区域共同市场秩序：重复博弈中的交易信任

生产要素跨区域流动和交易需要和谐的区域共同市场秩序,区域共同市场秩序是在交易的重复博弈中逐渐形成的,而重复博弈则要有产权明晰、市场开放、市场规则、利益协调等制度条件来保证。     

中国发展涉外信托存在的结构性问题及其评析——以辽宁省涉外信托业发展现状为视野

涉外信托业的发展已成为一个地区市场经济发达的重要标志。随着国际经济活动日益频繁的发生,许多与辽宁省相关的涉外活动可能同时受数个不同国家法律法规共同调整。在这些国际活动中,作为英美法系国家的信托制度也不可避免地在辽宁省加以运用,与涉外信托相关的争议也会日益增多。辽宁省在发展涉外信托业务中存在诸多结构性问题,主要表现在涉外信托立法的不健全、社会信用制度的缺失、信托受托人责任界定不清以及涉外信托业务的不规范性等。有效解决涉外信托在上述领域存在的瓶颈问题,有利于辽宁省涉外信托业务的持续发展。     

论动产抵押

动产抵押乃是英美法系上的一项制度,我国担保法将动产抵押物的范围扩及于一般的动产之上,与大陆法系传统物权法上的抵押制度有明显区别。我国现行的动产抵押制度与传统物权法的公示公信原则、物权法的效力体系以及物权法的逻辑体系等形成了严重的冲突。需要重新界定和厘清动产抵押制度的性质、动产抵押物的范围以及动产抵押权的要件和效力。     

Public Service Performance and Trust in Government: The Problem of Causality

Abstract

Concerns for restoring citizens' trust in government are at the core of public sector modernization. Public distrust is often blamed on the bad functioning of public services, and in political discourse well‐functioning public services are said to create trust in government. This is a very rational and mechanistic reasoning, only part of which corresponds to reality. The link between performance and trust can only be made when very specific conditions are present. The core of the discussion deals with causality: it is obvious that performance of the public administration has a certain impact on trust in government, but existing levels of trust in government may also have an impact on perceptions of government performance. In this article, we outline a framework for research on this performance–trust relation.     

Muslim communities attitudes towards and recruitment into the British police service

Recent UK media reports have often portrayed Muslim communities in a negative light (Allen, 2010). Indeed, the frequent media focus of Muslim's being arrested for counter-terrorism offences have been reported in great length. Yet the Muslim community remains diverse and is one of the longest established UK communities within Britain. However, previous studies show that there remains a tense relationship with the police and Muslim communities (Awan, 2011) with negative attitudes held by many young British Muslims towards the police (Kundnani, 2009), and indeed negativity remains stronger from young people from minority ethnic communities. The focus and aim of this research was to gather perceptions from the Muslim community in Birmingham as regards whether they would choose or recommend a career within the police service. Thus the objective for the study was to try and get a better understanding of Muslim perceptions about police recruitment.This article reports on the findings and implications of a small-scale study conducted in 2011 comprising of interviews with two Muslim groups namely the Bangladeshi and Pakistani communities from Birmingham (in the UK), where 20 people were interviewed in four groups consisting of (5) participants. The categories included Young People (aged between 15 years and 18 years); Community Leaders; Mosque Representatives and Female Groups (aged between 18 years and 30 years) which aimed to identify and gather the views of Muslim communities in respect to their views about choosing a career with the police service. Analysis revealed that the Muslim community responded in a fairly homogeneous way: they had a lack of trust towards the police and also issues were raised about the legality of counter-terrorism policing operations; a perception that the police service were a racist organisation and that the police had failed to engage with the Muslim community in Birmingham which had left a negative experience of Muslim communities and the police.³ Recommendations to improve the image and recruitment into the police service include more pro-active work with local communities and the use of community policing as a means to reach out to otherwise ‘hard to reach groups’.     

Trust in elections,vote buying,and turnout in Latin America

Although national elections in Latin America are now described as reasonably free and fair by international observations teams, electoral processes are still affected by a series of malpractices (unequal access to the media and public resources, registration problems, vote buying). These irregularities negatively affect citizens' trust in elections. In this paper, we analyze the consequences of low trust in elections and exposure to vote buying practices on electoral participation in Latin America. Using data from the 2010 wave of LAPOP surveys, we find that perceiving that the election is unfair reduces the willingness to participate in national elections, but receiving material incentives during the campaign has the opposite effect of increasing electoral participation. We also show that the effect of trust in elections on turnout is larger in countries where voting is not mandatory.     

关于强制戒毒所归口管理问题的思考

强制戒毒所一直以来由当地政府设立 ,由公安机关禁毒部门进行管理。随着我国毒品问题的发展 ,某些省份根据自己的具体情况对强制戒毒所的归口管理进行了调整 ,改为由监管部门进行管理。强制戒毒所归口管理的问题关系到我国禁毒工作的整体部署 ,必须引起足够的重视。文章经过比较分析 ,得出了结论 :将强制戒毒所归于禁毒部门管理或者监管部门管理各有利弊 ,禁毒部门负责强制戒毒所的管理有利于禁毒部门对整个禁毒工作进行统抓统管 ,有利于最大限度地发挥有限的禁毒资源的作用 ,禁毒部门管理强制戒毒所是禁毒工作的基本要求。强制戒毒所归口到禁毒部门管理优于监管部门管理     

东亚区域合作的制约性因素分析

要实现东亚区域合作,推动东亚共同体的建设,解决东亚区域合作进程中存在的现实难题,当务之急需要处理好以下几个方面的问题：一是美国因素,即美国对东亚区域合作的态度与东亚对美国在区域合作中态度的看法;二是领导权,即必须要有一个坚强的领导核心推进东亚区域合作;三是互信原则的确立,东亚各国必须建立互信关系,尤其是东亚地区大国之间的相互信任：四是“低级政治与高级政治并行发展”,经济合作与政治安全合作同步进行。     

The Modernization of Trustee's Fiduciary Duties in the Chinese Trust Law: A Perspective from the Uniform Trust Code in the United States

Trust is the greatest and most distinctive achievement of English law, grown and developed over the passage of time, to meet new demands towards providing new solutions to problems, resulting in its widespread and inventive use worldwide. Although the trust system was introduced by the enactment of a specialist Trust Law of the People’s Republic of China in 2001, there is no significant growth in the use of the trust system in civic life. The personal fiduciary relationship between the settlor and trustee is the foundation of a trust. The trustee has an affirmative equitable duty to act solely in the interest of the beneficiaries. Whether people can rely on the trust system and use it universally is highly dependent on a trustee’s fiduciary duty. In the United States, thirty-four states and the District of Columbia have adopted some substantive provisions of the very valuable Uniform Trust Code (UTC). To promote the development and appropriate application of Chinese Trust Law, this article examines the differences between trustee obligations under the American UTC and Chinese Trust Law, and then proposes the amendment suggestion for Chinese Trust Law. This article consists of five parts. In addition to the Introduction, Part I of this article overviews the provisions of a trustee’s fiduciary duties in Chinese Trust Law. Part II discusses and compares the differences and similarities on trustee’s fiduciary duties in Chinese Trust Law and the UTC. Part III explores the comparative consideration of a trustee’s fiduciary duties, and provides the proposals for legal reform. Finally, this article brings forward a brief conclusion.     

Making Citizens Smart: When do Institutions Improve Unsophisticated Citizens’ Decisions?

Many scholars lament citizens’ lack of political sophistication, while others emphasize that information shortcuts can substitute for sophistication and help citizens with their political choices. In this paper, I use experiments to assess whether and under what conditions institutions can substitute for sophistication and enable even unsophisticated citizens to make informed decisions. The results of my experiments demonstrate that institutions, such as a penalty for lying or a threat of verification, can help both sophisticated and unsophisticated citizens to make more informed decisions. Further, my results suggest that institutions may, under certain conditions, level the playing field between sophisticated and unsophisticated citizens.