制度风险的法律维度: 突破非物质文化遗产保护的瓶颈

以风险理论审视非物质文化遗产的现行法律制度,根据风险产生根源不同,非物质文化遗产保护的制度风险会表现为制度运转失灵风险、制度功能偏差风险和公平性缺失风险。化解制度风险,形成制度风险的维度,不可基于同一个标准,而是需要在大的框架之下论及制度风险的法律管控,需要有针对性地创构"建立私权,善用公权"的多元法律控制体系,并在体系内引入技术规制,创设"非物质文化遗产权",推动民间习惯法与法律制度、公法与私法的互动式发展。     

China’s Choice of Analytical Models for Its Anti-Monopoly Law

Modern analytical models for anti-monopoly laws are a core element of the application of those laws. Since the Anti-Monopoly Law of the People’s Republic of China was promulgated in 2008, law enforcement and judicial authorities have applied different analytical models, leading to divergent legal and regulatory outcomes as similar cases receive different verdicts. To select a suitable analytical model for China’s Anti-Monopoly Law, we need to consider the possible contribution of both economic analysis and legal formalism and to learn from the mature systems and experience of foreign countries. It is also necessary to take into account such binding constraints as the current composition of China’s anti-monopoly legal system, the ability of implementing agencies and the supply of economic analysis, in order to ensure complementarity between the analytical model chosen and the complexity of economic analysis and between the professionalism of implementing agencies and the cost of compliance for participants in economic activities. In terms of institutional design, the models should provide a considered explanation of the legislative aims of the law’s provisions. It is necessary, therefore, to establish a processing model of behavioral classification that is based on China’s national conditions, applies analytical models using normative comprehensive analysis, makes use of the distribution rule of burden of proof, improves supporting systems related to analytical models and enhances the ability of public authorities to implement the law.     

On the estimation of non linear functions in stochastic volatility models

Abstract

This paper focuses on the inference of suitable generally non linear functions in stochastic volatility models. In this context, in order to estimate the variance of the proposed estimators, a moving block bootstrap (MBB) approach is suggested and discussed. Under mild assumptions, we show that the MBB procedure is weakly consistent. Moreover, a methodology to choose the optimal length block in the MBB is proposed. Some examples and simulations on the model are also made to show the performance of the proposed procedure.     

Changes in work and care trajectories during the transition to motherhood

In most mid- and high-income countries, there have been significant demographic, structural, and cultural changes in the past decades. However, we know little about how these changes have shaped women's work patterns during a key life stage: the transition to motherhood. Using longitudinal data from Chile, covering over 30 years of employment histories and three periods of first births (1980–2010), I conduct sequence analysis to identify women's work-care trajectories during an eight-year period of the transition to motherhood. Over time, I find that continuous care work at home has declined, for which education plays a key role, while the chances of working continuously have not changed over time. Instead, I find an increasing trend of unsteady paths that combine paid work with either caretaking or unemployment. I discuss how these changes, as well as their association with education, have important implications for both gender and social inequality.     

Planning Strategically or by the Book?—Contentious Land Use Planning in South-eastern Finland

The debate on strategic spatial planning highlights the limitations of statutory land use planning in weighing up future options for spatial development, particularly in instances of rapid change. This paper draws on this debate in order to analyse planning institutions and practices in Finland. The case in point is the south-eastern border region where interdependencies with Russia, particularly shopping tourism, have created pressures on land use and led to contentious planning processes between regional and central levels of government. It is argued that, in the absence of cross-border spatial co-ordination, there is a need to establish links between regional land use planning and visions of spatial scenarios in the national context.     

Family Therapy and the Pedagogy of the Oppressed: Therapeutic Use of Songs in Apartheid South Africa

A central issue for family therapy is the critical question of how to define its role in influencing social change. Family therapy has tended to focus on how to liberate and empower individual clients, not communities, from the travails of tradition. This article highlights social change mechanisms implemented by the oppressed majority in South Africa during the apartheid period. It draws inspiration from the pedagogy of the oppressed articulated by Steve Biko and other members of his generation. This enabled the Black majority in South Africa ‘to name their world by reflecting on their conditions, imagining a better world, and then taking action to create it’ (Freire, 1968, p. 253) through the use of revolutionary songs that resulted in the collapse of the cruel apartheid system. The implications for family therapy are discussed.     

汇率货币模型的非线性协整关系检验——基于深度GRU神经网络

本文采用深度门控循环单元（GRU）神经网络探讨三种汇率货币模型（弹性价格、前瞻性和实际利率差模型）的非线性协整关系。GRU技术在深度学习中具有智能记忆、自主学习和强逼近能力等优点。为此，本文运用该技术对6组典型浮动汇率制国别数据进行了非线性Johansen协整检验。结果表明，汇率与宏观经济基本面之间存在非线性协整关系，从而说明了货币模型在非线性条件下的有效性，以及先进的深度学习工具在检验经济理论中的优势。     

主观感知还是客观责任? ——中国农民工作回报期望影响因素研究

理清农民工作回报期望的影响因素进而精准施策,对于破解城乡发展不平衡和满足农民对美好生活的向往意义重大。利用Multinomial Logistic模型和CGSS2015相关数据的实证研究结论发现:以主观社会经济地位和外出务工经历为代表的主观感知性因素是影响农民工作回报期望的关键,而以养老责任和未成年子女数量为代表的客观责任因素的影响则不显著。同时,受教育程度也是影响农民工作回报期望的重要因素,受教育程度为初中及以下的农民对生理回报和安全回报有更强烈的诉求。     

康区"三魔女",还是"康区三度母"——近代康区妇女精英研究

二十世纪上半叶康区三位著名妇女精英甘孜的孔萨?央金堪珠、德格的夏克? 泽旺志玛和瞻对的甲日?其美志玛在康区政治生活中扮演了重要的角色。她们之所以获得权力，是因为康区的传统习惯法以及清末和民国时期的法律都允许妇女在一个家族没有男性继承人的情况下继承名号和土司或头人的地位。为了获得和巩固政治地位，她们往往陷入多方势力的权力争斗中，这些势力包括其家族中的男性、来自其它家族的男性、地方军阀、中央政府，有时还有西藏地方政府。研究揭示了正是康区在夹缝中生存的各土司统治区域割裂、分权的性质为地方首领，特别是妇女领袖提供了较多的施展其政治才能的空间。