Table of Content

21 January 2021, Volume 0 Issue 05

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Procedural Illegality and Remand for Retrial: A Review of Article 170 of Civil Procedure Law

ZHAN Shan-gang, LIU Fang

2014, 0(05):  513. 

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Remand for retrial is one of the means for the court of appeal to correct the error of judgment of the lower court, and its purpose is to guarantee the right to the parties for a fair trial. To construct the rehearing reasons scientificly can help the realization of the function of remand for retrial. When analyzing the theoretical basis for the design of the rehearing reasons, it shoud be known that the only reason for the remand for retrial is the violation of legal procedure by the first trial, and the unclear fact-finding in the trial should not be alone regarded as the retrial reason. The design of retrial reason stipulated in Article 170 of the Civil Procedure Law goes against the legal principle of lawsuit and is short of legitimacy. When designing the reasons for retrial, the serious breach of procedural law and the general breach of procedural law should be distinguished; the former is the absolute reason for remand, while the latter is illegal and become the reason for retrial only when it would affect the judgment and to maintain the trial level system becomes necessary.

On the Bidirectional Mechanism of Litigation-Mediation Docking and Its Construction

LI De-en

2014, 0(05):  514. 

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“Litigation-mediation docking”is a working mechanism advocated and established in recent years by people’s courts to resolve social conflicts and disputes. There exist differences among the jurisprudential circle in defining the working mechanism of “litigation-mediation docking”. Whether from the literal meaning, or from the background, or from the practice to examine its performance, “litigation-mediation docking”should be defined as the bidirectional docking between litigation and mediation. The mechanism of supporting and connecting mediation with litigation consists of the incentives and disciplinary actions on litigation costs, the confirmation of the effectiveness of the procedural law for the mediation agreement and the entitled right to the parties requesting a timely trial. As a mechanism to shunt litigation, mediation covers a variety of measures to expand mediation application in judicial proceedings, including referral application, extension application and mandatory application. In some countries and regions around the world, there appears the mixed process that fuses the two special qualities of litigation and mediation together as one, the mutual support, coordination and convergence between litigation and mediation has reached a new height, it is worthwhile for China to learn from them.

Network Virtual Community Development and Social Management Innovation in the Omnimedia Environment

ZHANG Pin-liang

2014, 0(05):  515. 

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The network community organizations are developing prosperously. They have brought people a lot of convenience in the freedom of communications, while at the same time they also brought about dramatical changes to the media ecological environment. The human communication has entered the era of information source crisis, bringing greater challenges and new propositions to China’s social management. Therefore, the innovation of social management cannot be separated from the management innovation of the virtual community. During the omnimedia era, we have to explore, understand and evaluate the changed network community, grasp the good opportunity to innovate social management, observe and guide the public opinion on the network, prevent social risks, and improve the new mechanism to deal with the network sudden events, so as to ensure that the virtual community organizations become vibrant, harmonious and stable.

Power and Cage: Restriction and Spervision of Top Leaders’ Power

ZENG Shao-dong, ZHOU Xiao-lang

2014, 0(05):  516. 

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Power has the evil of being abused, which is decided by the separation of power ownership and the right to use the powers, the concentration and coerciveness of the distribution right on resources, as well as its corrodibility and interchangeability. In order to curb the evil of being abused, power must be restricted, supervised and put into the institutional cage. Among them, the restriction and supervision of the top leaders’ power is the key to the restriction and supervision of power. The imperfect institution and the value rationality of lacking awareness of the institution is the root of the problem of restriction and supervision of top leaders’ power. Therefore, in order to strengthen the restriction and supervision of top leaders’ power, efforts should be made to conduct a top-level design for the institution, to weave a rigorous institutional cage, and foster the value rationality of institutional awareness.

On the Kinship in Social Business Relationship of Southeastern Businessmen during Ming and Qing Dynasties

CHEN Dong-you

2014, 0(05):  517. 

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During Ming and Qing dynasties, with the development of commercial economy and merchant community, the internal blood relationship was still the most trusted relationship among Chinese merchants, especially in overseas trade. Some merchant families adopted sons of other families just for the purpose of overseas business, designating them as their business agents. The reason why the business relationship had to take the blood relationship as the center is the tremendous power of traditional ethical culture deeply rooted in the kinship. In the operations of family business, the normalizing power of the ethical culture has manifested itself in emphasizing the ethical relationship and focusing on interdependence and the regulated economic behaviors. So much emphasis is laid on the importance of family kinship ethics; the primary purpose is of course to strengthen family cohesion and the control power for collective actions.

On the Performance of China’s Medical Security System and Its Affecting Factors：2007-2011

SONG Zhan-jun, ZHU Ming-lai

2014, 0(05):  518. 

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Taking the medical security system of China’s nine provinces as the decision making unit, this study first evaluates the performance of the medical security system in some regions from 2007 to 2011 and the changes of TFP through an analysis of the two stages of DEA. Then by establishing a panel Tobit model, it is found that the input and output of the medical security system is far from optimal from the year 2007 to 2011. The Tobit model indicates that the urbanization and aging are the important factors reducing the performance of the medical security system in China. For the future reform of the medical security system, it is suggested that China should make the full use of the market mechanism and greatly promote the roles of commercial insurance.

A Study of the Impacts of Labor Force Transfer on Farmers’ Selection of Production and Operation Modes with Multiple Capital Constraints

LI Bin, MA Jiu-jie

2014, 0(05):  519. 

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Based on the survey data of 485 rural household samples in Hubei Province and Chongqing City, this paper constructes a multinomial Logistic model to study the impact of labor force transfer on the farmers’ selection of production and operation modes with multiple capital constraints. The results of the study indicate that the labor force transfer has a positive influence on farmers’ selection of professional agricultural production and operation modes and a negative influence on farmers’ selection of other production and operation modes. Therefore, labor force transfer is conducive to the collapse of farmers’ part-time business mode, urging them to reselect their professionally-engaged agricultural production and operation activities, including the simple agricultural production with traditional methods and the large-scale production performed by the new-type organization forms for agricultural production, such as the large professional families, family farms, farmers’ cooperatives and so on. On such a basis, this paper puts forward some corresponding policy recommendations.

Occupational Pension for Public Sector: Feasibility Analysis and System Design

HE Xiao-wei1, ZHENG Wei2

2014, 0(05):  520. 

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The dual-track pension scheme between public sector and private sector has become a prominent issue affecting the fairness of social security in China, which needs structural reforms urgently. International experiences show that the occupational pensions for the employees of government departments and institutions present such features as taking the fusion of the basic retirement insurances as the foundation, transforming from the defined benefit type to the mixed type, adhering to the development idea of“incremental reform and smooth transition”and so on. China has a realistic feasibility of developing occupational pensions for the public sector from the perspectives of technical basis, pilot experiences and expectations of public employees.

Will the Relationship Between Supplier and Customer Affect Companies’ Cash Holdings? An Empirical Analysis Based on Panel Data of China’s Listed Manufacturing Companies

ZHAO Xiu-yun, BAO Qun

2014, 0(05):  521. 

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Taking 4994 panel data from China’s listed manufacturing companies from 2008 to 2012 as samples and considering the nature of property right and the scale factor, this paper studies the influential effect of supplier-customer relationship on enterprises’ decision making of cash holding. The results indicate that the higher the customer concentration is, the more inclined the suppliers are to hold more cash to fulfill the commitments to customers and to prevent the risk of losing customers. Due to the weaker anti-risk capability, non-state-owned companies have stronger motivations for cash-holding preventability and commitment. Further study also finds out that the smaller the scale of non-state-owned enterprises is, the stronger the positive relationship between the customer concentration and cash holding level will be. Through the robustness tests from many angles, it is found that the above conclusion is still valid.

Internal Control Effectiveness, Earnings Quality Identification and Corporate Debt Maturity: A Study from the Perspective of Long-Term Debt Decision-Making

XU Hong, LIN Zhong-gao, HE Ya-wei

2014, 0(05):  522. 

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The quality of earnings is an important basis on which creditors make decisions. By making use of the related data from 2009 to 2011 of China’s A share listed companies in Shanghai and Shenzhen stock exchanges, this paper conducts an empirical test. The results show that the internal control is the guarantee of the quality of corporate surplus. However, with the improvement of internal control effectiveness in listed company, the creditors’ capacity to identify the quality of corporate surplus during the long-term debt decisions-making would decline significantly, which demonstrates that internal control and earnings quality has a replacement value of signal transmission when creditors make decisions. Further study indicates that due to the difference of the nature of property rights and of the marketization process in the areas that the listed companies locate, there is a significant difference in the creditors’ capacity to identify the quality of corporate surplus when they make decisions.

Research on Patent License Problems in Technical Standards Based on Standard Life Cycle

SHU Hui, LIU Yun

2014, 0(05):  523. 

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The technical standards are playing a more and more significant role in the international market competition in the context of today’s continuous development of knowledge economy. More and more multinational enterprises choose to bring their patents into the technical standards and construct patent barriers of technical standards. With the continuous fusion of standards and patents, the patent license problems in the standards are becoming more and more complicated and outstanding. From the combination of patents and standards, this papre points out the general process of patent license after the combination. Taking the life cycle of the standards into account, it also analyzes the patent license problems and the degree of prominence in the standards during the four stages of the technical standards: the introduction stage, the growth stage, the mature stage and the decline stage, with a concentration on the patent license problems at the growth stage. At last, it puts forward some specific recommendations against the patent license problem in the technical standards.

Regional Spillovers in Urbanization and Regional Economic Growth Convergence: Based on Empirical Envidences of Chengdu-Chongqing Economic Zone

SHEN Yun, CAO Yue-qun, PENG Xiao-bing

2014, 0(05):  524. 

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In the light of the theory of the new economic growth and the related approaches of the new economic geography, this paper, from the point of view of urbanization and the spatial attribute of regional economic growth, contructs a regional economic growth model under the action of regional spillovers to analyze the dynamic mechanism between the regional spillovers in urbanization and the regional economic growth convergence. The study shows that the regional spillovers in urbanization and the regional economic growth convergence would supplement each other, i.e., the ever-expansion of urbanization would bring about the convergence of regional economic growth; and the convergence of regional economic growth would further raise the level of urbanization. At the same time, taking 44 districts and counties in Chengdu-Chongqing Economic Zone as examples, this study proves that convergence does exist in regional economic growth. Taking the regional spillovers into account, the speed of the occurance of economic growth convergence in Chengdu-Chongqing Economic Zone is 3.16%. Meanwhile, the contribution of human capital investment to economic growth is greater than that of material capital investment to economic growth. This is also in line with the law of diminishing marginal returns.

A Further Interpretation of “the Second North Paradox”

GONG Li-xin, FU Peng

2014, 0(05):  525. 

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“The Second North Paradox”is a problem description of some contradictory conclusions existing among economic growth, institutional changes and transaction costs, which was proposed by domestic scholars in the beginning of this century. If the deep relation between the total transaction costs and the cost of a single transaction is clarified, “the Second North Paradox”does not exist at all. In addition, the following conclusions can be drawn: firstly, the standard to measure the institutional changes should be the level of a single transaction cost, rather than the total transaction costs; secondly, the total transaction costs can be divided into two parts: the institutional costs and the sum of market transaction costs under the established institutional system; besides, the rise in the total transaction costs helps to decrease the cost of a single transaction cost; thirdly, the proportion of the total transaction costs to GDP will not rise infinitely, meanwhile, the decrease of single transaction costs and the rise of the total transaction costs will co-exist only within a certain range.

A Study of China’s Banking Development: From the Perspective of Institutional Economics

LU Fu-cai, ZHANG Rong-xin

2014, 0(05):  526. 

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The development of private banking is currently a hotspot and a difficult problem in the reform of China’s banking sector. Although China’s state-owned banks have laid a solid foundation for the financial system, it is hard for the state-owned banking system to continue to support China’s difficult transition of “structural adjustment” due to lacking of competition and fairness currently. Therefore, to evaluate correctly the contribution made by state-owned banks to China’s economic growth not only has a strong practical significance, but also is helpful to analyze more accurately the comparative advantages and disadvantages of private banks. This study shows that only by making a good top-level design for the development of private banks, optimizing the overall financial ecological environment in the society and effectively guarding against financial risks, can a healthy and competitive banking system be constructed in the true sense.