The Sino-Japanese-Russian triangle

This paper attempts to understand the relations between three important actors in Northeast Asia — China, Russia, and Japan — since the end of the Cold War. Whereas the political changes attending the collapse of the communist bloc have opened new foreign policy opportunities to all three actors, only China and Russia have been quick to move on them. Japan’s relative inflexibility, attributable to its alliance with the US on the one hand and its territorial dispute with Russia on the other, has had the effect of impeding the application of triangular diplomacy. Editor ofAsian Survey, has written or editedSino-Soviet Normalization and Its International Implications (1992),China’s Quest for National Identity (with Samuel Kim, 1993), and many other analyses of Chinese domestic and foreign policy. His most recent book (with Haruhiro Fukui and Peter N.S. Lee) isInformal Politics in East Asia (Cambridge, 2000).     

The debates on public investments in Japan

Since the economic bubble burst, Japan has been in a long-term recession. To stimulate the economy, improve the infrastructure and increase employment, the Japanese Government injected a substantial amount of money into public works in the 1990s. However, these public investments had limited utility but incurred huge debts. These public investments have become a controversial issue. The Japanese Government could not but promote many reforms concerning public investments. This paper focuses on Japan＇s case and introduces the debates on public investments.     

诈骗罪疑难问题研究——对传统罪名的解读

可以将财产性利益解释为我国诈骗罪的对象。三角诈骗的情形应当具体问题具体分析。诉讼欺诈不宜作为诈骗罪处理。关于找钱诈骗 ,有时只能作为不当得利处理。欺骗他人放弃财物然后自己捡拾财物的 ,构成诈骗罪。欺骗他人交付不法原因给付物 ,可以构成诈骗罪。诈骗罪是对个别财产的犯罪     

Seat share distribution of parties: Models and empirical patterns

We find that strategic sequencing and other factors sort parties roughly into two groups. Low-ranking parties lose part of their inherent support, compared to probabilistic expectations, while high-ranking parties profit from the shift. Our method is to graph the worldwide mean seat shares of parties at various ranks by size against the largest party share (Nagayama triangle format). The resulting empirical pattern looks complex, yet when we adjust a probabilistic model to account for strategic and other factors that may hurt the smaller parties, the fit becomes close. The number of parties that profit from transfers is close to the inverse of the fractional share of the largest party. The model fits best when the transfer is assumed to involve about one-half of inherent minor party support. This is a novel way to estimate the universal average strength of strategic and other factors that work against the smaller parties. The empirical worldwide mean pattern offers us a norm against which seat share distributions in individual countries or single elections can be compared.     

Preserving The Headwaters

正A major ecological project is underway to ensure mother rivers won’t run dryThe"sea of stars"is a name given to hundreds of lakes studding Madoi County in Golog Tibetan Autonomous Prefecture in northwest China’s Qinghai Province.Under the sunshine, the lakes sparkle like bright stars. Madoi, which has an average elevation of4,500 meters, is home to a total of more than4,000 lakes. The county’s name literally means the source of the Yellow River, because water     

South Korea and Sino-Japanese rivalry: a middle power's options within the East Asian core triangle

Abstract

South Korea is a middle power in a region where its scope of action can rise and fall quickly and diplomatic flexibility is needed. Neither realist responses to threats nor idealist trust in integration meet its needs for adjusting triangular ties with China and Japan, as their relations become the principal great power divide in Northeast Asia. Its optimal choice is as a facilitator biding its time when tensions over both security and national identity clashes are intense, while preparing for opportunities. Four conditions would give it a favorable environment: forward-looking foreign leadership; security challenges brought under some control; subsiding preoccupation with national identities; and its own strategic planning with care not to overreach. Multiple possibilities emerge if it can rebuild ties with Japan as part of a triangle with China as well as one with the United States and also synchronize ties with China to other ties. Even amidst recurrent tensions, the core East Asian triangle offers Seoul a chance to take advantage of changing dynamics in the world's most ascendant region.     

刑事诉讼的功能性结构及其法理学分析

所有刑事诉讼主体的诉讼功能之间的整体关系构成刑事诉讼的功能性结构,经过法理整合的审判、控诉和辩护三种基本诉讼功能之间的关系的整体构成刑事诉讼基本的功能性结构。以刑事诉讼的功能性结构概念为基础建构的“三分圆”理论模型优越于“三角”理论模型,既可藉以对刑事诉讼的基本结构作定性分析,又可藉以对刑事诉讼的结构模式进行定量分析。当事人主义与职权主义结构模式的区别在于刑事审判程序中证据调查的功能性结构的不同,二者的划分严格讲来只适用于刑事审判程序。刑事诉讼的两重结构不是两种结构。     

Public Value in Politics: A Legislative Budget Office Approach

We use Legislative Budget Offices (LBOs) as both a lens and a test of “public value in politics,” a facet of Moore’s original framework that remains its most contested. We identify two public value roles for LBOs: (1) as a normative-advisory institution, and (2) as a mechanistic-costing one. Through Moore’s Strategic Triangle, we contrast the higher public value contribution of the advisory role, as manifested in the United States, with the costings role as manifested in Canada. Our findings suggest that LBOs enhance both democracy and efficiency and thus show how “public value in politics” can be achieved.     

Public Value as Rhetoric: A Budgeting Approach

The public value theory has been accused of serving as a “rhetorical device” for public managers to advance their interests and influence vis-à-vis politicians. This article uses Legislative Budget Offices (LBOs) as a lens to re-examine the theme of “public value as rhetoric”. It examines how an LBO can relegate itself to a lower public value-creating position that avoids conflict with politicians, which then allows politicians to employ rhetoric such as fiscal “sustainability” and “responsibility”, without making actual budget choices that incur political costs. The findings of the article suggest that the use of public value as rhetoric is a function of contradictory values held by citizens, which politicians and public managers must reconcile by choosing to divert either resources or rhetoric. Furthermore, rhetoric is bidirectional, and employable not just by public managers, but by politicians as well.     

破产视角下的抵销

为更好地反映抵销制度的正当性基础,应细化抵销的类型,区分“独立的抵销”与“同一交易内的抵销”,并在破产法上作不同的处置.对照“同一交易内的抵销”制度,有助于我们更准确地认识债权债务折算及解除返还的制度,更深刻地理解民法上“牵连关系”、同时履行抗辩、留置权(尤其是商事留置权)等概念或制度,并更好地安排抵销在诉讼法上的处置.从立法论的角度,“同一交易内的抵销”制度可作为未来我国修订企业破产法的参考.在判断可否进行破产抵销时,一方面应继续贯彻破产撤销制度尤其是偏颇清偿制度的基本理念,另一方面应充分考虑抵销制度中的公平考量,承认实际利益主体与名义权利人可能分离的现实,更注重利益的关联,限制转让债权与受让债权的抵销,但同时又不过分拘泥于债权之间形式上的相互性.另外,应重视抵销的担保功能,保护包括后顺序债权人在内的破产债权人于破产程序之外本应享有的权利.在抵销与其他担保权竞争的情况下,原则上应承认抵销的优先性.