2011, Vol. 24 No.1
Publication date: 25 January 2011
Since the 1960s, with the appearance of the defects of traditional bureaucracy, Western countries have carried out new governmental administrative reforms resulting in the endless emergence of new methods and theories. The Chinese government is faced with a key step in its transformation which is in dire need of administrative management reform. However, in the context of undeveloped civil servant system, traditional culture, developing civil society and market system, new theories from the West are not fully suitable for the Chinese situation. Therefore, further modifications to the existing theories are urgently needed for the Chinese governmental administrative innovation.
This article tries to research on the developmental pathes of Government-organized Industry Associations(GOIAs) by focusing on the relationship between GOIAs and government. Based on the empirical investigations, this article describes the operation of the industry associations and analyzes the game playing between governments and associations, pointing out the limitations of the two pathes instructed by the theories of civil society and corporatism, and then constructs the developmental path of industry associations from the angle of governance theory.
The procedure of crisis decision is the rule of crisis decision, and it is the step to be followed for scientific crisis decision. The procedure of crisis decision is no-procedural, an effective crisis decision must be no-procedural, but it has procedure in the no-procedural crisis decision. In practice, no fixed procedure can be followed in the process of crisis decision-making, each mode of procedure has its corresponding crisis situations, and it is only effective to use the procedure flexibly according to the specific crisis scenarios.
With the development of higher education and the rapid expansion of the higher institutions, security management is becoming increasingly.important. By combining the crisis management theory and security work, it’s an important way to constitute an effective system of security management in higher institutions based on total prevention, and the systems of full prevention, effective coordination and wide participation by the means of institutionalization. It will clear up and mimimize the bad influence of breaking crises and potential ones, and to set up a harmonius and safe campus for teachers and collegers.
The European Space Agency and the European Union have developed relevant legal regimes concerning international space cooperation and space applications, and a common European Space Policy has also been formed by these two regional organizations, which makes European space activities and cooperation a unique feature in the world. The two regional organizations have not only cooperated with each other in space projects, but also coordinated in their space policies, demonstrating a tendency of merge of their institutions. European space law and policies have important influences over the space law and policies of China and Asia.
As common inherited property, outer space is neither ownerless property, public property nor common property; mankind does not have ownership of possession, usage, benefit and punishment. The right of mankind to common inherited property resembles the usufruct right. ‘Common Inherited Property of Mankind’is not international practice, international law principle, binding law, political character or philosophy character, but an International Law concept which is still under development and has an important progress meaning, and it is a succinct generalization to the legal position of Outer Space Law.
Flight delay is becoming a more and more prominent issue in the air carriage contract dispute, and gradually begins to exist as "normal delay". However, current international treaties and domestic legislations share no consistent provision on the definition, nature and responsibility of flight delay. In fact, there is a reasonable delay of flight delays and unreasonable delay in the points. Accordingly, if a carrier is in the event of a reasonable delay, it should not be exempt from the Due Diligence anyway; whereas in the event of an unreasonable delay, the carrier should be liable for losses. The "Service Standards for Abnormal Flight at Chongqing Jiangbei International Airport", as the first standard promised and specified by the carrier, although it clearly defines that economic compensation must be given to flight delays over 4 hours caused by the carrier, compared with countries with mature aviation laws, we still have a gap on the compensation amount and detailed obligations for carriers.
Liability limits related to delay in the carriage of persons is specified in the Warsaw Convention System while China Aviation Law does not distinguish that from liability limits in case of death or injury of passengers in its provisions. The method for conversion of the monetary units with national currencies prescribed in China Aviation Law does not comply with the Warsaw Convention System and the wording of the specific type of currencies is also inappropriate. Based on the analysis of related provisions in China Aviation Law and the Warsaw Convention System, this essay clarifies the provision of liability limits related to delay, and provides suggestions to the amendment of China Aviation Law, making it coordinated with the Warsaw Convention System China has contracted.
Article 56 of Antimonopoly Act provides, "agricultural producers","farmers specializing in cooperative economic organization" and "rural collective economic organizations" are the subjects of Agricultural Exemption in antimonopoly law. "Agricultural producers" include the following: the producers of agriculture, forestry, animal husbandry, fishery in narrow a sense; those who artificially cultivate plants and animals and the those who obtain the wildlife; Natural persons, legal persons and other forms of organizations; pure and vertically integrated producer; the one who provides all their own work and accept the labor of other producers. "Farmers specializing in cooperative economic organization" include the following organizations: the organizations with bonus sharing and the organizations without bonus sharing; "Specialized Farmers Cooperatives", "stock cooperation" and "professional association"; Geographical joint and cross-regional joint organizations. "Rural collective economic organizations" include "peasants collective of the villagers" and "peasants collective of the villager’s groups".There are several legal loopholes in the latter two and they should be supplemented.
The occurrence of the right for land space does not infringe the "one-property-one-right" principle. If the right for land space is admitted, setting several cubical property rights on the land doesn’t infringe the "one-property-one-right" principle, because the several cubical property rights are not on just one property but on several properties. If the right for land space is not admitted in which land and the space on the land can be viewed as one property, setting several cubical property rights is also in accord with the "one-property-one-right" principle, because the "one-property-one-right" principle is actually one that does not permit setting several occupied property rights on only one property at the same time, i.e., not permitting violating the exclusive principle of property right. The several cubically set rights on the land, whose right scopes are different, can simultaneously have occupied property rights, and therefore do not infringe the "one-property-one-right" principle. In addition, the right for land and space is not a new property right either. It’s a special right on land. The object corresponding to the right for land and space is some space around the land, is the kind of sub-property-right admitted by law, and therefore doesn’t violate the principle of law-stipulated property rights
For efficiency of the proceedings of the considerations from the Anglo-American law, the plea bargaining system, due to the obvious advantage of the system, changed from the "supporting role" of the first days when it was first established in the United States, to have become a "leading role"; this change also affected to some extent the traditional civil law countries. In Italy, the birthplace of Roman law, the 1988 and the subsequent revised Criminal Procedure Law is also added with a plea bargain in the nature of the agreement process. What are the differences and the inspirations of the two plea bargainings under different legal and cultural traditions? From several aspects of this comparative analysis, this article provides some reference to China-s legislation.
The philosophical base of the ancient moral education thinking is the ontology thinking pattern and rational human nature, and the theory meaning is to mold the individual according to the national community. These theory meanings have two fundamental features: one is to seek morality, with which to defend the nation; the other is to mold the individual according to ideal morality, so that he becomes the citizen that the nation needs.
Risks of modernity have a lot to do with the reflexivity of knowledge. The mutual construction of modernity and knowledge means that it must rely on reasonable knowledge strategy to introspect and resolve the risks of modernity. Any declaration of absolute truth and ultimate knowledge can only intensify the risks. We must acknowledge the bounded rationality of knowledge, and explore the fusion of natural science, social science and liberal arts in practice, so as to realize the critique and self-criticism of knowledge and value.
This paper mostly focuses on comparing the relationships between investor sentiment and stock return in bull and bear markets as well as studying the difference of investor sentiment’s influence on stock return between Chinese and American markets by using regression analysis, VAR model, impulsive function and some other methods. The investor sentiment indicators picked by this paper consist of BSI, CEFD and Consumer Confidence Index. An empirical analysis shows that: (1) In Chinese market the impact of investor sentiment on stock return in bear market is more significant than the effect of investor sentiment on stock return in bull market. (2) Investor sentiment has bigger influence on stock return in Chinese market than in American market.
Using expected shortfall (ES) as credit portfolio risk measures, this paper models the obligors’ asset correlation by t-copula and calculates credit portfolio loss distribution by applying small sample asymptotics. Then, through comparing the results under gauss copula and t-copula, we get a proper method to calculate the coherent risk measure and study model risk in modeling obligors’ asset correlation.
An analysis is made of the mechanism of Functional Principal Component Analysis, and a new method of hierarchy clustering for functional data is presented, with which visualizing the original high dimensional datum in a low dimensional space is realizable. A definition of distance between functions is given. The relationship between the argued form of distance and the Euclidean distance is investigated. To prove validity, the proposed method is applied to classify the quality of cookies from curves representing the resistance of dough observed during the kneading process.
In light of the incomplete previous air traffic control system, an accurate evaluation is made from implicit and explicit aspects on the safety status of the air traffic control system. Implicit aspects include such basic elements as humans, facilities, environment and management of the air traffic control system, on which the index system is established. Kaufmann and Gupta’s fuzzy durfee is adopted for the first time to get the relative degree of the index system membership, avoiding fuzziness and inaccuracy of the expert estimation, which laid a solid foundation for evaluation on implicit aspects. Set-valued statistics is offered on explicit aspects to evaluate the threat degree of the index. Finally, examples are provided to evaluate the safety status of the air traffic control system. Empirical studies indicate the method is a valuable reference which can reflect the exact safety status of the air traffic control system.
Based on the comparison of character choices, plot conflicts and ending designs between Chinese and western tragedies, it is found that the differences in Chinese and western tragic spirits mainly lie in the following aspects: Chinese tragedy originated from tragic drama and is to focus on the ethical relations of the people and to pursue the harmony between human and nature, which shows weak individual self-determination consciousness; while western tragic spirit develops from dithyramb and is to emphasize harmony at the expense of sacrificing individuals, which shows strong individual self-determination consciousness and the introspected contradiction between the historical relation and ethical perception.
In this paper, the author intends to interpret LOLITA by Lacan’s theory of mirror image, unconscious desire and the symbolic. Mirror stage is an important stage that we must go through in our life. People who see reality through the mirror will mistake what they see. As in the novel, by the mirror of the relation between Humbert and Annabel, Humbert takes Lolita for Annabel. Humbert’s love for Lolita is dislocatioin in recognition which indicates the deception of human cognition. By analyzing the novel , the author means to reveal the cognitional displacement and deception and influence resulted on life by the earlier human memory.Therefore,if you want to find true love,you must get rid of the deception of recognition.
Charlotte Bronte’s novel JANE EYRE has come to occupy a position of privilege in the feminist canon since it has a special female voice. Meanwhile, the call on the ‘reader’ becomes one of the important features of the novel. The paper tries to analyze the relationship between the narrator and the reader depending on Michel Foucault’s theory about the confession.The work is a course of confession, which means the narrator gets identity by the act of confiding, while the reader gets power by the act of confiding.The work’s meaning comes from the mutual action between the narrator and the reader, which also shows Charlotte Bronte’s idea about narration.
As an important part of the higher education system in our country, universities with industry background have made a great contribution to promoting the development of higher education and national economic construction. This article describes the concept and characteristics of universities with industry background, analyzes some problems such as alienation from industry sectors, desalination characteristics in the course of discipline extending, vague functional orientation of the regional service, and lack of targeted evalution system in the development process of universities with industry background, and puts forward corresponding countermeasures and suggestions in the end.
Based on Essential Science Indicators, the paper gives a recent analysis of the the number of papers, citations per paper and highly cited papers by the seven universities directly under the Ministry of Industry and Information Technology of the People’s Republic of China. The paper gives a specially deep analysis of the authors of the highly cited papers. The paper reveals the real academic positions of these universities in the international and national scopes through the quotas data, and also gives corresponding information of Tsinghua University and Peking University.
A survey of English Learning needs analysis has been done about the 2008 freshmen of sciences and engineering by conducting questionnaire and interview. The data indicate that the freshmen of sciences and engineering are highly inclined to video watching, listening and speaking in the macro-learning strategies and classroom styles, and to humanity knowledge as the learning materials, which reveals much proximity to the teaching objectives laid out in THE TEACHING REQUIREMENTS OF COLLEGE ENGLISH COURSE (2007) by the Ministry of Education. This study also reveals that, in college English learning, the learners give much priority to affective experience of classroom achievements and positive emotional feedbacks from teachers. It is based on these findings that the authors have put forward some suggestions as to the reform of college English teaching.
This article describes a general music education curriculum, aimed at science and engineering universities, that is structured with four individual but interconnected sections: introductory, advanced, discussion-based, and practical sections. The formulation of this curriculum employed quantitative and expressive research methods: surveying 568 science and engineering undergraduate students, examining general music education programs in 18 top universities in China and abroad, and researching the guidelines and related documents of general art education by the Ministry of Education. Thus, the article further proposes four strategies: detailed analysis, general streaming, internet-based,and hands-on practices, providing guidance in the reform of the current general music education curriculum.