating the process of implementing those changes. By using the Swedish International Development Cooperation Agency (Sida) as an illustrative and critical case, this article shows how a donor development priority—gender—travels from Stockholm and headquarters to a Paris Declaration‐infused aid practice in three cases with different aid modalities: Tanzania, Zanzibar, and Cambodia. More specifically, the qualitative empirical investigation conducted here shows that the implementation of the new aid architecture puts severe and competing demands on development practitioners. At the core of this tension is the fact that although all donors are supposed to promote partner country ownership, harmonize their efforts with other donors, and align themselves with partner country priorities, results‐based management simultaneously implies not only a focus on continuously measuring and reporting results but also stricter prioritizations on behalf of donor governments. Copyright © 2013 John Wiley & Sons, Ltd.     

Going green: Explaining issue competition on the environment

This study addresses the dynamics of the issue space in multiparty systems by examining to what extent, and under what conditions, parties respond to the issue ownership of other parties on the green issue. To understand why some issues become part and parcel of the political agenda in multiparty systems, it is crucial not only to examine the strategies of issue entrepreneurs, but also the responses of other parties. It is argued that the extent to which other parties respond to, rather than ignore, the issue mobilisation of green parties depends on two factors: how much of an electoral threat the green party poses to a specific party; and the extent to which the political and economic context makes the green issue a potential vote winner. To analyse the evolution of the green issue, a time‐series cross‐section analysis is conducted using data from the Comparative Manifestos Project for 19 West European countries from 1980–2010. The findings have important implications for understanding issue evolution in multiparty systems and how and why the dynamics of party competition on the green issue vary across time and space.     

Estimating relative prevalence of competing issue voting rules in multiparty elections using finite mixture modeling

How do citizens of democratic polities translate their policy preferences into voting choices? Proximity and directional theories of issue voting offer different answers to this question that have strong implications for parties’ strategies. Controlled scenarios in imaginary two-candidate contests have gained popularity as a method to estimate proportions of proximity and directional voters in the population. However, this method is not always applicable in comparative research where scholars often have to study multiparty elections with observational data. In the present paper, I demonstrate how relative prevalence of different issue voting rules can be estimated using finite mixture modeling. Using both a paradigmatic and a recent case, I demonstrate that the mixture model predicts observed voting choices better than the alternatives. I also show how finite mixture modeling can be used to study individual-level characteristics of proximity and directional voters using education as an example.     

占有改定与善意取得 兼论民法规范漏洞的填补

占有改定和善意取得的关系,考验着法律人的抽象思维能力和具体情形中符合事理的判断力,需要运用成文法解释模式进行法律论证。在物权法的意义脉络中,立法文本所表述的交付概念从未涵括占有改定。作为法律拟制产物的占有改定,其物权变动效果不等同于现实交付,与善意取得之间具有不相容性。占有改定的物权合意只能在传来取得的情形中产生效力,在善意取得的情形中则不生效力。为填补规范漏洞,物权法第106条所言交付应作目的论限缩解释,以免法律激励出坏的交易风险,有悖于此条款追求交易安全的价值取向。