2016 Vol. 29 No. 1
2016, 29(1): 1-8.
DOI: 10.13766/j.bhsk.1008-2204.2015.0187
Abstract：
Since the 18th National Congress of the Communist Party of China, Chinese government hasmade many historical breakthroughs in anti-corruption. However, fighting corruption to the end still needs steady support from scientific anti-corruption institutions and systems. The Independent Commission Against Corruption (ICAC) of Hong Kong is an example whose experiencecan be used for reference for anti-corruption agenciesin Mainland China. The paper first clarifies problems of anti-corruption institutions in Mainland China and then indicates future reformationdirection by a comparative study between Hong Kong and Mainland China. The paper also puts forward four features that anti-corruption agencies should have,i.e. independence, authoritativeness, integrity and specialty. These features are also the analytical framework of the whole study. Holding the four-big features is the ultimate goal of the reformation of anti-corruption agenciesin Mainland China. There are three reformation tasks for them, i.e. integration reformation, professionalization reformation and organization structure reformation.
Since the 18th National Congress of the Communist Party of China, Chinese government hasmade many historical breakthroughs in anti-corruption. However, fighting corruption to the end still needs steady support from scientific anti-corruption institutions and systems. The Independent Commission Against Corruption (ICAC) of Hong Kong is an example whose experiencecan be used for reference for anti-corruption agenciesin Mainland China. The paper first clarifies problems of anti-corruption institutions in Mainland China and then indicates future reformationdirection by a comparative study between Hong Kong and Mainland China. The paper also puts forward four features that anti-corruption agencies should have,i.e. independence, authoritativeness, integrity and specialty. These features are also the analytical framework of the whole study. Holding the four-big features is the ultimate goal of the reformation of anti-corruption agenciesin Mainland China. There are three reformation tasks for them, i.e. integration reformation, professionalization reformation and organization structure reformation.
2016, 29(1): 9-14.
DOI: 10.13766/j.bhsk.1008-2204.2015.0507
Abstract：
Promoting socialist political integrity is a scientific conclusion based on the construction history of clean politics in China and the experience and lessons from the construction of clean politics in other countries and regions. Clean politics is an essential characteristic of the socialist regime and political party of the working class. Promoting political integrity is a clear-cut and long-term political commitment and pursuit of the Communist Party of China. Under the new historical conditions, in order to promote the construction of clean politics, we ought to master the rule of promoting political integrity and see to it that officials are honest, the government is clean, and political integrity is upheld.
Promoting socialist political integrity is a scientific conclusion based on the construction history of clean politics in China and the experience and lessons from the construction of clean politics in other countries and regions. Clean politics is an essential characteristic of the socialist regime and political party of the working class. Promoting political integrity is a clear-cut and long-term political commitment and pursuit of the Communist Party of China. Under the new historical conditions, in order to promote the construction of clean politics, we ought to master the rule of promoting political integrity and see to it that officials are honest, the government is clean, and political integrity is upheld.
2016, 29(1): 15-22.
DOI: 10.13766/j.bhsk.1008-2204.2015.0217
Abstract：
The official property declaration system is known as the "natural enemy" and "jinx" of corruption. Although the official property declaration system has not yet been established in China, some kinds of official property declaration system have been carried out in more than 30 counties since 2009, which accumulated a certain amount of local experience. The official property declaration system is only applied to a few cadres being promoted, which would reduce the resistance to the reform. Subjects who should declare their property are distinguished according to their duty instead of administrative level, which makes the system more efficient. Different information is made public to different groups, which helps keep a balance between official property declaration and their right of privacy. The declaration should also include official's debt. Though there are still some limitations in the innovations of these local institutions, they have enriched the construction of the official property declaration and accumulated valuable experience for future reform.
The official property declaration system is known as the "natural enemy" and "jinx" of corruption. Although the official property declaration system has not yet been established in China, some kinds of official property declaration system have been carried out in more than 30 counties since 2009, which accumulated a certain amount of local experience. The official property declaration system is only applied to a few cadres being promoted, which would reduce the resistance to the reform. Subjects who should declare their property are distinguished according to their duty instead of administrative level, which makes the system more efficient. Different information is made public to different groups, which helps keep a balance between official property declaration and their right of privacy. The declaration should also include official's debt. Though there are still some limitations in the innovations of these local institutions, they have enriched the construction of the official property declaration and accumulated valuable experience for future reform.
2016, 29(1): 23-28.
DOI: 10.13766/j.bhsk.1008-2204.2015.0547
Abstract：
The Eighteenth National Congress attaches great importance to the elimination of the root causes through iron-handed implementation of a series of instrumental policies. In order to strengthen the construction of the working style of CPC and build a clean and honest administration, the focus of management should be set on the supervision of power-use, public affairs and public servants, among which human management should be the focal point. It is of great significance to keep the public awareness away from social prejudice that dogs bite in every country. But not the least, the spirit and discipline of CPC should play its due role in the anti-corruption. Discipline and law should be integrated to sublime people from fear of punishment to detestation of corruption in a deficiency-free anti-corruption mechanism.
The Eighteenth National Congress attaches great importance to the elimination of the root causes through iron-handed implementation of a series of instrumental policies. In order to strengthen the construction of the working style of CPC and build a clean and honest administration, the focus of management should be set on the supervision of power-use, public affairs and public servants, among which human management should be the focal point. It is of great significance to keep the public awareness away from social prejudice that dogs bite in every country. But not the least, the spirit and discipline of CPC should play its due role in the anti-corruption. Discipline and law should be integrated to sublime people from fear of punishment to detestation of corruption in a deficiency-free anti-corruption mechanism.
2016, 29(1): 29-35.
DOI: 10.13766/j.bhsk.1008-2204.2014.0510
Abstract：
The unruly behavior of Chinese air passengers has become increasingly fierce in recent years, which has threatened the safety of air transportation. However, the law enforcement department of airport public security often behaves passively with sluggish and weak punishment to unruly behaviors. The reason for this is that civil aviation safety laws and Public Security Administration Punishments Law have some problem connecting with each other on regulating unruly behavior, which causes the airport public security to enforce the law negatively, because they are afraid of losing in the administrative lawsuit. Therefore, it is necessary to enact relative regulation on the behavior that endangers the aviation safety, in order to enhance the operability of Public Security Administration Punishments Law on regulating unruly behavior. Only in this way can the behaviors jeopardizing the aviation safety be effectively decreased or even completely eradicated.
The unruly behavior of Chinese air passengers has become increasingly fierce in recent years, which has threatened the safety of air transportation. However, the law enforcement department of airport public security often behaves passively with sluggish and weak punishment to unruly behaviors. The reason for this is that civil aviation safety laws and Public Security Administration Punishments Law have some problem connecting with each other on regulating unruly behavior, which causes the airport public security to enforce the law negatively, because they are afraid of losing in the administrative lawsuit. Therefore, it is necessary to enact relative regulation on the behavior that endangers the aviation safety, in order to enhance the operability of Public Security Administration Punishments Law on regulating unruly behavior. Only in this way can the behaviors jeopardizing the aviation safety be effectively decreased or even completely eradicated.
2016, 29(1): 36-41.
DOI: 10.13766/j.bhsk.1008-2204.2015.0394
Abstract：
Whether airlines fulfill their information disclosure obligation related to overbooking determines the effectiveness of standard clauses. The most controversial issues in air transport industry and judicial practice include whether breach of the duty of disclosure would constitute fraud so that consumers can claim punitive damages and what is the relationship between liability for breach of contract and liability waiver in Civil Aviation Law. Based on the existing law claims according to different types of contractual obligations breach, the paper analyzes the remedies for passengers and proposes the establishment of a special compensation mechanism for overbooking as a minimum standard, which covers the contractual liability.
Whether airlines fulfill their information disclosure obligation related to overbooking determines the effectiveness of standard clauses. The most controversial issues in air transport industry and judicial practice include whether breach of the duty of disclosure would constitute fraud so that consumers can claim punitive damages and what is the relationship between liability for breach of contract and liability waiver in Civil Aviation Law. Based on the existing law claims according to different types of contractual obligations breach, the paper analyzes the remedies for passengers and proposes the establishment of a special compensation mechanism for overbooking as a minimum standard, which covers the contractual liability.
2016, 29(1): 42-46.
DOI: 10.13766/j.bhsk.1008-2204.2014.0657
Abstract：
The practitioner in the aviation industry who can reasonably trust other cooperators in the division labor can be alleviated the duty of checking the latter's work according to the application of the principle of reliance. The principle of reliance in the aviation accident is a theoretic tool which distributes the burden of eliminating security risks in equilibrium distribution between the relevant parties, thus conducive to improving the efficiency and safety level of the aviation industry. Three conditions that the principle of reliance applies to aviation accidents are as follows: firstly the system of division of labor should be established, secondly other cooperating practitioner has corresponding qualification and ability, finally there is no special fact that shakes the actor's reliance.
The practitioner in the aviation industry who can reasonably trust other cooperators in the division labor can be alleviated the duty of checking the latter's work according to the application of the principle of reliance. The principle of reliance in the aviation accident is a theoretic tool which distributes the burden of eliminating security risks in equilibrium distribution between the relevant parties, thus conducive to improving the efficiency and safety level of the aviation industry. Three conditions that the principle of reliance applies to aviation accidents are as follows: firstly the system of division of labor should be established, secondly other cooperating practitioner has corresponding qualification and ability, finally there is no special fact that shakes the actor's reliance.
2016, 29(1): 47-57.
DOI: 10.13766/j.bhsk.1008-2204.2015.0461
Abstract：
Low-altitude airspace reform in China has reached the most crucial stage. At this moment, the reform should change from public management mode to mode of private rights. Establishing people's rights to use low-altitude airspace will contribute to constraint power of intervention from the government on the one hand; on the other hand will provide a theoretical support to the current reform of "civil-military co-management". State ownership of airspace is merely a declaratory right in public law. In the sense of private law, it should be considered as equivalent to "public goods" in Roman law. Therefore, rights to use low-altitude airspace are not conflict with the state ownership of airspace.
Low-altitude airspace reform in China has reached the most crucial stage. At this moment, the reform should change from public management mode to mode of private rights. Establishing people's rights to use low-altitude airspace will contribute to constraint power of intervention from the government on the one hand; on the other hand will provide a theoretical support to the current reform of "civil-military co-management". State ownership of airspace is merely a declaratory right in public law. In the sense of private law, it should be considered as equivalent to "public goods" in Roman law. Therefore, rights to use low-altitude airspace are not conflict with the state ownership of airspace.
2016, 29(1): 58-65.
DOI: 10.13766/j.bhsk.1008-2204.2015.0520
Abstract：
Recently, many charitable organizations have discarded their characters as associations and taken the duty of public administration which should have been undertaken by the government. Therefore, the professional skills of these organizations have been strengthened, while the civil law characters have been restricted. With respect to these changes, some other changes also occurred in the regulatory authority and the legislation of charitable law. These changes mentioned before have demonstrated that the charitable law is turning into public law. This redirection has appeared in both law systems, and is going to flow together.
Recently, many charitable organizations have discarded their characters as associations and taken the duty of public administration which should have been undertaken by the government. Therefore, the professional skills of these organizations have been strengthened, while the civil law characters have been restricted. With respect to these changes, some other changes also occurred in the regulatory authority and the legislation of charitable law. These changes mentioned before have demonstrated that the charitable law is turning into public law. This redirection has appeared in both law systems, and is going to flow together.
2016, 29(1): 66-75.
DOI: 10.13766/j.bhsk.1008-2204.2015.0393
Abstract：
Tax relief is an important measure to enhance charity in many nations. In China, there are already some reliefs or exemptions in tax system for charitable organizations, donors and beneficiaries. However, for the lack of higher and scientific law system and other factors,the incentive effect of tax relief is not apparent. The lawmaking of Charities Act of China is on its way to the legislative formally, which is a good chance for tax relief and exemption of charity. After comprehensive review of China's tax relief of charity, the paper suggests collaboration between charity and tax law systemand construction of a consolidated, normative and inclusive law system for tax relief and exemption of charity.
Tax relief is an important measure to enhance charity in many nations. In China, there are already some reliefs or exemptions in tax system for charitable organizations, donors and beneficiaries. However, for the lack of higher and scientific law system and other factors,the incentive effect of tax relief is not apparent. The lawmaking of Charities Act of China is on its way to the legislative formally, which is a good chance for tax relief and exemption of charity. After comprehensive review of China's tax relief of charity, the paper suggests collaboration between charity and tax law systemand construction of a consolidated, normative and inclusive law system for tax relief and exemption of charity.
2016, 29(1): 76-81.
DOI: 10.13766/j.bhsk.1008-2204.2015.0391
Abstract：
The frequent occurrence of public scandals seriously affect the credibility of non-profit charity organizations, which often involves illegal misappropriation, diversion of huge amount of property, illegal investment, transportation and other serious violations of the interests of non-profit organizations' property.This inevitably highlights the embarrassment of legal protection on the property rights of non-profit organizations. This situation, if left unchecked, will not only decrease radically the property for public of non-profit organizations, but also greatly reduce its credibility and affect non-profit organizations inproviding goods or services for the public. The current law in China on the protection of the property rights of non-profit organizations is incomplete due to a lack of understanding that non-profit organizations should enjoy tax-exempt. This leads to inability of self-consistent in the theory of core information disclosure and the practice and system which would protect their property rights.In the protection of property rights, the theory and practice of information disclosure system in the United States is worth learning.
The frequent occurrence of public scandals seriously affect the credibility of non-profit charity organizations, which often involves illegal misappropriation, diversion of huge amount of property, illegal investment, transportation and other serious violations of the interests of non-profit organizations' property.This inevitably highlights the embarrassment of legal protection on the property rights of non-profit organizations. This situation, if left unchecked, will not only decrease radically the property for public of non-profit organizations, but also greatly reduce its credibility and affect non-profit organizations inproviding goods or services for the public. The current law in China on the protection of the property rights of non-profit organizations is incomplete due to a lack of understanding that non-profit organizations should enjoy tax-exempt. This leads to inability of self-consistent in the theory of core information disclosure and the practice and system which would protect their property rights.In the protection of property rights, the theory and practice of information disclosure system in the United States is worth learning.
2016, 29(1): 82-88,103.
DOI: 10.13766/j.bhsk.1008-2204.2015.0383
Abstract：
Using Malmquist productivity index, the paper compares the operating efficiency of 9 listed airports during the period of 2003—2012. The paper applies panel data regression model to examine the relationship between airport financing structure and efficiency of airport operations. The empirical results show that the operating efficiency of the domestic airports is better than international airports with the highest operational efficiency coming from Hong Kong International Airport. It is found that there is a positive correlation between the efficiency of airport operations and debt proportion of exogenous financing. There is also a negative correlation between endogenous financing in the equity proportion, that is an increase of airport debt financing can facilitate airport operational efficiency and moderately reducing the proportion of the equity of the financing can improve the efficiency of airport operations.
Using Malmquist productivity index, the paper compares the operating efficiency of 9 listed airports during the period of 2003—2012. The paper applies panel data regression model to examine the relationship between airport financing structure and efficiency of airport operations. The empirical results show that the operating efficiency of the domestic airports is better than international airports with the highest operational efficiency coming from Hong Kong International Airport. It is found that there is a positive correlation between the efficiency of airport operations and debt proportion of exogenous financing. There is also a negative correlation between endogenous financing in the equity proportion, that is an increase of airport debt financing can facilitate airport operational efficiency and moderately reducing the proportion of the equity of the financing can improve the efficiency of airport operations.
2016, 29(1): 89-97.
DOI: 10.13766/j.bhsk.1008-2204.2014.0356
Abstract：
Based on Romer model, the paper develops a four sector endogenous growth model with the restrains of institution and human capital. Eleven eastern and western provincial panel data are selected respectively for the research. The results show that, despite of their difference, non-nationalization rate, opening up and the level of government intervention have a positive effect on economic growth of eastern and western regions generally.
Based on Romer model, the paper develops a four sector endogenous growth model with the restrains of institution and human capital. Eleven eastern and western provincial panel data are selected respectively for the research. The results show that, despite of their difference, non-nationalization rate, opening up and the level of government intervention have a positive effect on economic growth of eastern and western regions generally.
2016, 29(1): 98-103.
DOI: 10.13766/j.bhsk.1008-2204.2014.0428
Abstract：
The present paper collects a database of 10 cities in Jianghuai urban agglomeration from 2002 to 2012 and constructs a target system of financial agglomeration, financial diffusion and urbanization of population. By conducting financial agglomeration, Moran's I argued that cities in Jianghuai urban agglomeration have a spatial positive correlation relationship. Based on this, Spatial Lag Model and Spatial Error Model were constructed. The results indicate that financial agglomeration of Jianghuai urban agglomeration has a positive effect on urbanization of population. Besides, the positive effects become more and more apparent. Density of population and employees work in secondary and tertiary industry, playing as control variables, have a strong influence on urbanization of population.
The present paper collects a database of 10 cities in Jianghuai urban agglomeration from 2002 to 2012 and constructs a target system of financial agglomeration, financial diffusion and urbanization of population. By conducting financial agglomeration, Moran's I argued that cities in Jianghuai urban agglomeration have a spatial positive correlation relationship. Based on this, Spatial Lag Model and Spatial Error Model were constructed. The results indicate that financial agglomeration of Jianghuai urban agglomeration has a positive effect on urbanization of population. Besides, the positive effects become more and more apparent. Density of population and employees work in secondary and tertiary industry, playing as control variables, have a strong influence on urbanization of population.
2016, 29(1): 104-109.
DOI: 10.13766/j.bhsk.1008-2204.2014.0352
Abstract：
Shunkinsho, publishedin 1933, is regarded as the representative work of Tanizaki Junichiro, a famous contemporary writer of aestheticism in Japan. The novel indicatesthe writer's return to Japanese traditional aesthetic consciousness. The paper analyzes the heroine, Shunkin, about her pursuit of aesthetics and the hero,Sasuke, his worship of female and loss of self, which reveals their character flaw and pursuit of aesthetics. The paper holds the view that the novel highlights the transcendence of binary opposition by using aestheticism and female as the theme andincompleteness and eternity as the basic standard. The work also reveals Tanizaki's unique literary charm and the cultural connotation of the return to Japanese tradition.
Shunkinsho, publishedin 1933, is regarded as the representative work of Tanizaki Junichiro, a famous contemporary writer of aestheticism in Japan. The novel indicatesthe writer's return to Japanese traditional aesthetic consciousness. The paper analyzes the heroine, Shunkin, about her pursuit of aesthetics and the hero,Sasuke, his worship of female and loss of self, which reveals their character flaw and pursuit of aesthetics. The paper holds the view that the novel highlights the transcendence of binary opposition by using aestheticism and female as the theme andincompleteness and eternity as the basic standard. The work also reveals Tanizaki's unique literary charm and the cultural connotation of the return to Japanese tradition.
2016, 29(1): 110-116.
DOI: 10.13766/j.bhsk.1008-2204.2014.0170
Abstract：
This study analyzes job attribute preferences in career decision of 307 graduate students under conjoint analysis. It shows that there is a significant difference in jobs attributes weight between conjoint analysis and self-reports. The important job attribute under conjoint analysis is career development opportunity, the next are income, work location, and the last consistency of job and interest. The result also shows that there is a significant individual difference in gender, grade and birth place.
This study analyzes job attribute preferences in career decision of 307 graduate students under conjoint analysis. It shows that there is a significant difference in jobs attributes weight between conjoint analysis and self-reports. The important job attribute under conjoint analysis is career development opportunity, the next are income, work location, and the last consistency of job and interest. The result also shows that there is a significant individual difference in gender, grade and birth place.
Abstract：
The cultivation of university students' capacity for innovation is one of the priorities in tertiary education, and an important complement to classroom education which might be reinforced by an extracurricular way. Nevertheless, in the contemporary society there are still certain problems regarding the innovation ability of humanity science students in universities of science and engineering. To better tackle this issue, researches have been done on science and research activities of humanity science students within the students and faculty staff of a certain science and engineering university, through which the status quo of humanity science students' innovation ability revealed itself. Consequently, taking the peculiar traits of students majored in liberal arts into consideration, an extracurricular training mode of cultivating the creative ability in terms of science and research for the humanity science students in science and engineering universities is thus preliminarily constructed. In conclusion, this essay is concentrated on the elaborate way to make and adjust the specific extracurricular training mode.
The cultivation of university students' capacity for innovation is one of the priorities in tertiary education, and an important complement to classroom education which might be reinforced by an extracurricular way. Nevertheless, in the contemporary society there are still certain problems regarding the innovation ability of humanity science students in universities of science and engineering. To better tackle this issue, researches have been done on science and research activities of humanity science students within the students and faculty staff of a certain science and engineering university, through which the status quo of humanity science students' innovation ability revealed itself. Consequently, taking the peculiar traits of students majored in liberal arts into consideration, an extracurricular training mode of cultivating the creative ability in terms of science and research for the humanity science students in science and engineering universities is thus preliminarily constructed. In conclusion, this essay is concentrated on the elaborate way to make and adjust the specific extracurricular training mode.
