DOES CHINA NEED ANOTHER DENG?
Lance L.P. Gore - Research Fellow at National University of Singapore

When Jiang Zemin started to push for an all-out ‘three emphases’ (sanjiang) ideological campaign at the beginning of 1999, not only outside observers but most people inside China, including high-ranking cadres, were puzzled by the enormous energy and recourses the top leadership threw behind it, by the scope and the magnitude of the campaign, and by the ‘Yanan Rectification’-style methods used.

People are justifiably puzzled, for the campaign, which has by the time of this writing expanded from the center, from the provincial/municipal levels to county level party-state organizations, seems so far removed from China’s reality and so out of tune with the daily pursuits of the people in China’s bustling capitalistic market economy. The three emphases are on ‘politics, study, and moral integrity’ (jiang zhengzhi, jiang xuexi, jiang zhengqi). With all the ambiguities typical of the political language of the Chinese Communist Party (CCP), the ‘emphasis on politics’ roughly means to renew Marxist faith, to stay vigilant against any attempts to undermine the communist party rule and socialism, and to maintain the unity of the CCP and the authority of the party center. The emphasis on study roughly means to keep abreast with the developments of the world, learning new knowledge and technologies, and changing leadership style and methods accordingly. The emphasis on moral integrity means roughly to stay morally upright and be resilient against the corrupting influences of the capitalist world economy. The campaign consists of systematically engaging cadres full-time in protracted political study sessions, criticism and self-criticism, ‘confessions to the party’ of one’s own wrongdoings and reporting of others’ misdeeds, group assessments of progresses made by individual cadres, and topical discussions that supposedly lead to new political and ideological consensus and renewed revolutionary spirit. Continue Reading »

Congratulations LL.M. Class of 2008
We Are Almost There
Maritza Reyes

Some of my fellow LL.M. students have asked me to share my sentiments about our experiences at Harvard Law School. I am honored by their request and humbly comply. This is not a good-bye essay but an “until we meet again” message. First and foremost, I congratulate the LL.M. class of 2008 and our families for reaching this professional milestone. We share in this accomplishment with our loved ones who cheered us from afar or traveled to be here with us. We thank them for their patience, love, and encouragement. We also thank those members of the faculty and staff at HLS who went above and beyond their job responsibilities to make us feel welcomed. Thank you for the professional and respectful treatment that you provided to each of us. We also convey our appreciation to the J.D.s who demonstrated genuine interest in our perspectives and diverse backgrounds. Last but not least, cheers to the S.J.D.s who helped us to understand “the ways” of Harvard Law and the Graduate Program.
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到历史中寻找今天中国问题的根源
──余英时纵论中国近代史

普林斯顿大学历史学教授余英时说，国人的仇外心理有很多原因。只要跟外国人一发生矛盾，你必须毫不含糊毫不打折扣地仇外。如果你稍微说几句公道话，说外国人有外国人的道理，你不能不尊重外国人的习惯，那你马上就被看成“二毛子”、“汉奸”。这是中国一个传统。
中国近代史诸问题，如近代仇外心理的来源、中国早期外交与贸易方法、“八国联军侵略中国”、美国在中国近代历史事件中的作用和角色，以及关于中国教科书在中国近代史研究中的角色，在中国史学界和海外的中西方学界有不同的版本和解读。 Continue Reading »

 US media the last hurdle for China buyouts

… what if the transaction were a Chinese state-owned enterprise (SOE) offering to buy a US firm? How would US regulators feel about this? What rules would be invoked?

Robert M Kimmitt, deputy secretary of the US Department of the Treasury, has outlined the following three “triggers for policy reviews”. The first is whether the transaction will perpetuate “undesirable underlying macroeconomic and financial policies”. In other words, would the transaction operate “within the framework of sound domestic fiscal, monetary and exchange-rate policies”. The second trigger would be whether the transaction would have an impact on “financial stability”. The third possible trigger for policy intervention would occur when the transaction would take active control of a private company, especially if the company is involved with national security. Even if there are no national security concerns, the third trigger could be invoked if the buyer seeks board seats or unusual voting rights. The acid test is whether the transaction would be classified as a “passive” or an “active” transaction.

…

China Privately Held Businesses Top the World in Acquisition and IPO; Hong Kong is the Most Bullish in Cross-Border Acquisition

…mainland China has the highest number of privately held businesses expecting to grow through acquisition (67%) or IPO (60%) in the next three years, far above the global average.

[同一主题，请参见怎样撰写文献综述。]

文献综述与学术谱系

作者：熊易寒《读书》2007年第4期

　　在很长一段时间里，国内学术界都不太重视文献综述，一篇论文写下来，往往只有对他人观点的零散引用，而缺乏对研究现状的系统梳理。近年来随着学术规范的逐步建立，这种情况有所转变，至少学位论文都有文献综述了，但总体水平仍不敢恭维，大多数综述都是罗列式的，报幕似地把相关研究一个一个列出来，丝毫感觉不到这些文献之间存在任何内在的关联，甚至也感觉不到这些文献与作者本人的研究有何相干——仅仅是因为同主题，或者仅仅是为了遵守学术规范?这样的综述机械、突兀，有生拼硬凑之嫌，称之为“伪综述”亦不为过。

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[同一主题，请参见写作法学论文的常识]

中南财经政法大学的网站上给出了一系列论文选题，是难得的”糟糕的法学论文选题”的范例。换言之，若问“什么样的论文选题要不得”，看看这个单子里列出来的题目，就大概明白答案是什么了。

哈佛法学院的Einer Elhauge教授曾为学生撰写一简明论文选题指南，强调“论文必须有一个中心论题（thesis），亦即一个对“你到底要说什么”的回答。中心论题基本上是论文作者要让读者读完论文后要接受的主张。要是还不知道要让读者接受什么，那就不该动笔写。” 指南还对糟糕的论文选题作了不留情面的批评，恰好可用来评价不少”糟糕的法学论文选题”。

Most students make the mistake of researching and writing without a thesis. Instead, they launch into a paper by describing their research. Typically, they do something like this. Part I describes the issue or the industry or provides some other general factual background. Part II describes the caselaw. Part III describes the scholarly literature. There is no structured progression through the parts. If the reader has not yet fallen asleep, then, in Part IV, the reader starts seeing some arguments about what the law should be. An especially attentive reader may even find a few sentences buried near the end of Part IV that actually contain a thesis. Usually, however, there is no clear connection between this thesis and the prior discussions. The reader by now has a great big headache. So does the writer, because she wrote without a purpose in mind, and thus spent enormous amounts of time researching and writing about issues that were not in fact logically related to her thesis.

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谢韬：共产党组织转型的思考

（谢韬，中国人民大学前副校长）

      中国共产党的现行规章制度，源于列宁的布尔什维克党和第三国际，现在，到了进行全方位的反思和革新的时候了。

      一、从“先锋队“到开放型政党

      十六大修改的党章，在容纳了“三个代表“思想后，向“其他社会阶层“（包括资本家和食利者）打开了大门，但是又没有放弃列宁“无产阶级先锋队“的提法。

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证监会首罚老鼠仓 加大对基金经理管理力度

基金业进入冬天：一季度亏损6475亿

作者：严钰

网络版专稿 记者 严钰 面对A股市场巨幅下跌的系统性风险，基金公司也没有避风港。4月22日，58家基金公司的346只基金2008年一季报披露完毕。除QDII产品外的 342只公募基金，今年一季度总体巨亏6474.99亿元，超过八成基金出现亏损，资产管理规模缩水至24750.44亿元，股票仓位降至74.68%。 Continue Reading »