从行政法律视角浅谈我国电子政务发展

文章提出构建一个良好的行政法律法规体系,不仅能规范电子政务发展,而且会促进政府管理创新,还可以提高行政效率,降低行政成本.     

从行政法律视角浅谈我国电子政务发展

文章提出构建一个良好的行政法律法规体系,不仅能规范电子政务发展,而且会促进政府管理创新,还可以提高行政效率,降低行政成本。     

商事法律视野中的公平与效率——从一则人身保险合同纠纷谈起

法学界对于公平与效率的关系问题争论由来已久,许多学者从法经济学、法社会学等不同视角出发,探讨两种价值的关系及冲突的解决方法,但目前仍无定论.本文拟从一例保险合同纠纷出发,将视野从整个法律体系缩小至商事部门法,探讨此部门法中公平与效率的关系.     

论法律推理与法律论证

自20世纪六七十年代开始,法律论证理论研究在德国、比利时、荷兰、加拿大等欧美国家已成了热门研究领域.但在我国,其研究是一个崭新的研究领域,处于刚刚起步阶段.任何一个新领域的研究中划清其与相关领域的界限是开展研究工作的前提,能否划清法律论证与法律推理的界限不仅关系到法律论证理论研究的前途,还关系到能否建立起科学的法律方法论研究体系的建立.虽然法律论证的研究引起了很多中国学者的关注,法律论证与法律推理的关系的解读还是处于一个模糊地带,文章对两者之间的关系做出了探索性的解读.     

法律移植与刑事非法证据排除规则

法律移植概述 一、法律移植界定 法律移植是指在鉴别、认同、调适、整合的基础上、引进、吸收、采纳、摄取、同化外国法,使之成为本国法律体系的有机组成部分,为本国所用。     

试论法律推理中的不确定性

法律推理是司法实践中一种重要的逻辑方法,使法律在有序的状况下适用。法律推理中遇到的最大障碍是法律概念的不确定性,必然会导致法律适用的随意性。解决这一问题的方法就是最大限度地确定法律概念的内涵和外延,使法律处于明确和有序的状态。具体措施是使形式法律推理和实质法律推理相互依赖、相互作用,共建司法公平、正义。     

大学生法律素养的培育探究

在当前实施依法治国、加快社会主义法治建设的过程当中,大学生作为未来法治社会的主体,其法律素养如何,将直接影响我国依法治国方略的实现和全面建设小康社会的实现。努力培育在校大学生的法律素养,增强其依法办事的自觉性,成了高校教育工作者的重要课题。     

从法律激励看中国法律文化传统的继承

通过分析我国法制史,可知我国古代法律也曾占据统治地位,其国际影响力处于顶峰状态。但当代中国在法律学语言表达、组织、法律管理体系等方面已经逐渐与其他资本主义国家趋同化,导致在我国法制主导权逐渐丧失。鉴于此,有关部门应当对这一现状开展研究,促使我国在法制建设方面能够取其精华去其糟粕。本文将基于法律激励的角度,对中国法律文化传统的继承展开深入分析,希望能为相关法律工作者提供有用的参考意见。     

大学生法律素养的培育探究

在当前实施依法治国、加快社会主义法治建设的过程当中,大学生作为未来法治社会的主体,其法律素养如何,将直接影响我国依法治国方略的实现和全面建设小康社会的实现.努力培育在校大学生的法律素养,增强其依法办事的自觉性,成了高校教育工作者的重要课题.     

植入式广告的法律规制

在植入式广告迅速发展的今天,我国却没有对其规制的法律法规,使得植入式广告处于尴尬的地位,对其发展极为不利。从植入式广告的概念、目的出发,分析植入式广告的法律地位,结合植入式广告的特点进行法律规制和引导,促进植入式广告的健康发展。     

Wall base ventilation system to treat rising damp: The influence of the size of the channels

One of the major causes of pathologies in our historic buildings is the presence of moisture, particularly rising damp. Since these constructions tended to be built near water lines, to facilitate their supply, and because their walls are mainly made of high porosity materials, the presence of rising damp is constant. Although many historic buildings in Portugal have already been the targets of interventions to eliminate pathologies, the fact is that it has not been possible to do it properly. The treatment techniques available nowadays are quite diverse but all of them have low applicability to historic constructions. Research has been carried out, in this past years, at the Department of Civil Engineering of the University of Coimbra in collaboration with Department of Civil Engineering of the Faculty of Engineering of the University of Porto to try and solve this problem. An old but poorly studied technique has been investigated experimentally and numerically in the past few years: ventilation of the base of the walls. It was experimentally validated to limestone walls 20 cm thick. Numerical investigation has been carried out in order to analyze the influence of different parameters on its efficiency. In this paper we present the results of the latest investigations that have been carried out about the influence of the size of the ventilation channel on its efficiency.     

Speech genres and cultural value in the Anglo-American public speaking course as a site of language socialization

Speech genres have a significant role in socializing children and adults not only to speak in culturally appropriate ways but also to present desirable identities. We analyze narratives of self-transformation collected in an undergraduate public speaking course in the United States to learn how the acquisition of public speaking as a speech genre contributes to U.S. students’ language socialization. Our study contributes to two traditions of intercultural communication research, one interested in the context-bound, culturally situated character of Anglo-American speech, and another that seeks to explain how local communication resources, including speech genres, travel across cultural boundaries.     

An Economic Analysis of the Droit de Suite

The droit de suite, or resale royalty right, entitles an artist to a percentage of either the price received when her works are resold by their owners. This paper analyzes the effect of this law on the artist's production when early and late works are either substitutes or complements. By giving the artist an interest in the resale price of early works, the royalty provides a credible incentive to maintain value when later production decisions are made. Since the initial sales price capitalizes the stream of future values, the benefit of higher resale prices accrues to the artist.     

The Other Side of the Subsidized Muse: Indirect Aid Revisited

Indirect aid to the arts is an area of state support in which there has been considerable recent innovation and experimentation. This paper focuses on examples of tax-based indirect aid schemes drawn from a wide variety of national contexts and tax regimes. These examples are considered in the light of six propositions about the applicability and desirability of tax-based indirect aid mechanisms. Finally, these observations are set in the context of the broader discussion concerning the primary and ancillary functions of tax law. The paper concludes with a plea for a more coordinated approach to the study of tax-based incentives to facilitate further comparative research and suggests which research questions might be of most interest.     

A web information system for the management and the dissemination of Cultural Heritage data

Safeguarding and exploiting Cultural Heritage induce the production of numerous and heterogeneous data. The management of these data is an essential task for the use and the diffusion of the information gathered on the field. Previously, the data handling was a hand-made task done thanks to efficient and experienced methods. Until the growth of computer science, other methods have been carried out for the digital preservation and treatment of Cultural Heritage information. The development of computerized data management systems to store and make use of archaeological datasets is then a significant task nowadays. Especially for sites that have been excavated and worked without computerized means, it is now necessary to put all the data produced onto computer. This allows preservation of the information digitally (in addition with the paper documents) and offers new exploitation possibilities, like the immediate connection of different kinds of data for analyses, or the digital documentation of the site for its improvement. Geographical Information Systems have proved their potentialities in this scope, but they are not always adapted to the management of features at the scale of a particular archaeological site. Therefore this paper aims to present the development of a Virtual Research Environment dedicated to the exploitation of intra-site Cultural Heritage data. The Information System produced is based on open-source software modules dedicated to the Internet, so users can avoid being software driven and can register and consult data from different computers. The system gives the opportunity to do exploratory analyses of the data, especially at spatial and temporal levels. The system is compliant to every kind of Cultural Heritage site and allows management of diverse types of data. Some experimentation has been done on sites managed by the Service of the National Sites and Monuments of Luxembourg.     

Learning-by-Consuming and the Dynamics of the Demand and Prices of Cultural Goods

The major distinctive feature of cultural goods is that consumers must learn how to consume them, implying that preferences should be modelled as intertemporally dependent. The canonical model in the literature uses a habit formation analogy. In this paper, we discuss in detail, though in the simplest setup, a consistent preference structure for that model. Then, we derive the implications for the dynamics of two aggregate equilibrium models, a fixed price model and a flexible price model. The learning-by-consuming behaviour is characterised by a preference structure displaying bounded adjacent complementarity in the demand for the cultural good. This implies that there will be short run complementarity between the stocks of culture and financial wealth and that the adjustment of the demand for cultural goods, or of their relative price, will have some inertia. In the exogenous price model, we find that increases in income will raise the long run demand for cultural goods while increases in the relative price will decrease it. In the endogenous price model, an increase in the supply of cultural goods will imply an initial undershooting of the price of cultural goods followed by an upward transition process. Our results seem to be consistent with the empirical results on the demand for cultural goods and seem to offer an explanation for the Baumol and Bowen paradox.JEL Classification: Z1, E21Earlier versions of this paper have been presented at the 1st Conference of the Sociedade Portuguesa de Investigação em Economia (SPiE, 1997) and at the Xth Conference of the Association for Cultural Economics International, 1998, Barcelona.     

The structure of the American book publishing industry

This paper investigates several structural elements of the American book publishing industry in order to resolve two conflicting viewpoints advanced by publishing figures regarding intra-industry competition. The evidence presented indicates that the minimum optimal production scale (0.30 to 0.70 percent of industry's employment) is too small to obstruct entry, to preclude the existence of a large number of publishers, and to foreclose from it a high degree of competition.     

A History of Universalism: Conceptions of the Internationality of Science from the Enlightenment to the Cold War

That science is fundamentally universal has been proclaimed innumerable times. But the precise geographical meaning of this universality has changed historically. This article examines conceptions of scientific internationalism from the Enlightenment to the Cold War, and their varying relations to cosmopolitanism, nationalism, socialism, and ‘the West’. These views are confronted with recent tendencies to cast science as a uniquely European product.

论新时代北京全国文化中心建设

全国文化中心是北京重要的首都功能.新时代北京全国文化中心建设是中国特色社会主义伟大事业全局和中国特色社会主义进程的关键一环,可以把首都北京建设成为中国特色社会主义先进文化之都、中国特色社会主义创新发展之都、中国特色社会主义对外开放之都、全球文化中心城市.以习近平新时代中国特色社会主义思想为指导,建设中国特色社会主义先进...