Table of Content

01 July 2014, Volume 16 Issue 4

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Analysis of the Legal Issues About Initial Installation Charge for Pipeline Gas

LU Jian-hua

2014, 16(4):  1-8.  DOI: 10.11885/j.issn.1674-5094. 20137494

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Initial installation charge for pipeline gas” is essentially a kind of administrative and compulsory charge. Various degrees of legal problems exist in the current three kinds of charge mode. Instead of directly introducing from foreign countries the two-part system of pipeline gas price, the more feasible solution is to integrate the initial installation charge into municipal supporting infrastructure charges of local government and to improve relevant collection and administration systems. Furthermore, the pipeline gas installation fee should be cancelled in places where trunk pipeline construction becomes saturated or compensation fund expense is comparatively low.

On the Prevention and Control of Legal Risks in Oilfield Enterprises

MA Ming

2014, 16(4):  9-14.  DOI: 10.11885/j.issn.1674-5094.20137386

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In the process of rapid development, oilfield enterprises unavoidably face various risks which produce adverse effects on enterprises. Enterprise risk management is in essence legal risk management, so enterprise should attach great importance to effective prevention and control of legal risks, providing a healthy and orderly environment for their further development. Due to the late start of legal risk prevention and control work as well as the low internationalization level, Oilfield enterprises must meet the following requirements to build up a modernized legal risk prevention and control system: systematic risk identification, quantitative risk analysis, and comprehensive risk control and sustained operation system.

A Research on the Exchange Rate Risk Management of Small and Medium-sized Export Enterprises

WU Xiao-lin

2014, 16(4):  20-26.  DOI: 10.11885/j.issn.1674-5094.20137578

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The exchange rate has a constant influence on the management and development of export enterprises. Starting with the exchange rate risks encountered by small and medium-sized enterprises: transaction exposure, accounting exposure and economic exposure, the present paper points out the problems in exchange rate risk management, such as, weak consciousness of exchange rate risks, deficiency in exchange rate risk management mechanism, limited banking businesses, inadequate government service, etc. In the face of the ever increasing foreign exchange risks, precautions and control measures should be taken by: the enterprises themselves, banks and government. The small and medium-sized export enterprises must attach great importance to exchange rate risk management, constantly improving the core competitiveness of their products, strengthening the consciousness of exchange rate risks and establishing strict and efficient internal control system, cultivating risk management talents and perfecting the risk management system, enhancing exchange rate risk prevention by depending on a variety of financial derivatives. And by relying on active bank participation and the government support, stable operation and healthy development can be achieved.

An Empirical Study of Credit Risk of Supply Chain Finance
——Based on MF-Logistic Model

CHEN Qin SHI Li-juan

2014, 16(4):  27-35.  DOI: 10.11885/j.issn.1674-5094.20137561

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Supply chain finance, a transition from the traditional credit mode in commercial banks, has brought the participants into a win-win situation. In China, supply chain finance is still in the initial stage. Aiming to gain profits, the commercial banks actively develop their supply chain finance businesses, but their credit risk management of the supply chain finance is relatively backward. This paper chooses macroeconomic indicators and credit risk assessment indicators of enterprise at the micro level, and uses econometrics methods to build an MF-Logistic model containing macroeconomic factors and reflecting the financial index of enterprise credit capacity. And then we conduct an empirical study on 27 groups of sample data from the first quarter of 2007 to the third quarter of 2013, and come to conclusions by the empirical study and normative analysis. Through measurement and prediction of credit risk of supply chain finance, this paper offers pre-warning against credit risk of supply chain finance for commercial banks, and provides reference for formulating corresponding measures.

Some Thoughts on Improving Community Corrections System in China

MO Xiao-yu LI Fang-fang

2014, 16(4):  42-51.  DOI: 10.11885/j.issn.1674-5094.20137497

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China has developed from working unit system with distinct feature of planning system to social relation structure with the community as the main social unit. The nature of the social relation structure is the variation of social relations, and reintegration of international and social relations. As one of the non-imprisonment penalties, community correction fully embodies the essential requirement of the idea of criminal law and penal civilization. At present, China is making an active exploration about community corrections. However, while perfecting community corrections system, we are still faced with many troubles. This article makes a comprehensive study on some thoughts from academia about improving community corrections system, and discusses ways to get out of troubles by analyzing of the present situation of practice of community corrections system in China. It also suggests measures in terms of legislation, implementation and supervision, so as to improve community corrections system in China.

A Study of the Present Situation and Strategies of Public Service Development in Urban Villages
— Reflections on Reconstruction of Urban Villages in Xintai City

SI Nan

2014, 16(4):  51-56.  DOI: 10.11885/j.issn.1674-5094.20137522

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Urban villages, a mixture of urban and rural communities, emerge in the process of urbanization. Due to historic environment and institutional mechanisms, urban villages are often lost in disorder of management and layout. The reason is that community public services are not in place and do not fill in gaps between public demands from rural communities to urban ones. At present, reform and development of public services in urban villages still have many problems in government functions, organizational construction, service system, material base, and personnel structure. With Xintai City as an example, this article makes a research on the present situation of public services in the process of urban village reconstruction, trying to find ways out of difficulties in public service construction in urban villages.

On the Organ Donor’s Withdrawal Right

SUN Dao-rui

2014, 16(4):  62-66.  DOI: 10.11885/j.issn.1674-5094.20137475

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Regulations on organ transplantation in China give the organ donor the rescission right to cancel his organ donation intention, but according to civil law theories, this “rescission right” should be named “withdrawal right”. The withdrawal of organ donation is not to make the organ donation void, but to stop the pursuit of organ donation. The exercise of the right can only be implemented in written or oral form before the death of the donor or the transplantation of the organs. Giving the organ donor the withdrawal right is to respect his right of self-determination and embody the value of civil law.In living organ donation, after organ donor exercises the withdrawal right, the donor should compensate for the losses if malicious withdrawal results in death or serious body damage to the recipient.

Realization of Substantive Justice in Conflict Law

ZHANG Ya-hui

2014, 16(4):  67-72.  DOI: 10.11885/j.issn.1674-5094.20137468

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Through the investigation of the recent development of private international law, we can find that a single value orientation that breaks the conflict rules and only pursues conflict justice, and the advocation that the application of law should reflect the substantive justice have become a trend in private international law. But the United States has taken a different way from majority countries in realizing substantive justice. Generally, the “revolutionary” way adopted by the United States is more radical than the “reformative” way adopted by the majority of countries especially the European countries. From a practical point, the “reformative” way by the European countries are more conducive to the realization of substantive justice.

The Development and Lessons of the Socialist Core Value in Soviet Union

QIU Ren-fu

2014, 16(4):  86-91.  DOI: 10.11885/j.issn.1674-5094.20137382

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The socialist revolution in the Soviet Union was the first try in the development of human society to bring socialism from theory to practice, which includes many values for references. The Soviet socialism has undergone three stages in the development of its core value: the first stage — its formation, development and prosperity, the second stage — its plight of growing into rigidness, and the third stage — its deconstruction and defeat. From its development we can learn lessons in the following four points: Marxism must hold the leading position in the ideological realm; it is essential to promote democracy within the Party and hence propel the building of social democracy; the cultivation of the socialist core value must be closely combined with the mass’ interests; and the Party’s leading position in the ideological realm must be firmly strengthened.

A Study on Private Legal Advisers in Qing Dynasty

XUE Xiu-juan PENG Hong-li PENG Chang-jiang

2014, 16(4):  97-101.  DOI: 10.11885/j.issn.1674-5094.20137503

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This paper extracts valuable experiences in social governance from China’s traditional culture. We found that from retainers in the pre-Qin period to private legal advisers in Qing dynasty, elites were always rewarded and respected by governors. As intellectual support, they played an important role in political stability and in the development of economy and culture. The advisers system catered to the Qing Dynasty rulers, and underwent two climaxes, all these showing that the elites-mass governance model worked well in the transformational or complex period. However, due to the decadent feudal system, impacts of new foreign cultures and other reasons, the adviser system had declined. China is now in a transformational period with various challenges, so we hope the analysis on the development of the adviser system would be of reference and enlightenment for China to construct and perfect advisory body system.

A Review and Reflection on the 30 Years Development of  Science Education in China

ZHANG Xiao-fei ZHU Pei-pei

2014, 16(4):  114-119.  DOI: 10.11885/j.issn.1674-5094.20137626

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Science education is of great importance to the cultivation of the scientific literacy of a people. With the deepening of the reform and opening-up, science education has drawn wide attention and has prospered. Investigating systematically the development of science education in China since the reform and opening-up, this paper summarizes its development process at different times and sums up the main content and direction of its development. And according to the current situation, it points out the major factors that affect and restrict further development of science education in China and presents key issues concerned in researches.