2015 Vol. 28 No. 3
2015, 28(3): 1-8.
DOI: 10.13766/j.bhsk.1008-2204.2014.0202
Abstract：
There are three interrelated and distinguishable analysis perspective about China's county level management in terms of academics and management reform discussion, namely county power, county politics and county governance. County power structure, county political structure and county governance evolve the way of institutional cooperation, showing the characteristics of path dependence of system innovation. The basic link of the county governance depends on the system innovation of the power structure and the overall design of power structure, which is the guarantee of the orderly development of the county governance reform.
There are three interrelated and distinguishable analysis perspective about China's county level management in terms of academics and management reform discussion, namely county power, county politics and county governance. County power structure, county political structure and county governance evolve the way of institutional cooperation, showing the characteristics of path dependence of system innovation. The basic link of the county governance depends on the system innovation of the power structure and the overall design of power structure, which is the guarantee of the orderly development of the county governance reform.
2015, 28(3): 9-15.
DOI: 10.13766/j.bhsk.1008-2204.2014.0545
Abstract：
As an active exploration for social governance innovation, social enterprise aims at solving social problems, eliminating obvious bounds among government, market and social sector through commercial mechanisms. It is also a greathelp for social governance innovation while focusing on developing an integration model for both for-profit and Non-Profit Organizations. This paper first expounds a multidimensional definition of social enterprise combining with environmental contexts of different countries, and thensums up four practical models including relying on the traditional institution, introducing market mechanism, devoting to social purpose and paying close attention to the interests of community member. Finally, it discusses how to develop social enterprises in China from the angle of the government, enterprises and social organizations.
As an active exploration for social governance innovation, social enterprise aims at solving social problems, eliminating obvious bounds among government, market and social sector through commercial mechanisms. It is also a greathelp for social governance innovation while focusing on developing an integration model for both for-profit and Non-Profit Organizations. This paper first expounds a multidimensional definition of social enterprise combining with environmental contexts of different countries, and thensums up four practical models including relying on the traditional institution, introducing market mechanism, devoting to social purpose and paying close attention to the interests of community member. Finally, it discusses how to develop social enterprises in China from the angle of the government, enterprises and social organizations.
2015, 28(3): 16-22,32.
DOI: 10.13766/j.bhsk.1008-2204.2014.0618
Abstract：
Government-society relationship plays an important role in innovating China's governance system. This research studied the evolution of International Non-Government Organization (INGO) policies in Yunnan and developed a "collaborative framework" of government-society relationship, which aims at solving regional development needs. Results show that the implementation of INGO policies largely relies on the intra-government cooperation and on the government-INGO collaboration to provide social services. To further explore a sustainable government-society relationship, institutional innovation and a more service-oriented governance system are needed.
Government-society relationship plays an important role in innovating China's governance system. This research studied the evolution of International Non-Government Organization (INGO) policies in Yunnan and developed a "collaborative framework" of government-society relationship, which aims at solving regional development needs. Results show that the implementation of INGO policies largely relies on the intra-government cooperation and on the government-INGO collaboration to provide social services. To further explore a sustainable government-society relationship, institutional innovation and a more service-oriented governance system are needed.
2015, 28(3): 23-32.
DOI: 10.13766/j.bhsk.1008-2204.2014.0203
Abstract：
Different from the reform background of the western countries which mainl deal with crises of social welfare states, increase government efficiency and alleviate financial burdens, the Chinese government, from 1990s, started to pursue public service contracting-out in many fields of public service in the background of initiating people's livelihood finance, transforming government functions and stimulating the vigor of market and social institutions. In order to demonstrate the implementation of public service contracting-out in China, the paper firstly proposes that the theoretical logic of contracting-out is to replace hierarchical governance with contract governance. Next, the paper analyzes the realistic reasons of local governments pursuing contracting out in China for various reasons such as economic, political, social and management ones. Lastly the paper discusses the implementation of public service contracting-out in the aspects of what to contract out, who to get the contract, how to contract out and what effects of contracting-out.
Different from the reform background of the western countries which mainl deal with crises of social welfare states, increase government efficiency and alleviate financial burdens, the Chinese government, from 1990s, started to pursue public service contracting-out in many fields of public service in the background of initiating people's livelihood finance, transforming government functions and stimulating the vigor of market and social institutions. In order to demonstrate the implementation of public service contracting-out in China, the paper firstly proposes that the theoretical logic of contracting-out is to replace hierarchical governance with contract governance. Next, the paper analyzes the realistic reasons of local governments pursuing contracting out in China for various reasons such as economic, political, social and management ones. Lastly the paper discusses the implementation of public service contracting-out in the aspects of what to contract out, who to get the contract, how to contract out and what effects of contracting-out.
2015, 28(3): 33-38.
DOI: 10.13766/j.bhsk.1008-2204.2014.0213
Abstract：
Taking Beijing Collaborators of Social Work Development Center (hereinafter referring to as "Beijing Collaborators") as an example, the paper lists out the problems Beijing Collaborators faces: financial distress of tight balance and unstable financial support, inequality status of officials and Non-Governmental Organizations in a closed-loop system of government resources, embarrassment between Non-Profit Organization (NPO) and government resulting from the conflict of traditional management role of the government and spirit of modern contract. Based on the Rhodes policy network classification model, this paper explores the subjects and behaviors in the policy community, professional network, producer networks and issue network in the construction of NPO development environment. It is found that there is an interactive relationship among Beijing Collaborators and the government, enterprises, other NPO, professional networks and issue networks. This paper illustrates that there is an asymmetry interaction based on resource dependence between Beijing Collaborators and the government, symmetry interaction based on resource exchange between Beijing Collaborators and the enterprise, dual relationship of cooperation and game between Beijing Collaborators and NPO, cooperation relationship among Beijing Collaborators, professional network and issue network.
Taking Beijing Collaborators of Social Work Development Center (hereinafter referring to as "Beijing Collaborators") as an example, the paper lists out the problems Beijing Collaborators faces: financial distress of tight balance and unstable financial support, inequality status of officials and Non-Governmental Organizations in a closed-loop system of government resources, embarrassment between Non-Profit Organization (NPO) and government resulting from the conflict of traditional management role of the government and spirit of modern contract. Based on the Rhodes policy network classification model, this paper explores the subjects and behaviors in the policy community, professional network, producer networks and issue network in the construction of NPO development environment. It is found that there is an interactive relationship among Beijing Collaborators and the government, enterprises, other NPO, professional networks and issue networks. This paper illustrates that there is an asymmetry interaction based on resource dependence between Beijing Collaborators and the government, symmetry interaction based on resource exchange between Beijing Collaborators and the enterprise, dual relationship of cooperation and game between Beijing Collaborators and NPO, cooperation relationship among Beijing Collaborators, professional network and issue network.
2015, 28(3): 39-43.
DOI: 10.13766/j.bhsk.1008-2204.2014.0077
Abstract：
Corporate Social Responsibility(CSR)is the sum of bearing due responsibility to stakeholders and social regulation on corporate behavior in the process of pursuing economic benefits. Enterprises can establish good corporate image, create favorable media opinion, and enhance market competitiveness by bearing social responsibility. But when the cost of taking social responsibility is greater than the benefit or the failure in bearing social responsibility is low, it will appear such problems as environmental pollution, food safety, labor conflicts and lack of credit. As the regulation on corporate behavior, CSR public policy should guide, supervise and control the enterprises in bearing social responsibility. Steady progress in CSR is made by the Chinese central government, local government and self-discipline organizations, and some results have been achieved, CSR initiatives is getting increasingly strong. Still there are many defects about agency settings, rewards and punishments mechanism, and institutional arrangement. It is suggested that special management mechanism be established, rewards and punishments mechanism be balanced, widely accepted standard and its supporting system be formulated.
Corporate Social Responsibility(CSR)is the sum of bearing due responsibility to stakeholders and social regulation on corporate behavior in the process of pursuing economic benefits. Enterprises can establish good corporate image, create favorable media opinion, and enhance market competitiveness by bearing social responsibility. But when the cost of taking social responsibility is greater than the benefit or the failure in bearing social responsibility is low, it will appear such problems as environmental pollution, food safety, labor conflicts and lack of credit. As the regulation on corporate behavior, CSR public policy should guide, supervise and control the enterprises in bearing social responsibility. Steady progress in CSR is made by the Chinese central government, local government and self-discipline organizations, and some results have been achieved, CSR initiatives is getting increasingly strong. Still there are many defects about agency settings, rewards and punishments mechanism, and institutional arrangement. It is suggested that special management mechanism be established, rewards and punishments mechanism be balanced, widely accepted standard and its supporting system be formulated.
2015, 28(3): 44-50.
DOI: 10.13766/j.bhsk.1008-2204.2014.0511
Abstract：
Non-Profit Organization(NPO) is supposed to spread positive energy. NPO is needed to help government meet the demand of its social members and gain the recognition of the society. NPO obtains public influence from the encouragement of the government. Sound interaction of the two parties depends on the balance between the authority of the government and the freedom of the NPO. The paper puts forward a case study on the the current development situation of J Association in Henan province. The paper suggests that a benign development between the government and NPO lie in the ambiguity of the government in terms of functional boundaries and role positioning. The paper also holds the opinion that the goal of the two sides should be the same and NPO should adjust itself to meet the demand of the environment.
Non-Profit Organization(NPO) is supposed to spread positive energy. NPO is needed to help government meet the demand of its social members and gain the recognition of the society. NPO obtains public influence from the encouragement of the government. Sound interaction of the two parties depends on the balance between the authority of the government and the freedom of the NPO. The paper puts forward a case study on the the current development situation of J Association in Henan province. The paper suggests that a benign development between the government and NPO lie in the ambiguity of the government in terms of functional boundaries and role positioning. The paper also holds the opinion that the goal of the two sides should be the same and NPO should adjust itself to meet the demand of the environment.
2015, 28(3): 51-59.
DOI: 10.13766/j.bhsk.1008-2204.2014.0308
Abstract：
Flight delay is delay of performance, whose definition should adopt reasonable expectation doctrine. Chinese law on the classification of delay isn't suitable. The international doctrine of liability fixation about flight delay insists on the doctrine of presumptive. The EU has experienced initial, mature and perfect periods in the improvement of flight delay responsibility. And now it is improving the protection for passengers by revising regulations and judiciary cases, and in the future it will further strengthen passengers' rights. The complaints caused by flight delay have been more and more serious in China due to the low level of legislation and lots of legal blankness,so the airlines usually make use of the legal blankness and avoid undertaking liability. Recently, CAAC released the new legislation draft, the first special legislation about flight delay, which reflects the legislative trend of strengthening the protection of passenger rights but it is still on the lower stage of EU's legislative development. By comparing China with EU on related legislation and practice, the paper makes pertinent suggestions on the liability system and specific practice about Chinese flight delays.
Flight delay is delay of performance, whose definition should adopt reasonable expectation doctrine. Chinese law on the classification of delay isn't suitable. The international doctrine of liability fixation about flight delay insists on the doctrine of presumptive. The EU has experienced initial, mature and perfect periods in the improvement of flight delay responsibility. And now it is improving the protection for passengers by revising regulations and judiciary cases, and in the future it will further strengthen passengers' rights. The complaints caused by flight delay have been more and more serious in China due to the low level of legislation and lots of legal blankness,so the airlines usually make use of the legal blankness and avoid undertaking liability. Recently, CAAC released the new legislation draft, the first special legislation about flight delay, which reflects the legislative trend of strengthening the protection of passenger rights but it is still on the lower stage of EU's legislative development. By comparing China with EU on related legislation and practice, the paper makes pertinent suggestions on the liability system and specific practice about Chinese flight delays.
2015, 28(3): 60-69.
DOI: 10.13766/j.bhsk.1008-2204.2014.0413
Abstract：
International air management system is structural rules forthe standardization of international air transport activities by the air transport agreements signed by different countries. Before the First World War,the unilateralism of international air transport management system prevailed. From the First World War to the end of the 1970s, multilateralism became the main mode. From the end of 1970s, the international air transport management system showed a tendency of regionalization and globalization. Through the analysis of the advantages and disadvantages of bilateral and multilateral management system, the paper predicts that the coexistence of the bilateral and multilateral systems remains the basic trend of international air transport management system.
International air management system is structural rules forthe standardization of international air transport activities by the air transport agreements signed by different countries. Before the First World War,the unilateralism of international air transport management system prevailed. From the First World War to the end of the 1970s, multilateralism became the main mode. From the end of 1970s, the international air transport management system showed a tendency of regionalization and globalization. Through the analysis of the advantages and disadvantages of bilateral and multilateral management system, the paper predicts that the coexistence of the bilateral and multilateral systems remains the basic trend of international air transport management system.
2015, 28(3): 70-73,96.
DOI: 10.13766/j.bhsk.1008-2204.2013.0347
Abstract：
China has started revising the previous Copyright Law since 2012. The revised draft, for the first time, supplemented the punitive damages of copyright infringement written in Article 72. To further clarify the vague range that infringement damages may contain, the paper analyses, by applying legal interpretation method, the right for authors to claim their mental detriment and the judgment standard for the mental detriment claims. The paper points out that the draft of Copyright Law should take mental detriment claims of authors into consideration and provide proper protection for authors. Some thoughts on the rough damages about mental detriment claims have also been presented in the end of the paper.
China has started revising the previous Copyright Law since 2012. The revised draft, for the first time, supplemented the punitive damages of copyright infringement written in Article 72. To further clarify the vague range that infringement damages may contain, the paper analyses, by applying legal interpretation method, the right for authors to claim their mental detriment and the judgment standard for the mental detriment claims. The paper points out that the draft of Copyright Law should take mental detriment claims of authors into consideration and provide proper protection for authors. Some thoughts on the rough damages about mental detriment claims have also been presented in the end of the paper.
2015, 28(3): 74-79.
DOI: 10.13766/j.bhsk.1008-2204.2014.0181
Abstract：
As the cornerstone of private international law,the doctrine of party autonomy has been widely accepted by most countries to adjust international civil and commercial relations. However, parties are not always entirely on an equal footing in real life and unquestioning adherence to party autonomy would infringe the interests of the weak party. This article analyzes party autonomy weak protection in private international law from the perspective of contract with a discussion about the legal issues related to the weak protection under the Law of the People's Republic of China on Choice of Law for Foreign-related Civil Relationships. The paper concludes that weak protection should be established as one of the principles of private international lawin order to better balance the interests of both parties concerned.
As the cornerstone of private international law,the doctrine of party autonomy has been widely accepted by most countries to adjust international civil and commercial relations. However, parties are not always entirely on an equal footing in real life and unquestioning adherence to party autonomy would infringe the interests of the weak party. This article analyzes party autonomy weak protection in private international law from the perspective of contract with a discussion about the legal issues related to the weak protection under the Law of the People's Republic of China on Choice of Law for Foreign-related Civil Relationships. The paper concludes that weak protection should be established as one of the principles of private international lawin order to better balance the interests of both parties concerned.
2015, 28(3): 80-85.
DOI: 10.13766/j.bhsk.1008-2204.2014.0143
Abstract：
Marx extended the natural view of time-space to social field. On the basis of Marx's time space view, Harvey put forward the dialectical view of space-time with more emphasis on space perspective. The views of time-space on Marx and Harvey generated from different backgrounds and had different value orientations: Marx's view is based on the free all-round development of human beings, whereas Harvey's view on dialectical utopia. The view of time-space is closely linked to the development. It is hoped that through the comparative study of the concept of space-time in Marx and Harvey,a new perspective for the current development of Chinese society can be obtained.
Marx extended the natural view of time-space to social field. On the basis of Marx's time space view, Harvey put forward the dialectical view of space-time with more emphasis on space perspective. The views of time-space on Marx and Harvey generated from different backgrounds and had different value orientations: Marx's view is based on the free all-round development of human beings, whereas Harvey's view on dialectical utopia. The view of time-space is closely linked to the development. It is hoped that through the comparative study of the concept of space-time in Marx and Harvey,a new perspective for the current development of Chinese society can be obtained.
2015, 28(3): 86-91.
DOI: 10.13766/j.bhsk.1008-2204.2014.0397
Abstract：
The paper analyzes the important role preferred stock played in the 2008 US. financial crisis especially in assisting financial institutions. The paper studies the application value of the preferred stock for financial institutions in times of crisis. The paper summarizesa series of major initiatives the US. government took in the crisis to analyzethe application andapproaches of the preferred stock. It is found that preferred stock is the most frequently usedfinancial instruments in times of crisis. The paper suggests that preferred stock be used to quickly achieve the purpose of funding and stabilizing financial markets in crisis.China needs to establish a system of preferred stock in rescue period and the system should be constructed in times of both crisis and non-crisis.
The paper analyzes the important role preferred stock played in the 2008 US. financial crisis especially in assisting financial institutions. The paper studies the application value of the preferred stock for financial institutions in times of crisis. The paper summarizesa series of major initiatives the US. government took in the crisis to analyzethe application andapproaches of the preferred stock. It is found that preferred stock is the most frequently usedfinancial instruments in times of crisis. The paper suggests that preferred stock be used to quickly achieve the purpose of funding and stabilizing financial markets in crisis.China needs to establish a system of preferred stock in rescue period and the system should be constructed in times of both crisis and non-crisis.
2015, 28(3): 92-96.
DOI: 10.13766/j.bhsk.1008-2204.2014.0148
Abstract：
Internationalization of Renminbi has become the focus of research after the financial crisis.This paper reviews the internationalization of Renminbi from three aspects.The paper holds the view that the internationalization of Renminbi is a double-edged sword and China must judge and weigh its cost and benefit to reduce financial risk. The internationalization of Renminbi will produce direct influence on macroeconomic policies of China under the floating rate regime. Due tothe underdeveloped financial market and the strict financial control in China, the more realistic choice is making Renminbi a regional currency in the next few years.
Internationalization of Renminbi has become the focus of research after the financial crisis.This paper reviews the internationalization of Renminbi from three aspects.The paper holds the view that the internationalization of Renminbi is a double-edged sword and China must judge and weigh its cost and benefit to reduce financial risk. The internationalization of Renminbi will produce direct influence on macroeconomic policies of China under the floating rate regime. Due tothe underdeveloped financial market and the strict financial control in China, the more realistic choice is making Renminbi a regional currency in the next few years.
2015, 28(3): 97-102.
DOI: 10.13766/j.bhsk.1008-2204.2014.0144
Abstract：
By using trade data retrieved from UN Comtrade database, this paper uses Constant Market Share Model to analyze factors influencing the growth of New Zealand's agricultural products export to China between 1997 and 2012. The results show that the demand increase of agricultural products in China is the most important factor that influences the changes in exports, and after the ratification of China-New Zealand Free Trade Agreement, growth effect is less responsive to the export growth while commodity effect and comprehensive competitiveness effect begin to play more important roles. According to different types of agricultural products, there are disparities in the factors affecting the agricultural export growth.
By using trade data retrieved from UN Comtrade database, this paper uses Constant Market Share Model to analyze factors influencing the growth of New Zealand's agricultural products export to China between 1997 and 2012. The results show that the demand increase of agricultural products in China is the most important factor that influences the changes in exports, and after the ratification of China-New Zealand Free Trade Agreement, growth effect is less responsive to the export growth while commodity effect and comprehensive competitiveness effect begin to play more important roles. According to different types of agricultural products, there are disparities in the factors affecting the agricultural export growth.
2015, 28(3): 103-107,115.
DOI: 10.13766/j.bhsk.1008-2204.2014.0104
Abstract：
The hometown as a metaphor of Canadian identity is one of the main recurring themes in Margaret Atwood's novels. Analysis of this theme is the key to understand both Atwood's work and Canadian literature. Most Atwood's female protagonists have the "hometown phobia" and "Mother" is their haunting ghost. As a matter of fact, both Hometown and Mother represent the protagonist's dark past. Atwood's protagonists often run to a distant alien place as an escape from their hometowns. But even in a foreign country, they cannot get rid of the haunting ghosts of their past. Atwood's aim in her writing is to emphasize the term of "Canadian identity".
The hometown as a metaphor of Canadian identity is one of the main recurring themes in Margaret Atwood's novels. Analysis of this theme is the key to understand both Atwood's work and Canadian literature. Most Atwood's female protagonists have the "hometown phobia" and "Mother" is their haunting ghost. As a matter of fact, both Hometown and Mother represent the protagonist's dark past. Atwood's protagonists often run to a distant alien place as an escape from their hometowns. But even in a foreign country, they cannot get rid of the haunting ghosts of their past. Atwood's aim in her writing is to emphasize the term of "Canadian identity".
2015, 28(3): 108-111.
DOI: 10.13766/j.bhsk.1008-2204.2014.0076
Abstract：
The standard and special characters of English Radiotelephony (RTFE) have evolved from their practical application in international air-ground radio communication in the past decades. Their phonetic distinctiveness and cultural acceptability serve as the premises of their widespread application in the field of international civil aviation and as the basis of effective naming, priming and representation. In RTF voice communication, standard characters depend solely on contextual clues and schema of aviation background knowledge to prime their prototypes and inherent priming information, ultimately realizing the loss of original cultural meanings, performance of alphabet function and psychological representation of the signified.
The standard and special characters of English Radiotelephony (RTFE) have evolved from their practical application in international air-ground radio communication in the past decades. Their phonetic distinctiveness and cultural acceptability serve as the premises of their widespread application in the field of international civil aviation and as the basis of effective naming, priming and representation. In RTF voice communication, standard characters depend solely on contextual clues and schema of aviation background knowledge to prime their prototypes and inherent priming information, ultimately realizing the loss of original cultural meanings, performance of alphabet function and psychological representation of the signified.
2015, 28(3): 112-115.
DOI: 10.13766/j.bhsk.1008-2204.2014.0085
Abstract：
Newly-built colleges and universities are a special group in China. Under thecompetitive pressureof the "enrollment crisis", these colleges and universitiest have their own difficulties to overcome. However, they also have unique potentials for growth. With economic development and upgrading and adjustment of industrial structure in China in recent years, the newly-built colleges and universities should focus on how to turn the disadvantages into advantagesand enhance their core competitiveness and enrollment appeal. Breakthrough should be made both inside the universities and in the national enrollment system.
Newly-built colleges and universities are a special group in China. Under thecompetitive pressureof the "enrollment crisis", these colleges and universitiest have their own difficulties to overcome. However, they also have unique potentials for growth. With economic development and upgrading and adjustment of industrial structure in China in recent years, the newly-built colleges and universities should focus on how to turn the disadvantages into advantagesand enhance their core competitiveness and enrollment appeal. Breakthrough should be made both inside the universities and in the national enrollment system.
2015, 28(3): 116-120.
DOI: 10.13766/j.bhsk.1008-2204.2014.0112
Abstract：
Based on an investigation of colleges and universities in Beijing, Shanxi and Jiangsu provinces, the paper analyzes network platform construction of information disclosure, education fees, financial system, source of funds, budget and final accounts, use of funds, materials purchasing and bidding of institutions. The paper compares the financial information disclosure of higher learning in Beijing and two provinces. It is found that there exist problems in financial information in the colleges and universities of these three places such as lack of standardization in the construction of network platform, defective regulatory incentive mechanism and untransparency of the public information.To promote standardized development of financial information disclosure, the paper suggests the network platforms of financial information disclosure be constructed with a unified standard, the financial information disclosure system be perfected and supervision and incentive mechanisms construction be strengthened.
Based on an investigation of colleges and universities in Beijing, Shanxi and Jiangsu provinces, the paper analyzes network platform construction of information disclosure, education fees, financial system, source of funds, budget and final accounts, use of funds, materials purchasing and bidding of institutions. The paper compares the financial information disclosure of higher learning in Beijing and two provinces. It is found that there exist problems in financial information in the colleges and universities of these three places such as lack of standardization in the construction of network platform, defective regulatory incentive mechanism and untransparency of the public information.To promote standardized development of financial information disclosure, the paper suggests the network platforms of financial information disclosure be constructed with a unified standard, the financial information disclosure system be perfected and supervision and incentive mechanisms construction be strengthened.
