基于“超额递减赔偿制度”的消费者小额权益保护

退一赔一制度”由于其固有的缺陷对小额欺诈消费没有明显约束力。它不仅不能保护消费者大量的小额权益,鼓励消费者与不法经营作斗争,反而诱导了商家从事不法经营的机会主义行为。这是法律制度资源的巨大浪费。在利害关系小的领域设计出有效的法律救济措施极为必要。建立相对均衡的“超额递减赔偿制度”代替“退一赔一制度”,对市场经济条件下全面保护消费者权益,维护正常经济秩序具有重要意义。

制度协调的一个初步探讨

制度的协调是一个长期来被人们忽视的问题,本文把这一问题放在个体的"计划—行动—制度"中进行分析。制度的协调是个体的行动实现的,而行动又受个体计划的指引。文章区分了静态的制度协调和动态的制度协调,指出在静态情况下,行动并不产生新制度,而在动态情况下,行动产生新制度,制度的协调过程也是制度的生成过程。文章还区分了"个体的计划"和"政府的计划",说明为什么只有个体的计划,而非政府的计划才产生对制度有协调作用的行动,文章也因此给出了制度协调的实现条件:基础性制度不因强制力而被破坏以及个体计划的许可。

“一井一月一制度”油井管理法应用实践

"一井一月一制度"是我区针对油藏特征、井筒现状,以低压试井资料、月度综合数据为基础,遵循调查分析、发现问题、制定对策、验证效果、优化对策的思路,逐步探索实践形成的一种油井管理法。该管理法深入贯彻了"2342"油田开发管理思路、有效实施了油田精细管理、强化了效能监察,达到了提高单井产量和节能降耗的目的。实现了油田精细化管理。

叶在扬对中西度量衡的研究与清末度量衡的改制——以《度量衡新议》为中心

清末度政混乱,对国家经济、社会发展诸方面造成很大阻碍。随着新政的陆续出台,清政府颁布《度量权衡画一制度图说总表推行章程》。在此之前,学者对度量衡划一呼声虽高,但少有系统研究中西度量衡的著作,晚清学者叶在扬所著《度量衡新议》是唯一的一部研究专著。该书在对中西度量衡对比研究的基础上,重新探讨了度量衡基准,拟定和设计了度量权衡单位、器具,具有一定的创新性和探索价值。文章对叶在扬的相关工作进行了梳理和考证,详细分析其拟定度量衡新制的数理原理及其合理性与实效性不足的弊端;对其工作在清末度量衡改制中产生的影响进行了探讨,指出1908年清廷颁布的《度量权衡画一制度图说总表推行章程》直接参考了叶在扬的《度量衡新议》,并推测叶在扬本人也可能参与了章程的起草。

改革开放以来中国职业教育观的变迁研究

职业教育观的内涵是某个特定的主体对职业教育形成的一种意识形态的集合。这种意识形态至少包括了对职业教育宏观环境、教学层面和学生层面三个方面的内容。同时它是由两个维度形成的循环，即社会精英和社会大众的磨合，及观念、制度和器物之间的循序渐进。基于这样的理论框架，笔者对我国改革开放以来中国职业教育观的变迁进行了研究。

先秦儒家“大一统”思想论

儒家的"大一统"思想有着悠久的传统,在历史上产生了巨大的作用和影响,是中华民族的共识和维系中华民族团结统一的重要纽带。《尚书》就提出了"协和万邦"。孔子、孟子、荀子以当时社会历史条件为基础,形成了先秦儒家"大一统"思想。孔子认为要实现一匡天下,必须要"复礼";孟子认为国家的统一是社会发展的趋势,整个局势最后会"定于一";荀子继孟子之后在其"一天下"的基础之上,更进一步提出了"一制度"。大一统思想对后世产生了深远的影响,对于加强民族团结、实现祖国的统一,有着十分重要的意义。

试论儒家“大一统”思想

儒家的"大一统"思想,内涵丰富,有两大要点:一是孟子提出的"一天下",一是荀子论证的"一制度"。"一天下"是国家、民族统一理论,"一制度"是社会制度统一理论。在分裂与战乱时期,天下"定于一"是"大一统"的第一要求。完成"一天下"之后,紧接着提出"一制度",是"大一统"的必然要求。"一天下"与"一制度",是长久维持"大一统"的根本保证。"大一统"是中国历史永远不变的目标。

学校章程建设的虹口经验

上海市虹口区在2006年就已实现"一校一章程"。虹口区教育局、区政府教育督导室通过组建专业队伍,给学校制定章程提供专业指导和服务,帮助学校顺利完成章程制定工作;成立专家组,从合法性、完整性、特色性、准确性和时效性等方面审定各校章程,并注意呵护学校个性,使每所学校的章程都能体现自己的个性与特色;倡导学校建立制度体系,加强对学校章程执行情况的检查和评估,以促进学校章程的有效执行。

Effect of cooling rate on morphology of primary particles in Al-Sc-Zr master alloy

Al-1.0%Sc-1.0%Zr （mass fraction） master alloy was prepared at different cooling rates. The morphology and thermodynamics data of the primary particles of the master alloy were investigated by X-ray diffraction （XRD）, scanning electron microscopy （SEM） and differential scanning calorimetry （DSC）. It shows that the primary particles are dendrite-shaped particles comprised of several attached small cubic, cusped-cubic or crucifer shape particles at slow cooling rate. However, the primary particles are separated with crucifer shape at intermediate cooling rate, and they are cubic with cusped-cubic shape at high cooling rate. Meanwhile, the separated and attached particles present AlaSc/AlaZr1-xScx core-shell structure. The formation mechanism of the structure was systematically investigated by a mathematical model.

Evaluation of Soil Quality Indicators in Sugarcane Management in Sandy Loam Soil

An important factor for the sustainability of soils highly susceptible to degradation is the use of monitoring tools that promptly and realistically reflect changes imposed on soil by different cropping systems. To select soil quality indicator variables in sugarcane (Saccharum officinarum L.) production areas that fulfill the criteria of sensitivity to management practices and between-season consistency in the management discrimination, ten composite soil samples (0–10 cm) were collected in July 2005 (rainy season) and again in March 2006 (dry season) from areas under cultivation of organic sugarcane (OS), green sugarcane (GS), burned sugarcane (BS) and from an adjacent native forest (NF) area at Usina Triunfo, Boca da Mata, Alagoas, Brazil. Microbial biomass-C (MBC), total organic C (TOC), soil enzyme activity expressed as the rate of fluorescein diacetate (FDA) hydrolysis, mean weight diameter of water-stable soil aggregates (MWD), and percentage of water-stable macroaggregates (PWSA) were analyzed. Although MBC and TOC were higher in NF than in the cultivated areas, no differences were observed in these C pools between the three sugarcane systems. The response of FDA to the site management was dependent on the sampling time. In the rainy period, the activity followed the order: NF > OS > GS > BS, whereas in the dry season, only NF differed from the other treatments. Irrespective of the sampling time, MWD and PWSA decreased in the order NF > OS = GS > BS. The variables MWD and PWSA are quite sensitive for discriminating between site management histories regardless the sampling season.

Reproductive behavior in horseshoe crabs:Does density matter?

While the four species of horseshoe crabs share many common reproductive traits with respect to their reproductive systems, they do differ with respect to their mating behavior （monogamy vs. polygynandry）. Past research has attributed these differences to a number of factors including： spawning densities, operational sex ratios （OSR＇s）, male condition （or age）, environmental and/or genetic factors, or a combination thereof. Mating behaviors in the three Asian horseshoe crab species （Tachy-pleus gigas, T. tridentatus, and Carcinoscorpius rotundicauda） with low spawning densities and 1：1 operational sex ratios are typically monogamous. In Limuluspolyphemus, mating behavior is more variable ranging fi＇om monogamy to polygynandry. Here we provide evidence, through a long term behavioral study, that variation in mating behavior is influenced by population density in L. polyphemus. Our study population on two beaches in Connecticut （Long Island Sound） have a spawning density 400 times less than that found in Delaware Bay （0.002 females/m2 vs. 0.8 females/m2） but similar operational sex ratios. Between 90%-95% of all spawning females in CT were paired with only one male, thus exhibiting monogamous behavior. In contrast, between 30 and 60% of spawning females in Delaware Bay have more than one mate and produce clutches of eggs with multiple paternities. Male condition played no role in mating behavior in CT populations. We also observed that on average 18% of the females on the spawning beaches are single. These results suggest that population density is an important condition that determines mating behavior. Also, low population density may lead to decreased mate finding ability and lost opportunities for spawning

Indian task force for celiac disease:Current status

There are limited data on celiac disease(CD) from India.The limited knowledge about CD in India might be attributed to several factors.The fi rst meeting of the Indian Task Force for Celiac Disease was held in the Asian Institute of Gastroenterology,Hyderabad,India in December 2008.The objectives of the meeting were to focus research on prevalence of CD in the wheat-eating Northern vs the rice-eating Southern Indian population,low-budget serological assays to study the underprivileged population,to involve other medical subspecialties in CD,to suggest proper legislation regarding wheat food labeling,and to organize affordable food substitutes for patients with celiac disease.

“为用”与“制度”的博弈——佛教音声的历史流变研究

在佛教戒律之于僧尼"不得动乐"的规制中,印度佛教音声体系是由僧、俗两个不同群体共同完成的释俗交响系统;中土佛教音声是在印度佛教音声体系内所做出的元素置换过程,但却在周围"制度环境"的不断更替中经历了"僧尼非乐——僧尼破戒奏乐——伎乐供养僧尼化——俗曲佛用成为传统"的流变过程,原来由僧、俗两个不同群体共同完成的系统逐渐演变成僧尼独自完成。伎乐供养僧尼化并渐趋形成南北区域的地方性选择;当下诵经、器乐供养两大系统实为佛教音声体系流变之后的接衍、简化。佛教音声的历史发展表明:为用是佛教音声生存之本,制度是佛教音声为用之生态框架,为用与制度的博弈是佛教音声流变及其与世俗音乐关联的根本动因,亦是国家在场下佛教音声流变研究的重要维度。

Chinese Experiences in Addressing Rural Extreme Poverty and Marginalization

Seeking to alleviate and eradicate Bao （the minimum livelihood guarantee system） extreme povertY, the Chinese government has extended Di to the entire rural sector. It has also enhanced agricultural policies and strengthened its promotion of rural socioeconomic development. In more-developed regions of the country, the Di Bao program-in combination with integrated urban and rural social insurance and public services-has significantly reduced rates of poverty and financial vulnerability, and additional employment-promotion policies have created opportunities for Di Bao recipients to achieve incomes above the poverty-line. However, because of the high number of extremely poor households in disproportionately poor areas and the paucity of locally-available financial resources there, the intensity of intervention is still insufficient. Inadequate coordination of policies and shortcomings in the targeting of subsidies have resulted in both under-coverage and welfare-leakage as well. Consequently, in China＇s efforts to eradicate extreme poverty, increasing the effectiveness of poverty-reduction strategies in poor areas remains a key prioritY.

Integration of urban and rural minimum living standard security system

With the acceleration of urbanization, the lifestyles and living expenses of farmers and urban residents is increasingly more and more similar .However, from the measures in terms of the minimum living guarantee, the level of protection of rural and urban residents really have a large gap. The Third Plenary Session of the 18th Central Committee noted ＂to promote urban and rural minimum living security system and rural development＂, ＂to speed up and improve the social security management system and operate the service system＂,These tell us that only to realize the integration of urban and rural subsistence allowances, improve the underpinning of the social security system, can we build a moderately prosperous society.

Farmland Capitalization an Urgen issue in Institutional Reform

Developing modern agriculture is an important aspect of urban and rural integration. Chintz has adopted a new, highly compatible, multipronged approach. Judgingfrom current agricultural and rural policies, factors like capital, labor and land will continue to interact and revolve. The transformation of China＇s rural land tenure system is at a critical posifion in the overall strategy of developing tile rural economy. However, rural institutional reform will inevitably be constrained by the path and pattern China＇s industrialization, urbanization and agricultural modernization take. Creating a new pattern of urban and rural socioeconomic integration requires reform and improvement of rural grassroots governance structure. The interaction and reconsolidation of the factors have again become intertwined with the superstructure of rural society and will inevitably affect the direction and pace of rural grassroots governance structural reJbrm. Protecting the economic interests of farmers while respecting their democratic rights will always be at the heart of agricultural modernization.

A Thought About the Integration of Urban and Rural Medicare

Presently, Chinese urban and rural medicare systems differ from each other in many aspects including coverage, payment, and funding patterns, etc, which accounting mainly for the serious situation of the division between urban and rural areas, among different areas and among different communities. The paper will firstly illustrate the purposes and principles of integrating urban and turn/medical insurance systems. Then, with the development of socialist core value--equity, the consideration of the development of the social security system, and the consideration of the strengthening of the rural and urban economy, integrating three main basic health insurance systems is required to take place urgently, In the last part, it provides the strategic development of the inter,ration of the dual svstem.so as to build an uniform social insurance system.

The uniform enterprise income tax reform in China

In China, the income tax of enterprise is very different between foreign funded enterprises and other domestic enterprises. It is believed that this discrimination is harmful to the entire economy. So there is a reform in the tax system to build a uniform enterprise income tax. This is a significant reform in China＇s tax system, so every decision about this have to count the cost and the benefit carefully. The author has introduced the Computable General Equilibrium （CGE） to simulate this new tax system and value its benefit and cost. There are two different models in the paper; they are of different assumptions and for different purposes. Model I is a static CGE model and model II is a Ramsey Dynamic model. The static model is mainly used for comparative static approach to examine how the tax reform will change the endogenous variables. According to the results of the model, more goods will be produced by both of the DFEs and FIEs after the tax reform in the medium and low tax effective tax rate situations. If the nominal tax rates decrease 24.24% （from 33% to 25%）, the enterprise income tax will only reduce 19.36% and the total tax revenue will only reduce 1.911%. The dynamic model will concentrate on the costs and benefits during the transition. From the results of the model, a lower tax rate will increase the level of investment, capital stock, capital prices, wage rate and also the growth rates through transition. If the capital tax rates are changed gradually, the fluctuating of transition will be smoothed a little.

The “Absence” of Asian Regional Economic Integration and the Development Orientation of the Belt and Road

Asia has a special significance in China’s neighborhood strategy.Geographically,the Belt and Road Initiative faces the countries of Asia or China’s neighbors in the first place.Asia is clearly marked by an imbalance in and“absence”of regional economic integration.This“absence”is two-fold:it is expressed on the one hand as a lack of unified institutional arrangements for regional economic integration,and on the other as the inability of underdeveloped countries in the region to truly participate in regional economic integration and thereby gain opportunities for development.Compared with the rule-oriented nature of existing regional economic integration mechanisms,the Belt and Road Initiative,as a new type of regional cooperation mechanism,displays an orientation towards development.All existing regional economic integration arrangements,regardless of their form,establish specific rules on access thresholds,the rights and duties of member countries,schedules and roadmaps,dispute resolution mechanisms and so forth.This is not the case for the Belt and Road,which is not predicated on specific rules,but establishes its overall framework by orienting itself towards development.Overall,the development orientation of the Belt and Road is helpful not only in overcoming the inherent defects of Asian regional economic integration,but in responding to the new challenge of anti-globalization.This is an institutional public good that China offers to Asia and to the world.

China＇s Approach to Its Exchange Rate Mechanism： Adaptability of BBC Rules

China＇s recent declaration of principles on its exchange rate mechanism has made it very clear that any move should be on China＇s own initiative; such a move should be sustainable and under control. China has adopted gradualism in the exchange rate reform process. On July 21st, 2005, China changed Renminbi （RMB） pariy （appreciation） by 2 percent, signaling the exchange market reform process. This paper is to study the past history of the crawling-peg of RMB on the US dollar with a view of its future reform. The flexibility provided by the crawling-peg still fits well with China＇s status quo. However, the flexible mechanism should follow the trend of China＇s economic development with well-timed parity changes. The extent of the fluctuation band rests upon China＇s ability to maintain its currency stability to counter future speculation and shocks. Only when the market mechanism is restored in China can an equilibrium RMB exchange rate be reached.