2012, Vol. 25 No.2
Publication date: 25 March 2012
China-s modern administrative system consists of administrative organization system, social management system, public service system and administrative performance evaluation system. The 30-year history of transformation of China-s administrative system has been evoloved around the four themes of breaking the over-centralized planned administrative system, transforming government functions and establishing the macro-control system, optimizing the government structure and enhancing the administrative efficiency. Five main lines stand out through out the entire process: reform of government institutions and transformation of government functions, adjustment of the central and local authority, perfection of administrative legal system, and building of a government that people are satisfied with.
The implementation capacity is the core ability of government. And it has been researched from various angles in academia. Also, it will be meaningful to study from the theoretical and practical aspect of the new public management. The core propositions of the new public management are related to the government implementation capacity, and there are many factors that affect the government capability in its values and the practices. Thus it will be an effective way to improve the government implementation capacity by constructing a government with a strong sense of mission, strengthening and improving government performance evaluation, advancing the institutions related to implementation and strengthening the construction of administrative culture.
Each of us lives in a modern state but there is a challenge from the anarchists that whether the state should exist or not, that is, whether justify the state? If we agree that can justify the state, what is the basis of justification of the state? Christopher W Morris argued that justifying the state is to certify that the power of justification of the state is just, right or reasonable. In face of the difficulty in justifying the state in the theories of Locke and Nozick which is the dilemma of justifying the state so long as we agree individuals have the rights of life, liberty and property. The way to deal with this dilemma of Morris is to make use of the concept of seminatural rights and in order to protect the seminatural rights of individuals the sate needs to provide justice and take actions effectively. Consequently, Morris justifies the state by way of the conceptions of justice and efficiency.
Korea is a country with frequently occurring emergencies and disasters in Northeastern Asia.Apart from natural disasters, Korea has been challenged by politicial, economic-technical and social disasters. In recent years, Korean emergency management has experienced a distinct transformation. It has changed from reponse to natural disasters to dealing with all types of disasters comprehensively. The trend of Korean emergency management shows more and more obvious characteristic of all hazards,all phases and all participations. It is developing towards the direction of comprehensive emergency management.
Fukushima nuclear leakage is intensified, and its technical risk caused by an extension of social amplification is constantly spreading in Japan and around the world. The paper takes the" framework of risk society amplification " as the tool, analyzes performance, features, and mechanisms of the social amplification effect of "Fukushima nuclear leakage", and suggests the policy implications about the perception, prediction and circumvention of social risk in specific major projects construction in China.
After a long-standing development, the space commercial launching insurance has taken shape. At present, the US, Russia, France and other major space powers already have the laws for space activities to standardize the commercial space launch insurance. But in China the commercial space launch insurance law system is in a situation of disorderly regulations, and lack of basic legislation; it is also short of market rules for commercial space Launch insurance and solutions for such problems as specific disputes. In response to this, our country should supplement related provisions for space launch insurance to the existing insurance law, allow foreign capital insurance companies to come into the commercial space launching area, make space activities rules as soon as possible to standardize space insurance business, and establish outer space activities commercial dispute solving mechanisms including insurance dispute solving mechanism.
In recent years, as the space technology in the Asia Pacific region is continuously developing with increased space activities, the research and construction of Space Law is becoming a vital issue being widely faced. The countries hope to promote their developing capabilities on Space Law through regional cooperation, in which field Asia Pacific Space Cooperation Organization (APSCO) plays a very active role. According to the current situations, APSCO should establish a special center for Space Law and, based on successful experience, creatively construct the center to improve research, practice and professional training of Space Law, in order to offer a favorable legal guarantee for the development of space technology in Asia Pacific region.
In order to prevent and punish the illegal acts threatening the safety of international civil aviation, the international community has always been committed to the legislation development of aviation security, which culminates in the widespread adoption of International Aviation Security Conventions by various nations. The Chinese domestic laws do not have clear rules regarding the application and transposition of International Aviation Security Conventions, which cause many problems in both theory and practice. By highlighting the interface and interconnection between the domestic law and international law, we should clarify the legal force of applying International Aviation Security Conventions in China, and perfect the domestic legislation so as to better fulfill our international obligation, crack down on international civil aviation crimes and safeguard the order of international community.
Aviation catering tort relates to several tortfeasors, such as aviation carrier, catering company, airport, Security checker,whose bases of duty are not the same, unless in an aircraft wet lease. The victim-s special corporeity dose not influence his claimant, unless the victim owns the contributory fault because of this. Whether the tortfeasors undertake eventual liability, is determined by his character of act or business, and the aim of the law. The share of liability is not determined by the causal force, but by the risk proportion rule.
This paper analyzes the special problems in affiliated enterprise-s bankruptcy and reorganization, points out that the process of "affiliated enterprise-s consolidated reorganization" should be used for the problem solving when necessary, and, through comparison with other means of regulation, points out the necessity of using this model in our country. This paper points out the necessity and feasibility of the establishment of affiliated enterprise-s bankruptcy and reorganization from the theoretic aspects of Philosophy of Law, Law and Economics, Civil Law and Economic Law, and using the experience of the substantive consolidation principle-s application in the United States and exploration cases in our legal practice for reference, analyzes and discusses the theoretical and practice basement of the affiliated enterprise-s consolidated reorganization system.
The current people-s mediation is an important legal system with Chinese characteristics. It has inherited and developed the history of civil mediation, and is constantly improving itself in practice. In April 2008, the Judicial Administrative Office and the People-s Mediation Committee of Jinxiu Town, Jinxiu Yao Autonomous County, Guangxi, resolved a drainage dispute through the way of mediation. In the process of conciliation, on one hand they concluded the modern value of the indigenous customary law, and on the other, they used the traditional customary law of dispute resolution in the history of the Yao ethnic group. So they solved perfectly the conflict between the villagers, and got a good social effect.This suggests that the customary law of the Yao ethnic group has an important practical significance of dealing with disputes in contemporary China.
The theories of Fuzzy Laws is produced for the legal practice, it contains the technical characteristics that given it practical and flexible learning. The theories of Fuzzy Laws is not just a theory for law, it is also a set of available operations, the practice of technology can be widely used in legislation and judicial practice. Fuzzy language variables in the application of legislation to increase the spiritual and the toughness of the law; and the fuzzy inferencing applied in judicial decisions can make the adjudication become more and more accurate.
The double crises theory of eco-Marxism is an important theorey and a method of thinking to comprehensively understand and scientifically respond to the financial crisis and ecological crisis at present. By elaborating and using the double crises theory, the paper proposes that the financial crisis and the ecological crisis are the double crises that the humans are faced with. The paper holds that the ecological crisis is a major source that started the financial crisis, and the financial crisis can either exacerbate or ease the ecological crisis. The paper thinks that socialism with Chinese characteristics is the hope to respond to the double crises.
The traditional formal logic, the Kant?s transcendental logic and speculative logic all study the thought forms. All of them are the generalized formal logic. Because the thought forms and the thought contents have not been truly unified in the first two kinds of logic, the thought forms are not the true thought forms. Thus the first two kinds of logic are not the true formal logic. As the thought form and the thought content have been truly unified in speculative logic, the thought form is the true thought form. Thus speculative logic is the true formal logic. The article also discusses the attitude of the three kinds of logic on the law of non-contradiction of traditional formal laws, which further clarifies the relationship between the three kinds of logic.
We analyze the volatility of the exchange rate of various foreign exchange reserves based on VAR model and present dynamically the risk of the different currency structure of foreign exchange reserves by using DCC-GARCH model combining with the conditional value at risk(CVaR). Ultimately, according to Markowitz mean-variance model, we propose the mean-CVaR model to study the dynamic optimal currency structure of China-s foreign exchange reserves under different target yields. The results show that dynamic allocation can reduce the CVaR risk of foreign exchange reserves significantly at the same given yield rate.
Airport noises have become one of the most important noise pollutions in cities. The essay builds up the models which can estimate the environmental external costs of airport noises by use of HPM method, taking the Capital International Airport and other five international airports as the subjects of empirical research, measures the environmental external costs resulted from the noises in 2008,drawing the conclusion that there are environmental external costs around the airports in China. On this basis, the policies and suggestions are put forward on the internalization of its environmental external costs by implementing airport noises charging.
The construction of a resource-conserving and environment-friendly society is a new measure put forward by the Party Central Committee and an intrinsic request for us to apply the scientific outlook on development and build a harmonious society; meanwhile it is also a long-term difficult task. Gansu is an environmentally frail province, its economic development is lagging behind, and its construction of a resource-conserving and environment-friendly society faces many problems. For instance, the serious ecological destruction problems, the serious environmental contamination problems, its extensive pattern of economic growth is not completely changed, the consciousness of saving of the general public is not strong enough and so on. Therefore, borrowing the successful experience of Japan and aiming at the reality of Gansu,the article suggests that only by developing a recycling economy and a low carbon economy rapidly, changing people-s ideas, adjusting the consumption mode and establishing the saving consciousness of the general public, can we build a resource-conserving and environment-friendly society and realize the harmonious development between human and society and human and nature.
This essay mainly focuses on the quantitative results and statistics of Great Expectations, one of the representative novels of Charles Dickens. By applying corpus linguistics tools, the emancipation progress of Magwitch is revealed and the consciousness of this figure is presented.
Kazuo Ishiguro-s debut novel A Pale View of Hills is considered to be a skillfully written novel and it shows deep concern for reality. The seemingly unrelated three threads are actually woven together by the theme. The present article, beginning with analysis on its multi-thread feature, shows that this is an excellently constructed novel. Besides, the ‘disinterested- cross-cultural insights of the author is another merit of the novel and can be seen as a new connotation of his "international" writing. As a Japanese-British writer, Kazuo Ishiguro in choosing his standpoint succeeds in freeing himself from the limitation of his ethnic and national identity. Through telling a guilt-haunted story Ishiguro presents a moral predicament which confronts both eastern and western culture. Thus "I and Thou" as formulated by the German philosopher Martin Buber provides a possible way out.
The college students are the bright future of our motherland, the tremendous hope of our nation, and the shining small sun of the family. They have to shoulder the great responsibility of the construction and take-off of our country. How to innovate college career planning and tutoring system and combine the school education objectives with student-s personal development goals These are the urgent problems of advanced education. Considering the after effect and passivity of college career, this article, from a view of the overall situation, combines the multi-objective decision-making with BP artificial neural network appropriately, and constructs the general diathesis estimation model for university students. Not only does the research enrich the theoretical methods of university career planning, but also provides an effective implementation tool and instrument for scientific evaluation on career planning.
Relationship between tutor and student is an important foundation for graduate education, and to build a harmonious relationship between tutor and student will help improve the quality of graduate education. By analyzing the recent literature on the relationship between tutor and student, the paper points out that the building of relationship between tutor and student must be focused on three main points: define precisely the relationship between tutor and student in real terms, analyze comprehensively the factors that affect the relationship between tutor and student, and grasp the key points in building a harmonius relationship between tutor and student.
Mathematical intuition training is one of the main aims of mathematical thinking quality cultivating in college mathematical teaching. It is also the key concern of development of college students- mathematical foundation and mathematical application skills. In this paper, we analyze the relationship between mathematical thinking and mathematical intuition in the view of pedagogy and cognitive psychology, investigate the importance of engineering advanced algebra knowledge for training mathematical intuition of college students and discuss the teaching method according to cognitive structure. Based on the teaching practice of spatial analytic geometry and advanced algebra, we show the importance of mathematical intuition for mathematical thinking of college students by two examples.