税务信息管理权与保护权的冲突与平衡

实践中税务机关与纳税人在信息采集、保有及使用方面存在激烈冲突。究其原因在于公权力与私权利冲突具有必然性、税务信息的权利（力）边界不明且经济性日益凸显及税务机关信息管理的责任机制不健全。借鉴域外经验,中国税务机关信息管理权与纳税人信息保护权的平衡之道在于限制公权力并进一步保障私权利,坚持税收法定、个人权利保护及狭义比例等原则。具体而言,需明确税务机关信息管理权与纳税人信息保护权的范围,构建税务信息分层管理机制,严格化税务机关信息管理的程序,完善纳税人信息的争端解决机制与违法取用纳税人信息的责任机制并加强对税务机关信息管理权的监督,促进税务信息领域的公权力与私权利从冲突中走向平衡。     

“关系圈”稀释“受害者圈”：企业环境污染与村民大多数沉默的乡村逻辑—山东N村个案研究

基于山东N村手套加工厂及其环境影响的调查发现,村落内生企业的关系嵌入与乡村社会分化的叠加效应,是大多数村民面对环境危害而保持沉默的乡村逻辑。乡村作为兼具乡土底色与经济理性的生活共同体,被企业污染建构为具有统合性的整体受害者圈。“同住一个村”的共同体意识形塑大部分村民的环境沉默行为与少数积极分子环境抗争的自我克制,而企业生产建构的获利者群体进一步分化了受害者圈层,村落“双重圈层”互嵌式关系格局阻隔村民通过集体行动制止企业污染的底层路径。农村内生污染企业的嵌入属性加深了村落社会分化、侵蚀了农村环境治理的社会基础,更提醒关注农村污染企业的社区嵌入与村民环境行为选择的复杂性关联。     

Weber Was Right: Death,Taxes, Working Capital,and the Excessive Propensity for Accumulation

It turns out that Max Weber was on to something when he suggested that it was not natural or automatic that wealthy individuals invest their capital rather than keep it or spend it on themselves. Patterns of economic growth and capital investment in the United States over the last century indicate that in general some inducement or pressure is necessary to convince those who control money to risk it rather than hoard it.     

Work performance and tax compliance in flat and progressive tax systems

Different tax systems, and their impact on work motivation and tax compliance are significant issues in contemporary political and economic debates. The proportional feature of a flat tax system is assumed to lead to higher performance, while the fairness of the redistributive progressive tax system is assumed to result in higher tax compliance. However, empirical findings on the topic are inconclusive. Both work performance and tax compliance under different tax systems were examined in an experiment, with special attention devoted to the effect of a change in tax systems. A flat tax system was supposed to induce greater work performance, whereas a progressive tax system was expected to increase tax compliance based on fairness perceptions, allowing for the opposite effect due to higher complexity. Furthermore, it was assumed that performance and tax payments would be influenced by motives of self-interest. The design included 20 rounds with a real-effort task in each round, determining participants’ experimental income. Participants (N = 191) made decisions about their tax payments from round-to-round in four different experimental conditions: (1) a flat tax system, (2) a progressive tax system, (3) starting with a flat and changing to a progressive, and (4) starting with a progressive and changing to a flat tax system. Results indicate higher work performance in a progressive system. However, a change from a progressive tax system to a flat system led to increased tax compliance.     

我国环境刑罚轻缓化探析

毋庸置疑,在整个国际社会对环境犯罪处以轻缓刑罚的背景下,我国亦应该对环境刑罚采用轻缓化的原则。诚然,我国的环境刑罚制度与其他国家相比还有许多亟待完善的地方,但这并不妨碍我们在借鉴其他国家先进的立法经验的基础上构建适合我国具体国情的环境刑罚制度。在环境刑罚中要突出自由刑的适用,扩大并完善财产刑的适用,明确财产刑中过于模糊的规定,逐步改善环境犯罪的刑事处罚措施过于单一的缺点和功能上的不足,同时提高对辅助刑罚措施的关注。在环境犯罪方面,在适用传统刑罚措施惩治的基础上配合适用辅助刑罚措施,使我国环境刑罚轻缓化实践不至于成为一纸空谈。     

美国BIT范本的环境政策考量与变迁及其对中国的启示

美国从1981年启用第一个BIT范本,之后历经数次修订,形成不同版本。其中的环境保护条款从无到有、从简到繁,2012年版本对环境保护又有大力强化。虽然环境例外条款具有法律形态,但因其为缔约方保留环境规制的空间,没有消极影响,其他环境条款尤其专门环境条款则只具有政策形态,对缔约方只有倡导和督促作用,因而也不具有负面意义。基于此,对于中美BIT谈判,中国应该持有像实践WTO规则一样的心态,研究它、接受它,为投身国际实践走出第一步,为将来参与更大范围的规则制定做好准备。     

马克思主义人学理论的动态历史考察

马克思主义人学思想是一个非常完整、科学的理论体系,其形成和发展主要经历了三个发展阶段:从博士论文到《1844年经济学哲学手稿》是其萌芽时期,提出了以劳动为基础的人学理论框架;从《神圣家族》到《共产党宣言》是其基本形成和发展时期,确立了人学理论的唯物主义立场;从《共产党宣言》到《资本论》是其成熟和完善时期,形成了以人的自由全面发展为最终归宿的完备人学理论体系。马克思主义人学在唯物史观的基础上实现了对以往人学理论的超越,为人和社会的发展开辟了广阔的前景。     

The ‘Bakul Gendong’ as a communication strategy to reject the construction of a cement factory in Central Java

Since 2006, one of Indonesia’s biggest corporations operating in the cement industry has been trying to build a factory at Sukolilo village in Central Java, Indonesia. The potential for of environmental damage caused by mining and the construction of this new factory is the main source of conflict between the public and the giant corporation.The focus of this research was the communication strategy adopted by women in the community to reject the construction of the cement factory in Pati, Central Java, Indonesia. This research used a qualitative method through a case study approach. Interviews, observations, and literature studies were used as data collection techniques for in this research.We found that the practices of the “Bakul Gendong” communication strategy were effective in developing women’s awareness of environmental issues based on the values they believe in. Through the women peddlers, women’s awareness of the risk of environmental damage caused by the cement factories was successfully developed. They also created female farmers’ group named “Simbar Wareh” to strengthen cooperation between them and to better-organize their resistance. The women’s movement to resist the cement factory was also conducted by building a network, meeting authorities, demonstrating, displaying traditional symbols during celebrations such as the “Agustusan” (independence day celebration) and Kartinian (women’s day) as their sites of resistance. The local government and PT. Semen Gresik tended to use technical and economical communicative approaches, while the people mainly refer to local know how PT. Semen Gresik did not use the right communication strategy to understand the conflict that arose and how to handle it, until after 10 years of trying to build a factory in Sukolilo.     

The Aversion to Tampering with Nature (ATN) Scale: Individual Differences in (Dis)comfort with Altering the Natural World

People differ in their comfort with tampering with the natural world. Although some see altering nature as a sign of human progress, others see it as dangerous or hubristic. Across four studies, we investigate discomfort with tampering with the natural world. To do so, we develop the Aversion to Tampering with Nature (ATN) Scale, a short scale that is the first to directly measure this discomfort. We identify six activities that people believe tamper with nature (geoengineering, genetically modified organisms, pesticides, cloning, gene therapy, and nanoparticles) and show that ATN scores are associated with opposition to these activities. Furthermore, the ATN Scale predicts actual behavior: donations to an anti-tampering cause. We demonstrate that ATN is related to previously identified constructs including trust in technology, naturalness bias, purity values, disgust sensitivity, aversion to playing God, and environmental beliefs and values. By illuminating who is concerned about tampering with nature and what predicts these beliefs, the ATN Scale provides opportunities to better understand public opposition to technological innovations, consumer preferences for “natural” products, and strategies for science communication.