做强产业金融,推动战略新兴产业和先进制造业发展

该文首先界定辨析了产业金融的概念,梳理分析产业发展与金融集聚的互动机制,指出国内产业金融存在的一般性问题,最后立足于推助战略新兴产业和先进制造业的发展,着力探讨政府主导的“政产金”合作模式.     

单纯醉酒驾驶犯罪化理论依据探究

我国《刑法修正案(八)》将单纯的醉驾行为作为犯罪化处理,司法实践只关注案件实体的处理,忽略了法理的探究。单纯醉驾之所以能够作为犯罪化处理,其理论依据在于:从客观上看,醉驾行为制造了法所不允许的风险,增加了该行为发生交通事故的盖然性;从主观上看,行为人设定的醉酒行为是在故意状态下为之,并能预见和认识到自己在责任能力低下的状态下实施驾车行为;作为抽象危险犯中的该种行为,从一般生活的经验来看,也具有现实的引起对法益的侵害或威胁的可能,在结果无价值理论看来也给予否定评价。     

完善工会维权机制,构建服务职工工作体系

构建服务职工工作体系是工会十六大工作报告中对新时期工会工作的要求。工会要在困难职工救助帮扶、协调劳动关系、实行企业职代会制度和集体合同制度、工会源头参与等方面积极作为。完善工作机制,努力构建服务职工工作体系。     

Knowing the past to understand the present - issues in the contracting for cloud based services

This article builds on our previous introductory article to cloud computing ([2009] 25 CLSR 270-274) and seeks to explain how cloud computing has evolved. We then discuss how this evolution impacts on key contractual and legal considerations and how the treatment of these considerations might differ from their treatment in traditional IT supply agreements.     

Exile and Diaspora in an Atypical Context: Chileans and Argentineans in the United States (1973–2005)

This article focuses on two groups of Southern Cone exiles' communities, Chileans and Argentineans, choosing to settle down in an atypical destination: the United States. After estimating some qualitative and quantitative findings, the article delves into the ways these communities settle down, remember their relationship with politics, maintain their connection with exiled fellow‐countrymen worldwide and perceive their national identity. By relying on an empirical, single‐case perspective, with no theoretical ambitions to extrapolate its conclusions to other contexts, this article examines the extent to which the conceptualisation of the exile and diaspora categories changes when applied to these two communities.     

Experimental Study of Bite Mark Injuries by Digital Analysis

Abstract: This study was based on a morphometric analysis of bite marks starting from the quantitative definition of the anterior teeth by the geometric acquisition of the “injuries,” using bite marks impressed on pig skin and plastic. Each mark was photographed and acquired. A dedicated program automatically supplied the values of the shape factors and the areas of the pattern geometric figures. The values obtained for the homologous samples were compared to the heterologous values. Statistical comparison was made of the sets by linear regression, determining the correlation coefficient and the determination coefficient for each value. Results showed only 4.8% and 2% of overlap between homologous and heterologous values. This study was carried out in attempting to quantitatively define the anterior teeth of the human dentition and the procedure described and the results obtained support the advantage of morphometric studies and computer‐aided programs in this study of bite marks.     

The Ends of Deliberation: Meta‐consensus and Inter‐subjective Rationality as Ideal Outcomes

Normative deliberative theory has contributed much to an understanding of ideal procedural standards, but there is considerable uncertainty regarding the appropriate nature of desired deliberative outcomes. In this paper we identify two inter‐related concepts of meta‐consensus and inter‐subjective rationality as outcomes that an authentic deliberative process ought to produce. Importantly, these deliberative ends are consistent with ideal deliberative procedure. They are also empirically tractable, where preference transformation can be described in terms of underlying values, and judgments. Methods for assessing deliberative ends are provided and demonstrated using a case study.     

Mixing Habermas with Bayes: Methodological and Theoretical Advances in the Study of Deliberation

Two challenges stand out in the study of deliberation: the development of appropriate methodological tools and the development of more unified analytical frameworks. On the one hand, analysing deliberative processes is demanding and time‐consuming; hence we tend to have only few and non‐randomly selected cases at the group or context level. In addition, the real world of deliberation presents us with a complex matrix of nested, cross‐classified, and repeated speakers. This article shows that Bayesian multi‐level modelling provides an elegant way to tackle these methodological problems. On the other hand, we attempt to enrich comparative institutionalism with individual characteristics and psychologically relevant variables (such as group composition). Focusing on Swiss and German parliamentary debates we show that institutional factors ‐ in particular, consensus systems ‐, the gender composition of committees and plenary sessions, and age matter for the quality of deliberation. Furthermore, we also show that partisan affiliation ‐ government or opposition status of MPs ‐ affects deliberative quality and can refine institutional arguments. We conclude that a multi‐level approach to deliberation focusing on contextual and actor‐related characteristics and using Bayesian hierarchical modelling paves the way toward a more advanced understanding ‐ and methodological handling ‐ of deliberative processes.     

我国中小企业融资效率研究

我国中小企业主要集中在一些技术含量低,风险相对低,劳动密集型的产业和行业。其利润水平低,存在着资金供给渠道狭窄,内源融资规模有限,直接有效的资金供给不足,风险投资渠道不完善,商业信用不发达,以及贷款供给期限过短等障碍。中小企业融资效率主要受融资成本、资金到位率、资金利用率、企业清偿能力、融资机制规范程度、融资主体自由度等六方面的制约。为此应重视内源融资,优化资本结构,多种融资模式结合;强化现代企业制度,改善公司治理结构,选择符合企业长远利益的好的投资项目,保持对企业的控制权;建立针对中小企业的证券市场,完善中小企业的信用担保体系,有效降低企业的融资成本,为企业直接融资效率的提高创造良好的宏观条件。     

International Organizations ICTs Policies: E‐Democracy and E‐Government for Political Development

New technologies provide new channels of access to political information and participation in decision‐making processes. This assumption is clearly important in the action plans and policies of International Organizations (World Bank, Organisation for Economic Co‐operation and Development, United Nations), which have assumed a leadership role in the reform of political institutions. Starting from an analysis of the reasons that have brought the state and processes of institution building back into focus, this paper will reconstruct the International Organizations' vision of the transformative potential of new information technologies and their activity in this field. Particular attention will be devoted to e‐democracy and e‐government as policies to build democracy in developing countries.