2015, Vol. 28 No.6
Publication date: 25 November 2015
During the 1950s and 1960s, there was an important transition in the development of American cities where metropolitan areas became the dominant form of urbanization. People moved to the suburb instead of downtown, municipal government intervention was enhanced,and scholars began to research the models of metropolitan areas management. Responding to these changes, pluralism posted a critique of the elitism in the urban management theories. Chinese cities, facing the similar transition of new urbanization may benefit much from the transition experience of U.S. urbanization.
The Vertical Intergovernmental Relations (VIGRs) are the core of governance in China. Since the Reform and Opening in the late 1970s, Chinese VIGRs have become a dual structure of political centralization and economic decentralization, in the tide of devolution in the area of economic and administrative affairs. This paper discusses the institutional performance of Chinese vertical power allocation in four dimensions: anti-corruption, market integration, social stability and governmental innovation. It studies the system roots of corruptions, local protectionism, the paradox of stability maintenance and the lack of governmental innovations in contemporary China, and suggests that Chinese VIGRs should be legalized in future, on the basis of power inter-dependence.
With the rapid development of non-profit organizations and civil society, it is difficult for traditional government control system to adapt to the increasingly complex public service demand. Adjustment of organization form, promotion of effective supply of public service based on collaborative governance is now a common topic worldwide. This paper first summarizes the current problems in the management process of basic level government. The paper then takes "WHO international community safety promotion project" promoted by China's urban basic level government as a case study to analyze the change trend in management structure and content based on collaboration, and to seek new form of management transformation in China's urban basic level government to adapt to the current urbanization.
In China, public institutions are special organizations providing social services for public purposes by using state-owned assets in the social development. A huge number of public institutions provide a wide range of social services, and occupy a lot of land. As the power configuration can't meet the historical condition of the public institutions, multiple problems arise in the governance of the land use rights of public institutions. The paper suggests resetting the assumptions of public governance, making up legal loopholes and reexamining the adverse effects of non-synchronizations between the separation of social organizations and assets splitting to effectively improve the level of governance in this area.
With the rapid development of international civil aviation transport industry, the number of cases where unruly passengers on board of aircrafts also showed a surge trend. Practicing these cases only in accordance with the 1963 Convention on Offences and Certain Other Acts Committed on Board Aircraft (Tokyo Convention) has been far from effective. Being regulated by Tokyo Convention, the scope of states which exercise jurisdiction is too narrow, even resulting in "jurisdiction blank". The Protocol To Amend The Convention On Offences And Certain Other Acts Committed On Board Aircraft (The Montreal Protocol, 2014), which was adopted by ICAO (International Civil Aviation Organization) in 2014, as the outcome of Tokyo Convention's modernization, has made new regulations which enlarge the states scope exercising jurisdiction by making the State of landing and the State of the operator have jurisdiction (except for the State of registration), thus, to some extent, making up the gap of the former Tokyo Convention in terms of jurisdiction. This article sorts the evolution of ICAO regulation system in respect of jurisdiction over unruly passenger cases and explores the significance and shortcomings of existing rules with suggestions for the modification of relevant domestic provisions.
After three years' hard work organized by ICAO (International Civil Aviation Organization), The Protocol to Amend the Convention on Offences and Certain Other Acts Committed on Board Aircraft (The Montreal Protocol, 2014) was adopted in 2014 as the outcome of Tokyo Convention's modernization. List of unruly behaviors is one controversial topic in the drawing up of The Montreal Protocol. The biggest concerns and most serious behaviors are finally listed in the Article 15 bis. The resolution to update the Circular 288 issued by ICAO was also announced. In reference to the Montreal Protocol and Circular 288, China includes more types of unruly behaviors into the revision of domestic provisions to deal more effectively with these behaviors.
To deal with the increasingly serious safety situation of civil air transportation, Montreal Protocol, 2014 amending Tokyo Convention, 1963 was passed in 2014, which redefined the power of aircraft commander and legal status of in-flight security officer. Through the analysis of Tokyo Convention, 1963 and Montreal Protocol, 2014, the paper holds that the responsibilities of aircraft commander and in-flight security officer are different, though their relationship involves both mutual cooperation and relative independence. Even though China has certain legal provisions on the power of aircraft commander, legal status of in-flight security officer and air marshal, their legal hierarchy is relatively low and there exists also an issue of power conflict. Therefore, it is necessary to improve the relevant legislations in China to better guarantee the safety of civil aviation transportation.
The Federal Constitutional Court created a "Personal Information Right" in 1983 from the "census" case. However, the concept of the defense law has been unable to adapt to the internet era which features ubiquitous information. Traditional "Personal Information Right" has a broad scope of protection and violation is easily satisfied. It doesn't conform to the requirements of the reality and can lead to a "legalization trap". Protecting the use of background information will result in a substantial reduction in the scope of fundamental rights protection. We recommend "evolution" rather than "revolution" to readjust to the fundamental rights awareness, which should take into account the "reasonable expectation of privacy" by the protection of individual personality. Violation satisfaction should be limited. In private legal relationships, the doctrine of state's protection obligation should also be implemented with great care.
The expanding use of mobile payments has raised many legal risks for consumers. This paper uses Alipay as an example to analyze various risks consumers are facing in the so-called third-party payment system from four aspects: security, privacy, transparency and complaint handling. The paper also discusses whether the existing legal instruments are relevant and sufficient to address the existing problems with concrete suggestions for these problems.
With the rapid development of "online shopping" market, the role of internet trading platform becomes increasingly important. The confirmation of the legal status of internet trading platform provider is the primary issue of solving disputes over internet trading platform. For this issue, there is a considerable controversy and no common theory in Chinese academic circle. The provision of the revised Consumer Protection Law only focuses on the protection of consumer rights and tort liability, but the specific legal relationships of internet trading platform provider are not considered by legislators. Through the typological analysis of internet trading platform provider from the perspective of contract, the shortage of traditional single subject standard can be overcome, and we may define the legal status of internet trading platform provider more comprehensively and accurately.
It is a fact that network has been the main battlefield of ideological conflicts. In the new period, China faces severe challenges: social ideology trend in network threatens the main ideology; western culture hegemony threatens the socialist theory with Chinese characteristics; uncivilized phenomena in network threatens socialist core values;Therefore, it is of great significance to strengthen network ideology safety, secure the Marxist ideology to guide the network culture, foster the socialist core values, strengthen the network ideological and political education and establish the concept to safeguard the network ideology and country security.
Agricultural growth in cropping sector was trapped into stagnation after Household Responsibility System had been completely popularized in rural areas in China. Based on a case study from Henan province, it is discovered that "Tiliu" and "Tongchou" taxes allocated by the local government discouraged the agricultural production when farmers with heavy tax burden flowed to cities for jobs. Hence, the agricultural stagnation from 1984—1988 is enunciated. The Hysteresis hypothesis that it takes some time for farmers to adopt new technology is also proposed to explain the sudden impulse of agricultural growth in 1987. The state and provincial macro agricultural data are used to validate the analysis. The conclusions suggest the agricultural fiscal system be a core object of economic reform in rural areas in China. In addition, the way of introducing new technology in such areas should be improved.
Under the new accounting system of institutions of higher learning, higher education cost accounting has received unprecedented attention. To improve the accounting cost of higher education and the costs, rationality, efficiency of scientific management, this article introduces the concept of full-cost accounting, comparing and analyzing the advantages and feasibility of activity-based cost method to be applied in full cost accounting in higher education. The article suggests that the higher education cost accounting system be based on the activity-based cost method. The article also suggests cost accounting concepts be changed and a full-cost accounting system, the performance evaluation and incentive and constraint mechanisms be established.
In the novel Winesburg,Ohio,Sherwood Anderson depicts a town named Winesburg located in the western part of America, which is transferring from the agricultural society to the industrial society. Many town residents behave strangely and have a twisted mind,and they are called grotesques, Elizabeth is just one of them. By applying the theory of social mechanism over human madness and adopting feminist approach, the paper interprets Elizabeth's love life, namely love before marriage, love in the marriage and love at the end of her life with an analysis about the external social factors of her twisted psychology in her love so as to alert modern people of female's emotional world and to ensure the mental health of women in society.
Hardy and Lu Yao, the most remarkable local novelists in Britain and in China, are both concerned about the bleak fate of rural peasants in turbulent times. Yet, they differ in tones. Hardy, under the influence of Greek fatalism, composes in his novels an elegy for the country life intruded by industrialization. The characters in Hardy's novel act passively and helplessly in the face of social riots. While Lu Yao, imbued with Confucian doctrines, takes the social change with enthusiasm. Hence, the characters in his novels, instead of resigning themselves to the fate, strive to adjust themselves to the social change and to fit in the new age.
According to the cultivating objective and the criteria for professional master degree, together with the criteria for issuing engineer diploma from Commission des Titres d′Ingénieur (CTI) of France, some key factors on establishing the professional postgraduate cultivating mode for generalist engineer are analyzed based on the requirements of knowledge, aptitude and attitude. The cultivating mode of Beihang Sino-French Engineer School is synthetically investigated with a focus on cultivating objective, cultivating process, curriculum design and quality management which are the composing elements of postgraduate cultivating mode. The principles from the comprehensive research and the training program can be used as the reference for the future reform and development of Chinese professional postgraduate cultivating mode.
As a new cultural phenomenon, more and more Sino-French cooperative education programs arise in China, and the differences between the two countries in educational philosophy and personnel training objectives have also drawn increasing attention. By analyzing the variances between the two countries in the design and content of professional courses, this paper put forward a series of suggestions on the content, languages and forms of class to make up for the differences, which proved a great success in the course of "process engineering". A questionnaire was delivered to 200 students on their comprehension about the conflicts in joint-education and their attitudes towards the measures implemented in class. The feedbacks from the students show that they respond favorably to the suggestions and measures.
Nowadays, the social demands for creative, open and comprehensive talents, especially internationally talents, are increasing day by day. Based on a survey of universities students in Beijing, this paper discusses practical activities for training international talents, including concept, meaning, target, type,implementation,and long-term mechanism. The paper conducts a research on the platform building for international practical activities for university talents from the perspective of practical operation.
With the development of in-depth reform of higher education, it is an inevitable choice that universities should actively engage college students in the internal governance. The study found that college students' involvement in the internal governance has a legal basis and practical background of reality. Based on questionnaires and field interviews, the paper analyzes the situation of student participation in internal governance and the constraints of the educational philosophy, rules and regulations and participation mechanisms. Effective student participation is helpful for the institutional improvement of modern university system. The paper explores student participation from five perspectives: changing the concept of university education, creating an inclusive and democratic environment, promoting the process of the rule of law in the college, promoting the construction of university prospectus and improving and perfect the participatory mechanisms.