Bohai Oilfield has recruited a large number of university graduates into its science and technology force. However,many of them have difficulties adapting to production and research work in the oilfield. In this context,Bohai Oilfield established the “3T” (Tutor,Training,and Technology forum) training model. Through tutor instruction,onthespot work skill training,and youth technology innovation forum,and by forging excellent youth talent teams,we have shortened the time for the university graduates to adapt to oilfield production research work and acquire necessary research methods and working skills.
State intervention in economy is made in the form of economic law. In order to distinguish the relationship between economic law and state intervention,we need first to understand the origins and definitions of economic law. Economic law had experienced an unprecedented development in the period of monopoly capitalism,and got accepted by the society as a legal form of state intervention. It adjusts the four major elements in economic relationship: macrocontrol,market entity,market order and social allocation. Compensating for the inherent vice of market and government,economic law has played an important role on overcoming market and government failure,and has also laid the foundation for the legalization of state intervention .
With the development of urbanization,the new countryside construction has become a hot issue in the society which has brought about a heated debate on the land compensation fees. As the most basic means of production for human existence,the land matters a lot,especially for rural villagers. The reformation in land system is closely linked to the life of farmers who attach importance to the reform. However,risks in the process of land reform will undoubtedly bring to the society certain pressures whether the reform can conform with the farmers’ will and be successful,whether farmers can understand and support the government,and whether land reform can be carried out smoothly. The underlying problems in the reform will affect the vital interests of the farmers and will have a great impact on the society as a whole. Based on the current problems in supervision and management of the land compensation fees,this paper,through onthespot investigation,addresses the necessity of land reform,and put forward some corresponding suggestions on the content and effect of reform.
With the rapid development of urbanization,land requisition and demolishing has become an important factor in promoting rural development and in grassroots governance. It not only brings about intensive interests but also changes the logic of grassroots governance. This paper analyzes the phenomenon of elite alternation by taking a village in west Hubei as an example,where the traditional elites are encountered with various problems in land requisition and demolishing and secede from the governance system,while the emerging elites enter into the system supported by their economic and social capital. They solve public affairs such as the “nail households” caused by land requisition and demolishing and the “petition households” by taking advantage of their personal resources. We think that although such elite alternation has contributed to the solution of various problems in land requisition and demolishing,it may lead to the erosion of grassroots social interests and the decomposition of the legality of grassroots.
Social security has always been a major political and social issue. However,at the present,professional police who offer single and sole public security service cannot completely meet the needs of the public,which requires government to innovate public security service system,achieving “improvement without increasing police power” by way of diversified governance of security service. Contract governance in security service provides a feasible way to realize the diversified governance of security service and the improvement without increasing police power. Scattered resources existing in society can be integrated by means of contract governance,making them a joint force to achieve the diversified governance of security service.
Various food safety issues have occurred in recent years,which results in people’s appeal for a green turn in agriculture. Starting from the connotations of green agriculture,this paper probes into the significance and prospect as well as the approaches of the green turn in agriculture. And based an analysis of the attributes of agriculture as a public product,we hold that the economic costs generated in the transformation process should not be covered by the ordinary people,and suggests that the state should play an active leading role in this process so that all the people can enjoy healthy and safe food as the result of the green transformation.
Given the great disparity of the power between the accuser and the defender in criminal suits and the possibility that the defendant may not be guilty in criminal proceedings,the Criminal Procedure Law mainly aims to ensure human rights instead of impose punishment for crimes. The principles of “presumption of innocence” and “in dubio pro reo” should only apply to the occasions when evidences and facts are questioned,rather than becoming the direction of interpretation of criminal law. Clauses of criminal law are not only the right verbal expressions,but the objects of interpretation of criminal law. “The aim creates all the laws.” Thus,interpretation of criminal law should aim at protecting legal interest behind the clauses of criminal law. If there exists doubt on the interpretation of criminal law,it should enact within the framework of the principles of legality and on the basis of the aims behind the clauses of criminal law,thus to achieve the justice of punishment within the specification as much as possible.
When the trial procedures develop from roughness towards sophistication,the litigate system has become increasingly civilized. However,the inherent drawbacks of this system are also arising. Law justice and social justice are becoming more and more difficult to be represented by judicial justice,and people feel that justice seems to be increasingly out of reach. In this case,the mediation system naturally becomes a rational choice to remedy the shortcomings of the litigate system. The important ways and steps to realize the harmonious society and to satisfy the citizens’ requirement for “access to justice” in China include efforts to build an extensive system of social mediation,prelitigation mediation and pretrial mediation,which operates with the separation of mediation and trial.
The implied license of copyright is a subconcept of the implied license of intellectual property rights. Controversies exist in whether the implied license of copyright is the limitation of copyright or the contract of permission for copyright use. To ascertain the legal nature of the implied license of copyright,we should trace to its source,and compare with fair use,and contract permission. And based on declaration of will,the implied license of copyright and the license contract can be proven of the same nature,which leads to the conclusion that the implied license of copyright is a kind of legal act out of the copyright holder’s own free will,and also a selflimitation of the copyright holder’s right.
With the rapid development of society,increasing number of lawsuits are filed concerning the forming rights. In order to protect the judges,the courts usually reject or suspend considering such cases in the name of “No Stipulation in Explicit Terms”. However,to safeguard the legitimate rights and interests of citizens and to exert the function of law in maintaining social order,the court should decide whether or not to consider a case based on the interests of action. In method,the court should decide whether specific forming rights have any legal basis in terms of substantive law through law hermeneutics,right stratification theory and judgment about illegality. Institutionally,the court should establish effective case guiding system to guide the practice of judicial judgment and form a consistent judicial standard.
The deeply rooted spirit of the old revolutionary area in Sichuan was formed in the the new democratic revolution period. It focuses on Chinese people’s struggle for national independence and liberation in the twentieth century. Combined with the long history and culture of Sichuan,the spirit is of practical,national and theoretical nature and presents the spiritual and cultural characteristics as “to be brave and wise,to pursue truth and stay pragmatic,and to struggle with a united spirit to the end”. When promulgating Sichuan revolutionary spirit,we should improve the regional cultural soft power at the same time. On the other hand,the revolutionary spirit should be endowed with new connotation so that we can keep on explaining the new topics of the new era.
Imagination is considered as an instinct by Kant in his transcendental epistemology. As the cognitive transcendental factor,imagination is the intermediary between sensibility and intellectuality. It subjects to intellectuality to ensure the universal validity of knowledge. In aesthetic judgment,imagination is also the intermediary between concrete objects and intellectuality. However,it has much greater liberality which can make sure that beauty is a subjectively common psychological state rather than normative requirements for the objects. But imagination must be constrained by intellectuality so that people would not lose themselves in frenzy and blind faith. Imagination and intellectuality are in an unstrained and harmonious position. There is always a certain tension between them. Transcendental logic governs the concrete materials in imagination,thus guaranteeing the objectivity of knowledge,and the judgment of concrete objects is revealed by intellectuality through imagination,providing aesthetic judgment with considerable universality.
Seneca’s ethics reflects the characteristics of his times and has religious trends in it. According to the analysis of the reasons for the religious trends in Seneca’s ethics,we expound the main contents of his ethics which can be summarized as follows: he advocates that life needs to comply with destiny and “conquering the desires and pursuing kindness”,a morality theory with goodness as the end. He also holds the argumentation of “two nations”. These thoughts stabilized social governance of Rome at that time,promoted the emergence and development of Christianity,and pushed the development and spread of Roman historiography and Platonism. Also,the thoughts excavate the inner peace of people and encourage them to pursue a life philosophy of living according to nature,which can comfort the soul of modern people.
Under the existing refined oil logistics and distribution system,the cost of refined oil logistics and distribution keeps increasing,and this rigid cost growth has become the major obstacle to business improvement. In this paper,the authors discuss the reality and disadvantages of refined oil logistics and distribution in Sichuan Marketing Company of PetroChina. And then by calculus reasoning based on mature logistics and transport optimization model,and via reform of the institutional mechanisms and processes reengineering of refined oil logistics and distribution,we establish an optimized logistics and distribution system which double centralizes both the “depots and resources”,and can thereby reduces the cost of transportation,and improve the efficiency of distribution.
In the years of development in western China,resourceoriented industries and extensive economy have resulted in unreasonable industry structure and seriously hindered economy development in this region. As one of the western cities,Wuzhou is also troubled with some problems in the process of undertaking the transformation into more advanced eastern economic policies. On the basis of the analysis of the present situation of the electronic information industry in Wuzhou,this article points out the limitations during its development. Wuzhou failed to give full play of its regional advantage to form a diversified enterpriseoriented investing and financing mechanism. Another limitation is that the electronic industry has not reached the degree of agglomeration and has no industrial cluster effect. Finally,the author presents some advices aiming to resolve the dilemma of the electronic information industry development in Wuzhou.
With the development of society,public policy has become a way of as well as a tool for economic growth,system reform and state transformation. From the perspective of risk management,this paper,based on an outline of risk assessment of public policy in China,analyzes the realistic necessity of risk assessment of public policy and probes into its assessment process. On that basis,discussions on major concerns of future policy risks are made and then the authors provide suggestions on effective coping strategies of risks of public policy in China.
Adolescents are the backbone of the modernization of China and they undertake the important mission of promoting the future development and prosperous of our country. Urban village is a product of urbanization. With the rapid economic and social development,the education problem of urban village adolescents has become an important issue in social stability and settlement of this problem is vital to the development of our country. This thesis intends to figure out the problems concerning the urban village adolescents through the analysis of the current research status of the education problem of urban village adolescents and to explore methods to solve this problem through efforts made at the following four levels: state,society,school and family. The author holds that the urban village adolescents can be better educated through methods such as government supervision,social participation and university assistance and thus the strategies of invigorating China through science and education and reinvigorating China through human resource development can be fulfilled.
The establishment and development of villager autonomy system is a milestone in China’s political life and the progress of social development. Thus,it is incumbent to carry out an indepth research on villager autonomy system and draw lessons from the previous experiences. From the few thousand years of history of Chinese village governance,we can conclude that villager autonomy system is the result of the influence of western democratic ideology on China’s modernization and a fruit of China’s development into a powerful and an abundant nation. However,as China’s democratization road isn’t a smooth one,the final establishment of villager autonomy system is not only the choice of the state power in the face of legitimacy crisis,but also the choice of both the government based on cost and benefit analysis and the villagers based on political economy rationality.
Evidence discovery is an important way to achieve equality for prosecutors and defendants in criminal justice. Some countries such as the UK and the US have established a fully developed evidence discovery system,but studies on criminal evidence discovery system in China lags behind them. In recent years,appeals for establishing criminal evidence discovery system in China have become increasingly urgent. Many provinces have made exploration in practice,wihch has laid a foundation for the establishment of the system. China is to establish socialist criminal evidence discovery with Chinese characteristics as it has a good legislation foundation and rich experiences in practice,and it can learn from foreign evidence discovery systems. Feasibility studies of criminal evidence discovery system in China not only meets requirements of criminal justice reform,but also is conducive to the realization of equality of confrontation between the prosecutor and the defendant in criminal justice.
At present,administrative litigation is not categorized in China,which causes serious problems in overall safeguarding legitimate rights and interests of the administrative counterpart,in achieving procedural economy,and in settling contradictions between executive power and jurisdiction. There are various views and theories in Chinese academia about the categonization of administrative litigation. Among them the most favorable is the “threecategory” theory which takes litigation content as the criteria of categorization. According to the theory,administration litigation can be categorized into the following three categories: annulment of a specific administrative act,compensation for infringement of the lawful rights and interests of a specific administrative counterpart,and verdict of whether a specific administrative act is legal or not.
Mass incidents is a social problem much concerned by the government and judiciary. It is urgent to deal with crimes related to mass incidents. Criminal intervention to crimerelated mass incidents is the function of criminal law. In dealing with crimes in mass incidents,the criminal intervention should not only follow the general principles,but also adhere to the principles based on the specific characteristics of mass incidents. For example,to appropriately settle crimerelated mass incidents,it is important to follow the principle of legality and example setting,the principle of bearing responsibility solely for one,the principle of conviction according to evidences and facts only,and the principle of appropriate exercise of legal discretion when imposing sentences.
Wang Hua,a woman writer from Gelao Nationality of Guizhou,sticks to the position of native folks and concerns the survival of villagers in Guizhou in her composition. Homeland,one of her novels,is about metaphysical thoughts and expression attempts for highlighting the humanistic value of rural culture. In an obscure manner,Homeland displays the value of traditional rural culture through a series of clashes and comparisons of Ansha culture and the outside culture. In this novel,people from Ansha,who did not treasure their own culture initially,finally recognize the value of traditional rural culture,in the process of moving to the outside and suffering torture,and thus,resolve to protect their culture in a magical and desperate way. Homeland shows Wang Hua has successfully achieved metaparadigms in her expression of traditional rural culture. Its characteristics are democratic and equal expressions of local culture,with reference to the “local knowledge”,“interpretation of anthropology”,“semiotics” and other means of cultural studies.
This paper discusses the problems of formalism, bureaucracy, hedonism and extravagance in colleges and universities in terms of study style, effective administration, service consciousness and party spirit, providing a reference for the raising of awareness and the deep understanding of mass line campaign in colleges and universities. According to party secretary general Xi’s requirements of “cleaning up undesirable work style”, and the eight-point rules put forward by the CPC Central Committee, this paper also discusses the tasks of effectively promoting mass line campaign in colleges and universities, and defines its aims and lays a foundation for universities to organize effective mass liune campaign activities.
Finding out and verify the “four trends” problems (formalism, bureaucracy, hedonism, and extravagance) is an important preparation work in the party’s mass line education practice activities. In order to conduct the activity in an all-round way, the party committee of Southwest Petroleum University made a thorough investigation into the school’s prominent problems from nine aspects. Various ways and approaches were employed in the investigation. In the process of the investigation, the party committee designed various and effective patterns and methods of seeking advice with bottom-up and top-down methods combined. To ensure that the investigation result of “four trends” problems were accurate, the party committee sets the primary requirements, listed relevant responsibilities and conducted stringent supervision, carrying out the public satisfaction evaluation in the face-to-face and back-to-back way. Then they undertake a thorough cleaning up to the negative and insufficient attitudes and behaviors in education and administration work. The public satisfaction reached 97.9%, success in the first round of mass campaign has accumulated experiences for the second round of the mass line education practice activities.
This paper gives a description of the mass line education practice activities concerning working style in Southwest Petroleum University from the three aspects: problem finding, working style improving and reinforcing. Problem finding is the preparation work which lays a solid foundation; working style improving focuses on problem solving and is the key to the success of mass line activity; working style reinforcing emphasizes establishing rules and regulations and therefore guarantees the smooth progress of the activities. And we hold that mass line education and practice activities should aim to solve the prominent problems in response to the demands of teachers and students, in a manner of learn-and-improve, check-and-advance. It is also important to seriously consider and implement the abolishment, improvement and establishment of regulations at all levels so as to establish an honest and upright image of serving teachers and students, and to ensure effectiveness of the mass line education and practice activities in universities.
This paper describes the practice of democratic life in the first round of education and practice activity of the Party’s mass line in higher education institutions meetings. Four aspects: preparation before the meetings, criticism and self-critism during the meetings, advises given by supervision group on the issue of democratic meetings and solution of the problems after the democratic meeting. On the other hand, this paper concerns about what preparations should be done before the democratic meetings from such aspects as learning the essence of the documents, investigating and verifying the “Four Trends” problems, having sincere communication in depth, answering seriuosly to the demands of teachers and studetns. Meanwhile, in terms of the Party commitee and its members, the concrete manifestation of verifying the “Four Trends” problems is the efficiency of democratic meeting. Serious criticism and self-criticism, seeking truth from facts, analyzing deeply and speaking the truth during the democratic meetings guarantees approval by the supervision group. Finally, rectification and reform measures with clear target after the meeting are the result of democratic meeting of high quality.
The development of tort law has undergone the stages from retaliation to compensation, from single fault liability to all-round fault liability, and from absolute liability to relative liability and then to absolute liability again. Since the modern times, the statutory law emphasizes the importance of tort law in continental Europe; however, England and America have improved tort law based on the case law. In short, tort law has always played a role in restitution and in deterrence against crime, the major functions being different at different periods. At present, tort law centers on relieving victims and emphasizing compensation function.
According to criminal law, the motivation definition is based on the process and type of behavior motivation, and the behavior motivation features a connection to criminal intent. Experts hold different views about the substance of reasonable expectation which stress the element of responsibility, personality responsibility and plots respectively. Among them, the view that stresses plots is the most acceptable. By analyzing the formation and types of behavior motivation and reasonable expectation, we found that there are close connections between behavior motivation and reasonable expectation. Namely, behavior motivations affect conviction and measurement of penalty by way of reasonable expectation. In general, behavior motivation can result in remission of conviction, but there also exceptions that can result in exoneration of conviction.
As a marketable system of virtual image, apparent agency causes the lack of information and forms barriers to communication between the principal and relative person, and therefore, brings about great risks. Through an analysis from the perspective of economics and law, we determined that among three parties of apparent agency, the major obligations of preventing risks lie in the relative person. And by Hand formula, it is possible to measure the extent to which the relative person takes his obligations. What’s more, to realize the regulation of apparent agency, the principals and good-intended agents need more self-discipline, and government departments concerned should further improve market circumstances.
The cultural turn of philosophy of technology is driven by the development of high technology, postmodernism, historicism of philosophy of science, and social culture. The context descriptivism and normative determinism are both accesses and methods of cultural turn for philosophy of technology. The cultural turn gives a new paradigm of philosophy of technology and broadens the research range of philosophy of technology. The cultural turn of philosophy of technology innovation will contribute to the construction of a resource-efficient and environment-friendly culture, and to the integration of economic, ecologic and humanity value of technology innovation.
There are many literary families in the Wei-Jin and Southern-Northern Dynasties, of which the Xie Clan of Chen Commandery has the greatest literary achievements and influence, especially in terms of their originality in poetry that other prominent families cannot catch up. To some extent, the theory of artistic conception in Chinese literature is formed through landscape poems, which were almost all composed by the Xie Clan. The representative of Chinese landscape poems was Xie Lingyun, a member of the Xie Clan, which was followed by Xie Tiao who inherited and developed landscape poems. During the Wei-Jin and Southern-Northern Dynasties, literary criticism standard was at the turning point from “strength of character” to “artistic conception”. When accomplishing the creation of landscape poems, the Xie Clan played a key role in the formation of the theory of artistic conception
This paper makes a review of the researches on the poetry creation by Lv Yuan, a poet of the July School, from 1940s until now. The author analyzes researches on the poet from different perspectives, such as the periodic study, the integral study, the interpretation from special angles and the studies in view of literary history. And analysis reveals that the researches involve Lv Yuan’s grades of poetry and personality, from which we can see the poet constantly went beyond his early year style in his poetry composition due to his poetic ideal, and the accumulation of years of life experience. A general survey of his life-time poetry composition reveals that Lv Yuan’s thought of the poetry “for the people” never stops. Therefore, by reflecting and exploring Lv Yuan’s poetry in view of literary history, we can better understand the value of his poetry as well as the deficiencies in researches on his poetry.
College counselors are a major part of the teaching faculties and administration personnel; they are the backbone of political education for college students. At present, the ideological and political education in colleges is faced with huge challenges brought by the diversity of college students’ quality and values. Thus it is urgent to construct a team of professionalized counselors. The construction and development of professional ethics is the precondition and important guarantee for counselors’ professional development. Through the analysis of the generating mode of counselors’ professional ethics, the author points out that the development of counselors’ professional ethics is driven by the urgent need for the construction of a professional team of counselors, the loss of individual counselors’ occupational values in the process of social transformation, and the urgent needs for the healthy occupational development of individual counselor. On this basis, this paper tries to explore a proper incentive mechanism fit for the formation of professional ethics of college counselors so as to promote the sustainable professional development of them.
The impact of information technology on social development is thorough and profound, and education circle is no exception. Our age has proposed new requirements to higher education as well as various possibilities to its revolution and development. Now is a turning point of educational informationization when infrastructure construction has made great achievements, and in-depth application, concept shifting and teaching reform are under way. Based on an investigation of student role in cyberspace in Southwest Petroleum University, we make an analysis of the teaching reform in petroleum universities in answer to the change of times from the viewpoint of informationization. By raising questions and proposing problem-solving ideas, we hope to provide a reference for the educational informationization in universities.
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.
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.
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.
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.
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.
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.