金融资产管理公司在国企改革中的角色与法律问题

本文通过简要介绍金融资产管理公司处置不良资产的变现模式、近年国有企业改革的模式,初步说明了金融资产管理公司处置资产实际上是推进国有企业改革的方式之一,同时重点阐述了资产管理公司在其中遇到的法律问题并提出了相关的一些立法建议。     

连锁超市的电子商务策略

面对日益激烈的市场竞争和消费者的个性化的需求,超市连锁企业必须利用现代信息技术,引进电子商务模式。结合连锁经营的网络覆盖和物流配送优势,通过建立社区化电子商务系统,实施网上交易。从而为消费者提供更优质的服务,充分满足其个性化需求,以期提高市场占有率,增强企业的竞争优势。     

“项目下乡”发生与发展的政治社会学阐释———一个功能主义的分析路径简

文章将“项目下乡”的发生与发展置于特定的历史进程、宏观政治生态与社会基础中加以考察,研究认为：服务型国家建设、城乡差距和治道变革是客观理解“项目下乡”的宏观背景。“项目下乡”发生的基本逻辑是农村公共产品陷入自我供给困境,国家通过外源性输入,借助行政吸纳服务机制,完善农村公共产品供给,建构国家与农民有机联系的一种制度安排和现实选择。从现代国家的理想体制来看,“项目下乡”的发展不仅仅是简单的财政转移支付,改善农村公共产品的问题,更要着眼于变革传统乡村,促进村庄公共精神成长,增强内生性供给能力,实现国家与社会、政府与农民的合作共治。     

公共企事业单位信息公开的路径选择——新型冠状病毒肺炎疫情引发的法律思考

新冠肺炎疫情中暴露出了信息公开制度的一系列问题,其中作为事业单位的疾控中心和医疗机构是否应当对相关疫情信息进行公开引起了公众的普遍关注。《中华人民共和国政府信息公开条例》对公共企事业单位只作了原则性的规定,现有的“最小存留适用”“最大限度适用”和“脱条例化”的公开路径理论均存在不同的缺陷。公共企事业单位作为一个整体对外虽然与行政机关存在相似性及差异性,但其相互之间也并不完全相同,公开主体与公开目的都存在一定的特殊性及不同之处,因而无法适用统一的公开路径,需遵循“入条例化”和“脱条例化”的双重路径进行信息公开。当公共企事业单位同时符合“实质控制”“公益性”和“弱竞争性”的标准时应当按照“入条例化”路径展开,否则按照“脱条例化”的路径进行公开。     

农村治理模式选择之殇——基于华北X村的个案

改革开放之后,村民自治制度成为农村治理的基本政治制度。在国家自上而下将村民自治制度下沉到农村和农村自下而上去承接村民自治制度的互动过程中,村民自治出现了“惟村庄利益化”的现象。依据不同的视角可以将农村治理划分成不同的治理模式。以农村对国家供给项目资源的承接态度为标准,可以将农村治理化分为积极型、消极型和激进型治理模式。笔者考察了华北平原的X村在15年中经历了积极→消极→激进的治理模式的选择过程。得出以下结论：村民对农村治理模式选择是依据农村治理绩效的帕累托改进的标准,这种选择是一种理性选择,但往往会产生非正义的结果。将激进治理模式放在税费改革的时代背景之下,源自于农村获取治理资源的方式会发生由内部汲取到外部输入的根本转变。同时,地方政府在晋升锦标赛体制和政治维稳高压之下,也默许了激进型农村治理模式的存在。     

三峡移民社区的整合机制分析——兼论移民纠纷框架下社会资本的缺失与重构

三峡移民社区的整合一直是学术界关注的问题之一。本文通过实地调查和个案访谈,以移民纠纷作为切入点。主要分析了移民社区中社会资本的缺失与重构。认为移民社区的整合和合法性的获得来源于国家力量和移民、移民和移民之间关系网络的生成和维系。而移民纠纷深深的“嵌入”这些关系网络所构成的社区基础秩序之中。同时深刘的体现了社区合法性的维系机制。     

‘King's inheritors': understanding the ethnic discourse on the Rajbanshi as an indigenous community

The rise of ethnic struggles in various parts of the world, particularly in the post-colonial period, is an intriguing phenomenon. Having the consciousness of primordial origins, indigenous communities have pursued ethnic mobilizations along different lines in order to achieve the goals of social and economic uplift. This paper focuses on the Rajbanshi, one such community living in northeast India, as they offer an opportunity to study history and ethnic identity formation as the dynamics behind their current situation. From the standpoint of applied anthropology, processes of social change and activism intended to improve the lot of Rajbanshi communities are evaluated. Given their obscure origins, cultural diversity and divided political struggle, the Rajbanshi are far from achieving their goal of pursuing better lives. Strategies of Sanskritization and ‘sons-of-the-soil’ indigeneity have not reaped the desired results in terms of social and economic development. Furthermore, discourses rooted in immigrant-aboriginal binaries and theoretical dichotomies of primordialism–constructivism fail to make sense of this community's experience and are not helpful in guiding them toward meaningful and fruitful political and social change.     

Gender and Transnational Gossip

Transnational social networks powerfully shape Mexican migration and enable families to stretch internationally. In an atmosphere of such high dependence on social networks, it would be rare for families not to be affected by the opinions of others. This article analyzes this often-overlooked aspect of social networks, gossip. I analyze gossip stories prevalent for one type of migrant family, those in which parents and children live apart. Drawing on over 150 ethnographic interviews and observation with members of Mexican transnational families and their neighbors in multiple sites, I describe both parents’ and children’s experiences with transnational gossip. I show that in a transnational context, gossip is a highly gendered activity with different consequences for men and women. Although targeting both women and men, transnational gossip reinforces the expectations that mothers be family caregivers and fathers be family providers even when physical separation makes these activities difficult to accomplish.

传统农业乡镇城镇化的实践逻辑--以山东省平阴县孝直镇为例

随着城镇化进程不断加快,城镇功能和城市文明向农村地区的扩散已成为一种必然。对于传统农业地区,城镇化的关键在于立足自身资源禀赋,对城镇化的路径和推进机制做出切合实际的选择。在这方面,山东省平阴县孝直镇借助新型农村社区建设和农业现代化推进新型城镇化的模式为研究分析此类问题提供了一个可资借鉴的案例。     

四川少数民族村寨旅游扶贫模式转变研究

In 2012 , State Ethnic Affairs Com-mission of the People’ s Republic of China( hereaf-ter SEAC ) announced an outline concerning the protection and development of‘ethnic minority vil-lages with special characteristics ’ . The develop-ment of such villages is one of the important tasks of the State Ethnic Affairs Commission:this devel-opment aims to foster the conservation of ethnic culture and to accelerate the development of the ethnic areas in which these villages lie. On Sep-tember 23 , 2014 , the State Ethnic Affairs Com-mission announced guanyu minming shoupi zhong-guo shaoshu minzu tese chunzhai de tongzhi ( No-tice on the Naming of the First Group of China ’ s Ethnic Minority Villages with Special Characteris-tics):340 villages in total were inscribed into the list of this so-called ‘First Batch ’ , among which four villages of Sichuan province were included:( i) Jiefang village of Haqu in Leshan, ( ii) Mutuo Village of Maoxian in Aba, ( iii) Shangmo Village of Songfan in Aba, and ( iv) Guza Village of Seda in Ganzi. With the support of the so-called‘Poverty Al-leviation Policy’ , tourism in ethnic minority villa-ges has been booming; however, this has also re-sulted in a new series of related problems that need to be addressed. Tourism development obviously had reduced regional poverty. Since the 1980s, the promotion of economic development through tourism in the ethnic areas ( with a corresponding improvement of people ’ s living conditions ) has been widely accepted by society. Also in the prov-ince of Sichuan the ‘poverty alleviation through tourism’ policy has led to economic growth and has reduced the poverty of the people in the ethnic mi-nority areas. From 2011 to 2014, the SEAC has invested 57. 8 million Yuan in the development of ethnic minority villages in Sichuan province. This has led to the implementation of 73 projects and has benefited around 100,000 people, 7 indige-nous ethnic groups, and 11 prefectures and munic-ipalities in Sichuan. It seems that this‘poverty al-leviation through tourism ’ ( hereafter PATT ) has resulted in good economic and social effects. Ethnic minority villages in Sichuan share sim-ilar challenges: ( i) a low level of production and productivity,economic backwardness, simplistic e-conomic infrastructure, cultural narrow-minded-ness, a low level of education and personal devel-opment, and a fragile condition of local nature and cultural surroundings. Moreover, tourism has since deeply altered previous development models for these regions: this has also brought many new problems, like e. g. how to correctly distribute the newly acquired economic benefits and profits, as well as cultural and environmental protection is-sues. Many of these problems seem to be only tran-sitional;however, these challenges do ask for the necessary tweaks of the PATT policies. This article thus tries to review the model of PATT as imple-mented in the ethnic villages of Sichuan. The arti-cle explores its different stages/aspects:( i) adap-tation of goals, ( ii) the changing role of the gov-ernment, ( iii) an evolving profit model for local people, and ( iv ) evolving local talent discovery and activation. The first aspect of PATT is the change of the development goals. At first, the priority is to get rid of poverty through tourism. To initially boost local tourism, the government must make major in-vestments: enhancement of the basic infrastruc-ture, creation of a touristic brand and initial adver-tising for the ethnic villages. However, when the PATT has been effectively implemented, and reached a mature stage of development, i. e. the village has become relatively popular and annual numbers of tourists have reached a stable good lev-el, the goals must be adapted: economic develop-ment should change to sustainable development. The new goals would be a combination of local tourism and local related industries, such as handi-craft products, catering and other hospitality busi-nesses etc. When all of this takes place, the eth-nic villages and areas seem to be able to arrive at a green and sustainable development path. The second stage is the change of the role of government. As said, in the beginning large in-vestments in infrastructure, tourism marketing and publicity are needed. In this start-up stage, the village needs quite a lot of human and material re-sources. Without the financial and human aid of the government, it’ s very hard to change a local ethnic minority village into a tourist destination. Hence, the government should play a supportive role during the initial stages of tourism develop-ment, while taking the local villagers ’ will and ethnic culture into consideration: the government should consult with the villagers and encourage the villagers’ participation in the whole development process. When indeed the PATT reaches a mature phase, the local people can take over. By then the locals have gained much experience;their attitudes and business skills have sufficiently improved so the government can take a step back, leaving the villagers to further develop the villages by them-selves. The third aspect is an ‘evolving profit model for local people ’ . During the initial stages of PATT, it’ s all about developing basic tourism pro-jects: at this moment, the main profit models for businesses rely on ( a) ethnic culture projects with distinct characteristics, ( b ) establishing high quality modes of the tourists route, and ( c) pro-moting the unique name and fame of the villages. However, when PATT reaches a mature stage, the villagers themselves must further develop and maintain their unique brand and fame. As said, the government takes a step back while local peo-ple are to develop new related sustainable profit models. The fourth issue is the further evolution of‘local talent discovery and activation ’ or‘talent mechanisms’ . Before the initial stages of PATT in Sichuan, the local villagers of the ethnic minorities had been engaged in traditional agriculture for many years;hence it was difficult for them to tran-sition into modern industries such as tourism and hospitality. Moreover, there were very few locals who had any knowledge of this tourism/hospitality industry. E. g. only some elderly people conducted simplistic tour guide practices for tourists: they were unable to provide any in-depth explanations of the traditional ethnic customs and culture due to language barriers. Thus, outsiders ( including gov-ernment staff and tourism professionals ) had to come in and provide advanced concepts, methods, and training. More importantly, a new ‘local tal-ent team’ had to discover and activate local people with tourism talents/abilities. This allowed for a genuine local tourism industry to come into exist-ence and further evolve. However, when PATT reaches a mature stage, the government should re-turn the economic benefits back to the local people and give them the dominant right to further self-de-velopment. A newly developed professional middle class will then allow the local people to further de-cide on the future of the ethnic villages. After the initial ‘local talent discovery and activation ’ , a more mature ‘talent mechanism ’ should be formed. Led by the best local talents, people from all circles should be encouraged to take part in the further development of the local villages and areas:this allows for greater stability and continuity, while new talents can develop more. This article has analyzed the implementation and adaptation of PATT in the province of Si-chuan, including the ( i) adaptation of goals, ( ii) the changing role of the government, ( iii) an evol-ving profit model for local people, and ( iv) evol-ving local talent discovery and activation. Howev-er, the development of ethnic minority villages still seems to face many difficulties and challenges, and need to be studied and discussed more.