2019, Vol. 32 No.3
Publication date: 25 May 2019
Due to the great influence of CISG on the enactment of Contract Law of PRC, no general rules on the risk assuming exit. Fault is not necessary for the assuming for the liability of breach of contract in the general part of Contract Law of PRC. In formulating the general principles concerning risk assuming, it seems contradictory to the non-fault principles if fault or imputation still plays a great role in the concept of risk assuming.
German Civil Construction contracts do not require them to follow the "The Construction Contract Procedures Part B (VOB/B)". The provisions of the German Civil Law are often not detailed enough. In the past, some civil construction contract often had controversial issues, and the contract articles were not standardized. It can only rely on the negotiation between the parties and the judgment of the court. There are a wide range of judgments covering this area, and lack of transparency. Considering the type of construction contract and the continuous development of construction technology, the content is complex and special, and the Construction contract often has a long period of performance. The accumulated judgment also makes the conditions of the new special legislation mature. The German Federal Parliament passed a bill to amend the Construction Contract Law in the Civil Code. The Construction contract (§§650 A-650O), the architect and engineer contract (§§650P-650T), and the consumer engineering contract (§§650U-650V) are included in the amendment. The motives for the change oders considered by the legis-lator in the amendment are cited as "complex construction contracts with longer performance periods", but in practice, it is not necessary to require the project contract implementation period to be longer or more complicated, and the change can be indicated.
According to case review, between 2012 to 2018, the breaching parties claim mostly for reducing liquidate damages in majority cases decided by "Supreme Court" of China-Taiwan on the contract breaching issue of the pre-sale of commercial houses. Claiming the liquidated damages, there is a certain limit to comply with,stipulated by Mandatory Provisons of Standard Contract issued by the "Administrative Agency" in China-Taiwan. Author finds that the "Courts' Decisions" are different on status of breaching party. The sellers' claims for reducing liquidated damages were refused in cases decided by "Courts" at all levels. The buyers' claims for reducing liquidated damages were refused by "District Courts", while the decisions of "Supreme Court" are always in favor for buyers.
Since the 18th National Congress of the CPC, the CPC Central Committee with Comrade Xi Jinping as the core has attached great importance to intra-Party supervision. Based on summarizing and inheriting the historical experience, the CPC Central Committee has focused on solving problems, constantly pushed forward the innovation and development of intra-Party supervision theory and practice, put forward the new concepts of intra-Party supervision, including its significance, necessity, system, key points, responsibilities, paths and forms and thus hasformed a relatively complete system of intra-Party supervision concept, which has provided a solid foundation for strengthening intra-Party supervision and realizing the comprehensive and strict governance of the Party.
Under the progressive logic, the promotion of "unable to commit corruption" needs to gradually improve the system, provide support for "don't dare to commit corruption", and then realize the transformation of discipline inspection and supervision from taking temporary solutions to seeking both temporary and permanent solutions. The problems that have arisen in the process of advancing the "unable to commit corruption" are also constantly changing. At present, the three main problems are dare not to act, nonfeasance, and excessive trace management. In order to better solve these problems and achieve "unable to commit corruption" and then make sure officials don't dare to, are unable to and have no desire to commit corruption, it is a must to proceed with aspects such as gradually shift from value orientation, gradually adjust the object of supervision, gradually improve the system content, and gradually improve the institutional system.
National auclit plays a very important role in discovering, resisting and preventing corruption. Data of China was used to test the Chinese government and its objectives of fighting against corruption. The role of audit in anti-corruption is closely related to laws and regulations, the independence of audit, the level of political commitment, the influence of leaders of audit in last year, and the number of auditors and the resources devoted to audit work. The above factors have a significant impact on the anti-corruption performance of audit.To enhance the effect of auditing on anti-corruption, it is suggested from the following aspects: further perfecting the related system, intensifying the accountability, reforming the audit management system, strengthening the human resources management of audit and promoting the construction of audit professionalization.
Using questionnaire and interview, with the sample in Beijing as an example, analyzes the talent service need index system and supply strategy. It finds that the need of talent service is mainly reflected in three aspects. The first is work-related service such as talent recruitment, training and development, evaluation, incentive, innovation and entrepreneurship, and commuting. The second is life-related service such as occupational and residential docking, renting, high-quality neighborhood environment, catering, medical care, psychology and friendship, child education, and child care. The third is supplementary service such as convenient and dynamic service. According to the service need index system, the strategy of talent service supply strategy is proposed from the aspects of work, life and comprehensive support.
In the context of deepening reform comprehensively, public management has become increasingly complex. The governing ability of civil servants needs to be constantly improved to ensure making scientific decision. Whether civil servants can take advice readily and listen to others' suggestions actively are the key to improve the administrative level of the government. The current research on voice and advice mostly focus on private sector, and rarely on the perspective of advice taking, especially in the public sector. After review of advice-taking literature, we find that decision-maker's advice taking is mainly influenced by three factors: the professional level of advisor; the types and timing of advice; the self-efficacy, emotional state and power of the decision-makers. Combining with the management characteristics of public sector, this paper applies the existing research conclusions to the advice-giving and advice-taking of civil servants, and expounds the public sector advisors how to make better suggestions in the organization, and improve the acceptance of advice; decision-makers how to seek advice actively and improve the quality of decision-making.
For the purpose of more comprehensive description of Chinese stock market volatility, using the data of Shanghai composite index and Shenzhen component index from January 12th, 2001 to December 23rd, 2016, the paper analyzed the volatility of Chinese stock markets with the MRS-APGARCH model. The results indicate that the two markets often act with three volatility states and the probability of mild violating is the highest. Volatility of stock returns has time-varying long memory and leverage effect. Compared with other literature, the paper improves the estimation of parameters. Empirical findings are of great importance for construction of risk defense system.
This paper focuses on the industrial structure optimization and the development of low-carbon economy of Beijing-Tianjin-Hebei in view of the concept of "greenness" and "innovation" in the five development ideas put forward by the government. First of all, the development status quo of industrial structure is showed through a series of data indicators. Then from the empirical study, we can conclude that the four factors, which are scientific and technological innovation, low carbon energy, capital stock and the level of opening up, all significantly affect industrial structure optimization. Through the coupling analysis of low-carbon economic development and industrial structure optimization, the result shows that there are positive coupling effects in Beijing, Tianjin and Hebei, among which Hebei has the greatest impact. Above all, suggestions on policy are put forward.
This paper adopts the vector autoregressive model to analyze the impact of economic policy uncertainty on price level by using policy uncertainty index proposed by Baker. The impulse response results show that policy uncertainty has a negative impact on price level and classification price index. The impact on PPI was stronger and shorter than on CPI. The consumer price index of rural residents is affected by the economic policy uncertainty more than the consumer price index of city residents is. The more consumers spend on consumer goods, the greater impact economic policy uncertainty has on consumer goods price index. The variance decomposition results show that the contributions of economic policy uncertainty to the price index changes were different. The contribution to CPI and its classification index is higher than that to PPI and its classification index. The contribution to the change of the rural residents' consumer price index is higher than that of the urban residents' consumer price index. There is little difference in the contribution of each consumer price index.
With the extensive growth of the global economy, the human's living environment has been faced with serious challenges. Many scholars began to focus on sustainable development and green consumption. Based on the theory of normative activation, and regarding the green consumption behavior as the environmental lottery intention, the study analyzed the relationship between environmental awareness, lottery cognition, consumption motive, consumption experience, personal norms and environmental lottery intention. It is found that environmental awareness, lottery cognition, consumer experience and personal norms had significant impacts on the consumers' willingness to buy environmental lottery. Therefore, the study suggested that the emphasis of green consumption should be shifted from the consumer benefits to the social value of consumption behavior, so as to enhance the consumers' willingness to green consumption.
Willingness and behavior of agricultural insurance participators reflect the potential and effective demands of farmers. Hence, the willingness and behavior of farmers are inconsistent, since the influencing factors of farmers' willingness and behavior may be different. Based on the field survey in 3 major cotton production counties, this paper analyzes the difference and the influencing factors of cotton growers' willingness and behavior. The results show that cotton growers' willingness is lower than the actual participation. And the influencing factors of cotton growers' willingness and behavior to participate in agricultural insurance in Xinjiang have both similarities and differences. The results also show that cotton growers have a potential demand for agricultural insurance products that can cover both natural risks and market risks. Therefore, cotton growers' willingness of insurance demand should be highly valued and readily marketable insurance products should be developed.
Dickens in his last finished novel Our Mutual Friend provides a vivid picture of the middle classes in the mid-19th century. Dickens witnessed a time of transition when changes of the English society had been altering the static hierarchy of the past century. That society was not only a diversified and conflicted one but also one that progressed by yoking together these contradictions. Raymond Williams's culture theories are especially useful in examining this situation, where residual, emergent and dominant cultures interplay with each other. It helps to sort out a more clarified picture of middle-class cultures and in turn to observe Dickens's response to this cultural phenomenon.
Analyzing The Dead Father, a novel written by American Writer Donald Barthelme, from the perspective of the Postmodern Sublime aesthetics advocated by the French philosopher Jean-François Lyotard, the article points out that the text of the novel represents the aesthetic characteristics of the postmodern sublime in three aspects: indeterminacy, "the inhumain" and the unpresentable. Dead Father's being in the state of "differend", the inconsistence and discordance between lines in the text, and Dead Father's repudiated age with the negation of the linear time, are the representations of indeterminacy, which triggers the awareness of nihility that eventually directs at the postmodern sublime. "The inhumain" under the control of the scientific and technological ration leads to the waning of affect of human beings, while the readers' contemplation of "the inhumain" producing the sentiment of the postmodern sublimity, which extricates themselves from the technical and material control. The dissolution of the ubiquitous influence of Dead Father and his ability to arouse fear is the negative presentation of the unpresentable, therefore, through the negative presentation, the postmodern sublime is presented.
Metaphors can be used to help people to know new things and understand new concepts. By changing the way people perceive things, they can also provide guidance for future action. They are, therefore, sometimes used as means to popularize new knowledge or concepts in science education. In At War with the Planet, the first chapter of Making Peace with the Planet, biologist Barry Commoner uses the metaphor "environmental crisis as war" and its extensions to raise the public awareness of the environmental crisis, its gravity and the underlying causes. By examining dialectically the interplay between technology and the environment, Commoner reveals the intersubjectivity between man and nature and his view of ecological holism. The use of war as a metaphor for environmental crisis and its extensions by later environmentalists further proves the attraction and expressiveness of such metaphors and confirms the important role metaphors can play in popularizing new knowledge or concepts in science.
The concept of language faculty has attracted extensive attention in the field of linguistics, biology, psychology and cognitive science ever since its birth. Arguments on language faculty have been offered by Hauser, Chomsky & Fitch, Pinker & Jackendoff, Fitch, Hauser & Chomsky as well as Jackendoff & Pinker, mainly concerning the categorization of language faculty and the view on language evolution. Through the detailed interpretation and deep-going analysis of the arguments, it can be found that their disputes focus on whether recursion is unique to human and language. Finally, some comments on language faculty are made in close reference to the recent relevant studies, and thus it can be concluded that recursion may not be specific to human beings, but certainly not unique to language.
Based on the data of the three global university rankings (2013—2106), and using the multidimensional scaling analysis and clustering analysis, the types, features and development trends of the World-Class Universities are discovered. The findings in this article include: the World-Class universities can be divided into two types and four subtypes, and each of them respectively represents different characteristics of universities; the development trends show a steady pluralism and attach importance to scientific research and different development trends; the education and teaching quality is the key core and bottleneck of World-Class Universities, especially when they are ready to achieve the transformation of development. The "double top construction" in China should pay more attention to the quality of education, never neglecting the nature of university education, and should avoid the unhealthy tendencies of giving far more priority to scientific research rather than to teaching in pursuit of rankings.
Based on the perspective of the academic and political roles of university think tank experts, the article explains the collision and conflict of university think tank experts in their academic roles and political ones. Academic and political roles are interactive and inverse. When the think tank experts are involved in the academic and political interaction without limits, the role images will be damaged. When the academic and political roles are "mutually exclusive", the political role is fulfilled while the academic role is shelved. After all, the academic role is the foundation of university think tank experts. It is suggested that the university think tank experts, playing a political think tank role, should have a warning line. To this end, the university think tank experts between the academic and political roles should adhere to the principle of value neutrality, appropriate blending, keeping distance, keeping the balance, so as to avoid confusion and conflict of roles.
With the emergence of a series of social problems and rapid development of the world's science and technology revolution, interdisciplinary education has become an important way to develop talents in a complex social context. Based on the understanding of the core and boundary of interdisciplinarity,the connotation of interdisciplinary education is to cultivate students' interdisciplinary synthesis ability through the integration of disciplines and the reform of the corresponding education system. The VCU da Vinci Center for Product Innovation interprets the connotation of the interdisciplinary education through a clear system of object-evaluation, interdisciplinary adaptation curriculum and interdisciplinary living-learning condition. Inspired from the above-mentioned experience, the interdisciplinary talents cultivation in China should optimize the conceptual design of interdisciplinary education, establish specialized interdisciplinary organizations, develop a reasonable interdisciplinary curriculum and create an interdisciplinary living-learning atmosphere.
In order to improve engineering practice ability of students, the project centered curriculum is established by the University of Queensland, Australia. Projects are designed to be substantial pieces of original work that simulate real engineering practice using topical tasks and problems sourced from industry and research. The students are asked to design engineering solutions and build the models. With the aim of cultivating the engineering graduates demanded in the 21st century, the aspects of graduate attributes, learning objectives, learning activities, assessment tasks and assessment criteria & standards are used by the principle of pedagogical model to develop the ability to apply knowledge, analyze problems, design solutions, manage projects and communicate effectively. This paper described and discussed the features of the project centered curriculum by the University of Queensland, Australia, so that our country could draw inspiration for the curriculum design of students engineering practice.
Government reengineering is the core issue of Public Management Research, and the study of the paradigm of government reengineering is the main content of this issue. Through systematically reviewing the literature on the reform of the government, it is found that the different theories of government reform are essentially related, and they can be classified into various types of government reengineering paradigms such as organization reengineering paradigm, technology reengineering paradigm and mixed reengineering paradigm by taking "technical" which is defined as "the system knowledge of manufacturing a product" as the division standard. Based on the theoretical achievements of Kuhn, Osborne and other scholars, this paper respectively expounds three paradigms from four aspects: the reengineering goal, the main body, the ideas and the methods. It concludes that, each of the three kinds of government reengineering paradigms has its own advantages, disadvantages and applicable areas, and that the actual situation of the environments, the results, the objects, the dynamic change of the environments and the utilization of the resources must be taken into overall consideration when choosing the paradigm.