2018, Vol. 31 No.4
Publication date: 25 July 2018
It is necessary to take some protection measures for the minors to protect their online privacy and prevent them accessing the harmful information when they are online. Chinese legislators can learn lots of experiences from the minors online protection legislation of US, UK and Japan. The international cooperation is necessary and important in the field of regulation of network information, especially the pornographic information, however, the definition of pornography or obscenity is different among the countries in the world. In the regulatory system of minors online protection,the self-regulation of internet service providers, especially the internet platform, plays an important role.
With digital, large capacity, high transmission rate and high reductive degree, network interactive information platform gradually becomes the most important channel of distribution, transmission and access of copyright works. It also leads to the complexity and severity of copyright protection. Base on a comprehensive study of recent and typical cases, rules related to copyright infringement liability of online platform and relevant activities by copyright administrative agencies worldwide are reviewed, the study finds that copyright protection responsibilities on operators of online platform are growing stricter. Specifically, the application of "safe harbor" rule becomes narrow, "server test" is abandoned and copyright administrative agencies pay more attention to online platform operators. Accordingly, operators of online platform shall actively implement "self-discipline" in all forms and cooperation among the industry. Courts shall promote the regional coordination of trial guidelines of online platform copyright infringement. Copyright administrative agencies shall communicate with copyright self-discipline organizations, online platform operators, courts and others. Establishment of third-party dispute resolution platform with respect to online platform copyright infringement shall be considered.
China has not yet formed its own unified legal system for the parking space authority in solving issues on community parking space ownership and transfer. Though Article 74 of Property Law of People's Republic of China and Article 5 of Interpretation of the Supreme People's Court concerning Some Issues on Application of Law for the Trial of Cases on Disputes over Condominium Ownership have introduced initial regulations, they are unclear, causing dilemmas in applications for various types of parking spaces. As for local regulations, although more detailed provisions have been introduced, there are different emphases. This paper proposes applying Condominium Ownership as a framework for issues on community parking spaces. Parking spaces can be divided into various types including independent parking spaces, ground parking spaces, underground parking spaces, parking spaces on the first open floor, and parking spaces on the roof platform. Based on different characteristics of various parking spaces, classified analyses are conducted to discuss whether these parking spaces could be taken as objects of exclusive rights under the theoretical framework of Condominium Ownership, and finally rights of ownership are determined according to the Principle of Distinction. For parking spaces owned by the developer, the "priority to meet the needs of the owners" requirement is refined from three aspects:the nature of the specification, the detailed operations of the specification, and the violations of the specification, so as to fully protect the interests of the owners. Based on the reference to the parking space system in Taiwan, this paper also proposes that a legal proportion of the allocation should be established. In view of the developer's absolute superiority in real estate information and prices, a disclosure system for the development cost of real estate companies should be established, and a registration system for parking spaces should be improved under the unified real estate registration waves. For Owner Committees, they should make full play of the committee system, as they are closely linked to parking spaces with management functions and their capabilities are greatly enhanced with the awakening of people's rights consciousness and more participation.
Against the background of risk society, administrative policy-making is faced with the crisis of legitimacy because of lack of a legal basis, uncertainties of factors and uncertainties of evidence. It is an effective path that the combination of science and democracy justifies the legitimacy of administrative policy-making;the procedure of deliberative democracy provides the procedural safeguards for legality of administrative policy-making;and the precautionary principle provides the legal support for reinforcing the legitimacy of the administrative policy-making.
Since occupational pension plan can effectively and efficiently solve the problem of declining treatment caused by pension insurance reform, and many countries have already benefited from it, China also uses it as an essential tool to promote the pension insurance reform of institutions. Documentary Document No. 18 (2015) requires that the occupational pension system should be established at the beginning of October 2014. However, due to the relatively short implementation period of the occupational pension plans of institutions and institutions, a series of related issues have begun to emerge, such as a slightly lower level of protection, limited revenue channels, and lack of supporting measures. Therefore, the article suggests that measures such as flexible participation in insurance, openness to innovative investment, and improvement of supporting regulations be adopted in a timely manner to promote the smooth implementation of professional annuity in its own advantages.
The essential relation between administrative department of basic medical insurance fund and public hospital is the relation between demand and supply of healthcare. Consumer paramountcy theory, managed (care) competition theory and cost matrix theory can be the theoretical foundation to establish ideal relation between administrative department of basic medical insurance fund and public hospital. The reform of public hospital in the future should move towards the following:public hospital should be de-administration and become independent market player, administrative department of basic medical insurance fund should purchase basic health care from public hospital by means of negotiating, the reimbursement of basic medical insurance should transform into payment for performance, the competition should be carried out among public hospital and non-public hospital, industry supervision should be strengthen after separating of medical treatment and drug sale, leading position of administrative department of basic medical insurance fund should be assured in the course of procurement tenders of drugs, regional planning of health resource should be improved and management of administrative department of basic medical insurance fund should be optimized further.
Home-based type of house-for-pension scheme is used to release some of the exchange value of housing in advance to improve the elderly life. House-for-pension in the UK is carried out through the Home Equity Release Scheme, mainly including life-long mortgage loans and home reversion scheme. The former is a reverse mortgage model, while the latter is a variant of sale-leaseback. Although the reverse mortgage occupies a monopoly position in the market, it contains insurmountable risks. In fact, the home reversion scheme that is rarely paid attention to has the advantages of high asset conversion rate, low interest rate risk, and low life cycle risk. It is more in line with the social reality that the life expectancy of the population is prolonging. China's house-for-pension scheme is in its infancy. It is a very meaningful attempt to build a house-for-pension scheme with Chinese characteristics by learning from the UK home reversion scheme, based on the experiences in construction of shared-ownership and affordable housing in China.
With 30-year-long urban housing system reform in China, Chinese housing supply system has shifted from planned public housing system to a market-oriented supply system. With housing monetization and privatization, the Chinese government encourages urban families to purchase housing from the commodity housing market. In order to realize the initial capital accumulation for the employees to purchase a house, the government imitated Singapore Central Provident Fund and established the Housing Provident Fund system in China. As a compulsory savings accumulation plan, it has not make the same active social and economic effects as Singapore CPF-HDB system though Chinese housing provident fund system and the Singapore Central Provident Fund system have formal similarities on some policy elements such as contributors and coverage range, etc. Based on Dolowitz & Marsh's model framework for the evaluation of policy transfer effectiveness, the paper discusses whether there is a failure of policy transfer in Chinese housing provident fund system. Studies show different housing market structure, different policy elements and mechanisms make the Housing Provident Fund system "improper policy transfer" and "incomplete policy transfer" in the process of transplantation. Different understanding of the nature of the HPF also results in different outcomes of the policy transfer.
Changing low fertility in China is a key point in the present social research. The adjustment and transformation process of security policy of fertility in China-Taiwan may provide reference for China-mainland. Using the problem-centered policy analysis framework, this study analyzes the major security policy of fertility in China-Taiwan over the past 10 years. The results show that the government of China-Taiwan chose the policy after a long period of control policy. Reproductive security policies such as economic guarantee and service demand security were also formulated. However, the effect was not satisfactory. There are also some problems in the system. For the Mainland, government can draw lessons from China-Taiwan, and thus to build a security system of fertility matching Chinese economy level and Chinese characteristics well.
Too much negative information leads to a huge gap between food safety risk perception and the real situation. Based on the information supply and demand theory, this paper gives an explanation for this phenomenon by bringing food safety information characters into media and consumers' decision function. The result shows that the bias is caused by rational ignorance and excess demand for negative information. Limited by individual information processing capabilities, costs of information access and the inconsistence between personal position and media ideology position, consumers' information demand for food safety presents the character of rational ignorance initiatively. The analysis based on the law of diminishing marginal utility and risk aversion shows that consumers' demand for food safety negative information is greater than that for positive information. The empirical analysis on traditional print media shows that due to the different ideology positioning, food safety information supplied by various types of media are quite different and that social media has amplified the presence of food safety negative information.
The employees in Chinese state-owned enterprises usually enjoy high-level staff welfare, which has not achieved the desired effects though. Especially, high-level staff welfare does not mean equivalent satisfaction. In this sense, it is feasible to investigate quantitatively the status of the staff welfare in Chinese state-owned enterprises and analyze its features and defects. A new welfare model is designed and improved in this paper to confirm that the employee welfare of state-owned enterprises in China is short of satisfaction. Its manifestations include low sense of fairness, low satisfaction with non-monetary welfares compared to that with monetary welfares, and low satisfaction with welfare capacities compared to that with welfare functions. To improve the welfare system in Chinese state-owned enterprises, it is essential that the equalization of welfare should be prevented, that the cost of welfare should be shared scientifically, and that the welfare capacities and welfare functions should be promoted.
In the context that the United Nations is building an international mechanism for "Long-term Sustainability of Outer Space Activities", drafting relevant standards and procedures of active space debris removal was put on the agenda. Before relevant technical standards are introduced, it is necessary to study the legal issues of active space debris removal. According to various legal documents and state practice, space debris still belongs to the "space object" mentioned in the Outer Space Treaty system, and the active removal of space debris is still regulated by the existing framework of international law. The removal of the identified space debris is not only the right but also the obligation for their producing countries. For any unidentified space debris, when posing a threat to the common interests of humankind, any state of the international community has the right to remove it. In the case of facing identifiable space debris of other countries, threatened countries and countries with removal capability also have the right to actively remove the debris, subject to confirmation of the dangers and urgency.
Since the Eighteenth National Congress of the Communist Party of China, Xi Jinping has attached great importance to ecological civilization construction and environmental protection in the layout of the socialist construction with Chinese characteristics, making many instructions which formed a theory of socialist ecological civilization construction. As the result of various factors, the theoretical logic and practical basis of Xi Jinping's thought of ecological civilization is mainly reflected in the following aspects:the inheritance and development of Marx's ecological view, passing on and carrying forward the excellent traditional Chinese ecological culture, reflecting and absorbing the achievements of western ecological theory, and enriching the ecological protection concept of the previous leaders of the CPC and rationally responding to the environment situation in China. Xi Jinping's thought of ecological civilization has great practical value, providing a guide for action in tackling the global ecological crisis, promoting the construction of ecological civilization, building a beautiful China and achieving the sustainable development of China.
Information technology, such as Big Data and Cloud Computing, is widely used in the educational field, which makes educational data to grow at an exponential rate. We can discover new characteristics and laws hiding in the educational fields through educational data mining so as to improve the decision level and quality of education. This paper reviews the development situation in terms of characteristics, concept, processes, and methods. It also presents points of interest and trends of educational data mining based on the relevant literature from Web of Science between 1995 and 2015.
As an important way of implementation of Continuing Engineering Education, school-enterprise cooperation has become an important factor that affects the reform and development of the continuing engineering education. According to the domestic and foreign experience and the characteristics of Continuing Engineering Education, it is an important breakthrough to promote the school-enterprise cooperation from the perspective of stakeholders. Continuing engineering education should recognize the stakeholder groups and promote the school-enterprise cooperation of continuing engineering education through institutional support from the government, promotion of industrious associations, enhancement of the attractiveness of colleges and universities, and corporation awareness raising.