我国慈善事业发展中存在的问题

这些年随着社会财富的积累和公民道德意识的进步,公益慈善事业在社会资源分配中的积极作用越来越明显,同时也暴露出我国慈善事业存在的问题：其一,慈善制度的缺失是制约我国慈善事业发展的最大瓶颈;其二,错位的官办慈善格局扭曲了慈善的本性;其三,不透明的运作模式是制约慈善事业发展的顽症;其四,不成熟的慈善理念和对传统文化理解的偏差冲淡了慈善的氛围,制约着慈善事业发展的步伐。因此,认真深入地剖析慈善事业存在的问题,才能让悠久的中国传统慈善事业步入健康、可持续的发展轨道。     

我国死刑缓期执行制度评析

死刑死缓执行制度,是我国刑法中一项重要的刑罚制度,修订后的刑法典对之加以进一步完善,一定程度上克服了79年刑法典规定的不足,但仍存有瑕疵与逻辑漏洞,并直接导致司法适用上的困难。本文对死缓的法条设置与司法适用的有关问题作了剖析。     

Varieties of regional monetary cooperation: a tool for reducing volatility in developing economies?

Can regional monetary cooperation shield developing regions from global volatility? The article argues that the main contribution of regional monetary cooperation to enhancing the shock-buffering ability of its member countries is to provide short-term liquidity and to increase regional trade and financial links. In contrast, traditional optimum currency area (OCA) theories formulate the advantages of regional monetary cooperation in terms of allocative efficiency gains and aim at a full currency union as final stage. As such, traditional theory widely ignores the shock-buffering capacity of regional monetary cooperation as well as their varieties. In contrast, the article argues that intermediate stages of regional monetary cooperation have their own rationales related to such shock-buffering capacity. This paper systematically examines the variety of regional cooperation arrangements in the developing world that range from regional payments systems over the pooling of reserves to exchange rate coordination. We propose that the potential for shock buffering is dependent on the chosen form of cooperation. Furthermore, in contrast to full monetary integration, which is highly demanding in terms of policy coordination, the requirements for regional policy coordination are significantly lower, depending on the form and aim of the arrangement.     

Doing good or doing nothing? Celebrity,media and philanthropy in China

Based on a statistical analysis of 91 celebrity-endorsed charities in the People’s Republic of China, this paper challenges the popular assumption that celebrity involvement with not-for-profit organisations attracts extensive media coverage. Although China is the largest media market in the world, previous studies of celebrity philanthropy have been conducted almost exclusively in a Western context. Such studies argue passionately for and against the role that celebrities can play in attracting attention to humanitarian causes, focusing on the activities of Western celebrities, corporations and consumers as essential or problematic promoters and providers of aid to people in developing countries. We show that – in China, at least – most of this debate is overblown. Rather than arguing in favour of or against celebrity philanthropy, we provide statistical results suggesting that celebrity endorsement has very little impact on press coverage of charities.     

《商标法》第44条第1款评注

经过历次修正,《商标法》第44条第1款从原来的绝对理由和相对理由混合规定转变为现在的单纯绝对理由条款。本文首先分析了该条款的法律适用的各个方面。其次,对其中“不正当手段”规定,结合实践提出,应坚持其绝对理由条款的性质,无需过多地关注商标是否实际使用,而应注重其不正当的意图和行为,应区分转让人与受让人的不同情况以确定是否适用“不正当手段”规定。最后,对2019年修正《商标法》第4条与“不正当手段”规定在法律适用中的冲突进行了研究,建议将对大量抢注和囤积注册行为适用第4条的规定,将“不正当手段”规定作为绝对理由的兜底条款,将诚实信用原则作为相对理由的兜底条款,使商标授权确权法律规则体系更加完善。     

“微公益”失范的发生机理与跨界规制

"微公益"失范是社会"志愿失灵"的典型表现形式之一。加强国家监管抑或提升志愿力量自治能力,一直被视为解决"微公益"失范问题的关键所在。研究发现,"微公益"诸多失范乱象的生成,源于跨界行动利益相关方自律和他律机制失效及其彼此间协同、合作关系的断裂。为此,"微公益"失范问题的矫治,不只是从法律、政策上进行单向度的监管、控制,更要因循其失范的内在发生机理,从跨界合作治理的视角整合参与"微公益"行动的各方资源,引导、扶持其所代表的社会力量不断成长壮大,从而实现自律、他律机制的有效衔接与良性互动,重构并形成"微公益"行动多方跨界合作的规制格局。     

行政诉讼给付判决的构造与功能

司法实践中存在对给付判决作扩张解释的现象,这将导致给付判决与其他判决类型在适用范围上发生重叠,致使新增给付判决的立法目的落空。行政诉讼法“监督行政—纠纷解决”的立法目的,塑造了“低强度审查模式—高强度审查模式”的司法审查强度区间,要求法院对程序性裁判与实体性裁判作出区分。履行判决原则上只能是程序性裁判。给付判决的制度功能在于确立实体性裁判的裁判方式,弥补履行判决在功能上的不足。现阶段,给付判决尚不能发挥“多用途武器”之功能,其适用空间应限于法律规范规定的给付义务、给付行政范畴内的给付义务、以金钱或财产为内容的给付义务。     

论行政规定在行政诉讼中的适用

人民法院在行政诉讼中经常面临如何适用行政规定的问题,然而现有的理论与实践并未给出正确的答案.不同的行政规定在行政诉讼法律适用中,具有的地位也不尽相同.人民法院在审理案件时,应以是否超越权限、是否违反法律的规定为标准审查行政规定的合法性.人民法院于裁判时可引用行政规定作为裁判说理的依据或者裁判的依据,惟不得仅引用行政规定...     

Models of Public Service Provision—When Will Knights and Knaves Be Responsive to Pawns and Queens?

This article extends the framework of Le Grand (2003 Le Grand, J. 2003. Motivation, agency and public policy, Oxford: Oxford University Press. [Crossref] , [Google Scholar], 2010 Le Grand, J. 2010. Knights and knaves return: Public service motivation and the delivery of public services. International Public Management Journal, 13(1): 56–71. [Taylor &; Francis Online], [Web of Science ®] , [Google Scholar]) to encompass responsiveness, and the main argument is that the combination of employee motivation, user capacity, and models of public service provision potentially has serious implications for responsiveness across service areas. Although research on employee motivation thrives, especially in the public service motivation (PSM) literature, few studies have investigated user capacity empirically, and we know little about the combination of PSM, user capacity and models of service provision. Analyzing four central service areas (day care, schools, hospitals, and universities), we find variations in both user capacity and PSM. Taking this variation as a point of departure we discuss what implications different combinations of employee motivation, user capacity, and models of public service provision may have for responsiveness.     

To depend on one's children or to depend on oneself: savings for old-age and children's impact on wealth

How did workers make provisions for old age before the introduction of old age pensions? What was the relative importance of dependence on children and saving for old age respectively? This article concerns the transition from a traditional family-based system for economic support in old age to a more modern system. Regarding the nineteenth century, studies have shown that (a) savings generally were insufficient for full retirement, and that (b) families were dependent on children's incomes when the breadwinner became older. Little attention has been paid to the question of how the relative importance of these two alternatives changed during the century. This question is addressed here in a cross-sectional study of net wealth based on probate inventories for three Swedish towns in the 1820s and the 1900s.

The results show that in general the economic importance of children was larger among the lower socio-economic strata. They also reveal that net costs for having children increased between the investigated periods. This means that dependence on children became more expensive. Consequently, the economic importance of this alternative decreased. This may have been a strong motive for the fertility transition.

On the other hand, net wealth for workers increased at the end of the nineteenth century. Financial assets constituted a great part of the increase. Workers with children had less financial savings than those without children, showing that there was a conflict between the traditional and the modern systems for support in old age. However, still at the turn of the twentieth century funds were generally too small to allow an old worker to retire. These results indicate that neither the old, nor the modern systems, fully satisfied the need for support in old age. This may explain why several Western European countries introduced old age pensions at the beginning of the twentieth century.