2014, Vol. 27 No.3
Publication date: 25 May 2014
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.
Based on the principle of social welfare,social medical insurance system is the core of the German medical security system, which stresses that the German government is the one responsible for the medical health service rather than the free market. The German health insurance system features national regulation, market-oriented operation of medical insurance fund raising and expenditure, non-profit public organizations and private performance providers. Despite the existence of specificity in different areas, the basic framework of health security system is widespread in all areas of health care services and plays a very important role in supporting and protecting the economic and social development in Germany.
The unruly/disruptive passengers are not properly punished because of the lag of legislation at international and domestic level. In order to curb the rising number of unruly passengers and the threat to the security of aviation, ICAO launched a special project which issued the Circular 288 and Model Legislation on Certain Offence Committed on Board Civil Aircraft, but the mission was not well accomplished. The legislation experience in US, UK and ROK proved that successful legislation on the unruly passenger punishment must be well drafted in the following three aspects: jurisdiction, list of offences and penalties for combating the problems. The legal system combating unruly passengers in China is almost suitable to fulfill its role, especially with the list of offences. To meet the need of modernization of Tokyo Convention and to maintain the aviation security in China, more coordinated legislation work concerning the jurisdiction and punishment of the unruly passengers must be conducted.
The falling of spare parts or debris of spacecrafts may cause personal injury and loss of property rights or interests of the third party in the territorial land, territorial seas and territorial airspace in a country. This act of tort should fall into civil tort, in which the damaged third party is the victim, while all the parties involved in the launch of the spacecraft are the responsible persons. The damage caused by the space launch activities should be applicable to highly hazardous liability. As to the liability principle, it should be strict liability.
The determination of a benefit conferred is the key to proving whether such a subsidy exists. Compared with static benefits, the determination of dynamic benefits is more complicated, but it is more and more imperative with the development of the international trade. DS316 and DS353 are the latest documents to be analysized about the dynamic benefits. On the basis of the SCM agreement, this dissertation aims to summarize the application of principles about the dynamic benefits in the disputes DS316 and DS353, so as to provide some references for China.
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.
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.
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.
Based upon the identity and restatement of the monist democracy for English constitution, Richard Bellamy designs a political constitutionalism within normal politics in his Political Constitutionalism to differ from the political constitution theories in Europe and America. He criticizes the foundation of judicial review through the nature of rights conflict and opens the political circumstance of this issue. As for the normative foundation of political constitutionalism, he adopts the notion of "Non-domination freedom" to rearrange the relations between politics and rights, which leads to a democratic framework of equality and participation. He does not say no to the constitutional politics absolutely, but argues that normal politics itself has constitutional sense and priority. Such kind of more modest political constitution theory can provide good enlightenment for the Chinese jurisprudence of political constitution and give a meaningful direction for recent constitutional transition.
In justifying judicial review, the traditional explanation resorts to the theory of natural right, and the classic formula is this: the fundamental rights do not depend on the outcome of any kind of vote. But this is not self-consistent theoretically. The logic of judicial review, therefore, needs to be understood within the structure of the popular sovereignty itself. From the perspective of democracy, the court is produced within the structure of a democratic state, and judicial review is conducted in accordance with democratic rules and procedures. From the perspective of democracy, judicial review is the balancing valve of the political constitutional structure.
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 technical reason excluded from the characteristic of value is the rational basis for industrial civilization, and the social problems caused by technology application require to review the technical reason. This paper tries to deconstruct the error ideas about the technical reason in the traditional philosophy of science based on the value of ecological civilization perspective, to analyze the deep influence of technology for human survival way by describing the experience of the technical problem, to analyze the double social effects of technology evolution and alienation, to point to the technology of modern way of life itself and its epistemological root, to reshape a technical rational view that contain its inner purpose, in general, to explore to realize the rationalization of the new way of thinking that included the idea of the ecological civilization value into the technical reason.
Based on the cost-utility theory, this article tries to build a model of endogenous economic growth of population to indicate that economic development has an impact upon population fertility. By analyzing the result of the numerical simulation of the model, the article finds that, in the stabilized state, there exists an inverted-U'shaped relationship between the economic development and the population fertility. The result of the empirical test, to some extent, proves of the correctness of the theoretical analysis.
The current construction of county tourism branding remains stagnant. To solve the problem and promote the healthy development of county tourism in China, a research on the tourism industry in Qujiang is made and a SWOT analysis is conducted. Based on the result of the research, the paper finds that the deterrents for the development of the county culture include the lagging culture outlook, the poor culture resources and the lack of talents for culture operation, which influenced the further development of tourism industry in Qujiang. The paper proposes that it adopt soft-power based brand building to improve the competitiveness of tourism in Qujiang with a focus on concept, strategy, solutions and resources.
Heidegger's existentialist view of language is ontological. Based on his distinction between existence and existent, Heidegger treats human beings as a special kind of existent, or linguistic existence, from which he further explores the meaning of existence and nature of truth. In this way the relationship between existence and language can thus be explained in a philosophical sense, where language divides and combines different forms of existence, which are simultaneously reflected in language itself, thereby making language a prerequisite for human beings to understand existence. Deeply shaking the western traditional view of existence founded on the objectified thought pattern, Heidegger's existential view of language is an irrationalist transcendence of the western traditional philosophy since the Platonic times, and makes the linguistic turn of western philosophy eventually come true.
James Fenimore Cooper's masterpiece The Last of the Mohicans is generally believed to be a frontier romance or historical legend. However, the novel is abundant in gothic traces and can be read as a gothic novel to some extent. This paper tries to reveal its gothic features from the analyses of several characters and important settings and finds that the caves and graveyards are Americanized gothic settings and the horror brought by Indians is no less than the horror brought by demons and ghosts in traditional gothic novels. The insecurity and uncertainties White characters felt in a strange environment are projected into the setting to create deep horror. Cooper has integrated the gothic elements with American experience and wilderness to realize his domestication of the Gothic. The different gothic writing has great significance on Cooper's writing career and American literature.
Ian McEwan, the British contemporary author, is known as the "Horrible Ian". Published in 1978, The Cement Garden is a "gothic novel" describing four siblings-growth after their parents-death. Due to a severe lack of social norm and due attention, the four children grow up in a painful, disordered and chaotic way. Reading this novel under the framework of Bahktin's carnivalization theory, this article discovers that laughter serves as a clue symbolizing their ascending from self-debasement into maturity. It can be understood that these children laugh to celebrate power handover, to mock at the parental authority; simultaneously, they laugh to sing a psalm for renewal and to say goodbye to the past. Instead of loitering around on the ethical wasteland, as is misunderstood by most critics, these children strive for the right of freedom in a carnivalized way; they use laughter as a source of nutrition to flowers growing in the cement cleft.
Influenced by traditional translation theories and practice, traditional translation teaching tends to adopt the method of example practice which is usually absent from any context and far away from the real situation. Ethically speaking, traditional translation teaching needs to be improved in the aspects of subject, material and method. This thesis suggests that in translation teaching students and teachers be considered as the subject, translation theories and practice be treated equally, literature translation and practical translation be of equal significance. The method of "brainstorming" and "workshop'style classes" should be adopted in translation teaching to solve the problems like "Who is participating the translation teaching activity?" "What to teach?" and "How to conduct translation activity?"
Practice, an important part in French engineer education, adopts a"three'stage"model. In the development of global economic integration, the internationalization of the engineer education in China should be emphasized. The practice in Sino-French Engineering School of Beihang university is strengthened step by step, which emphasizes that the practice should meet the needs of the industry and aim to train high qualified engineers to achieve a beneficial cooperation between both schools and enterprises.
The internationalization of higher education in China leads to a new cooperation model between higher education and the countries of non-universal languages. By analyzing the characteristics of the training of engineers of non-universal languages, the paper indicates that the teaching of non-universal foreign languages with the training of engineers as its purpose is different from the teaching of specialized foreign language and that of second foreign language and that the engineer training courses taught in non-universal languages is different from the current bilingual education for science and engineering majors in China. To solve the problems in the engineer education, the paper presents the curriculum, teaching methods, curriculum integration and teaching organization of Sino-French Engineering School of Beihang University, which aims to provide new ideas for the international cooperation of non-universal languages education.