Table of Content

21 January 2021, Volume 0 Issue 04

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Enlightenment and Reference from the Amendment of the Civil Procedure Law in Taiwan

XIONG Yun-hui

2017, 0(04):  280. 

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The Civil Procedure Law in Taiwan has a history of amendment for more than sixty years, thus some beneficial experiences have been accumulated over the positive development of the laws, such as establishment of professional law-amendment groups being responsible for checking and revising the Laws, and those engaged in the modification of laws can enjoy stronger social care and humanistic concerns, etc.. Of course, there also exist some problems, even serious problems, such as over-emphasizing localization, violating the rules of development, over-idealism in the amendment of the laws resulted from the scholar-dominated revision, and being divorced from reality, etc.. Therefore, when modifying the civil procedure law, the main land should assimilate the useful experiences and avoid the serious problems if referring to the experiences of the modification of Taiwan’s “Civil Procedure Law”.

The Justification of Pro-Taxpayer in Tax Law Interpretation: An Analytical Framework of Obligation Law

YE Jin-yu

2017, 0(04):  281. 

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In the practice of tax law interpretation, one may be often faced with two difficult choices of being “favorable to the national treasury” or being “favorable to taxpayers”. Based on the financial needs, such practice of interpretation is usually more biased toward the direction of being “favorable to the national treasury”. But as a kind of atypical obligation of public law similar to the standardized contract, the organ that has the right to interpret should also follow the principle of universality for interpretation of debt. Therefore, when being in a situation in which the tax law is not clear or the taxation facts are not clear, and there are more than two understandings, the “rule of unfavorable interpretation” should be adhered to, so as to give favorable interpretation to the receiver of the rules, that is, to uphold the pro-taxpayer position in the interpretation of tax law. However, the role of pro-taxpayer interpretation of tax law should still be assessed rationally and treated objectively; neither underestimation nor overestimation is acceptable. It is not allowed to use it without proper conditions, nor can it be used offside. Only when the interpretive object is interpreted in accordance with the “general understanding rules”, and no exact conclusion of the interpretation can be drawn, can the pro-taxpayer principle be adopted. Only in this way can it be possible to clarify the clues among the complicated results from different methods of interpretations and to find the “only positive solution” acceptable to all parties.

A Game between the Government and Merchants: Implementation of Urban Land Tax in Guangzhou in 1927 and Its Dilemma

XIA Ju-fu

2017, 0(04):  282. 

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In the 1920s, Guangzhou witnessed a period of great changes, the political situation changed so frequently that the commercial economic field was often affected. When the government of the Republic China in Guangzhou was established, it put forward a series of related measures to practice Sun Yat-sen’s Three People’s Principles, including the implementation of urban land tax to achieve the thought of equalization of land ownership, controlling capital and so on, so as to achieve the original intention of narrowing the social gap between the rich and the poor. But the implementation of the land tax met with fierce opposition from the merchant groups, thus a considerable resistance was formed, and there was a game between the government and the businessmen. After several times of contest and interaction, taking into account the tax collection, business and political problems and other factors, ultimately both of them made a concession to end the dispute. The result of the businessmen’s compromise was generally accepting the tax rules of the government, while the result of the government was the removal of the resistance from the business sector, finally the implementation of Guangzhou urban land tax was carried out smoothly.

Rural Developmental Authority Structure and Social Governance from the Perspective of Political Changes: An Interpretation of Village G in Anhui Province

ZHANG Fei-long1, LI Lu-qu2

2017, 0(04):  283. 

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The operating mechanism of rural society is subject to the macro structural factors. Faced with political changes, rural organizations must respond effectively by adjusting their own operational logic. The developmental system requires the rural authorities have the ability to integrate the rural order and promote the social and economic development. Under the “political tournament” mode, the change of the performance appraisal mode has a great influence on the shaping of the village authority. In the process of responding to the political changes, the rural society has gradually developed a variety of governance models, but their governance performances are extremely different. The results show that, in the context of institutional transformation, some villages have gradually evolved a kind of authoritative organizational structure with strong development-orientation; under its guidance, a dual effect of both integrating rural order and promoting social and economic development can be achieved, thus showing a higher social governance performance.

Social Division of Labor, Cost Allocation, and the Emergence of Agricultural Machinery Operation Service Industry: Taking the Agricultural Mechanization Development in Henan, Hebei, Shandong Province as Examples

CAI Jian1, LIU Wen-yong2

2017, 0(04):  284. 

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Agricultural machinery operation service is a special industry pattern which has been explored in the process of agricultural mechanization in China. This pattern can fundamentally overcome the contradiction between “the small-scale farmer households and the demand of high power machinery”, so as to promote the rapid development of China’s agricultural mechanization. Based on this, from the point of social division of labor, it can be seen that the emergence of agricultural machinery operation service industry has its internal economic reasons. The results of this study show that, firstly, under the joint drive of the rising labor costs and the subsidy policy, the relative cost of labor and machinery is becoming higher and higher, which also induce farmers’ strong demand to use agricultural machinery; secondly, being limited by small scale farming resource conditions and lower farming income financial conditions, the farmers of single household cannot bear the burden of the purchase costs of agricultural machinery; thirdly, the social division of labor has brought into existence of agricultural machinery operation service industry, which is helpful for farmers to share the high costs of agricultural machinery, so that it is an effective way to solve the contradictions between high demand of agricultural machinery and low purchasing power of the farmers.

Agricultural Technical Progress and Urban-Rural Income Gap in China: An Analysis from the Perspective of Factors Reward

TU Tao-tao, LI Gu-cheng

2017, 0(04):  285. 

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By applying China’s dynamic CGE model, this paper makes use of agriculture-focused disaggregated social accounting matrix of 2012 to simulate the impact of agricultural technical progress on the absolute and relative income gaps between urban and rural residents. The findings show that agricultural technical progress will exacerbate absolute income gap between urban and rural residents in the medium term, while narrowing the gap in the long term. In all the simulation periods, agricultural technical progress will narrow the relative income gap between urban and rural residents. Compared with neutral technical progress, the effect of the biased technical progress is more significant in reducing the income gap. Through influencing the factors reward allocation of both urban and rural residents, the elasticity of factor substitution can determine the effects of agricultural technical progress reducing the urban-rural income gap. The conclusion of this study can provide a basis for the related authority to select an optimal path of agricultural technical progress.

Medical Product Price, Health Care Expenditure and the Purchasing Power of Urban Employee Pension: Taking Jiangxi Province as an Example

GUO Xi

2017, 0(04):  286. 

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Population aging has brought great challenge to China’s endowment insurance system. As people getting old, their need for health care and nursing care will rise. According to the experience of developed countries, the rising tendency of the prices of the demands of the elder people is faster than that of the prices of other goods and services. Through analyzing the relationship between the prices of medical products and health care expenditures, the change range of the health care expenditures resulted from the price changes of medical products has been found. On the basis of a comparative analysis between the pension and the expenditure of the principal part of the pension, it is found that the growth of the expenditure of the major urban retirees exceeds the growth of the pension itself, which suggests that absolute purchasing power of pension is shrinking year by year. In order to improve the purchasing power of urban employee pension, it is necessary to perfect the pension adjustment mechanism and stabilize the price formation mechanism of pharmaceuticals and medical care services.

Medical Risks, Medical Insurance and Consumption of Migrant Population

ZHU Ming-lai, SHI Xiao-chen

2017, 0(04):  287. 

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By making use of 2014 dynamic monitoring data of migrant population and applying the treatment effect model, this paper verifies the impact of medical risks and medical insurance on the consumption of migrant population. The total consumption level of migrant population is lower than that of the permanent residents in cities and towns, and is higher than that of the rural population. But the entertainment expenses of migrant population are less than that of the residents in urban and rural population. In addition, the hospitalized risks and medical expenses of migrant population are both less than that of the resident population. The results show that the higher the occurrence rate of hospitalization, the lower the consumption level will be. As for those groups with lower income, the consumption level of them with urban medical insurance is higher than those who don’t have. As for those who have middle-low income, the consumption level of those who have rural medical insurance is lower than those who don’t have. Therefore, we suggest that in order to promote the consumption of the migrant population, we should firstly reduce the medical risks of the migrant population; secondly we should encourage migrant people, especially those with middle-low income, to take part in urban medical insurance; and thirdly we should also raise the income of the migrant population.

A Study of the Site Visiting Behavior of Institutional Investors Based on the Information Environment of Listed Companies: Empirical Evidences from Shenzhen Main Board Market

SONG Yu, CHEN Cen

2017, 0(04):  288. 

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Corporate site visits are a series of information acquisition activities that allow institutional investors and securities analysts etc. to visit the location of listed companies and communicate with their managers and other employees face to face. The visitors can observe the companies’ production lines and understand the companies’ development strategies deeply. Based on the hand-collected information of investors of listed companies in Shenzhen main board market from 2012 to 2013, this paper measures the information environment of the listed companies with the degree of information asymmetry to examine the characteristics of institutional investors’ corporate site visits, such as the disclosure forms, industry distribution, frequency and time distribution, etc, then to study the impact of information asymmetry indicators on institutional investors’ site visits. The findings indicate that the inside and outside information environment of listed companies would both affect the site visiting behaviors of the institutional investors. The higher the quality of the listed companies’ information disclosure with institutional investors following in time at the earlier stage, the greater the probability and the more times of site visits will be made by the institutional investors. However, the uncertainty of the companies only has a significantly positive impact on the probability of institutional investors’ site visits.

Internal Control, Venture Capital and IPO Performance Worsening of Listed Companies

XU Hong, LIN Zhong-gao,

2017, 0(04):  289. 

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Taking the IPO companies in SME from 2008 to 2014 and GEM from 2009 to 2014 as the samples, this paper follows the classic VC management hypothesis to examine the impact of venture capital governance on the performance of IPO companies and the regulatory role of internal controls. The results indicate that there exist widely the phenomenon of IPO’s performance worsening in the companies with the participation of venture capital, the higher the degree of participation, the more serious the performance worsening. Further studies show that high quality internal control can weaken the negative impact of VC on the performance of IPO, the higher the degree of VC participation (higher proportion of VC share holding, participation in the governance of the board), the more obvious the role will be. The findings suggest that the development of China’s VC system has not become mature yet; the behavior of VC presents obvious grandstanding motivation. Thus, the regulatory departments should further improve the risk investment system and strengthen the construction of the internal control system of listed companies, so as to achieve the goal of certification supervision over venture investment and creation of value increment.

A Study of the Influence of Fiscal Decentralization on the Equalized Development of Compulsory Education and the Countermeasures: Based on Provincial Panel Date from 2004 to 2013

YAN Ya-na, TAN Jian-li

2017, 0(04):  290. 

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Through constructing an evaluation index system for the compulsory education, this paper adopts the factor analysis method to calculate the synthesis score of compulsory education of each province from 2004 to 2013. The results show that there exist long time gaps between their development levels of compulsory education, but the gap is reduced somewhat recently. Based on these findings, it conducts an analysis of the influencing mechanism of the fiscal decentralization on the compulsory education. The results show that such factors as fiscal expenditure decentralization, transfer payment and local financial resources have significant effects on compulsory education, but the effect direction is different. The fiscal expenditure decentralization exerts no positive effect on the compulsory education，the increase of local financial resources has promoted the development of the compulsory education, the transfer payment has a large difference in the regional effects. In order to narrow the gaps of compulsory education between different regions, it is necessary to control the degree of fiscal expenditure decentralization, establish a transformation mechanism between transfer payment and compulsory education, and especially enhance the local financial resources in backward areas.

A Metrological Verification of the Interactive Development between China’s Strategic Emerging Industries and the Traditional Industries: From the Perspective of Production Function

LIU Man-feng, LI Xin-yao

2017, 0(04):  291. 

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The strategic emerging industries and the traditional industries are interactive and supplementing each other in their development; a mature strategic emerging industry will transform into a traditional industry, while a traditional industry can turn into a strategic emerging industry through industrial transformation and upgrading. This paper firstly discusses the interactive development modes between the strategic emerging industries and the traditional industries and reveals the characteristics of each mode; then based on the production function, it builds up a model reflecting the contribution of TFP according to indirect R&D, production factors and technology spillover. It also conducts an empirical test by employing a spatial econometric model. The results suggest that strategic emerging industries exert a significant pull effect on traditional industries; from the perspective of technology spillover, the technology spillover effects from strategic emerging industries to traditional industries in North China and Southwest China are relatively significant, while the technology spillover effects from traditional industries to strategic emerging industries are not significant. From the view of input factors, the input increase of labor and capital contributes less to TFP than the increase of R&D and indirect R&D.

Research on Green Low-Carbon Upgrading of Industrial Chain in the GVC

ZHANG Wei1, YOU Jian-min2

2017, 0(04):  292. 

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In the context of the world economy globalization, the greening of GVC is continuously driving the green low-carbon upgrade of domestic industry chain. According to the driving factors of industrial chain evolution, this paper divides the stages of industrial chain evolution and analyzes the development pattern of each stage of the industrial chain and the changing tendency of carbon emission intensity. On this basis, it places the industrial chain green low-carbon upgrade in the governance model of GVC, so as to analyze the realization path and action mechanism of the green low-carbon upgrade of the industrial chain. The results show that with the changes of the development model of the industry chain, the carbon emission intensity of the industry chain will be reduced continuously, and the trend of low-carbon upgrade is obvious. In the governance mode of GVC, the industrial chain will carry out its low-carbon upgrade in accordance with the trend of carbon emission in different stages of evolution, the track of the industrial chain upgrading, and the changes of the industrial chain governance modes.