我国社会保障区域差异研究

由于我国实行社会保障属地化管理原则,在区域经济发展不平衡的条件下,由地方政府举办的社会保障存在明显的区域差异,中西部地区社会保障覆盖范围小、水平低、负担重、抗风险能力差,这不仅不利于区域社会协调发展,而且背离了区域基本公共服务均等化的目标。因此,实现区域经济协调发展、完善现行社会保障制度、加大中央财政对中西部地区的转移支付力度,是缩小社会保障区域差异的必然选择。     

论公诉案卷移送制度

公诉是连接侦查和审判程序的枢纽,对侦查权和审判权的行使起着重要的作用。案卷移送是我国公诉案件中的一个环节,涉及庭审的实质化、审判中心主义、审判权与检察权的关系等多个方面,是一个复杂的问题。审判方式改革决定了移送案件材料的数量和时间,反过来移送材料的数量和时间又会直接影响到审判方式改革的力度甚至成败。因此,案卷移送制度的研究具有重大的现实意义。     

Examining the Canadian Government's Resistance to Including Socioeconomic Concerns in Genetically Modified Seeds Regulation: A Policy Transfer and Multilevel Approach

In 2011, Canadian Members of Parliament refused to transfer a regulatory initiative taken from Argentina that would have required an analysis of potential harm to export markets before authorizing the sale of any new genetically modified seed. This was the purpose of Bill C‐474, which was defeated in the House of Commons. After exploring Argentina's regulatory framework as a source of transfer, this paper combines a multilevel analysis with a typology of policy transfer mechanisms in order to address the complexities underlying this unsuccessful attempt. We explore how the mechanisms of competition and coercion might have impeded the transfer of such an initiative at the international and the macro‐state levels. Moreover, while a policy transfer network in support of the bill called on previous experiences with genetically modified seeds, their efforts appear to have been outweighed by another network using arguments based on the mechanisms of competition, coercion, and mimicry.     

新型农业经营体系下农地产权结构的法律逻辑

新型农业经营体系的构建以厘清农地产权的结构为前提。在我国实行土地公有制不变的前提下,农地产权的结构以集体土地所有权为基础。在新型农业经营体系中对农地的利用关系在法律上应当表达为物权关系,以达到"稳定农村土地承包关系并保持长久不变"的目标,主流学说所谓土地承包经营权的二元化构造即应破除。经济学界提出的以土地所有权、土地承包权、土地经营权"三权分离"学说为基础构建农地产权的观点,曲解了稳定土地承包关系与土地承包经营权流转之间的关系,不符合他物权设立的基本法理,无法在法律上得以表达,也与下一步农地制度改革的方向相悖。如果农地的流转仅仅具有债法上的效果,或产生移转物权的效果,则方式自由;如果农地的流转具有创设物权的效果,则方式强制。实定法上就农地转让的条件限制缺乏正当性,应予修正。     

关于乡村医生非法行医刑事案件移送的分析与思考

本文就一起乡村医生非法行医案件移送进行分析和思考,就此类案件在移送中出现的问题做一些探讨和研究,以期减少行政争议,提高依法行政的能力和水平。     

Evaluative approach to semen transfer in a case of alleged sexual assault: A case study

This paper demonstrates a logical framework for evaluating forensic evidence, first described by Cook et al. [1,2], using a casework example of an alleged sexual assault involving semen transfer. Here we show in real time how the case strategy can change with additional information and how to use available experience and published data to interpret the findings obtained, given the background information provided. The findings of the case are interpreted using the Bayesian approach and are reported by giving the strength of support of scientific findings for one proposition rather than a competing proposition, as per the European Network of Forensic Science Institutes (ENSFI) guideline for evaluative reporting. We believe that using this paper as a template will aid other Forensic Science Practitioners (FSP) to add value and weight to their work by assisting them in evaluating and interpreting their own findings.     

The Rationale Behind the Creation and Diffusion of Independent Regulatory Agencies: The Case of the Telecommunications Sector in Egypt

The creation and diffusion of Independent ^{1 1}Three different meanings of the regulatory state have been identified by Jordana and Levi-Faur (2004): the minimal, the prudent, and the overambitious meaning. The minimal meaning refers to the regulatory state as a field of study grouping scholars from different disciplines. The prudent meaning emphasises the tendency of modern states to use power and authority. An overambitious notion, the regulatory state developed to replace other state forms such as the welfare, developmental, and stabilisation state. Regulatory Agencies (IRAs) was greatly investigated in the context of the developed countries, particularly in Europe. Many scholars have provided different theories to explain the logic behind the formation and the spread of such agencies. These theories are important but not sufficient to explain the same phenomenon in the context of the developing countries wherein socio-economic and political environments are different. Adopting an institutional framework of analysis, and based on an in-depth qualitative documentary analysis and interviews with different stakeholders, this article investigates the creation and diffusion of the IRAs in Egypt particularly in the telecommunication sector. The findings show that the creation of the IRAs in the Egyptian telecommunications sector represents a rational response to the external isomorphic pressures exerted by international agency and can be explained on functional and practical grounds rather than any other factors of democratic governance or political uncertainties.     

The effect of transfer mechanism from juvenile court on conviction on a target offense in criminal court

The question of whether juvenile offenders should be handled in criminal court has been addressed by a number of studies. However, few have examined the effectiveness of the type of transfer mechanism and how it relates to protecting the public. Whether the mechanism used to transfer juvenile offenders to criminal court has any effect on the likelihood of being convicted of a target offense criminal court is examined here. It was found that the juveniles sampled in this study had a greater chance of being convicted on their target offense in criminal court if they were sent there via judicial waiver than if they were excluded from juvenile court jurisdiction by statute.     

公司法股权转让与股东资格取得关系探讨——以(2009)皖民二终字第0011号判决为素材

股权受让人在股权转让后是否直接取得股东资格而成为股东,现行法律规定并不明确。发生股权转让后公司尽管有义务变更股东名册和工商登记,但只在股权受让人将股权转让的事实通知公司后,才产生公司的变更义务。通知公司后即产生变更义务。在公司实务中,股权出让人在出让股权前向其他股东发出的通知有时可以认定为通知公司,应该结合具体案情综合判断。股东名册法理上的对抗效力与明文规定的工商登记的对抗效力相互矛盾,而且只有公司才能申请变更登记,这会影响股权受让人股东资格的取得,损害股权转让双方及其债权人的利益。     

Culture,equality and polemic

Abstract

The Black-Scholes-Merton formula has been put to widespread use by options traders because it provides a means of calculating the theoretically ‘correct’ price of stock options. Traders can therefore see whether the market price of stock options undervalues or overvalues them compared with their hypothetical Black-Scholes-Merton price, before choosing to buy or sell options accordingly. As a consequence of this close relationship between options pricing theory and options pricing practice, a strong performativity loop was activated, whereby market prices quickly converged on the hypothetical Black-Scholes-Merton prices following the dissemination of the formula. The theory has therefore had significant real-world effects, but how should we characterize the initial instinct to derive the theory from a philosophy of science perspective? The two books under review suggest that a Kuhnian reading of the advancement of scientific knowledge might well be the most appropriate. But, on closer inspection, it becomes clear that the publication of the Black-Scholes-Merton formula should not be seen as a Kuhnian moment with paradigm-shaping attributes. It is shown that, at most, the formula acts as an important exemplar which, via its use in the training of options pricing theorists and options pricing practitioners, reinforces the entrenchment of finance theory within the orthodox economics worldview.