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    Policy and Revelation of Social Insurance Individual Payment Relief in Britain, Japan and South Korea

    Wang Guohui
    2014, 27 (4): 1-7.   DOI: 10.13766/j.bhsk.1008-2204.2014.0205

    The individual payment relief policies of social insurance in Britain include the policy of national endowment insurance regarded as payment, the policy of the payment accounted for national insurance, the policy of the national basic pension system reducing the capture to expend fixed number of year of the qualification and the policy of the government special input for the national endowment insurance fund. The social insurance payment relief policies in Japan include the payment relief of the national pension, the welfare pension, the health insurance and the care insurance. South Korea's social insurance payment relief policies include the national pension payment relief policy and the national health insurance payment relief policy. The characteristics of social insurance payment relief policies in these three countries are reflected in development trend, diversified forms and purposes of payment relief policy and role of income distribution, which have implications for the domestic construction of social security. China should establish a unified low-income groups social insurance individual payment relief and compensation mechanism, a migrant workers attending urban social insurance payment relief and compensation mechanism, and the regulation of endowment insurance individual payment relief and subsidies should be written in the Social Insurance Law of the People's Republic of China.

    Empirical Study on Current Security Status in China’s Minority Areas

    Cao Lina, Hu Sailong
    2014, 27 (4): 8-14.   DOI: 10.13766/j.bhsk.1008-2204.2014.0206

    In recent years, Chinese government has taken certain measures to increase the financial support in minority areas and the coverage of social security system has been extended and the social security condition has been improved in these areas. In order to measure the social security situation of minority areas, the paper chooses 5 autonomous regions and 30 autonomous prefectures and compiles an index of social security of minority areas according to the public statistic data. It is found that in terms of social security, among the 5regions, 3 are better than the average condition of the whole country; among the 30 prefectures, 7 equal the average condition of the whole country, and the rest are worse than the average condition of the whole country. In the minority areas, pension insurance policy is most inefficient, and medical insurance policy the second. The policy for the minimum living allowance is comparatively efficient.

    Study on Security Policy of Athletes’ Career Transition in Developed Countries

    Li Jingyuan
    2014, 27 (4): 15-19.   DOI: 10.13766/j.bhsk.1008-2204.2013.0537

    Athlete security policy not only concerns athletes' performance improvement and their career planning, but also affects the sustainable development of competitive sports. Based on the case studies of developed countries, the author summarizes five factors which would promote the effect of athlete security policy on athletes' career transition: complete legal system, comprehensive insurance categories, typical programs and projects, systematic education and vocational training, and extensive social participation. The more the athlete security policy conforms to these five factors, the better the athletes achieve career transition.

    On Patent Protection Improvement of Chang’e Project

    Cai Gaoqiang, Liu Gongqi
    2014, 27 (4): 20-24.   DOI: 10.13766/j.bhsk.1008-2204.2014.0166

    At present, China's patent protection law about Chang'e Project mainly involves the ownership system, the incentive mechanism, the management mechanism and the patent application process. However, with the reform of scientific research system of the national defense in China and the market operation of Chang'e Project, the existing patent protection system has such problems as the lack of patent protection of scientific research institutes, the insufficient protection of the inventor's rights and interests, the poor coordination of the management institutions and unreasonable patent application process. The improvement of the patent protection system of Chang'e Project must start from the explicit patent ownership, the incentive of innovation enthusiasm of the project undertakers and the improvement of the mechanism of patent management and transformation. At the same time, the improvement of the patent protection system should ensure the leading role of the aerospace patent for the national economic and social development ant it should also improve the international protection level of the Chang'e Project patent by perfecting the supporting laws of intellectual property rights protection in international cooperation.

    On Jurisdiction of Carrier’s Liability in Asiana Air Accident

    Yu Dan
    2014, 27 (4): 25-31.   DOI: 10.13766/j.bhsk.1008-2204.2014.0134

    The Montreal Convention of 1999 (MC) provides a set of uniform legal rules for carrier's liability in international air carriage. MC also stipulates five kinds of jurisdiction choice for plaintiffs and the determination of jurisdiction is one of most important factors in litigation since it always has influence on the litigation result. From the perspective of Asiana victims, a comparative analysis is made on jurisdiction rules of MC, and the conclusion is that there is little possibility for Chinese passengers to sue Asiana Airlines in the territory of US.

    Comparative Study on Cross-strait Air Carrier Flight Delay

    Li Xiaohui
    2014, 27 (4): 32-36.   DOI: 10.13766/j.bhsk.1008-2204.2013.0584

    Due to different political, economic and historical situations, the liability systems of the air carrier in Mainland China and Taiwan have similarities as well as differences. There exist some problems in the relative regulations of flight delay. The essence of flight delay and the liability limitation are not clear. There is no legislation on the insurance of flight delay. In Mainland China, the scope of the exemption excuse is too large to protect the benefit of passengers and the collateral duty is not explicit in the regulations. This paper gives suggestions on the standard of flight delay, liability limitation of the air carrier and insurance on flight delay of Mainland China and Taiwan. It is suggested that the exemption excuses should be reduced and the collateral duty of air carrier be elaborated in Mainland China.

    Losses Incurred by Performing Moral Obligation:a Critical Analysis on 2012 BaoXianShangYi No.1 Decision of the Taiwan Taichung High Court of China

    Zhang Guanqun
    2014, 27 (4): 37-41.   DOI: 10.13766/j.bhsk.1008-2204.2013.0609

    As the losses in this case incurred from the intentional conduct of the insured, the insurer, in principle, is relived from liability of paying proceeds pursuant to Section 2 of Article 29 of Taiwan Insurance Act which reads, "Insurer bear no obligation where losses is result from the intentional conduct of the insured". Nevertheless, the insured argued that her conduct? though intentional, is an act of performing moral obligation so that the insurer is still liable for the losses. Therefore, the issue of this case is whether the conduct the insured fall within the scope of Article 30 of the Insurance Act which provides that "The Insurer is liable for the losses incurred from the performance of moral obligation". This note introduces the "public conscience principle" from the Anglo-American Law and argued that weighing the losses incurred from the insured's injury due to donation of partial liver and the benefit of saving the life of the insured's husband, the benefit of life saving outweigh losses result from intentional conduct. Thus, the insurer still has the duty to indemnify the insured.

    Research on the Due Process of Relocation in Administrative Levy:Take the Opportunity of The Provisions of Administrative Procedure of Hunan Province

    Zhang Bin
    2014, 27 (4): 42-47.   DOI: 10.13766/j.bhsk.1008-2204.2013.0285

    Approved in 2011, House Acquisition from State-owned Land and Compensation Ordinance, which is based on the assimilated regulations of The Provisions of Administrative Procedure of Hunan Province, added the content of due process to make a levy decision, cancelled the regulation of demolition decision by government, and banned violent and other illegal means to relocation. To some extent, those regulations ensure the work of levy works. However, the lack of procedures stipulated in the relocation made administrative levy in impasse. Therefore, it is necessary to introduce due process in the relocation, thus ensure fair, just and open relocations by adding mediation procedure, statement procedure, challenge system and procuratorial supervision and inspection procedures.

    Investigation of the Basic Law Interpretation Mechanism Based on the Cases of Right of Abode in Hong Kong

    Li Peidong
    2014, 27 (4): 48-53.   DOI: 10.13766/j.bhsk.1008-2204.2013.0262

    In view of the difference of the interpretation system, the Article 158 of the Basic Law established a mechanism of the two-track interpretation of the Basic Law. As typical cases of the Hong Kong Court of Final Appeal referred to the NPCSC, a series of cases of the right of abode in Hong Kong have shown the conflict between two different interpretation systems, and exposed the lack of restraint to the reference to NPCSC. The paper tries to perfect interpretation mechanism of the Basic Law by clarifying the division of jurisdiction between the courts of Hong Kong and the NPCSC and by establishing the restraint mechanisms to the reference to NPCSC to interpret the Basic Law.

    On the Signifying of Marxist Philosophy

    Bi Furong
    2014, 27 (4): 54-58.   DOI: 10.13766/j.bhsk.1008-2204.2014.0220

    As a new direction in the study of Marxian theory, signifying started with the critique of ideology of the Marxist philosophy. It was generalized by the Western Marxists, extended from the super structure to economic base and resulted in the emergence of Semiotic Marxism.

    Reflections on Economic Democracy from the Perspective of Historical Materialism

    Wei Yanni
    2014, 27 (4): 59-61.   DOI: 10.13766/j.bhsk.1008-2204.2013.0457

    Academics generally believe that democracy only exists in the political sphere and democracy actually means political democracy. From the perspective of Marx's historical materialism, the paper holds the view that democracy exists not only in political sphere, but also has economic characteristics. Economic democracy is an important idea of historical materialism and a good alternative to capitalist society, which can improve the relations between people, between people and nature, thus achieve social harmony.

    Analysis of Silence Strategy and Risks for Conflict Management in Crisis Event

    Ma Daoquan
    2014, 27 (3): 1-5.   DOI: 10.13766/j.bhsk.1008-2204.2014.0042

    Silence naturally has the feature of avoiding conflicts because it has characteristic of attachment and polysemy as a nonverbal symbol of communication. Massive destruction of crisis event makes various conflicts to become concentrated and intense in a short period of time, as a strategy, silence contributes to structuring mechanisms of avoiding conflicts such as divergence, defense, intensification and so on in crisis management. But at the same time, the strategic silence of management results in the following risks: mystery of political persons and governments and uncertainty of event handling, passive images of political persons and governments in the public, the wrong decision made in the crisis management process.

    Resilience of Political Constitution

    Keith Ewing
    2014, 27 (3): 30-43.   DOI: 10.13766/j.bhsk.1008-2204.2014.0132

    The first part of this paper examines the nature and form of the political constitution, and argues that traditional approaches to its scope and purpose are too narrow in focus: the political constitution is about enabling and empowering government, as well as containing and constraining it; it is also predicated upon a body of core and indeterminate political freedoms (albeit frequently submerged and often displaced). The second part of the paper examines three contestable assumptions about what some claim to be a move from a political to a legal constitution. The first relates to the widespread (but flawed) ideological understanding of the political constitution; the second relates to the capacity of the "legal" to resist capture by the "political"; and the third relates to the effectiveness of the legal to protect political freedom. An attempt is made throughout unusually to illustrate argument with evidence, in this instance about the resilient political constitution.

    What’s Left of the Political Constitution?

    Adam Tomkins
    2014, 27 (3): 44-52.   DOI: 10.13766/j.bhsk.1008-2204.2014.0133

    This paper argues that we should move on from what has become a rather outdated contrast between the political constitution and the legal constitution. Taking as its focus the constitution of the United Kingdom, the paper analyzes the contemporary constitutional order as a mixed system of politics and law combined. It argues that such a mix may be a more compelling and attractive system than either the model of the political constitution or that of the legal constitution.

    The Same Constitution, the Different Politics:A Comment on The Constitution as the Basic and Higher Law

    Zhai Xiaobo
    2014, 27 (3): 53-59.   DOI: 10.13766/j.bhsk.1008-2204.2014.0129

    This essay is an analysis and interpretation of The Constitution as the Basic and Higher Law by Professor Chen Duanhong. In Chen's article, positivism and mysticism intertwine with each other, which led to many criticisms and misunderstandings among constitutional lawyers. The paper puts forward criticism on the puzzling and mysterious statements in Chen's article, such as "the Chinese People under the Leadership of the Chinese Communist Party is the constituent assembly", "Constituent moment is a sacred moment", and "democracy and dictatorship are unified in ‘the Chinese People under the Leadership of the Chinese Communist Party-". The paper also pierces through some of Chen's apparently inconsistent formulations to understand his political constitutionalism. Chen's contributions include highlighting the political dimension of the Constitution, demonstrating the real reason why the Constitution can not be judicialized, and pointing out the distinctive features of Chinese Constitutionalism. Chen stresses that "The Politics is the Constitution itself", which does not mean he believes that all political actions are constitutional; what he means to say is the implementation and updating of dominant wills in the Constitution is political; Chen's five basic laws are a theoretical description of the constitutional reality; this description serves normative purpose, but does not necessarily represent his normative positions. In Chen's political constitutionalism, "the political" is mainly concerned with the structure of real power: political constitutionalism calls for new social forces to move the hard ball of the current political system, and it requires these forces to be internalized into the formal system. "The political" is also concerned with the structure: political constitutionalism needs a new political structure to ensure the accountability of the power.

    How Can an Ecological Civilization of Marxism Be Possible?

    Tuerxunnayi Saimaiti, Li Jiewei
    2014, 27 (3): 75-80.   DOI: 10.13766/j.bhsk.1008-2204.2014.0126

    The current debate about ecological problems often falls into the ideological dilemma of binary opposition between no critical technicism and the ethical doctrine of romanticism. From the view of methodology, putting the relationship between human and nature into a specific social and historical circumstance, Marxism reveals the internal relations of capitalistic methods of production and the ecological crisis. From the view of practice, Marxism puts forward the reality and the possibility of socialist ecological civilization by organically unifying the progress of science and technology, national legal system and social ecological movement.

    The Activating Model of Contingency Plans Based on Multi-attribute Online Decision Making

    Yu Hui, Fu Chengbian
    2014, 27 (2): 1-6.   DOI: 10.13766/j.bhsk.1008-2204.2013.0526

    Through the continuous extension of the loss caused by the disruptions and the extension of the partial information of end time, the paper explores when managers should activate contingency plans based on the multi-attribute decision making method and concentration of loss function. In the absence of information of loss function about unexpected events, the author tries toconstruct anactivating model by taking the theory and methods of online decision making. The author also uses the competitive ratio to prove the effectiveness of the model. On this base,further numerical analysis shows the effectiveness of contingency plans.

    The Impact Analysis of Trainee Readiness on Training Effectiveness

    Cai Xiaoshen, Li Li
    2014, 27 (2): 7-10.   DOI: 10.13766/j.bhsk.1008-2204.2013.0215

    Training of civil servants at the basic level has always been the key to the quality improvement of the personnel of public administration. Training effectiveness has aroused the attention of both theorists and practical workers. Inview of the previous research on the trainee readiness, the paper puts forward the concept of readiness of training of Chinese civil servants at the basic level. The paper establishes seven dimensions and scales and a questionnaire survey is conducted to test the hypothesis of each dimension.Through the discussion on the relationship between the various dimensions and the training effectiveness, the paper builds a relationship model of the readiness of the training with the expectation to promote the training effectiveness of Chinese civil servants at the basic level.

    Is Compulsory Insurance Justified:Based on the Research of Equal Opportunities Orientation of Political Parties

    Dong Xiaoqian, Sun Yiping
    2014, 27 (2): 11-14,55.   DOI: 10.13766/j.bhsk.1008-2204.2013.0271

    In the report of the 18th CPC National Congress, equal opportunity is regarded as the basis and condition of making fair social security system. Under normal circumstances, the equal opportunity is a core concept in the field of resource allocation. In theory, the orientation of equal opportunity of Marxism parties tends to achieve the equal respect and free development of people. It also requires a substantial equal opportunity and favors the concept of universal health care. The most ideal way of universal health care is to adopt compulsory insurance mode, to advocate and establish collective idea and social responsibility. It also encourages people to buy insurance by reducing the fees. Moreover, in the process of policy formulation and implementation, respect for people should always be considered as a high priority.

    Indexing the Deliberative Quality:Review on the Methods for Discourse Measurement

    Huang Zheng
    2014, 27 (2): 15-21.   DOI: 10.13766/j.bhsk.1008-2204.2013.0316

    Indexization of deliberative quality is a method for deliberation measuring. Marco R Steenbergen and his fellows designed the Discourse Quality Index 1.0 based on Habermas-s discourse ethics, which aroused a lot of debates around the DQI1.0, including the doubt about the credibility of detail indexes, sufficiency, applicability and reliability of DQI1.0 in whole. As a result, researchers developed coding scheme for measuring deliberation-s content, intersubjective rationality index and DQI2.0 as a supplement for DQI1.0.

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