2019, Vol. 32 No.2
Publication date: 25 March 2019
In recent years, debt in arrears to small and medium-sized enterprises have become a serious social problem, which needs to be solved urgently. Since the default of debt involves the contractual legal relationship between the parties, the fundamental solution to this problem cannot be separated from the means of contract law. Contract law should be equipped with a general mechanism for the prevention and punishment of delinquency, which consists of two main instruments. The first instrument is to limit the agreed scope of the payment period to prevent the debtor from abusing the freedom of contract, the second instrument is to increase the defaulting party's liability for breach of contract, the feasible measures are to increase overdue interest and to grant creditors an additional fixed sum of compensation. This article provides suggestions for specific legal provisions and legislative reasons.
Specific rules on dependent personal security (cited as security) in Parts of Civil Code (Draft) and Book Contract of Civil Code(2nd Daft) still need further improvement and the position of security in this draft needs adjustment. Now it is in Chapter 13 in the second book (contract) in Parts of Civil Code (Draft), and the same chapter in Book Contract of Civil Code(2nd Daft), which is unfit, because this treatment ignores its function and character. This problem can be divided into two sections, namely the first section the general provisions and the section liability of security provider. The "general rules" are an embodiment of abstractions. However, as far as security is concerned, there is a lack of extracted objects in this Draft. Therefore, the structure of rules on specific rules on guarantees should be changed. Security has economic function in common with independent personal security. On this basis, they should be integrated and stipulated in the same chapter. There are some rules in the draft that security and real security are duplicated. They should be confined or adjusted in order to avoid the waste of limited legislative resources. Security can be divided into civil and commercial security. How to deal with them in legislation needs careful evaluation. From the point view of comparative laws, there is no fixed rule. This draft should clarify its value orientation and formulate rules.
Commercial franchise contract should be written as one contract type in China's Civil Code, which not only helps to highlight the legislative style of the combination of civil and commercial law, but also incorporate the hydride model between organization and contract into the legal system. Meanwhile it can also provide clear legal norms to judicial practice. The aim of commercial franchise contract chapter is to prevent contract partners from speculating and promote cooperation. This is mainly reflected in the system design as the pre-contractual duty to inform of the franchisor, the special rights and obligations of the parties at the performance stage and the protection mechanism for franchisee to step out of the contract relationship.
China has established the world's largest social security system since it launched its Reform and Opening-up program 40 years ago. Over the course of the reform, the function of social security system has significantly transformed from a supporting project for economic reform to the institutional basis of modern national governance. Yet, China's social security system is not strong enough to meet the demands of modernizing national governance system and ability. In the future, China needs to improve the quality of social security, for which more work needs to be done in terms of policy-making, institutionalization, openness, flexibility and centralization of management.
The regional fragmentation of urban employees' pension leads to unified contribution cost burden, which will affect the balanced development of region economy, and is not conducive to realize the goal of reducing rate and promote the fund balance between contribution and payment, the demand of realizing national pooling is prominent increasingly. The national pooling is facing to restricting factors, including the contribution game between central government and local government, low will of low contribution rate region, reducing of pension payment for high income region, the central financial subsidies risk. The paper proposes such realization mechanism, including the linkage for reducing contribution rate, tamping contribution base and the national pooling, basic pension "two accounts", improving central financial subsidies and building a vertical management system
The frequent occurrence of fraudulent medical insurance funds has done great harm to the operation and development of the medical insurance system. The paper first sorts out the cases of medical insurance fund fraud which have great effect on the society in recent years. Then it analyzes the core logic of fraud insurance from the perspective of moral hazard. With the help of COSO(The Committee of Sponsoring Organizations of the Treadway Commission) risk management framework, the paper puts forward the anti-fraud system of the medical insurance fund based on the process, including the sound prevention mechanism, the effective identification and measurement, the intensive investigation and the strict punishment and restraint. With this framework, the paper systematically introduces the experience of the international medical insurance fund against fraud. It is found that many countries or regions have formed a multi-level precision recognition mechanism to carry on a scientific and prudent investigation and evaluation and construct an omni-directional anti-fraud punishment and restraint network. For this reason, the paper suggests that China urgently need to establish the legal level of medical insurance anti-fraud norms. The government should absorb the market and social forces, introduce third party services to promote intelligent auditing of medical insurance, build anti-fraud monitoring network by using large data and other technologies, and actively create a national cultural atmosphere for the anti-fraud. At the same time, it is necessary to further deepen the medical and health management system and the medical circulation system to create a harmonious system environment for preventing medical insurance fraud.
Austria is the most typical country in European Union that relies mainly on cash allowance for the elderly. The design of Austria's system respects the insured's right to choose the service providers, supports informal care service providers, and emphasizes limited government responsibility and Bismarck tradition. This model provides sufficient support to informal nursing staff such as family members, activates the role of the family. However, even with subsidies, residents' ability to pay for formal care services is still insufficient. Subsidies are pan-national and the proportion of people enjoying them is too high. The burden of social assistance is still too heavy. Therefore, the biggest disadvantage of nursing allowance is its failure to guide the development of the nursing service market, which is not in line with the situation of insufficient development of our country's nursing service market. At the same time, cash treatment such as nursing allowance is especially suitable for the situation where the formal nursing service market is underdeveloped and the service supply is insufficient. However, it is difficult to ensure the use of money in cash allowance, misappropriation and other moral hazard problems are serious, and excessive identification has become a new problem.
Taking targeted measures of social assistance system is an inevitable requirement of the new period, an effective route of upgrading governance capabilities, and an important part of modernizing governance in the new era of China. Based on the framework of state governance and the element of targeted governance, this article puts forward a framework to analyze the social assistance policy. Firstly it introduces the institutional framework of social assistance, the government established the framework of "8+1". Then it discusses the targeted governance of social assistance system from the aspects of current situation, challenges and improving path in the new era of China. In current situation, China's social assistance system and the governance capability are improving, presenting a good situation of macroscopic, mesoscopic, microscopic and multi-level parallel optimization. In the challenging aspect, it is found that the social assistance system has many deficiencies with lots of challenges in seven dimensions, including subjection, objection, content, level, handling, and support, etc. In summary, it is suggested that the Chinese government should improve the level of social assistance system and the targeted governance basing on the policy element framework.
Policy implementation is the pivotal part to policy process. According to Smith's policy implementation process model, ideal policy, implementation institution, targeted group, and policy environment are the key factors for whether policy implementation is success or not. The dilemma of policy implementation for street children mainly is the simple assistance content and out-dated assistance mode. In line with Smith's policy implementation process model, scarcity of ideal policy documents, insufficiency of effective abilities for implementation institution, high complexity of targeted group, and poor policy environment all contribute to the dilemma of policy implementation for street children. To improve the policy for street children assistance, it is suggested that operability of policy documents be enhanced, ability of policy implementation institution be improved, assistant to targeted group be categorized, and friendly policy environment be created.
Decades of changes of China's general aviation policies have complex causes and mechanisms. This paper reviews the general aviation industry development events and policy reforms, and using the policy advocacy coalition framework, analyzes external factors, internal belief systems of general aviation policy subsystem and their policy learning processes. It reveals that the productivity development is the driving force of the changes of general aviation policy. Meanwhile, it concludes that coalitions within the policy subsystem, by means of policy-oriented learning, result in general aviation policies deregulation, which is an induced policy evolution.
The grassland institution is an indispensable part of China's ecological civilization institution. Based on a cross-case analysis of 25 laws and regulations on grassland governance, in the perspective of North's institutional change theory, this paper analyses the path and influence factors of the institutional changes of China's grassland ecological civilization from four aspects of the institutional change, i.e. the goal, the subjects, the process and the environment. The results are as follows:first, the path can be divided into three phases:the slow-developing phase when the economic benefits possess higher significance, the fast-developing phase when the economic benefits and ecological benefits share an equal position, and the steady-developing phase when the ecological value is of predominance. Second, there are four factors influencing the performance of the institutional change, which are the sustainable degree of the institutional goal, the environmental protection concept of the leaders, the participation of other subjects in the institutional change process, and the strength of the external institutional support. Finally, this paper puts forward four suggestions to promote the performance of institutional change of China's grassland ecological civilization.
This study selects 30 provinces and cities from 1987-2012 urban residents' macro food consumption data, using the two-stage EASI model to estimate urban residents' food demand elasticity, and predicts the evolution of the urban residents' food consumption trend. The research results indicate that compared with the QUAIDS model, the EASI model fits Chinese urban residents' food consumption trend more accurately. It is expected that when the per capita disposable income reaches 120 thousand yuan, the family food demand will reach the saturation point in quantity. By then, urban residents will significantly improve their food quality, and the food expenditure share will slowly increase. Changes of Chinese citizens' food consumption structure basically conform to the Bennett's laws. The urban residents will gradually decline their calories from grain proportionally, but gradually increase those from meat and aquatic products proportionally. Moreover, as incomes rise, plant and animal consumption proportion will reach dynamic equilibrium.
Based on preponderant disciplines in universities, this paper chose the empirical research methods, analyzing the realization of science and technology innovation system that preponderant disciplines of universities promote, and summarized its path of industrial upgrading. Firstly, by analyzing the results of technical efficiency of provincial industrial upgrading, we supplemented and expanded the results which SFA model announce. By using SPSS to construct the correlation analysis between subject number and structure (the cross section data) and provincial technological efficiency on average, we have studied discipline superiority influence on technical efficiency. By the provincial index sorting, we also analyzed the industry technical efficiency characteristics of the three economic regions. Secondly, we analyzed the problems existing in the industrial upgrading of each main body, summarizing its functions and its connection with efficiency loss; thus, the new model about specific division is put forward. Again, on the basis of existing empirical macro-research, we made a microscopic analysis of the characteristics of each element of industrial upgrading paths. And according to the features of the elements of the economic region to complete match, we pointed out the emphasis of elements use of the regional industrial upgrading path. Finally, in allusion to the full content of the chapters, we put forward the corresponding policy recommendations.
Aiming at the strategy selection of farmers and processing enterprises during the processing of creative agricultural products, we study coordination mechanism during the long-term cooperation, and make the stability analysis of the strategy selection of different groups, based on the evolutionary game theory. Then, we make numerical stimulations from the interview data collected during the 2016 Beijing Agricultural Carnival. The research shows that the strategy choice of the farmers are mainly influenced by quality cost, ratio of input to output, purchasing price of agricultural products; the strategy choice of the enterprises are codetermined by processing cost, output ratio, price, and external benefits.
Information consumption can boost demand and promote economic growth, but there are regional differences in information consumption in our country. This paper applies the Theil Index model to investigate the dynamic change process of regional development of rural information consumption, and carries out its spatial decomposition in three areas of China from 2000 to 2015, in order to determine the causes of regional differences in information consumption. The results indicate that the difference of information consumption in the three regions mainly results from interregional differences, and is less affected by regional differences, and that the difference of information consumption in the eastern region is the main source of information consumption differences in rural areas. The contribution rate of information consumption in rural areas of China is characterized by a "shift" between regional differences and interregional differences, and has a periodicity. According to the characteristics of information consumption and consumption characteristics of the stage current, it can be seen that the development of information policy can effectively shorten the information consumption development cycle and accelerate the improvement of rural information consumption level.
A Pale View of Hills is a famous novel written by contemporary Japanese-born British novelist Ishiguro Kazuo. The novel is written in a narrative of tension. It tells the stories of several Japanese persons after the Second World War, showing everyone's self-ethics identity cognition and choice in different ethical relations. With the Ethical Literary Criticism, the thesis analyzes the identity of the characters in the novel and their ethical choices in the ethical situation at that time. Yuezi, the protagonist, could not bear the enormous impact of the atomic bomb explosion. She chose the former between her life self-awareness and her mother's ethical identity, and then she felt guilty about her daughter's suicide. The Japanese men,Erlang and Songtian made different choices between family ethical identity and social ethical identity. The different choices show Ishiguro Kazuo's ethical stance and human concern in his novel.
Tennessee Williams, one of the most well-known American playwrights in 20th century, created Blanche in typical female temperament, and Stanley, with typical male features, in his play A Streetcar Named Desire(hereinafter referred to as Streetcar). The radical contrast and conflict between these two main characters are controversially discussed by scholars at home and abroad, most of whom connect the work with Tennessee William's homosexuality identity or contradictions of cultural values between the North and the South in America. However, few studies on Streetcar set foot on the androgyny aspiration of the playwright. With Virginia Woolf's claim in her work A Room of One's Own that androgyny is an ideal condition for a writer to be creative, it is plausible to interpret main characters in Streetcar, therefore, to understand Tennessee Williams' worship on androgyny and his longing for an intact selfhood.
Parody is one of Cormac McCarthy's main narrative strategies. McCarthy is a contemporary American novelist with strong historical, national and religious consciousness, so the works he parodies are those with rich historical and cultural implication such as Homeric Epic, Bible, literary classics of the American West and corrido. McCarthy uses various ways when parodying different objects, which includes displaying the human evilness and the tragic complex in modern people's life pursuit, inspiring people to give up evil so as to build a perfect society, exposing the social evils in modern capitalistic big consumption era, using poetic language to show his irony towards the social darkness and the broken American dream, etc. McCarthy makes the readers recognize the history in intertextual contrasts through his parody.
Using the theoretical research method, the paper systematically reviews the literature related to case studies, multi-case studies and meta-analysis. This study finds that the multiple case studies embedded with the quantitative tendency can make up for the meta-analysis method's problems, and comes up with the multi-case oriented literature meta-analysis method and its research ideas. Furthermore, this study finds that the value of the multi-case meta-analysis method can be summarized as easy obtainability of data as well as low research costs, higher reliability and validity, and suitability for constructing new theories. The research design can be divided into research ideas, research steps (divided into 12 steps) and research results (divided into 2 categories and 4 types). It is suggested that the research should be problem-oriented, use the mixing research ideas comprehensively, and pay attention to the research professionalism.
The emergence and use of MOOC provides learners with fine education and resources and a broad learning platform and space for their interaction. It has important implication for constructing effective learning environment by focusing on the social dimension of learning activities. This paper takes collaborative learning, a new dimension, into the current study and put forward suggestions and referential principles on how to construct effective collaborative learning environment based on the theory of connectivism, arguing that implementation of modular service in management system of learning can monitor and serve learning more effectively. Also, the communication module embedded realizes the connection of personal learning environment and reinvests it with a more efficient operating mechanism. Besides, providing the learners with reflective tools and services is an effective way to promote the metacognition triggered in learning regulation.
The production practice, as an important practical teaching procedure, is of great significance for the talent cultivation of engineering majors. This study selected as subjects the students of Aircraft Engineering College of Beijing University of Aeronautics and Astronautics. The research tracked the students in terms of mood changes and production practice results in two years. Questionnaire survey, interview, comparative analysis and other research methods were integrated to observe the students'emotions, contrasting and analyzing the reasons in the two years' production practice. This study finds that the emotional change trend of the students is the main factor which affects the production practice and that effective emotion regulation can improve the production practice.
A questionnaire survey of the liberal arts students at Beihang University shows that students' major choice is affected by career prospects, personal interest, specialties and interpersonal relations. The career prospects of students play a key role in their decision, and the other three factors are relatively weak. The female respondents put a greater emphasis on career prospects. The students with lower family income are more concerned with career prospects than those with higher family income. In order to improve the rationality of the students' behavior, the university should strengthen the cultivation of personal interest, which can also help to ease the contradiction between free choice and the lack of teaching resources.