Theoretical Propositions during the Practice of Economic Transition in China

从计划向市场的体制转轨探索是一个原理一般性与实践性相结合的过程,在没有现成理论指导的情况下,实践成果对于认识深化的重要性是不言而喻的。本文以中国经济转轨实践为考察对象,在对既有研究成果和改革绩效进行比较、探讨、归纳后认为,中国案例在转轨经济的研究对象、运行特征、动因与路径、演进进程等基础性课题方面具有重大理论价值。由于中国实践在这些方面的意义主要是对流行认识的证伪,可以说是其独特价值所在,本文尝试着进行了命题式的归纳。这些命题基本形成了转轨经济区别于传统计划经济体制、成熟市场经济体制的特殊性,是进行比较体制研究的基础。本文的探讨表明,以中国经济转轨实践为对象创新转轨经济学研究方法的必要性正在凸显出来。     

Global Governance: the Chinese Angle of View and Practice

全球治理无论就其理论研究还是实践影响而言,都受到国际社会的广泛关注。本文着重阐述了一种新的全球治理观,即国内层面的全球治理,从而与当前国际学术界的主流观点——全球层面的全球治理区别开来。国内层面的全球治理得到中国实践的证实,这一实践提供的有益经验与启示是:1.多主体、多部门合作制度是实施全球治理的基本形式与有效机制;2.政府在全球治理中仍起主导作用,但政府部门及其官员的权力与管理观念正日益更新;3.全球意识与全球价值在全球治理中有所体现,但与全球变革的要求还相差甚远;4.公共精神和公民共同体的建设是全球治理造就的宝贵财富。     

China’s National Identity in Transition: Domestic and International Perspectives (1982-2012)

In the era of globalization, China’s national identity is in close interaction with ethno- cultural and cultural identity, and is facing great challenges and is under pressure to reshape itself. An in-depth analysis of the Chinese national identity in its institutional, economic, cultural, political and strategic dimensions from both domestic and international perspectives can help us grasp the transition that has taken place in China’s national identity since 1978. In order to strengthen China’s national identity by building domestic consensus and increasing international recognition, China needs to further foster its civic consciousness, increase its soft power, enhance the ties between its national, regional and global identities and actively assume the role of a bridge between the developing and the developed countries.     

Socialist Market Economy and the Perfection and Development of Private International Law in China

Theestablishmentandoperationofasocialistmarketeconomyneedsasetoflaws,regulations,andlegalsystemsthatarecompatiblewithit.Theseincludeasoundprivateinternationallawsystemandasoundinternationaleconomiclegalsystem-thetwolegalsectorswhichserveasthefoundationonw…     

Institutional Reform and Governance of Public Hospitals

本文通过回顾中国公立医院改革历程和分析其改革政策,认为政府财政补助不足、不规范的市场、扭曲的医院服务定价政策以及政府管制和公共治理能力不足是造成目前医疗费用上涨、资源缺乏配置效率的深层次原因;现行的治理结构是导致公立医院费用上涨、效率低下的重要原因。公立医院所有者职能不统一、缺乏评估公立医院组织绩效的手段、对公立医院院长缺少有效的激励约束机制等原因导致公立医院内部治理失效;社会医疗保险覆盖面小、社区卫生服务发展缓慢无法形成资源有效配置的市场结构等原因导致外部治理失效。公立医院改革是一个艰难的过程,而目前我们尚不具备法人化改革的条件,只有全面规范公立医院自主化改革。     

Confession Governance and Verdicts in China’s Criminal Justice

The objective phenomenon of reliance on confessions is the source of many problems in the practice of criminal justice in China. Although successive amendments to the law have endeavored to improve the handling of confessions, they have been unable to resolve the dilemma of a rigid management mode, incompatible management strategies, and conflicting attitudes towards management. This paper has made a multi-dimensional reinterpretation of it from the judges’ perspective, including functional analysis, cultural interpretation and immediate considerations. It reveals that behind its functions of offering moral comfort or allowing evasion of responsibility, confession, as a medium of physical and intellectual management, has the more important function of supplementing and improving the legitimacy of criminal verdicts. The remolding of the legitimacy of criminal verdicts with the coordinated improvement of the management of confessions will change the mode of association between those who currently govern confession and those they govern and will clash with the current closed mode of criminal justice management, thereby promoting a transformation in the governance of criminal justice.     

Experiential Logic in the Transformation of Contemporary China’s Social Governance*

How does Chinese society maintain its orderly operation and show stability and harmony to the utmost while China rapidly transforms its economic system and international circumstances become increasingly complicated? This is an important question that this essay tries to answer, and the analysis mainly involves the exploratory practice of the transformation of Chinese social governance. This exploratory practice is a process through which China constantly breaks through the traditional blockades of vested interests, overcomes newly formed challenges, and forms a new Chinese-style “one axis and multiple components” pattern of social governance during its rapid re-establishment of both social relationship structure and social psychology order on the unbalanced and insufficient conditions of development within its vast territory. During this process, the constant return to the CPC’s mass line, as well as the “mechanism of reversed transmission of pressure,” the “anticipation-led mechanism” and the “mechanism of turning crisis into opportunity” that the CPC has improved during its long-term revolutionary struggles and its deepening of reform and opening-up, has played an important part. The simplistic duplication of Western theoretical analytic paradigms cannot explain the experiential mechanism for the transformation of social governance, which is peculiar to China. The creation of research framework of “system and life” is just an effort for comparison and dialogues with Western classical theories. It is not only helpful for the development of sociology about Chinese transformation, but will provide new knowledge for worldwide social transformation.     

Localization of Marxism in China and the Construc-tion of China’s Modernity

现代性在中国的生成与建构,是与马克思主义中国化历史地联系在一起的;中国现代性的建构,也历史地确定了马克思主义中国化的起点、任务与方向。马克思主义中国化的理论任务就是要求确立以建设为核心的观念、以促进人与社会的全面发展为主旨的马克思主义理论话语系统,构造一套符合全球化时代要求、有利于中华民族复兴及长治久安、并具有自检与防御机制及能力的开放性的社会、政治与文化体系。     

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.     

Ideology and America’s China Policy at the Time of the Founding of New China: A Reexamination of Acheson and the Question of Recognition

杜鲁门政府未能承认新中国的根本原因并非是国会和舆论的压力,而在于那个时期由反共主义和中美关系神话构成的独特的对华意识形态。正是这一意识形态使杜鲁门政府无论在信仰上还是在情感上都无法接受新中国,对新中国表现出异乎寻常的愤怒和远远超出其他国家的敌意。艾奇逊在这种意识形态的影响下,根本没有考虑承认新中国,他并非过去学者所认为的灵活的现实主义者,所谓的“失去的机会”说是建立在错误的前提和错误的逻辑之上的。     

Domestic Inter-regional Division of Labor and Trade,and International Competitiveness

对大国来说,国内区际分工状况会影响该国整体国际竞争力。我国幅员辽阔,资源的省际差异很大,而由于历史的和现实的一些原因,国内区际分工和区际贸易不发达,特别是地方贸易壁垒所造成的国内市场扭曲不但降低了资源配置效率,而且严重制约着产品市场的扩大、产业结构的升级和企业规模经济的形成,并在一定程度上导致了各省区的对外贸易偏好。加入WTO以后,面对新的对外开放形势和日益全球化的国际环境,国内地方市场的开放将有助于我国产业的成长壮大和整体国际竞争力的提升。     

A Realistic Path to Implementing China’s Budget Law

The core issue for the implementation of modern budget law is to optimize the satisfaction of society’s demand for public goods. The form of implementation mechanism that will best achieve this goal has thus become a major topic in the field of legal research. To go beyond the Anglo-Saxon budget model and construct a realistic path for the implementation of China’s budget law, this issue needs to be explored from the perspective of Chinese citizens in a way that safeguards the fundamental interests of the people and is premised on upholding and improving the People’s Congress system, so as to achieve a balance between internal and external budget allocation relationships. There are three routes to implementing China’s budget law: the political, the social, and the judicial. Under the first, citizens’ political identity interests are represented by deputies who oversee the budgetary powers of administrative bodies through the People’s Congress. Under the second, citizens individually or collectively participate, influence or even decide the allocation of public economic resources through dialogue, negotiation, reasoning and argument with the responsible budgetary agency in the course of the budget’s compilation, examination and approval, execution and supervision. Under the third, the establishment of a system for budgetary litigation allows citizens to participate in and supervise the implementation of the budget law, individually or collectively. This provides judicial security for the law’s implementation. These three realistic implementation routes represent the dialectical unity of concerted institutional effort aimed directly at effective implementation of budget law. Judicial interpretations of budget law implementation indicate the importance and urgency of promoting national governance capacity through reform of the legal systems governing finance and taxation. This explains the significant role of finance and taxation law in national governance.     

China’s Grand Strategy: Problems and Approaches

Features of the current strategic environment Qin Yaqing: Peace and development are the two main themes of the international system in the present era. The features of the current era are in sharp contrast with those of the era of "war and revolution." In the latter, the most striking expression of international relations was war between states. Survival was the first item on a state's agenda,     

A Study on Institutional Change and the Innovation Path of the Securities Market in China

The driving force of institutional changes in the Chinese securities market and in- novative patternsThe emergence and development of the securities market in China has not followed the Western path of natural growth. Because the government plays a dominant role — providing the program for institutional changes and concretely implementing and controlling the organizational and institutional process of securities financing — the Chi- nese securities market has chosen a short- cut model of su…     

Establishment of the Law of Safe-guard Measures in China and Trends in Its Development

Safeguard measures constitute a very important part of the WTO framework and permit governments to take trade-restricting measures to resolve     

An Analysis of the Determinants of the Changes in China’s Foreign Exchange Reserves’ Nominal and Real Rates of Return

We use decomposition and regression to examine the reasons for the changes in nominal and real rates of return of China’s foreign exchange reserves between 2002 and 2009. The results show that the US financial market risk premium is the most important determinant of changes in the nominal rate of return, while the US dollar exchange rate and the bulk commodity price are the two key determinants of changes in the real rate of return. From empirically based research, one may conclude that the loose monetary policy of the US Federal Reserve increases China’s foreign exchange reserves’ nominal rate of return but decreases the real rate of return and that the European debt crisis has an uncertain impact on China’s foreign exchange reserves’ nominal rate of return but may well raise the real rate of return.     

Changes in China and China’s Diplomatic Strategy

With regard to discussions on China's diplomatic strategy, an appropriate conceptualization based on social changes in contemporary China can help us grasp the fundamental functions, underlying causes and basic direction of the strategy.     

Implications of the Financial Crisis for China’s Information Supervision and Curbing of Financial Corruption

美国次贷危机 (金融危机) 彰显了现有金融监管模式对于系统性风险的防范失 败。次贷危机的根源, 很大程度上可以归咎于金融信息披露严重失范滋生的金融腐 败。作为一种规制金融信息披露、通过透明度约束降低腐败的需求与供给的监管方 式, 信息监管对于遏制金融腐败具有重要作用。比较美国新的金融监管体制改革, 立 足中国实践, 重构金融监管体制, 可以以信息监管为中心, 进一步完善金融机构的信 息披露制度, 努力构建一个统合的金融信息平台, 建设有效的信息共享机制, 整合监 管资源, 形成金融反腐防腐的强大合力。

关键词: 信息监管 金融腐败 次贷危机

The US subprime crisis (financial crisis) highlights the failure of existing mechanisms of financial regulation to prevent systemic risk. Reflection shows that the fundamental causes of the subprime crisis are largely attributable to financial corruption arising from grave violations of financial information disclosure. Information supervision is an important check on financial corruption in that it serves as a means of regulating financial information disclosure and through transparency, reducing the demand for and supply of corruption. Drawing upon the recent reform of the US financial regulatory system and grounding ourselves on Chinese practice, we believe the reconstruction of the financial regulatory system should center on information supervision, with a focus on improving the system of information disclosure for financial bodies, building a unified financial information platform and an effective information-sharing mechanism, and integrating all supervisory resources into a unified and powerful force against financial corruption.     

On Local Practice of Law in the Late 19th Century

Most students of China's legal history discuss its tradition from the perspective of the state-made law system, paying little if any attention to the roles and meanings of other knowledge systems in maintaining folk social order. While some may have been