我国地方政府债务融资监管立法缺陷及完善

我国地方政府债务近几年急剧膨胀,负债融资发展已经形成不可阻挡之势。加强对地方政府债务融资监管显得意义特别重大。本文在界定地方政府融资内含的基础上,概括了我国地方政府债务融资监管立法缺陷,并对完善我国地方政府债务融资监管立法提出了若干建议,以求同仁赐教。     

Notes on expanding the concerns of peace research

This paper attempts to develop an approach to the problem of peace, the world order approach, and suggests some general directions for research in psychology intended to describe global conditions and to promote solutions to critical human problems. The author stresses the need for enlisting psychologists whose work focuses on the humanistic aspects of peaceful interactions.

The paper is divided into four sections. The first section presents the author's view of the current world situation; one that suggests expanded research and action in peace studies. The second section develops the concept of world order to complement the more restricted view of peace research that is often adopted. The third section develops the idea of constructing a global monitoring system designed to describe the global problem of peace. The final section proposes some broad directions for research in psychology that hopefully build upon previous and current efforts in the field.     

国家税权和国民税权关系问题研究

国家和人民关系问题的核心是国家税权和国民税权关系问题,用税收契约理论解析国家税权和国民税权关系,确立合理的委托—代理关系对于我国和谐社会的建设有很大的促进作用。     

Building Bond Repayment Capacity in Developing Countries: A Study on Property Tax Collections and Debt Affordability in Mexico

This article uses a multinomial regression model to analyze the bond repayment capacity of issuers of municipal bonds in Mexico. The study emphasizes the role that property and land-based taxes have in the enhancement of repayment capacity, as these are highly underutilized levies with important revenue raising potential. The findings show that there is no statistically significant link between these taxes and the chosen proxy for repayment capacity. This follows from an institutional and legal framework that creates an artificial environment of fiscal solvency. The Mexican case is instructive on how not to create a subnational bond market.     

Towards a new paradigm for pan‐African knowledge production and application in the context of the African renaissance

Abstract

The article argues that the primary purpose of education, both formal and non‐formal, is the development of interrelated and interdependent sets of human capacity to think, to know and to act by honing social consciousness or awareness, values and skills. Investing in education is therefore viewed as investment in the development of social capital that combines with material resources and other non‐material phenomena to produce goods and services, as well as a favourable spiritual environment for human sustenance and development.

Education in Africa needs a fundamental paradigm change which entails, among other things, focusing on confronting, with a view to correcting and departing from, hegemonic knowledge and knowledge systems that are predicated on racist paradigms that have deliberately and otherwise distorted, and continue to distort, the reality of who Africans really are. The article visits some of the terrains most in need of this change: contestations about the roles Africans and Africa have played in human civilisation during the four main historical periods to date: Africa's leadership as the cradle of humankind or the Naissance of Humanity; Africa's leadership in all fields of knowledge and human achievements at the beginning of modern civilisation up to about the fourteenth century AD; the fifteenth century AD to the present which marks the only period in human development when Africa and Africans have been dominated and marginalised by mainly European civilisation and its global projections; and, the emerging era of the renaissance of Africa and other marginalised peoples.

A model curriculum that requires supplementation by the specific characteristics of each country that adopts it is suggested as a step towards this paradigm change. This modest effort at constructing a model curriculum is informed by the understanding that all Africans and peoples of African descent need to possess some basic, shared common knowledge about Africa, the Diaspora and the world ‐ and to acquire critical approaches to contextualised learning.     

The critique of language and its economy

Abstract

This paper draws upon and develops Paul Rabinow's concept of biosociality to analyse how the field of gambling research, the facts about gambling addiction and the politics of gambling regulation are in the process of transforming one another as the US gambling industry has begun to provide large amounts of funding for scientists and clinicians working on gambling problems. In particular, the paper focuses on the political economy of research that suggests that the negative consequences associated with gambling are not just social problems, but neurobiological ones. The paper introduces the notion of ‘biopolitical capital’ in order to describe how the gambling industry invests in particular kinds of research which are more likely to yield results that can be mobilized to support particular kinds of approaches to dealing with the social and personal problems associated with gambling.     

从一则案例看开设赌场罪的司法认定及立法完善

赌博作为一饱受诟病的不良文化现象,一直受到社会各界的关注。法学、社会学等理论领域和刑事司法实务界对禁止赌博、赌博行为入罪处罚的研究也从未停止。但现有的法律规定和理论研究在如何界定开设赌场罪及开设赌场罪的共犯等问题上仍存在分歧,司法实践中对此类犯罪的认定处理也不统一。拟从一则案例入手,分析开设赌场罪的司法认定,并提出对开设赌场犯罪的立法完善意见。     

Regime Shift in Japan?Two Decades of Neoliberal Reforms

This paper uses insights drawn from a paired comparison of Switzerland and Japan to give an account of the changes brought about by neoliberal policy adaptation in Japan over the last two decades. In Switzerland, notwithstanding further liberalization of the traditionally liberal regime prompted by the economic hardships of the 1990s, the referendum system helped the Social Democrats and unions to defend their rights and maintain the welfare schemes belatedly established in the 1980s. By contrast, the Japanese ruling party not only delayed liberalization of the protectionist state, but also aggravated fiscal problems by implementing a series of expansionary macroeconomic policies in the 1990s. Thus, without pursuing coherently such neoliberal policies as fiscal consolidation, privatization, or market deregulation, the Japanese state now faces a serious dilemma between the immediate need for structural reforms and the social unease that would result. Focusing on the reform packages of the Nakasone (1982‐87), Hashimoto (1996‐98), and Koizumi (2001‐) administrations, the paper reviews the sequences of reform policies as an interplay among economic challenges, actors’ aspirations, and institutional constraints, and further develops arguments about the segmented structure, peculiar to the Japanese state, that retards political changes.     

化解地方政府债务制度化建设的基本思路

伴随着地方机构改革和各地对政府负债的清理,各级政府的巨额债务浮出水面。地方政府债台高筑,不仅损害政府威信,还妨碍党和政府政策的执行,成为中国社会发展的巨大掣肘。债务成因错综复杂,但主因是制度供给短缺,因为任何一种社会现象的普遍出现,背后必然都隐含着某种规律性、制度性的问题。因此,在允许地方政府发债的前提下,宏观上的制度设计已成为化解地方债务难以回避和逆转的课题。     

浅析债权出资的条件

目前,我国公司法以及相关法规或司法解释并未对债权出资给予明确说明,本文对债权出资的理论条件进行了分析并得出结论：首先,债权出资具有法律上的可行性。在此基础上,本文通过借鉴实务中具体的债权出资情况,对债权出资的适格性要求亦提出了一些相关立法建议。