行政垄断可诉性问题之再探讨

行政垄断是行政权力对于市场竞争的一种非法排除、限制,其实质是一种非法的国家干预行为。因而,行政垄断的可诉性关系到国家干预行为应否被诉、司法机关能否审查等基础性问题。在制度层面上,不论是反垄断法还是行政诉讼法,对于行政垄断的可诉性问题均未予以很好解决,行政垄断争议接近司法困难重重。行政垄断可诉性之充分实现,通过修改行政诉讼法应是最佳途径。     

A push to cycling—exploring the e-bike's role in overcoming barriers to bicycle use with a survey and an intervention study

In Norway, as in many countries, there is a political goal to increase bicycle use. The electric bicycle (e-bike) is a promising tool for achieving this goal, given the hilliness of the country. However, little is yet known about the deterrents of cycling in Norway in general, and in particular how the purchase of an e-bike could be stimulated.

In the current study, 5500 respondents from a convenience sample among car owners were asked about their perceptions of bicycling in general, and of e-bikes in particular as well as their willingness to pay (WTP) for an e-bike. Randomly selected participants (N = 66) were given access to an e-bike for a limited time (2 or 4 weeks). A second questionnaire captured the same perceptions and WTP post-intervention. The results were compared with a control group (N = 214).

The results showed that those who cycle the least were most interested in buying an e-bike and that prior knowledge of the e-bike corresponded with a higher desire to buy one. Pro-environmental values did not predict interest in e-bikes, neither did norms and attitudes toward cycling. The WTP for an e-bike increased after having experienced the benefits for those who used an e-bike compared to those who did not. Price reduction of the e-bike (e.g. VAT exemption), spread of knowledge among the wider population, and actions to offer an e-bike experience may therefore be effective strategies for further expansion of the e-bike in the transport system and thereby to increase bicycle use in Norway.     

Structuring an effective human error intervention strategy selection model for commercial aviation

Flight safety cannot be compromised. Thus, commercial airlines should constantly develop safety management strategies to mitigate the diverse hazardous factors in flight operations. Given the constraint of organizational resource, a commercial airline may not have sufficient resources to implement all the necessary strategies simultaneously. This study uses a well-structured process to develop a qualitative evaluation model that will enable airlines to identify human errors and select an intervention strategy with the highest success potential. To clarify the decision problem, the Human Factors Intervention Matrix framework is utilized to construct the decision hierarchy. The Analytic Hierarchy Process is then used to attain the priorities of potential alternative strategies for various unsafe acts. Finally, Zero-One Goal Programming models are formulated to select an optimal portfolio based on the specific target and the available organizational resources. An empirical study is presented to illustrate the application of the proposed model. According to the results of the combined model, an optimal portfolio, including the intervention approaches of organizational/administrative, human/crew, and operational/physical environment, can remediate four unsafe acts, namely, decision errors, skill-based errors, perceptual errors, and violations, under resource constraints of the organization.     

基于碳排放的闭环供应链政府奖惩机制研究

温室气体的排放问题已成为国际社会亟待解决的问题，解决这一问题的必由之路就是通过降低产品碳排量实现从源头上减排。本文研究由一个制造商和一个零售商组成的逆向供应链系统，建立了政府实施回收奖惩机制的动态博弈模型，比较分析了有无政府回收奖惩机制两种情形下零售商的回收比例、供应链参与方的期望利润和产品的碳排放总量。研究结果表明，政府回收奖惩机制提高了回收比例和碳减排水平；当再制造减排程度较小时，政府回收奖惩机制降低了碳排放总量；基于消费者低碳偏好的政府回收奖惩机制提高了制造商和零售商的利润，更大程度的降低了产品总碳排放量；政府回收奖惩机制下较小的目标回收率能够最大化零售商利润。     

Government intervention,sectoral productivity growth and structural transformation

This article examines the long-term impact of government intervention and sectoral productivity on structural transformation. We construct a multi-sector Dynamic General Equilibrium model that explicitly incorporates government intervention as a force of structural transformation. The government affects the economy through taxation and lump sum transfers. We show that in the steady state, a reduction in the tax rate and an increase in sectoral productivity will decrease the agricultural employment share, and when nonhomotheticity of preference is strong enough, these changes can also increase the share of services employment.     

Governing the Palm-Oil Sector through Finance: The Changing Roles of the Indonesian State

By analysing the different roles of the Indonesian state in arranging finance schemes for palm-oil development since 1945, this article aims to answer two questions: What are these roles? And to what extent have they prioritised or balanced economic growth, social equity, and environmental protection? We conclude that the state has never been absent from the palm-oil industry but has had different and changing financing roles that are historically contingent and shaped by the evolving economic and political landscape. Furthermore, these roles reflect Indonesia’s priorities of achieving economic growth through palm-oil development, furthering social equity, and, recently, promoting environmental sustainability.     

Context-Sensitive Access Control Model for Government Services

During the past two decades, e-government information systems have become less paper-based and more computer-based. Those information systems usually take the form of workflow systems. Due to the large social impact of e-government systems, computer security plays a pivotal role in ensuring its efficiency and effectiveness. Access control is one of the key aspects of computer security. Current access control models do not take into account the context of the system and its environment. In this article, we argue that a formal context-sensitive access control model can improve the development of e-government workflow systems and present a particular context-sensitive access control model. The subject of the article is a specification of the context-sensitive access control model for business processes (COBAC). By using a context-sensitive access control, it is possible to define more sophisticated access control policies that cannot be implemented by existing access control models. The COBAC's context is modeled using Web Ontology Language (OWL) in order to provide formal representation of context, rich representation of diverse contextual information, semantic interoperability between various context-aware systems, and a high degree of inference making. The presented model is applicable in different e-government systems, and supports the definition of access control policies for both simple and complex business processes. The model's prototype is verified by a case study on a real e-government business process—the national petty offense trial proceedings.     

和谐理念下的中国古代民事审级制度

虽然中国古代司法隶属于行政，重刑轻民，民事案件基层自理，但在宇宙和谐理念的指导下，基于中央集权的需要，皇帝作为最高审判者，确立了逐级上诉、无限审级的完备的民事审级制度。和谐理念下的古代民事审级制度对完善中国现行的审级制度具有一定的借鉴意义。在设立审级制度时必须考虑到中国的经济体制，司法独立状况以及社会的整体环境。     

Students' Characteristics and Performance in Economic Statistics

The vast majority of studies in college economics have dealt with the introductory principles course. In one of the rare research projects dealing with other courses, Professor Cohn attempts to identify factors affecting student performance in economic statistics. He considers such variables as grade point average, graduate vs. undergraduate status, major field, sex and credits in economics, mathematics and statistics. There are a few recognized limitations to his model, but the reader will find some of his results to be surprising indeed.     

论日本早期现代化进程中政府的干预作用

国家干预经济的本质在于补救持续的制度供给不足,关键在于使经济发展中不断出现的问题得到解决和制度不断更新.后发国家中国家干预可以发挥更大的作用.19世纪后半叶日本从封建落后国家迅速改变为新兴资本主义国家的进程中,目标明确、手段有力、措施正确的国家干预,是日本获得成功的各种因素中的决定性因素.