Table of Content

21 January 2021, Volume 0 Issue 02

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Reference and Application of Beyond Reasonable Doubt in Anglo-American Law System: Taking Jiangxi Extremely Large Economic Crime Case of “Better Life” Illegal Pyramid Selling as the Example

ZHANG Yong-ling

2017, 0(02):  307. 

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In the exploration of the application of beyond reasonable doubt in the Anglo-American law system to Chinese juridical practice, if the beyond reasonable doubt is introduced into the criminal proof standard system of economic crime, it is necessary to adhere to the principle of beyond reasonable doubt and implement the evidence judging principle, to stick to the organic unity between subjectivity and objectivity and between construction and deconstruction, and insist on taking all the elements of the crime as the evaluation carrier and the suitable objects as the evidences of the case.

The Integration of Economic Rationality and Legal Doctrine: Reflection on the Logic behind the Reform of China’s Corporate Capital System from the Perspective of Transaction Costs

TIAN Yuan

2017, 0(02):  308. 

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The capital system arrangement of the Company Law should be based on the transaction nature of the company, fully respect the business logic and the market logic, and analyze the contracting process between the commercial subjects such as shareholders and creditors. On the premise of minimizing social costs, the welfare of all parties should be improved. However, the reform of corporate capital system in 2013 expelled the creditors of small and medium-sized enterprises into the blank area of the system. The perspective of transaction costs can help us to better recognize the hidden risks behind this institutional changes, dig out the economic structure behind the corporate law, and understand the complex relationship between institutional design and the real business mechanism. To observe the changes of China’s corporate capital system in the past twenty years from this perspective can help us better regulate the moral hazard behavior of the shareholders, at the same time, view the pros and cons of the current reform of the corporate capital system more objectively.

The Trend of Thoughts of Habermas’ Public Sphere Theory and Its Contemporary Value

ZENG Cheng, ZHAN Ai-bin

2017, 0(02):  309. 

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The concept of “public sphere” is the cornerstone of Habermas’s critique on modern philosophy. His book The Structural Transformation of the Public Sphere shows the development of the theoretical proposition of the Western society; meanwhile it exerts far-reaching impact on the researches of public sphere in Chinese academic circles. Based on this, this paper tries to explain the coincidence between Habermas’ public sphere theoretical system and Chinese social context, then it analyzes the successful cases of Chinese public sphere construction in the context of Internet communication, which can help to explore the historical utility of the theory and the contemporary values, so as to further explore its benign interaction with Chinese society.

The “Second-Phase Bond” Policy in the Central Soviet Area and Its Contemporary Enlightenment

LIU Xiao-quan

2017, 0(02):  310. 

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The second phase of public bond in the Central Soviet Area is the second phase of government bond issued by the Chinese Soviet Republic in order to enrich the funds for the revolutionary war. During the course of the issuance of the public debt, the Provisional Central Government formulated detailed government bond policies, including the basic conditions, the specific way of bond issuing, the way of mobilization, the repayment policy and so on. The formulation and implementation of the “second-phase public bond” policy played a very important role in raising revolutionary war funds for the Central Soviet Area, alleviating the serious financial pressure on the Soviet Area, and striving for the victory of the revolutionary war. Today it can also provide useful enlightenment and references to us.

Has China’s Urban-Rural Integration Narrowed the Urban-Rural Income Gap? An Empirical Study Based on the Panel Data from 26 Provinces

WU Chang-nan, ZHANG Yun

2017, 0(02):  311. 

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By making use of the data of 26 provinces and adopting the fixed effects model, this paper studies the impact of urban-rural integration on the urban-rural income gap from the two aspects of urban-rural economic development integration and urban-rural social development integration. The results show that there exists narrowing effect in the urban-rural social development integration, while urban-rural economic development integration has expanding effect on urban-rural income gap, and the expanding effect is far smaller than the narrowing effect. Therefore, the urban-rural integration has generally expanded the urban-rural income gap. Further research finds out that the expanding effect comes from the fast flowing of rural production factors into cities during the raising of urbanization ratio, while the narrowing effect comes from the balanced development of urban-rural health and social security. Therefore, during the process of urban-rural integration, the policy focus of narrowing urban-rural income gap is to further promote the investment in rural public goods, improve the equality of the urban and rural education, balance the development of the social security system, and at the same time construct a mechanism to promote the urban and rural bi-direction flowing of production factors.

Lenin’s Thought of Developing Soviet Agriculture and Its Contemporary Value

XU Rong

2017, 0(02):  312. 

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During the time when Lenin was in power, he always regarded agricultural problem as one of the urgent problems to be solved by the Soviet Russia. In order to develop agricultural production and improve the level of agricultural operation, Lenin put forward such thoughts as laying emphasis on the cultivation of agricultural talents, promoting new agricultural technology, establishing agricultural development funds, actively formulating agricultural laws and appointing leading cadres with rural work experiences. These thoughts are of great significance in enlightening China’s current agricultural reform and realizing the goal of the “two hundred years”.

On the Operational Mechanism and Pricing Model of Extreme Mortality Swaps

XIE Shi-qing

2017, 0(02):  313. 

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Extreme mortality swaps are contracts of regularly exchanging a series of cash flows between life insurance companies and counterparty based on the difference between the real mortality and the expected mortality of the target population. This paper presents the market development of extreme mortality swaps and analyzes the operational mechanism of extreme mortality swaps. By employing the method of Wang transform, it derives a pricing model of extreme mortality swaps, with which the sameness and difference between extreme mortality swaps and longevity swaps are compared and studied.

A Study of the Problem of Food Safety Liability Insurance from the Perspective of Incomplete Information Dynamic Game: A KMRW Reputation Game Based on the Participating Subjects

WANG Kang, SUN Jian, ZHOU Xin

2017, 0(02):  314. 

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From the perspective of game theory, this paper studies such game cases as the KMRW reputation game between insurance companies and food enterprises, the due diligence game of insurance companies and the game of collusion and violation reports between intermediary agencies and food enterprises. Then it analyzes the game relationship between insurance companies, intermediary agencies and food enterprises during the operation process of food safety liability insurance. The results show that loss of reputation has failed to bring sufficient attention to the food enterprises; besides, it lacks sufficient momentum to maintain reputation, which causes the production of food not meeting the safety standards. The insurance companies should establish reputation measurement mechanism and rewards and punishment mechanism, so as to achieve the purpose of supervision and restriction over food enterprises while enabling the enterprises to obtain reasonable profits. In addition, the insurance companies should also establish an assessment system against intermediary agencies, so as to reduce the probability of their violations.

Budgetary Shirking：Construct Defining and Scale Testing

GAO Yan1, HONG Zhi-quan2, CHEN Shi-si1

2017, 0(02):  315. 

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As one of the important forms of opportunism in budgeting, budgetary shirking is essentially the behavior of only spending low efforts through hiding action in performing the budget contract. We should not only define this construct in theoretical category in order to differentiate it at the qualitative regularity from the budgetary slack at the link of budget signing, but also provide a measuring tool for further quantitative study. After reviewing literatures and analyzing theories, this paper prepares 9 testing items about budgetary shirking by means of in-depth interviews and focus discussions; then taking 449 questionnaires as the measuring tool, it makes an analysis with EFA and CFA to obtain the two dimensions of discretionary shirking and constraint shirking as well as the corresponding 6 formal topics. At last it constructs a scale of budgetary based on the local situations and expounds its application values.

An Analysis of the Duration of Middle Income and Its Influencing Factors: From the Perspective of Constructing Olive-Shaped Income Structure

XU Jia-shu1, DUAN Zhi-min2

2017, 0(02):  316. 

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To expand the proportion of the middle-income groups and construct olive-shaped income structure is an important goal in the new stage of China’s development, while to extend the duration of middle income is the main path for the expansion of the proportion of the middle-income groups. Based on the nine rounds survey data of CHNS from 1989 to 2011, and on the basis of the measurement of the middle-income groups, this study finds out that the time average of China’s middle income duration is 8.97 years, that the median is 7 years, and that there exists obvious negative time dependence. When the duration model which can control individual unobservable heterogeneity is adopted to analyze various influencing factors, the findings show that the individual characteristics, such as gender, age, level of education, types of work unit, and the regional characteristics, such as per capita GDP, Gini coefficient, unemployment rate, marketization degree, can produce significant effect on the duration of the middle-income groups. Meanwhile, the time of middle-income duration has significant urban-rural differences and regional differences. The conclusion believes that in order to improve the market prospect and opportunities for the low-income work force, it is necessary to construct a social security and welfare system covering the urban and rural residents and residents belonging to different work units. And different regional policies should be adopted against the structural characteristics of income mobility at different regions.

A Study of Cooperative Supply Chain Pattern and Decision Problems: Based on Green Innovation of Raw Materials

LIU Kan

2017, 0(02):  317. 

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With the realization mechanism of the cooperative supply chain of raw material green innovation as a focal point, this paper explores the interest demands and decision-making considerations of manufacturers and suppliers in raw materials green innovation, hoping to form a cooperative mechanism of raw materials green innovation, provide optimal decision for the manufacturers and suppliers during the process of raw materials green innovation, realize their profit maximization, and promote the healthy development trend of supply chain ecologicalization. The findings show that the establishment of the supply chain cooperative pattern for the green innovation of raw materials is feasible; producers can have extra profits through the support of green innovation, while the supplier can gain more profits if they accept the cooperation. However, whether the suppliers carry out green innovation depends on the degree of raw materials greenization brought about by green innovation and the output brought about by raw materials greenization. To sum up, the manufacturers can realize their profit maximization through the optimal green innovation supporting strategy, while the suppliers need to improve their efficiency of green innovation on such a base so as to gain greater earnings.

A Study of Satisfaction from Initial Distribution Fairness and Redistribution Fairness: Based on the Questionnaire Analysis of 958 Households in 11 Regions of Zhejiang Province

SUN Jing-shui1, CHENG Fang-fang1,2

2017, 0(02):  318. 

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It is extremely significant to conduct an in-depth study of the perception, judgment and evaluation of the social members towards the satisfaction from the initial distribution fairness and redistribution fairness at present China, which can help the government formulate scientific and rational regulatory policies, promote distributive justice, improve the residents’ satisfaction, and maintain social harmony and stability. At the present stage, the inequality of income distribution has exceeded the reasonable limit. The degrees of income distribution inequality of the residents are quite different due to the differences existing at such aspects as personal and family characteristics, human capital, material capital, political capital, occupation and so on. The satisfaction degrees of the residents towards the present initial distribution fairness and the redistribution fairness are higher, and the satisfaction degree towards the initial distribution fairness is greater than that towards the redistribution fairness, the satisfaction degree of the urban residents is greater than that of the rural residents. Among the indexes of satisfaction, such as the starting point fairness, the process fairness, the result fairness, and the redistribution fairness, the residents have lower degrees of satisfaction towards public infrastructure, employment fairness, openness of government affairs and transparency of public information, helping the disadvantaged groups and so on.

Several Theoretical Difficulties in Constructing Socialist Political Economics with Chinese Characteristics

LUO Xiong-fei, PENG Xin-wan

2017, 0(02):  320. 

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When constructing the socialist political economics with Chinese characteristics in the new era, it is necessary to abandon dogmatism and pragmatism and solve several theoretical difficulties. Although the thinking methods of Marx and Engels belong to the same materialist dialectics, there still exist some individual differences, so we should return to Marx to understand his classic works. To grasp the characteristics of the times of contemporary China, it is necessary to clarify the relationship between Marx’s“five-stage theory”and the“three-stage theory”. We should understand the relationship between former and later 30 years from the different tasks of different times. To understand the system of ownership and the income distribution principle, we must be free from the shackles of utopian socialism.