2015, Vol. 28 No.2
Publication date: 25 March 2015
The development of internet accountability in China has its own political, economic and social foundations: democratization provides the political support and higher living standards along with the popularization of the internet are the economic foundation. The emergence of online communities enables a wider spread of social conflicts, which is the social foundation for the internet accountability. In the future, the internet accountability in China will accelerate with the political, economic and social supports.
Since the reform and opening-up in 1978, China has been going through drastic changes and gained a lot in its economic field, which stimulates great curiosity and draws much attention around the world. Thus a hot research field "The Research of Chinese Model" came into being with more and more scholars becoming interested in studying China. This paper first discusses the inappropriateness of the connotation of "Beijing Consensus" and the appropriateness of the connotation of "Chinese Model", then points out that "Chinese Model" is a set of institutional designs developed by the Chinese government in exploring the unique development road. This paper argues that the "Chinese Model" mainly includes political institution, economic institution, social institution, cultural institution and foreign affair institution. This paper also points out the corresponding tactics to make the "Chinese Model" sustainable after analyzing the characteristics of and the challenges facing the subsystems of the "Chinese Model".
Emergency plan is an important constituent of emergency preparedness. But in emergency management practice, China's emergency plans are often criticized for lack of pertinence, practicability and maneuverability and they have to be improved in effectiveness. The key point to solve the problems is to correctly handle seven relationships between plan and planning, target and capability, prediction and fact, simplicity and complexity, division and coordination, details and agility, centralization and de-centralization.
With the diversification of risk in the contemporary world, an overall transformation of risk governance from governance target, object, to authority structure and performance evaluation system has taken place inevitably. Under this background, by using people's fear for risk, security service companies have made a great success in the risk governance. Moreover, by combining security service with special risk narrative logic, the security service companies have made risk governance a "self-producing, self-strengthening" system, in which the operation not only satisfies people's risk governance demand, but constantly creates new demands as well.
NIMBY conflicts are triggered by inappropriate compensation or poor communication superficially, but deep down they are caused by cognitive bias among government officials, experts, and the public involved in the policy. This bias not only affects surrounding publics' behavioral intentions but also their direct actions. Existing literature mainly focuses on the origin, causes and coping strategies of NIMBY conflicts with little emphasis on the cognitive differences among the different conflict subjects. With the application of fuzzy Delphi method to construct a set of assessment framework, the study tries to reveal the different subjects' attitudes on NIMBY cognitive strategies and seek true reflection of the surrounding publics.
Experts participation in crisis management is determined by the following factors: lack of scientific knowledge of the public, division of labor brought by social function and formation of the democratic value of science and technology. In the process of the crisis management, experts' trust failure becomes a problem. Public tendency to idealize experts' knowledge, value preference of experts' knowledge, failure in guaranteeing the effectiveness of experts' participation and insufficient information transparency are the theoretical and practical causes of the trust failure. The paper puts forward some suggestions on regaining experts' trust authority: establishing the experts' personal information repository, enhancing the risk cost of experts being bribed and improving communication mechanism.
With frequent activities of various countries in the outer space, the probability of damage caused by space debris is also increasing, which lays a legal foundation for the research on the international regime of liability of the damage for the effective regulation of outer space activities and the relief of victims. By analyzing the various types of sources of international law relating to the liability, it is found that though there is no specific law for the regulation, according to the close relationship with space objects and activities in outer space, the international system concerned can be used to the liability of the damage caused by the space debris. And the maxim lex specialis derogat legi generali is a generally accepted rule of interpretation and conflict resolution.
With more and more activities in the outer space, the space environment is deteriorating, and there are deficiencies in both international and internal space law. Based on the process of space debris removing, this paper puts forward legal restraints China should abide by as the main responsibility in the removing and legal protection other countries should seek as behavioral agent causing damage to China's satellites. The paper also suggests constructing legal mechanism on the research and test process about removing debris satellites, such as risk evaluation, admission register, scout warning, response mechanism, and compensation system of punishment. Finally the paper suggests speeding up the development of the national law, making use of international treaties and strengthening national space debris mitigation criterion and legal mechanism.
As a significant concept related to financers'security interests in space industry, space asset was for the first time introduced in the Cape Town Convention of 2001 and defined under the Space Protocol of 2012. By examining and analyzing closely this new concept, the paper clarifies the applicable rules related to space asset and aircraft object under the Aircraft Protocol of 2001, and compares the differences and similarities between space asset and space object under the UN Space Treaties. The paper holds the view that the approach adopted in defining space asset can circumvent the impasse of delimitation issue and broaden the scope of assets, which is practically advantageous. However, certain concurrence of applicable rules is possible between the Space Protocol and the Aircraft Protocol, which may cause legal uncertainties. Besides, the space asset is different from the space object in terms of legislation orientation, value and approach, but also there are similarities and overlapping areas. Study on the concept of space asset would contribute to the understanding of its influence and challenges for the current international space law.
Modern constitution confronts a lot of new challenges. These challenges include: governments today have felt obliged both to enter into intricate arrangements with other governments through international networks (which can lead to a blurring of the inside-outside distinction) and increasingly to involve private actors in joint arrangements to meet public objectives (which can lead to a blurring of the public-private distinction). To overcome these questions, some scholars suggest either promote global constitutionalism to compensate for a perceived de-constitutionalization at the national level, or conceive constitutionalism as a free-standing and overarching concept which shapes the practices of governance from local to global levels. But these suggestions lack the background of Staatslehre and ignore the nature of sovereignty, state and constitution. Different from organizational law about government, constitution is the constituting rule about sovereignty and state. The most basic element of constitution is the generally accepted belief that political power ultimately rests with an entity called the people. So, modern constitutional discourse will be unduly strained at the international level if it continues to be founded on the idea of popular anthorization. This realization has led to the emergence of constitutinalization as a free-standing process of rationalist constitutional design. Without the people as a long-stop, the process threatens to transform itself into a new phenomenon, which might be called authoritarian constitutionalism.
One notable feature about the debate between "liberal" and "political" constitutionalism has been its elite focus. The courts and the legislature are discussed in efforts to determine the appropriate role of each in processes of constitution-framing and changing. But this task is often set up implicitly as a zero-sum game. Although it might be claimed that citizens are tangentially relevant to this power struggle, a detailed account of whether citizens should, and how they might, play a direct role in constitutional authorship is seldom, if ever, placed on the table. This paper considers the elite orientation of this debate, questioning whether this is in normative terms acceptable, and in empirical terms credible, particularly as we consider how, over the past three decades, the referendum has emerged as an important vehicle for constitutional change in so many states.
This paper posits a (a very British!) call to arms, and does so in five step. In part one, we address the need for constitutional fictions by which many surrender political power to the few in the name of stability, order and security. In part two, we show that conflict is both a necessary and a core principle of political constitutionalism:that it is the latent possibility of conflict, the (re)awakening of the many where the few abuse that power, that acts as the final check on government. In part three, we examine the recent re-interpretations of the work of Griffith by Tomkins and Ballamy, which reduced politics to its parliamentary form, thereby closing, rather than "enlarging", the "areas for argument and discussion":a narrow view of the constitution to which, admittedly, Griffith himself might have subscribed. In part four, we assess the approach needed if we are to remain in, or recover, constitutional health. Finally, in part five, we use the political and constitutional background to the devolution of political conflict, in extraordinary moments, to expose, break down and create new fictions.
Modernity is termed to describe the differences between modern life and traditional life with rationalization and secularization as the distinctive features for the former. In legal field, secularization leads to value-pluralism and relativism, whereas rationalization positivism and normativism. Modernity has both positive and negative effects in legal field. For the positive effect, it protects personal rights and private life; for the negative side, it eliminates the meaning of life and causes ceaseless dispute over values. Carl Schmitt employed the conception of political theology to revive the virtue of liberalism, and criticized normativism of law. The legacy of Schmitt can help reflect the problems on the modernity of law and the liberal democracy, which will revise one-side attitude to law and democracy.
It is very important to study the economic support capability of war based on the stable operation of the national economic system so as to adapt to the high consumption and high input in the information-based war. The paper selects the defense expenditure accounts for the proportion of GDP as the index of the economic support capability of war, and establishes a simultaneous equations model which contains defense variables. The paper then adopts state equations of national economic system through state-space technique from Economic Cybernetics, and calculates the stability, controllability and observation of national economic system, and works out the economic support capability of war based on the stability of the system. The result shows that the economic support capability of war in the current period should not exceed 26.92% of GDP in the prior period. In 2013, the critical point of defense expenditure was 1 398.01 billion yuan on the premise of the stability of national economic system in China.
From the current mainstream transmission mechanism of monetary policy,the paper divides transmission mechanism into three categories:interest rate channel, asset price channel and credit channel. Intercepting the data from January 2008 to August 2013, the paper carries out an empirical study on various transmission mechanisms of monetary policy. Econometric unit root test, co-integration analysis, multiple regression and other methods are applied in the study. Based on a single comparison, the paper compares the effects of three transmission channels comprehensively. The study shows that China's monetary transmission mechanism is mainly based on credit transmission and will remain so for a certain period of time in the future.
The development of the global engineering education has been led by the revolution of undergraduate engineering education in the US. By reviewing the research and practice of US engineering education revolution in the recent three decades, this paper finds that the overall trend of the undergraduate engineering education in the US is to transform from scientific orientation to engineering design orientation. This trend highlights the importance of engineering design and engineering design education, which provides the engineering education in China with fruitful thoughts.
This paper analyzes some problematic studies in the field of web-based autonomous learning. The problems includes that few papers introduce latest models in their theoretical framework; some researches focus too much on comparing students' scores, whereas improving scores is not the aim of China's implementing web-based autonomous learning. In a way autonomous learning itself is the purpose. Scores should not be seen as the major standard for the success of autonomous learning, qualitative methods may be more appropriate instead; and that some experimental researches have logical mistakes in experimental study, that is, different experimental groups did not receive equal treatment.