条约演化解释方法的最新实践及其反思

演化解释俨然已成为条约解释的一个新趋势,但在实践运用中,该方法却存在武断、机械和片面等问题。未遵循条约解释的基本原理是导致这些问题的主要原因。演化解释方法和当时意义解释方法的关系密切,应在综合考虑各个解释要素的基础上,对这两种方法权衡后再作选择。运用演化解释方法,应在条约已有概念的基础上进行,并且不得违背条约的目的和宗旨。演化解释方法的运用可沿循一定的路径进行。     

Policy of decentralization and changing governance of higher education in post‐Mao China

Unlike the Mao era when educational development was entirely directed by the central government, there has been a strong trend to diversification and decentralization of education in the post‐Mao period. This article, being set in this context, examines how the policy of decentralization has affected the governance modes of higher education in Mainland China. More specifically, the article focuses on three major aspects of education governance, namely, financing, provision and regulation in education, with special attention given to examining the changing relations between the state, local governments and other agents in education delivery. One very significant consequence of the change is that the public‐good functions of education, of which the state has taken the primary role of a reliable guarantor, have diminished. Nonetheless, the state's role as a regulator and overall service coordinator has been strengthened rather than weakened under the policy of decentralization. These recent developments in China's higher education also reflect the global trend of decentralization in educational governance. Copyright © 2002 John Wiley & Sons, Ltd.     

论走私制毒物品罪

走私制毒物品罪侵犯的客体为复杂客体，即本罪既侵犯了我国对制毒物品的管制，又侵犯了我国的对外贸易管制。本罪在客观上表现为违反国家规定，逃避海关监管，非法运输、携带醋酸酐、乙醚、三氯甲烷或者其他经常用于制造毒品的原料或者配剂进出境的行为。本罪主体既可以由年满１６周岁具有刑事责任能力的自然人构成，也可以由单位构成。本罪为故意犯罪。     

中国社会政策学科的本土发展——以国际社会政策学科的发展经验为视角

社会政策研究在中国起步很晚,但发展很快.在建设和谐社会的今天,社会政策研究可以为我们寻找中国社会建设的现实途径提供理论导引和选择.在我们推进对于社会政策实践问题的研究时,理论建设不可或缺.本文从学科的规范体系、制度环境和学科制度建设这三方面入手,就中国社会政策学科的建设及其发展环境进行探讨.     

Lingering environmental pessimism and the role of government in Hong Kong

Based on data from two opinion surveys conducted in 2000 and 2008, this study shows that Hong Kong people have been consistently highly aware of the seriousness of different environmental problems and relatively pessimistic about the future resolution of these problems. Such pessimism is arguably related to their lack of confidence in the government's enforcement of environmental protection. Through an analysis of the environmental policy‐making and enforcement agency and three selected enforcement cases, the study further finds that the people's lack of confidence can be traced to the government's failure to bring about a comprehensive, integrated, far‐sighted environmental strategy with sophisticated institutional support and detailed enforcement mechanisms. Copyright © 2009 John Wiley & Sons, Ltd.     

在改革开放与新的社会阶层论坛上的讲话

这次由中央社会主义学院主办的“改革开放与新的社会阶层论坛”在我省举行，这是中央统战部、中央社会主义学院对我省工作的大力支持，我们感到十分荣幸和极大的鼓舞。在此，我谨代表中共福建省委统战部和福建省社会主义学院，向参加今天论坛的各位领导、各位专家学者、各省市社会主义学院的领导以及我省新的社会阶层人士代表，表示热烈的欢迎并致以诚挚的问候!     

A Legacy of Harm: Punitive Drug Policies and Women’s Carceral Experiences in Canada

There is limited research on the gendered impacts of drug policies in Canada, despite the fact that women, Indigenous women in particular, are the country’s fastest growing prisoner population, with many incarcerated for drug-related crimes. This article highlights the results of a larger qualitative study with former prisoners in Ontario and community and medical experts from across the country. Focusing on the women research participants, we consider the lack of adequate and culturally-relevant substance use and harm reduction programming in federal prisons, and suggest a reformulation of Canada’s punitive drug policies toward a health and social welfare approach.     

Audit for Whom? Time to Review Roles of Independent Auditors in Hong Kong

The Hong Kong government has been reforming its laws regarding accounting practices in recent years, to pre-empt problems similar to that of Enron. It correctly recognizes an opportunity to enhance and distinguish the financial system in Hong Kong and create a competitive advantage for Hong Kong. The sixty-five billion dollar question is: what is the right approach for accounting practice reform? One obvious approach is to model reform after the Sarbanes Oxley Act (SOX). The SOX increases personal liabilities of senior management and introduces extremely cumbersome compliance processes (s 3 (b)(ix) of Minutes of Bills Committee of Financial Reporting Council Bill. (19 July 2005)). While this approach may be the right move for the United States, because rescuing investor confidence is paramount, a similar approach may not be optimal for Hong Kong. Hong Kong relies, to a great degree, on foreign investments and a heavy-handed approach may scare investments away (Charles E. Schumer &; Michael R. Bloomberg To Save New York, Learn from London, Wall Street Journal 1 Nov 2006). This paper, argues that failure of independent auditors was mainly caused by bad incentives. In particular, auditors were hired by and responsible to the management of companies. Thus, there is no surprise that auditors were less diligent in finding problems caused by management. Furthermore, proposing of an alternate to the SOA’s approach. Specifically, a new legal approach should be enforced that allows shareholders to sue auditors when failure to uncover accounting issues causes loss of shareholders’ values.