2018, Vol. 31 No.5
Publication date: 25 September 2018
With the amendment of the Administrative Litigation Law (ALL) in 2014, research on the ALL has entered its 3.0 era. Scholars are facing subjects of different levels:Many issues arising from the amended law need to be interpreted and clarified; some fundamental institutions to be improved through long-term in-depth study; the dynamic pictures of legal practice to be described through empirical research. Scholars need more awareness on the research methodologies:Case study, principle elaborations and comparative law study, which are familiar to most legal scholars, should be more professional; comprehensive, cross-disciplinary study will be on rise; empirical study (especially quantative analysis based on the publicized judicial data) will be widely used.
The plaintiff qualification of the complainant is a hot topic in the recent administrative trial practice in China. The new judicial interpretation attempts to delineate the qualifications of plaintiff by distinguishing the complainant for private interest and public interest. However, from the perspective of the theory of subjective public rights and protection norms, citizens do not have the generalized right to request administrative enforcement of the law. The right to report clause does not give the complainer the subjective public right to apply the administrative organ to intervene in the concrete case and make specific treatment. Therefore, not only the complainants for the public good have no plaintiff qualifications, but even the complainants for the personal interests do not necessarily have plaintiff qualifications. From the perspective of the protection norm theory whether the "private interest" that the complainants want to defend belongs to the plaintiff qualification of the complainant is a hot topic in the recent administrative trial practice in China. The new judicial interpretation attempts to delineate the qualifications of plaintiff by distinguishing the complainant for private interest and public interest. However, from the perspective of the theory of subjective public rights and protection norms, citizens do not have the generalized right to request administrative enforcement of the law. The right to report clause does not give the complainer the subjective public right to apply the administrative organ to intervene in the concrete case and make specific treatment. Therefore, not only the complainants for the public good have no plaintiff qualifications, but even the complainants for the personal interests do not necessarily have plaintiff qualifications. From the perspective of the protection norm theory whether the "private interest" that the complainants want to defend belongs to the subjective public right or not, needs to resort to the law norms on which the administrative organ makes the concrete act, and to judge whether the norm is purely or simultaneously for the protection of a private interest of the complainants.
As a way of administrative activities, administrative contracts need to comply with the principle of administration by congress's laws; as having the attributes of contracts, administrative contracts must abide by the basic principles of contracts. The nullity standard of administrative act may be applied in the declaration of the nullity of administrative contract, but there may still be special nullity standards for the administrative contract; the nullity standard of the civil contract law may also apply mutatis mutandis, but it still needs to be coordinated with the principle of public law. The determination and selection of the nullity standard of administrative contact requires the measurement of values between the principle of administration by congress's laws, strict adherence to the law, the superiority of law, the stability of law and reliance protection.
As self-management cluster with professional characteristics in the field of science and technology, the science and technology cluster has not only a special meaning for any individual subject in this field, but also for the whole development and even the national strategy of "Rejuvenating the Country through Science and Technology". To carry out the reform of scientific and technological cluster, we must first understand its history and uniqueness. As a special creation of the Communist Party of China to govern the society, the science and technology cluster is a political and social organization system with a characteristics of dynamic "core-periphery" gradually formed in the process of revolution and construction, relying on its own network in dealing with the complex social system and integrating various political powers. The cluster plays an important role in respective areas in social guide, organization, and management. In order to carry out the reform of scientific and technological cluster organizations, it is necessary to stand in the new era and put forward new requirements for its nature and functions. Therefore, the further reform and development of the science and technology cluster needs to clarify three logics, namely Chinese logic, times logic and theory logic. In general, the scientific and technological cluster should pay attention to the dual nature of its political and social organizations in the reform. Accordingly coupling paths should be taken in the reform of the double main body structure, promoting political attribute, emphasizing the social organization attributes, and strengthening full self-independence and the establishment of a set of governance structure system with the function of self-organization and self-management. All these should be conducted within the laws, party rules and self-reliance regulations to complete the reform.
As a cooperative organization established by rural residents spontaneously organized by rural professional and technical associations, while helping farmers to improve production, it also has a positive effect on promoting the development of poverty alleviation work in rural areas. However, there is still much room for improvement in the practical application of this mechanism. Through on-the-spot investigations on the opening of agricultural technology associations in different regions, it can be seen that the Agricultural Technology Association has the role of relying on soil experts to play a role in poverty alleviation, which helps to maximize the use of human resources and natural resources, and communicates farmers and markets. In the implementation status of this mechanism, there are still problems such as low technical level and insufficient organizational resources. It is necessary to promote the transformation of grassroots science associations on the basis of clearing the agreement of agricultural technology, and then explore the traditional production of farmers by the Agricultural Technology Association. Ways to provide intellectual support for winning the fight against poverty.
The scientific and technological community is one element of science and technology policy, and the close relationship between the two makes the reform of the scientific and technological community more diversified. Japan's science and technology policy has been matured many times in the past, and the construction, responsibility and work of the science and technology community are relatively perfect. Studying its development process, the positioning and reform of China's science and technology associations can not only provide a path of exploration, but also complement each other with experience. After researching the status quo of Japan's science and technology policy and the normative development of science and technology missions, it is recommended that China's science and technology associations propose to establish an open communication system with other institutions in the society, and draw on the laws recognized by relevant Japanese legal persons in legislation to absorb knowledge or resources of humanities and social sciences. Organize lectures or seminars on hot topics for the society.
Service Modular Value network is a special forms of network organization. Through the case comparison, explored the difference of the node, linear and Interface of the service modular value network of cigarette industry and food manufacturing industry. The research found that due to the industrial environment and industrial attribute difference,there are obvious differences between the two industries in the value module node activity, the linear connection and the interface rule design. The result shows that,Service modularity can promote the industrial value network service customized demand, reduce the value of the value network to achieve cost, industrial environment and attributes can affect the design of industrial value network service module. According to the industrial practice, through the design of the node cohesion of the value module, the loose coupling design, interface components and interface design and adjust process of interface design, can improve the value creation level of the industrial service module value network.
The fluctuations in prices of wheat and corn, who are both the important food crops, on the one hand reflect the comparison relationship; on the other hand also have an effect on both supply and demand market stability and policy adjustment. This article has carried on the empirical research on corn and wheat market in China, from the perspective of price linkage, the replacement of supply and demand and policy adjustment, with the monthly price data from January 1998 to December 2015. The results shows that, whether in a system of linear or nonlinear range, corn prices have a more important influence on wheat prices; it finds that the relationship between corn and wheat prices will affect the market supply and demand change, mainly for the replacement on demand of forage consumption and import supply; after implementing the corn market pricing and subsidy policy, the price of wheat formation mechanism also needs to improve in time-.
The general aviation industry is an emerging industrial system with strategic importance. It has the characteristics of long industrial chain and wide service field. Compared with developed countries, China's general aviation industry still has a large room for development. In the current system of laws and regulations, there exist problems as discrepancy about the definition of general aviation and oversimplified classification. Due to the high degree of professionalism of aviation activities and the particularity of airspace use management in China, operators engaged in general aviation activities often encounter problems such as complex pre-examination procedures and backward flight management modes, which have restricted the development of the general aviation industry to a certain extent. In view of the above problems, it is recommended that the administrative approval process be optimized, the examination and approval of flight activities and flight plans be simplified, post-event supervision of general aviation operators be strengthened to ensure safety, and an efficient general aviation industry management legal system be built to provide stable policy support for the development of the general aviation industry.
With the continuous development of China's general aviation industry in recent years, the defects of its legal regulations in the field of civil damage compensation have become increasingly obvious. The legal system of general aviation in China is constituted by laws, administrative regulations, departmental rules and administrative normative documents. In comparison with the civil compensation system of general aviation in US which is centered on product tort liability, the compensation system of China focuses on both contract liability and tort liability:victims may request compensation basing on the claim for breach of contract or the claim for tort damages and have to choose one under the circumstance that both of them can be applied. By comparing the existing regulations with the relevant provisions of the Montreal Convention, the drawbacks of the existing regulations can be concluded into three aspects:the imperfection of the liability principle, the lack of provisions for compensation limit, and the excessively narrow scope of the application of compulsory liability insurance. Accordingly, the principle of liability is required to be transferred from no-fault liability to presumed liability and strict liability, the system of liability limit should be introduced to the present regulations, and the application scope of aviation liability insurance is supposed to be expanded in the general aviation part of Civil Aviation Law.
Nowadays, general aviation is experiencing a period of fast development. However, issues of aviation security of general aviation also call the attention. The specificity of general aviation causes various challenges to the aviation security legislation. ICAO developed recommended practice and guiding material for the aviation security of general aviation. The current Chinese legislation system about aviation security of general aviation is inadequate and the new document also needs improvement. To provide powerful guarantee for the general aviation development, well-established legislation system and more forward-looking perspectives of legislation are required.
The famous novel King Solomon's Mines written by the British novelist Haggard was introduced by Lin Shu to the late Qing Dynasty in 1908, its themes of valour and vigour exerting a great influence on the construction of youths' spirit then. Within the theoretical framework of "discourse construction-textual construction-construction of subject consciousness" proposed by the Theory of Rhetoric in the Broad Sense, this thesis conducts a close reading of the original text and the translated text, analyzes the rhetorical key words of "youth" and "bravery", explores the rhetorical devices employed by Lin Shu to construct juvenile valour discourse within the specific historical context of the Late Qing Dynasty, and finally expounds from such aspects as the historical context and the translator's subjectivity the cultural factors, the most important of which is that youths have suddenly become the center of revolution discourse and thus a metonymy of national image.
Facing the worsening global ecological crisis and China's current ecological and environmental problems, Xi Jinping, inheriting Marxist ecological view of nature, learning from the beneficial ecological thoughts in human history and inheriting the outstanding achievements of sinicized eco-Maxism, puts forward the rich and systemic green development concept. The complete system of green development concept, as an important part of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, mainly includes green economic development, green environment development, green political ecology, green cultural development and green social development. The analysis of Xi Jinping's green development concept is important both in theory and practice in building a beautiful China and realizing the Chinese dream of great rejuvenation of the Chinese nation.
From 2010, the freshmen and sophomores of Beihang University began to use the new campus. Since 2011, School of Economics and Management in Beihang University tried to implement a new Monitorial System-the Mentor Program. The program focuses on the freshmen adjustment and builds a sophisticated management structure, based on the practical courses. Using a close mentor mode, it covers all freshmen by setting up moderate mentor groups. The grid management and meticulous guidance speed up the freshmen adjustment to university life, enhance their professional identity and improve their comprehensive ability. With the successful practice over 5 years, the program has explored a new path for talent cultivation. It has been widely recognized by the students, and a unique "family" culture emerged thanks to the program.
Beihang University launched the full-time professional degree postgraduate education from 2009 and developed it at a rapid rate. It is of great significance for cultivating futureprofessional degree graduates to carry out the quality evaluation of Beihang University professional degree postgraduate education. This research took professional degree graduates of Beihang University as the subjects. From the perspective of student satisfaction, using a questionnaire survey, an analysis and investigation on Beihang University professional degree postgraduate education was conducted from the aspects of learning process and learning outcomes. The final results denote that there exist problems of different levels not only in curriculum, practice, tutor guidance, but also in cooperative units, school supporting system, as well as other sections.
Former British Prime Minister Cameron took "Big Society" program as a good way to break through the dilemma of social and economic development, which drew widespread attention and aroused academic debates around the world. The existing literature focuses on the origin, content and function of the "Big Society" policy, without considering the performance evaluation. By utilizing the British government's official data, this paper aims to comprehensively evaluate the performance of the projects of the "Big Society" policy in the past five years. Overall, the British government has not been able to complete the original core targets (i.e., empowering communities, opening up public services and social action). But there have been some positive effects and changes, such as enhancing resilience of voluntary organizations, streamlining and decentralization of public institutions and revitalizing the idle funds, etc. Summing up the UK experience of "Big Society" policy and its performance may provide some new inspirations for our developing social forces and enhancing public services against the "new normal" background.
In recent years, with the gradual development and exploration of educational undertakings in the market economy environment, many prominent problems affecting the development of education have also been revealed. For example, the contradiction between supply and demand of education is one of these urgent problems. The contradiction between educational supply and demand mainly arises from two aspects:on the one hand, the contradiction between the education needs of individuals and the education needs of society; on the other hand, the contradiction between the education needs of society and the supply of education. The contradiction between supply and demand of education is concretely embodied in the following aspects:the research talents trained by education and the needs of the society do not meet the needs of technical talents and the irrational allocation of educational resources areas. The main causes of these contradictions are the society, the market, the government and the education. Therefore, we must deepen the combination of government and market, expand the degree of freedom of education development in the market economy, strengthen government guidance and supervision, and closely combine educational supply and market demand.