略论壮族历史的若干问题

壮族历史有不少问题至今没有廓清,本文仅就何时跨入文明门槛、是否经过奴隶制和侬智高起兵性质略谈浅见。笔者认为,考古材料和古籍记载表明,壮族发生阶级分化的时间比预料的要早,至迟商周之际部分地区即已跨进文明的门槛。进入阶级社会后是否经过奴隶制?通过对考古材料、语言材料、民间文学艺术、文献记载等的综合分析,壮族是经过奴隶制的,但不是希腊罗马的典型奴隶制,也不是一般的家长奴隶制,而是两者之间的过渡形态,可称之为家族奴隶制。侬智高反宋既非农民起义,也不是民族战争或地方割据,而是一场反对蚕食,反对割让,保境自守,力争内附,以便完璧归宋的爱国正义战争。     

论正当防卫与防卫过当的认定——邓玉娇事件引起的思考

如何正确适用正当防卫,充分发挥正当防卫制度的作用,是我国刑法的正当防卫制度得以全面落实的关键。这就要求我们在实践中,厘清正当防卫与防卫过当两个既有本质区别又有密切联系的概念。而如何把握好正当防卫与防卫过当的认定问题,法律没有规定具体标准。因此笔者希望通过案例分析防卫行为是否明显超过必要的限度,造成了重大损害为标准来评定。     

An Evaluation of the NERJIT Priority Rule in a Kanban‐Controlled Flowshop

Significant progress in production and information technologies and innovations in management of operations during the last couple of decades have made the production of small lots and deployment of Just‐In‐Time (JIT) concepts in flowshops possible. As a result, some researchers and practitioners have been seeking to improve the performance of non‐repetitive systems using JIT concepts. In this process, the JIT concepts that were originally designed for mass production have been modified to adapt JIT to non‐repetitive systems. This article uses a priority rule that is based on real‐time demand and production information for sequencing jobs in a kanban‐controlled flowshop. The analysis of the effect of this priority rule; the number of kanbans; the length of the withdrawal cycle; First‐Come, First‐Served (FCFS); and Shortest Processing Time (SPT) on four performance measures—customer wait time, total inventory, input stock‐point inventory, and output stock‐point inventory, shows that the use of this priority rule results in a significant reduction of customer wait time and a slight decrease in inventory.     

商谈法律理论视野下中国立法反思

在多元化背景下,如何寻求公平的立法以输出分配正义、建立集体价值共识,成为迫切需要解决的课题。哈贝马斯从交往理性入手,通过商谈法律理论为立法公平找到了正当性基础。因循哈贝马斯的理论,完善我国立法商谈机制,就应当树立主体际的立法观念,保障公民政治参与权,以合理化目标规范商谈程序。     

Impact of Information Technology Integration and Lean/Just‐In‐Time Practices on Lead‐Time Performance*

Managers seeking to improve lead‐time performance are challenged by how to balance resources and investments between process improvement achieved through lean/just‐in‐time (JIT) practices and information technology (IT) deployment. However, extant literature provides little guidance on this question. Motivated by both practical importance and lack of academic research, this article examines empirically the relationships among interfirm IT integration, intrafirm IT integration, lean/JIT practices, and lead‐time performance using data from IndustryWeek's Census of Manufacturers ( IndustryWeek, 2006 ). The results provide several new insights on the relationship between IT integration and lean/JIT practices. First, the study confirms that implementing lean/JIT practices significantly reduces lead time. Second, lean/JIT practices mediate the influence of IT integration on lead‐time performance. This suggests that process improvements that result from lean/JIT practices are important contributors to the success of IT integration. Even companies that have experienced success in reducing lead time through lean/JIT practices may benefit from IT integration practices such as those embodied in enterprise resource planning systems. The findings provide managers with empirical evidence and a theoretical framework on the balance between lean/JIT and IT for effecting improvement in lead‐time performance, thus offering practical guidance on this important question. Future research is needed to extend the lean/JIT practices in this study to supply chain practices and explore the relationship between supply chain practices and IT integration.     

简述对鲁迅的“无聊的攻击”

本文在攻击鲁迅的文章中，选择一些“损着别人的牙眼”的典型言论，集中放在一起，加以简要分析，谈出自己的看法，看那些攻讦鲁迅的言论到底是一个什么样的面目，看读者对此有什么样的感想。     

Do Arbitrators Use Just Cause Standards in Deciding Discharge and Discipline Cases? A Test

This study used a rule induction, as a form of “machine learning” for pattern recognition to examine an alleged common law put forward by Arbitrator Carroll Daugherty regarding key factors used by labor arbitrators in the United States to decide discipline and discharge cases. Control variables for public sector or private sector origin of the case and characteristics of the aggrieved employee(s) or of the arbitrator were not found to influence arbitral thought. However, the alleged common law identified by Carroll Daugherty provided a set of rules which had a hit ratio of nearly 90% indicating strong support for there actually being a common law developed over the period examined. This scientific evidence supports the hypothesized common law of just cause for discipline being applied by labor arbitrators. Further, the existence of such common law should provide greater predictability and consistency to disciplinary proceedings and may be useful in examining similarly situated decision-making activities in arbitration, law, and other professions.

A Structural Equation Model of New Product Design and Development*

This research uses structural equation modeling to analyze the effects of supplier assessment, Just‐In‐Time, and quality management strategies on new product design and development. A survey of senior managers who are members of the American Production and Inventory Control Society in the United States was used to test the relationships between the constructs in the model. In general, the survey results supported the proposed structural equation model. The data showed that supplier assessment and Just‐In‐Time strategies were correlated and affected the quality management strategy used, which in turn influenced the new product design and development strategy. The data also showed that the Just‐In‐Time strategy directly influenced the new product design and development strategy.     

集体土地征收的公平补偿及法律修订取向

公平补偿对解决集体土地征收问题具有重要意义。集体土地征收的公平补偿不但包括农民之间获得征收补偿额的横向公平,还应该包括农民集体和政府之间合作剩余分配的纵向公平。根据合作博弈的基本原理,集体土地的公平补偿应该联系土地转非后的价值和农地的重要性程度。为了实现公平补偿,相关法律应该对集体土地所有权的排他性质、征地补偿标准、征收人和被征收人资格和法律责任等方面作出相应调整。     

‘Just transition’? Conceptual challenges meet stark reality in a ‘transitioning’ coal region in Australia

ABSTRACT

‘Just transition’ (JT) is an increasingly popular concept developed by unions and adopted and adapted by academics, environmentalists, government and non-governmental organizations, and international institutions in recognition of the need to address social concerns and inequities emerging from efforts to address environmental problems. It has been noted, however, that ‘JT’ lacks both conceptual clarity and empirical evidence of its practical applications. This paper examines the ‘theory’ and practice of ‘JT’ by first considering the competing interpretations and conceptual understandings of ‘JT’ and second, the challenges of realizing a ‘JT’ in an Australian coal region where transition is occurring. The paper argues that achieving ‘JT’ requires more than government provisions and interventions and that unions must perform an active part in the ‘JT’ process through their relations with employers, workers, government, and community. It suggests the lack of clarity within the ‘JT’ literature may be the concept’s lasting strength.