法制现代化进程中的反思--民间法与国家法的作用辨析

在法制现代化进程中,民间法与国家法的矛盾较为突出,法制现代化西方化范式在中国法治化进程中出现很多矛盾,不利于法治秩序的建构与法律权威的树立,因此反思中国法制现代化建设中国家法与民间法的作用,十分必要.     

社会网络特性对被拆迁居民行为的影响分析

本文从社会网络特性出发,从成本和心理两个维度分析了搬迁家庭因居住空间的变化而对社会资源摄取的影响,借助社会网络理论和观点对城市房屋拆迁中搬迁家庭进行社会学分析,将有助于解决微观行动与宏观社会结构之间的理论鸿沟问题.本文认为,社会网络的改变和破坏将直接导致被拆迁家庭的成本支出增加,同时也会引起精神和心理的失落和压力.认为在制定和执行房屋拆迁政策时必须充分考虑搬迁家庭社会网络的特性,这样房屋拆迁政策才能得到认同和有效的执行.     

Explaining South Africa’s land reform policy failure through its instruments: the emergence of inclusive agricultural business models

ABSTRACT

This paper seeks to explain the emergence of South African inclusive agricultural business models in relation to the land reform policy. We demonstrate that in South Africa such policy instruments linking small-scale and large-scale farmers respond to endogenous dynamics linked to the failure of its land reform policy. We study the land reform policy change induced by its policy instruments. Indeed, introducing the market as the preferred means to implement land reform caused unanticipated side effects, creating constant pressure for change that such inadequate instrument exerted on the set policy objectives during the first phase of policy implementation. After cohabitating uneasily with rather antagonistic policy goals, policy instruments ultimately led to a change in policy objectives, shifting from supporting small-scale black subsistence agriculture to targeting a class of emerging farmers committed to commercial agriculture. Inclusive Business Model’s policy instruments were subsequently identified as the best fit to achieve the re-adjusted policy goal.     

Businesses and the Internet: Implications for Firm Location and Clustering

This article discusses the economic and geographical implications of the growing use of information and communications technologies (ICTs) in the production process. In short, ICTs make internal and external communications more efficient and allow faster and more flexible interaction among different agents. These improvements correlate with changes in the internal organization of the business and in its strategic behavior. Those changes have implications for regional economic development.The four sections of the article include a typology of information and communications technologies and a discussion of how they diffuse; an elaboration of the concept of economic clusters and economic space in the context of ICTs; and a review of the methodological issues surrounding the development of virtual (rather than physical) clusters of economic activity.The article's, major insights include the following. Information-based, younger, and smaller businesses, and the service sector, benefit most from the Internet. Many of those businesses are integrated in networks and economic clusters; historically, they are often located in close spatial proximity to each other and/or to their customers. At the same time, a new type of virtual agglomeration is created for some type of activities through Internet interaction, which does not require physical proximity. The article stresses the need for a new paradigm to think about the relationship of business and space.     

佛教与白族龙文化

白族自古就有拜龙习俗.佛教传入后,白族龙文化逐渐分裂为龙神崇拜和龙本主崇拜.佛教龙文化也因其与白族固有龙文化的核心意识原始水神观念相契合,开始为白族人民喜爱,并逐渐以不同方式、规律和特点对龙神和龙本主崇拜产生影响,从而使白族龙文化体系更趋完善.     

Varieties of hierarchical capitalism: family and state market economies in East Asia

Through an examination of East Asian economies, this paper proposes two new capitalist ideal types: family market economies and state market economies. In contrast to coordinated and liberal market economy types, the new capitalist ideal types proposed here display alternative forms of hierarchical coordination. These ideal types are also genuinely novel models of capitalism because they exhibit distinct and stable institutional structures and comparative advantages.     

欧盟商业方法专利保护的模式与启示

历史上各国都将商业方法视为智力活动的规则和方法,不予专利保护。随着信息网络和电子商务的发展,美国联邦巡回法院在State Street Bank案中彻底废除了"商业方法除外"原则,只要发明具有实用性即可授予专利。与美国不同,欧盟在承认商业方法专利性的同时,仍强调发明的技术性,只有具备"技术特征"、作出"技术贡献"的发明方授予专利。根据我国的专利传统和产业发展水平,一方面应借鉴欧盟坚持"技术特征"的资格要件,另一方面以发明整体"非显而易见性"作为创造性标准,同时还应完善商业方法专利授予程序,以堆护国家利益。     

中国西部农民工返乡创业的现状和对策

本文对西部地区近年来的农民返乡创业问题,从现状特点、实践效果、主要经验和存在问题等方面,进行了深入讨论,提出了要实施“西部农民工返乡创业工程”等许多实用性对策建议。     

Managing business political activities in the USA: bridging between theory and practice

The political arena in the USA is portrayed as a marketplace in which businesses and other groups compete to influence public policy decisions. Managers can view this political market as an opportunity to shape the rules of the game by which they operate but must realise that it is a very competitive arena. Drawing on concepts from business strategy advocacy activities like lobbying, making campaign contributions, and organising grassroots efforts are analysed in terms of opportunities for gaining competitive advantage. Results from case studies indicate that many businesses miss opportunities to build support among employees for political advocacy because few firms use bottom up approaches for political action committees or grass‐roots efforts. Suggestions for managers interested in improving the effectiveness of their business advocacy efforts are discussed. Copyright © 2001 Henry Stewart Publications     

The toxicological challenges in the European research project DRUID

Within the epidemiological studies of the integrated European research project DRUID (Driving Under the Influence of Drugs, alcohol and medicines), 13 laboratories from across Europe will analyse whole blood, oral fluid (OF) or urine from the general driving population and injured drivers. To ensure the comparability of toxicological results from the different studies, the collection of samples, analytical methods, target analytes and analytical cut-offs have been standardized for all laboratories involved.Target analytes were selected based on suspected impairing effects and prevalence. Twenty-three drugs are included in the ‘core list’ for which analysis is mandatory: ethanol, amphetamine, MDMA, MDA, MDEA, methamphetamine, cocaine, benzoylecgonine, THC, THC-COOH, 6-acetylmorphine, diazepam, flunitrazepam, alprazolam, clonazepam, oxazepam, nordiazepam, zolpidem, zopiclone, lorazepam, morphine, codeine and methadone. Additionally, 28 other drugs will be analysed in 1–12 countries.All whole blood samples are collected in glass Vacutainer-type tubes containing sodium fluoride and potassium oxalate. Based on a comparative study of 10 collection devices, it was decided to collect oral fluid using the Statsure™ device. Since only a small sample volume is available (5–10 mL blood and 1 mL oral fluid), all laboratories have to develop methods for simultaneous detection of the target analytes. All laboratories agreed to use either LC–MS–MS or GC–MS in SIM-mode. Proficiency testing for both blood and oral fluid are organized.Analytical cut-offs were established for the core list based on those used in ROSITA-2, SAMHSA cut-off values for oral fluid and recommendations from an expert meeting in Talloires.Because of practical and legal considerations, different sample types are used: whole blood, serum/plasma and oral fluid. Literature on correlation between analyte concentrations in these body fluids is limited, which makes several comparisons of study results difficult: (1) comparison of epidemiological (blood, oral fluid and urine) and experimental studies (serum and plasma) performed in DRUID and (2) comparisons within the epidemiological studies themselves (most countries: oral fluid in road-side survey, blood in hospital studies).A combination of literature findings, new findings from DRUID and semi-quantitative results will likely have to be used to solve these problems.