浅析反不正当竞争法的一般条款

1993年颁布的《反不正当竞争法》,它的制定与实施为我国建立统一、公正的市场竞争秩序提供了法律依据。然而,随着市场自身的快速发展,这些具体的规定已经无法全面、有效地规范市场竞争秩序,这就要求我们要重新认识《反不正当竞争法》,制定一个一般条款。经济法最本质的内容就是国家与经济之间的关系问题,因此,国家应在大力发展商品经济的同时,充分发挥市场机制的作用,在此基础上,恰当地发挥国家职能,对经济进行必要的、合理的干预。     

国家治理体系现代化视域下的行政组织立法

国家治理体系的主体包括中国共产党、国家机关、社会组织和公民,行政组织是主要的主体,而中国共产党是国家治理的领导力量。国家治理体系的现代化,政府现化代是关键,法治化是保障。在治理视域下,行政组织法不再仅是政府内部的结构法,而是包括协调党政群关系、体现共同治理的治理主体法。从优化组织结构,体现党政群协调共治出发,积极回应国家治理现化化对行政组织的要求,通过行政组织立法明确行政组织的职权范围,将中央与地方的关系、部门和地方间的横向协作关系法律化,确立社会组织的行政主体地位,为党委领导、政府负责、社会协同、全民参与的治理体系提供法治保障。     

Third time lucky? Establishing diplomatic relations between Russia and South Africa

Diplomatic relations between Russia and South Africa were established in 1992, before South Africa's transition to democracy was completed. This move was perceived as a betrayal by many in both countries and beyond. For many decades the Soviet Union supported the African National Congress in its fight against the apartheid regime. South Africa's National Party government, in its turn, presented the USSR as the main force behind the ‘total onslaught’ – an all-out war purportedly waged against South Africa by international communism. Yet it was with the National Party government that the Russians established diplomatic relations. This article looks into the reasons for this change of heart in Moscow and Pretoria, discusses the political forces behind the decision to establish diplomatic relations, and analyses the process that led to this event and the results of establishing diplomatic relations the way it happened and at the time it happened for both countries.     

‘That splendid body of women’: nursing,professional registration,and suffragette militancy

ABSTRACT

In the decades before World War One, a group of women fought for their right to control their own futures, claiming that their governance was in the hands of men whose interests lay in keeping women subservient. Initially articulated by an educated, middle-class few, the women's demands were embraced by widening numbers of both women and men. They saw their hopes dashed on several occasions by political manoeuvring, and only after WWI did their demands begin to be met. This is not an account of the women’s suffrage movement, but rather of the fight for the registration of trained nurses. Both movements claimed the right of women to be actors in their public lives and both faced public condemnation for transgressing social boundaries. The two movements interacted, with nurses connecting their struggle to the wider call for women's rights, and with the suffrage movement foregrounding nurses as disenfranchised women professionals.     

State transformation goes nuclear: Chinese National Nuclear Companies’ expansion into Europe

Abstract

Most of the literature on state transformation focuses on China’s relations with African, Asian and Latin American countries and the National Oil Companies’ overseas expansion to show that China has become fragmented, decentralised and internationalised. This article contributes novel findings by focusing on China’s relations with Europe and the actions of China’s National Nuclear Companies (NNCs). It shows that NNCs, which have become relatively autonomous actors, often pursue their agendas of expansion into Europe without much coordination with, or even in contradiction to, other ministries’ agendas and interests, especially the Ministry of Foreign Affairs. Instead of being orchestrated by the central government, their expansion reflects considerable disorganisation and sometimes undermines China’s official strategy. The article demonstrates this through case studies of NNCs’ involvement in the UK and Romania.     

恐怖主义活动中的社交媒体应用分析--以“伊斯兰国”为例

当前社交媒体的应用与普及掀起了恐怖主义活动的新浪潮,有着交互性、社区化特征的社交媒体在招募人员、传播极端思想及策划恐怖袭击方面有着天然优势。以"伊斯兰国"运用社交媒体进行恐怖活动为例,该文探讨了社交媒体的特性、在恐怖组织中扮演的角色以及我国公安机关在社交媒体时代下恐怖主义蔓延采取的应对策略,以期更好地应对反恐新难题。     

China and Africa: economic growth and a non-transformative political elite

Prevailing narratives in the discourse on China-Africa engagement are that China is developing Africa. This paper departs from those narratives because they disregard the agency of Africa's political elite. Basing its argument on the nature of the African political elite, the paper analyses their role in determining the impact of China's economic and trade engagement on economic development in their respective countries. To do that, it first discusses the nature and identity of African political elites, and examines how they control their states and scarce resources. Having done that, the paper then analyses their role in determining the nature and extent of development emanating from their countries’ economic engagement with China. It then concludes that it is not how much foreign states invest in African countries that determines Africa's rise, but rather political elites who influence the direction of their states’ development.     

Defining Environmental Justice Communities for Regulatory Enforcement: Implications from a Block‐Group‐Level Analysis of New York State

The absence of a clear definition of environmental justice areas has been cited as one of the U.S. Environmental Protection Agency's major deficiencies in managing federal environmental justice programs. Several states have explicitly defined potential environmental justice areas and integrated targeted efforts into the policy‐making process. At the block‐group level, this study evaluates the effects of New York State's environmental justice policy, which defines communities of concern in terms of demographic and socioeconomic characteristics as well as mandates supplemental regulatory enforcement activities for these neighborhoods, on the agency's policy implementation practices under the Clean Air Act and Clean Water Act. The empirical findings suggest that there is inconclusive evidence regarding race/ethnicity‐ and class‐based environmental inequity. Also, the state's policy intervention is not universally effective. Moreover, task environments of a given community are a consistent determinant of the agency's regulatory compliance monitoring and assurance activities. This study then derives broader implications regarding the adoption of a policy instrument that defines and screens potential environmental justice communities.