2015 Vol. 28 No. 1
2015, 28(1): 1-6.
DOI: 10.13766/j.bhsk.1008-2204.2014.0414
Abstract：
With the imperfect health care system and the increasing needs for medical care in China, it is not difficult to find more and more reports about the disputes, or even serious conflicts between doctors and patients in domestic hospitals, which obviously hinders the further development of medical care in China. The paper tries to use the new institutional economics theory to analyze the status of doctor-patient relationship in China, such as health bonuses of migration, cost of physician growth, transaction cost of "difficult and expensive" treatment and the external factors of the doctor-patient conflicts. The paper suggests that China need to improve the overall level of health care coordination so as to achieve cost internalization, promote scientific determination of property rights so as to transfer health care relation. China also needs to constrain physician behaviors by institutional and economic means and establish a multi-party financing mechanism to share the risk of medical care and thus resolve the conflicts between doctors and patients. Only then a sustainable development of medical care can be achieved in China.
With the imperfect health care system and the increasing needs for medical care in China, it is not difficult to find more and more reports about the disputes, or even serious conflicts between doctors and patients in domestic hospitals, which obviously hinders the further development of medical care in China. The paper tries to use the new institutional economics theory to analyze the status of doctor-patient relationship in China, such as health bonuses of migration, cost of physician growth, transaction cost of "difficult and expensive" treatment and the external factors of the doctor-patient conflicts. The paper suggests that China need to improve the overall level of health care coordination so as to achieve cost internalization, promote scientific determination of property rights so as to transfer health care relation. China also needs to constrain physician behaviors by institutional and economic means and establish a multi-party financing mechanism to share the risk of medical care and thus resolve the conflicts between doctors and patients. Only then a sustainable development of medical care can be achieved in China.
2015, 28(1): 7-12.
DOI: 10.13766/j.bhsk.1008-2204.2014.0394
Abstract：
The new rural endowment insurance system has an active role in solving the problem of supporting elderly peasants, but at the same time it also has some defects such as lack of dynamic adjustment mechanism and immoderate central finance burden level. This article designs a new dynamic adjustment mechanism for the rural fundamental annuities and calculates fundamental annuities payment level and central finance actual burden level by forecasting the growth rate of CPI and the per capital net income of peasants. By designing a central finance moderate burden level model of new rural endowment insurance, this article reckons central finance theoretical burden level. Compared with the actual level, a conclusion can be drawn that central finance can fully bear the burden of fundament annuities payment.
2015, 28(1): 13-16.
DOI: 10.13766/j.bhsk.1008-2204.2014.0395
Abstract：
The purchase of Private Supplementary Medical Insurance (PSMI) on the part of urban and rural residents are affected by three factors with other things being equal: whether the contract of PSMI permits the insured to select physicians to provide medical care in priority, whether PSMI withdraws the surplus outpatient fees after paying by the basic medical insurance and whether the insurer of PSMI provides information such as disease prevention, health consultation, health assessment and health education. In order to extend the coverage of PSMI, it is necessary to establish a close cooperation between the insurer of PSMI and medical organizations to provide privileged and prioritized medical care, to let the insurer of PSMI place the attention of withdraw of medical fees to the surplus outpatient fees after paying by the basic medical insurance, to let the insurer of PSMI provide the health promotion services such as disease prevention to the insured.
The purchase of Private Supplementary Medical Insurance (PSMI) on the part of urban and rural residents are affected by three factors with other things being equal: whether the contract of PSMI permits the insured to select physicians to provide medical care in priority, whether PSMI withdraws the surplus outpatient fees after paying by the basic medical insurance and whether the insurer of PSMI provides information such as disease prevention, health consultation, health assessment and health education. In order to extend the coverage of PSMI, it is necessary to establish a close cooperation between the insurer of PSMI and medical organizations to provide privileged and prioritized medical care, to let the insurer of PSMI place the attention of withdraw of medical fees to the surplus outpatient fees after paying by the basic medical insurance, to let the insurer of PSMI provide the health promotion services such as disease prevention to the insured.
2015, 28(1): 17-23.
DOI: 10.13766/j.bhsk.1008-2204.2014.0246
Abstract：
As the aging problem is getting increasingly serious,the mode of housing reverse mortgage loan seems to be a beneficial supplement of various endowment patterns in China. US housing reverse mortgage loan endowment pattern has made great efforts to ensure the legitimate rights and interests of the homeowners. By providing different types of loans,the US has established and perfected the financial system and met the needs of some elderly pensioners. Whit the experience from the US, to break the barriers in the implementation of housing reverse mortgage loan and make up for the lack of pension mode in China, Chinese government should adopt the system of reverse mortgage loan to supple the models of endowment through public service.
As the aging problem is getting increasingly serious,the mode of housing reverse mortgage loan seems to be a beneficial supplement of various endowment patterns in China. US housing reverse mortgage loan endowment pattern has made great efforts to ensure the legitimate rights and interests of the homeowners. By providing different types of loans,the US has established and perfected the financial system and met the needs of some elderly pensioners. Whit the experience from the US, to break the barriers in the implementation of housing reverse mortgage loan and make up for the lack of pension mode in China, Chinese government should adopt the system of reverse mortgage loan to supple the models of endowment through public service.
2015, 28(1): 24-29,40.
DOI: 10.13766/j.bhsk.1008-2204.2014.0277
Abstract：
The current research on the German urban housing policy interventions in China has seldom taken into account the combined effects of urbanization and socio-cultural traditions in Germany. The historical sociology research on German housing problems and policy actions shows that the housing problems and housing policy actions emerged in the early urbanization stage; in the middle urbanization stage, housing problems expanded and housing public policy actions dominated; in the late urbanization stage, housing social policy actions began to play a critical role. Only in the post-urbanization stage after World War II did German finally eradicate the problem of housing shortage and formed the regime of social housing. The German case embodies "the industrialization logic" and "the institutionalization logic" of evolutions of housing problems and the housing policy action during urbanization, which is an important inspiration for the housing problem in modern China.
2015, 28(1): 30-40.
DOI: 10.13766/j.bhsk.1008-2204.2014.0585
Abstract：
The downed Malaysia Airlines Flight MH17 is a human tragedy. The top priority of air transport development is to ensure flight safety and security. There should be unified technical standard for aircraft operation and uniform rules for air traffic which should be subject to uniform air traffic control. Laws and regulations for air navigation safety and security have been established systematically. Still there are many things that need to be done. International society is composed of sovereign states. In the international aviation relations, sovereign states play an important role. The "legalization" of international relations has become a general trend. The international rule of law needs to be strengthened and any state who dares to violate peremptory norm of international law should bear state responsibilities in order to prevent the tragedy from happening again. Thus the safety and security of air navigation can be effectively safeguarded.
The downed Malaysia Airlines Flight MH17 is a human tragedy. The top priority of air transport development is to ensure flight safety and security. There should be unified technical standard for aircraft operation and uniform rules for air traffic which should be subject to uniform air traffic control. Laws and regulations for air navigation safety and security have been established systematically. Still there are many things that need to be done. International society is composed of sovereign states. In the international aviation relations, sovereign states play an important role. The "legalization" of international relations has become a general trend. The international rule of law needs to be strengthened and any state who dares to violate peremptory norm of international law should bear state responsibilities in order to prevent the tragedy from happening again. Thus the safety and security of air navigation can be effectively safeguarded.
2015, 28(1): 41-52.
DOI: 10.13766/j.bhsk.1008-2204.2014.0638
Abstract：
The missing Malaysia Airlines Flight MH370 and the downed Malaysia Airlines Flight MH17 shows that international aviation safety legal mechanism has two major defects. The first is the lack of legal protection on how aircraft operators and manufactures provide and share the information of aircraft operation. The second is the lack of safety risk assessment system and early warning mechanism in the areas of armed conflicts. It is not practicable to improve the defects by international law, for it is very difficult to sign an international treaty among states in the first place, then the ambiguity of the treaty makes it difficult to implement, let alone the non-mandatory in execution. Therefore, to ensure international aviation safety and avoid similar accidents from happening again, it is necessary to improve the domestic legal system of aircraft airworthiness, specifying the responsibility of aircraft manufacturers, engine manufacturers and aircraft operators on the publicity and sharing of information of aircraft operation. At the same time, it is also very important to establish the safety risk assessment system and early warning mechanism in the domestic law.
The missing Malaysia Airlines Flight MH370 and the downed Malaysia Airlines Flight MH17 shows that international aviation safety legal mechanism has two major defects. The first is the lack of legal protection on how aircraft operators and manufactures provide and share the information of aircraft operation. The second is the lack of safety risk assessment system and early warning mechanism in the areas of armed conflicts. It is not practicable to improve the defects by international law, for it is very difficult to sign an international treaty among states in the first place, then the ambiguity of the treaty makes it difficult to implement, let alone the non-mandatory in execution. Therefore, to ensure international aviation safety and avoid similar accidents from happening again, it is necessary to improve the domestic legal system of aircraft airworthiness, specifying the responsibility of aircraft manufacturers, engine manufacturers and aircraft operators on the publicity and sharing of information of aircraft operation. At the same time, it is also very important to establish the safety risk assessment system and early warning mechanism in the domestic law.
2015, 28(1): 53-62.
DOI: 10.13766/j.bhsk.1008-2204.2014.0584
Abstract：
State responsibility for international air disasters has legitimacy of existence. Banning the use of force against civil aircraft is the basic principle in international law. Sovereign responsibility theory also provides a theoretical basis for it. For MH17 crash, internationally wrongful acts and injury consequence are undisputable. In an air crash, attribution of conduct to a state includes armed forces'misconduct, collision of a state aircraft with foreign civil aircraft on account of improper operation, criminals' illegal interfering behavior to foreign civil aircraft, state's organ or individual errors or mistake, behavior of armed rebellion and so on. The state providing weapons for the attackers of the civil craft have certain imputations. Fault elements have important influence on the way and degree of state responsibility for international disaster. Ukraine as a sovereignty state at least has fault liability for MH17 crash. There are barriers to the implementation of state responsibility for the international air disasters, but there is still a path, such as political solution, international litigation and negotiations.
State responsibility for international air disasters has legitimacy of existence. Banning the use of force against civil aircraft is the basic principle in international law. Sovereign responsibility theory also provides a theoretical basis for it. For MH17 crash, internationally wrongful acts and injury consequence are undisputable. In an air crash, attribution of conduct to a state includes armed forces'misconduct, collision of a state aircraft with foreign civil aircraft on account of improper operation, criminals' illegal interfering behavior to foreign civil aircraft, state's organ or individual errors or mistake, behavior of armed rebellion and so on. The state providing weapons for the attackers of the civil craft have certain imputations. Fault elements have important influence on the way and degree of state responsibility for international disaster. Ukraine as a sovereignty state at least has fault liability for MH17 crash. There are barriers to the implementation of state responsibility for the international air disasters, but there is still a path, such as political solution, international litigation and negotiations.
2015, 28(1): 63-69.
DOI: 10.13766/j.bhsk.1008-2204.2014.0629
Abstract：
On July 17, 2014, Malaysia Airlines (MH17) was shot down by a missile in eastern Ukraine where fierce fighting were going on between Ukrainian forces and insurgents, killing all passengers and crew aboard. Based on relevant facts, this article holds that intentional shooting down of the civilian airliner of other countries is a criminal offence that seriously endangers the safety of civil aviation. It violates the Geneva Convention relative to the Protection of Civilian Persons in 1949 and constitutes war crime under the Rome Statute of International Criminal Court. Due to many restrictions, it is difficult for the International Criminal Court or the International Court of Justice to employ jurisdiction over the states or persons involved in this tragedy. However, the state where the crime occurred, the state where the aircraft registered, the state where the criminals hide or the state to which the victims' nationality belongs have jurisdiction based on their domestic laws or according to the universal jurisdiction principle.
On July 17, 2014, Malaysia Airlines (MH17) was shot down by a missile in eastern Ukraine where fierce fighting were going on between Ukrainian forces and insurgents, killing all passengers and crew aboard. Based on relevant facts, this article holds that intentional shooting down of the civilian airliner of other countries is a criminal offence that seriously endangers the safety of civil aviation. It violates the Geneva Convention relative to the Protection of Civilian Persons in 1949 and constitutes war crime under the Rome Statute of International Criminal Court. Due to many restrictions, it is difficult for the International Criminal Court or the International Court of Justice to employ jurisdiction over the states or persons involved in this tragedy. However, the state where the crime occurred, the state where the aircraft registered, the state where the criminals hide or the state to which the victims' nationality belongs have jurisdiction based on their domestic laws or according to the universal jurisdiction principle.
2015, 28(1): 70-75.
DOI: 10.13766/j.bhsk.1008-2204.2014.0445
Abstract：
Many parties have significant interests at stake when it comes to the liability of the bank which sells trust products on which issuers have defaulted. The bank selling the product should be liable. The bank owes investors fiduciary duty if it advises the investors on the purchase. The bank may also be liable as an underwriter if the trust product is defined as a security. In short, the bank which sells trust products or wealth management products should not be free from legal liabilities.
Many parties have significant interests at stake when it comes to the liability of the bank which sells trust products on which issuers have defaulted. The bank selling the product should be liable. The bank owes investors fiduciary duty if it advises the investors on the purchase. The bank may also be liable as an underwriter if the trust product is defined as a security. In short, the bank which sells trust products or wealth management products should not be free from legal liabilities.
2015, 28(1): 76-80,115.
DOI: 10.13766/j.bhsk.1008-2204.2014.0601
Abstract：
According to the provisions of Trust Law, trustee manages or disposes of property rights in his own name, so the safety of the trust property and the interests of beneficiary are closely related to the behavior of the trustee. However, due to the lack of legislation and regulations, the problem about trustee responsibility undertaking makes it difficult to defuse the risk in passive trust. The trustee responsibilities in passive trust are shared among different parties, which lead to the diversity of the trustees under the same trust. Hence, the trustees shall bear corresponding responsibilities in accordance with their duties and benefits under the trust. Moreover, to clarify the undertaking of trustee responsibilities in passive trust, it is necessary to define and deal with the relationship of the trustee under the contract and other related parties correctly.
According to the provisions of Trust Law, trustee manages or disposes of property rights in his own name, so the safety of the trust property and the interests of beneficiary are closely related to the behavior of the trustee. However, due to the lack of legislation and regulations, the problem about trustee responsibility undertaking makes it difficult to defuse the risk in passive trust. The trustee responsibilities in passive trust are shared among different parties, which lead to the diversity of the trustees under the same trust. Hence, the trustees shall bear corresponding responsibilities in accordance with their duties and benefits under the trust. Moreover, to clarify the undertaking of trustee responsibilities in passive trust, it is necessary to define and deal with the relationship of the trustee under the contract and other related parties correctly.
2015, 28(1): 81-84.
DOI: 10.13766/j.bhsk.1008-2204.2014.0602
Abstract：
The merger and split of a trust belong to the category of trust variation. With the effects of reducing management cost, enhancing management benefit and realizing scale economic benefits, they have been widely applied to foreign-related civil and commercial trust. Since the merger and split always concern the interests of beneficiary, trust creditor and other interested parties, in comparative law its notification and challenge procedures are always stipulated according to the rules of company merger and dismantlement. Chapter Five of China's Trust Law has not included the general provisions on trust variation let alone the regulations on its merger and split based on that, which should be perfected in the future in order to meet the demands of trust efficiency.
The merger and split of a trust belong to the category of trust variation. With the effects of reducing management cost, enhancing management benefit and realizing scale economic benefits, they have been widely applied to foreign-related civil and commercial trust. Since the merger and split always concern the interests of beneficiary, trust creditor and other interested parties, in comparative law its notification and challenge procedures are always stipulated according to the rules of company merger and dismantlement. Chapter Five of China's Trust Law has not included the general provisions on trust variation let alone the regulations on its merger and split based on that, which should be perfected in the future in order to meet the demands of trust efficiency.
2015, 28(1): 85-91.
DOI: 10.13766/j.bhsk.1008-2204.2014.0199
Abstract：
Influenced by the concept of trust in Britain, American Trust Law develops distinctive features in the trust legal system in terms of standardized system and codified content. With the development of commercial trust practice and balance of parties' rights and other aspects of trust management innovation, the evolution of value basis of American trust law has become a dynamic equilibrium process, between the property law and the contract law with the focus on the balance of the parties' rights. It provides an inspiration for China to solve its own existing problems. The trust practice and innovation in China should follow trust legislation, and focus on the coordinated development of the legislative provisions, the legal attributes and the framework of trust.
Influenced by the concept of trust in Britain, American Trust Law develops distinctive features in the trust legal system in terms of standardized system and codified content. With the development of commercial trust practice and balance of parties' rights and other aspects of trust management innovation, the evolution of value basis of American trust law has become a dynamic equilibrium process, between the property law and the contract law with the focus on the balance of the parties' rights. It provides an inspiration for China to solve its own existing problems. The trust practice and innovation in China should follow trust legislation, and focus on the coordinated development of the legislative provisions, the legal attributes and the framework of trust.
2015, 28(1): 92-96.
DOI: 10.13766/j.bhsk.1008-2204.2014.0117
Abstract：
In order to improve the scientific airport slots allocation, Borda count method of the social choice theory is applied to the decision making of the slots allocation. Taking Beijing Capital International Airport as an example, the paper builds an evaluation index system in terms of market scale, operational efficiency, market potential and policy factors and determines the index weights by analytic hierarchy process model. The paper establishes a Borda model for slot allocation and applies numerical example to verify the feasibility of the model. The result shows that the established slots allocation model is scientific and rational. The decision-making process and decision outcomes can be improved effectively by the Borda count method applied to slots allocation.
In order to improve the scientific airport slots allocation, Borda count method of the social choice theory is applied to the decision making of the slots allocation. Taking Beijing Capital International Airport as an example, the paper builds an evaluation index system in terms of market scale, operational efficiency, market potential and policy factors and determines the index weights by analytic hierarchy process model. The paper establishes a Borda model for slot allocation and applies numerical example to verify the feasibility of the model. The result shows that the established slots allocation model is scientific and rational. The decision-making process and decision outcomes can be improved effectively by the Borda count method applied to slots allocation.
2015, 28(1): 97-101.
DOI: 10.13766/j.bhsk.1008-2204.2014.0096
Abstract：
Based on Chinese provincial panel data during 2003-2012, this paper tests the relationship among the rising real estate price, the credit expansion and the increasing land price by Granger causal model. The result shows that there is a mechanism of mutual feedback among the three factors above-mentioned. After evaluating the influence factors which lead to the rising real estate prices, it is found out that urban workers wages, the increasing average land price and credit expansion have an important positive influence on the rising real estate prices; but the supply of real estate has a negative effect on the rising real estate prices. It is very important to control fast rising real estate prices by increasing the supply of real estate, limiting real estate credit expansion and stabilizing land price.
Based on Chinese provincial panel data during 2003-2012, this paper tests the relationship among the rising real estate price, the credit expansion and the increasing land price by Granger causal model. The result shows that there is a mechanism of mutual feedback among the three factors above-mentioned. After evaluating the influence factors which lead to the rising real estate prices, it is found out that urban workers wages, the increasing average land price and credit expansion have an important positive influence on the rising real estate prices; but the supply of real estate has a negative effect on the rising real estate prices. It is very important to control fast rising real estate prices by increasing the supply of real estate, limiting real estate credit expansion and stabilizing land price.
2015, 28(1): 102-107.
DOI: 10.13766/j.bhsk.1008-2204.2014.0080
Abstract：
Based on dollar hegemony perspective, the paper analyzes the main reason behind the collapse of Bretton Woods System and sorts out the performance of dollar hegemony after the collapse of the Bretton Woods System. The result of the study shows that the international monetary system is not a neutral system, instead, it is a rule in the game among countries with the hegemonic countries as the rule-maker. Even with the declining hegemony of the US today, the US still does not allow other countries to reform the international monetary system. Thus in the discussion of the international monetary system reform, two factors must be taken into consideration: politics and power.
Based on dollar hegemony perspective, the paper analyzes the main reason behind the collapse of Bretton Woods System and sorts out the performance of dollar hegemony after the collapse of the Bretton Woods System. The result of the study shows that the international monetary system is not a neutral system, instead, it is a rule in the game among countries with the hegemonic countries as the rule-maker. Even with the declining hegemony of the US today, the US still does not allow other countries to reform the international monetary system. Thus in the discussion of the international monetary system reform, two factors must be taken into consideration: politics and power.
2015, 28(1): 108-111.
DOI: 10.13766/j.bhsk.1008-2204.2014.0009
Abstract：
The writing of AMP has its own peculiarity:standardization, specification, simplification, clearness, monosemy and consistency. To achieve correct and unambiguous effect, the translator is supposed to study first the original text in the context of ATA specification and other pertinent standards and then initiates the translation. Based on the analysis of ATA-2200, the paper dissects a maintenance incident resulted from the misunderstanding and mistranslation in a maintenance manual at a serving centre. Probing into the problems in the AMP translation, the paper lists out some basic skills based on the ATA-2200 specification.
The writing of AMP has its own peculiarity:standardization, specification, simplification, clearness, monosemy and consistency. To achieve correct and unambiguous effect, the translator is supposed to study first the original text in the context of ATA specification and other pertinent standards and then initiates the translation. Based on the analysis of ATA-2200, the paper dissects a maintenance incident resulted from the misunderstanding and mistranslation in a maintenance manual at a serving centre. Probing into the problems in the AMP translation, the paper lists out some basic skills based on the ATA-2200 specification.
2015, 28(1): 112-115.
DOI: 10.13766/j.bhsk.1008-2204.2013.0523
Abstract：
With the development of internet technology in recent years, university official micro-blog increases rapidly. This paper sorts out the operation of several university micro-blogs and finds the blog has mainly three functions: interpretation of university policies and news, handling of emergencies and crises, and establishment of a positive image of the university. Through operating and managing the official micro-blog, universities carry out targeted activities, both online and offline. With the increasing media attention and the social influence, university official micro-blog has become an important bridge between the university and the society.
With the development of internet technology in recent years, university official micro-blog increases rapidly. This paper sorts out the operation of several university micro-blogs and finds the blog has mainly three functions: interpretation of university policies and news, handling of emergencies and crises, and establishment of a positive image of the university. Through operating and managing the official micro-blog, universities carry out targeted activities, both online and offline. With the increasing media attention and the social influence, university official micro-blog has become an important bridge between the university and the society.
2015, 28(1): 116-120.
DOI: 10.13766/j.bhsk.1008-2204.2013.0564
Abstract：
The paper employs academic self-efficacy scale and CEQ to investigate 400 university students in Beijing University of Aeronautics and Astronautics. The relationship among academic self-efficacy,CEQ , course satisfaction and the mediating effect of CEQ are examined. The results indicate that there is no significant difference between male and female students' scores on three variables. However,urban students do show higher level of academic self-efficacy than rural students. Academic self-efficacy has a direct effect on course satisfaction. Moreover, course experience plays a partial mediating role in the relation between academic self-efficacy and course satisfaction.
The paper employs academic self-efficacy scale and CEQ to investigate 400 university students in Beijing University of Aeronautics and Astronautics. The relationship among academic self-efficacy,CEQ , course satisfaction and the mediating effect of CEQ are examined. The results indicate that there is no significant difference between male and female students' scores on three variables. However,urban students do show higher level of academic self-efficacy than rural students. Academic self-efficacy has a direct effect on course satisfaction. Moreover, course experience plays a partial mediating role in the relation between academic self-efficacy and course satisfaction.
