the key elements of china business law是什么

有哪些啊。。
09-10-13  匿名提问 发布
1个回答
时间
投票
  • 0

    yu跳跳

    (孙立平) is a professor in the Sociology Department of Tsinghua University. He was also the PhD superviser of Xi Jinping, the current vice-president of the People’s Republic of China and probable successor to President Hu Jintao. Professor Sun’s main research area is modernization and transitional sociology. He wrote the following post on his sociology blog on Feb. 28. It is being widely read in the Chinese blogosphere, and has appeared in major news websites such as Netease and Southern Net.

    The entire post has been translated by CDT’s Linjun Fan. Please click here to read Part I. Here is the second section:

    7. People’s sense of social belonging and cohesion are declining rapidly. The State lost several billions in the CCTV fire accident. However, many people gloated over it on the Internet. There was no sadness or sorrow. This gloating sentiment reflects an unspoken pleasure. Some said that it reflects people’s indifference. Some said that our nation has fallen beyond rescue. Some asked those who gloated over the accident whether it ever came to their mind that they have a share in the billions of assets destroyed in the fire, since CCTV is owned by the state. I remembered that many people wept on street after a large fire accident took place in Shenyang in the 80s. So the reason is not that the Chinese people are ill-natured. What is the real problem? It is that people have lost their sense of belonging in the society. They cried in the Shenyang Fire because they felt that what was destroyed was “ours.” However, in the CCTV fire incident, some people said, let the billions of assets be burned, since it will be eaten away by officials anyway. Some even said that they felt bad that lots of water was used to put out the fire, since we are suffering from drought. These opinions reflect a sense of alienation among many in the public. They feel that the assets belong to “them,” instead of “us”. The psychological alienation reflects a structural alienation [in our society.]

    7、社会认同和社会向心力在急剧流失。正月元宵节央视一场大火,损失达几十个亿。然而,网络上一片幸灾乐祸之声。没有悲伤,没有痛心。幸灾乐祸中透露的是某种难以言表的快意。有人说,这表明了人们的冷漠;有人说,我们这个民族没救了;还有人问,那些幸灾乐祸的人就没想想烧掉的几十亿当中也有你的一份啊(央视毕竟是国有资产啊)?这让我想起大约是80年代沈阳(?)的一场大火,当时许多人站在大街上痛哭失声。用国民性来解释说不过去吧?!问题在哪里?在对我们这个社会还认同不认同上。在沈阳大火中的痛哭失声,是他们感觉被烧掉的是“我们的”;而在这场央视大火中,有人这样说,几十个亿烧掉就烧掉吧,不被烧掉也会被吃掉。这里的吃喝当然是指公款吃喝。还有人说,心疼的是救火要用掉多少水啊,现在天旱啊。在这些议论的背后,实际上是一种心理上的疏离感,即那些“东西”是“他们的”,而不是“我们的”。心理的疏离是结构性疏离的反射。

    8. The society has lost the ability to think ahead to the long-term. The interest group that formed from the combination of power and money just focused on the present. They don’t have either a sense of responsibility that ancient emperors felt towards future generations, or an aristocratic spirit of detachment and transcendence. In our society, there is a tendency to exaggerate short-term problems and ignore long-term ones. We are extremely nervous about the problems in front of our eyes, but have no sight on the issues that will impact our offspring and our long-term development. Getting drunk when there is some liquor available, this is our institutional behavior. We exhaust our reproductive capacity in resources and the environment. We procrastinate systematic reform again and again. Handan [a small city in Hebei provonce] has changed seven mayors in ten years. A mayor’s average term nationwide is 1.7 years. The new administration needs to have a transitional period from the previous one and then needs to look for successors… Officials only care about power and the immediate distribution of interests. They don’t have much time for real business.

    8、社会失去进行长远思维的能力。在权贵资本主义上形成的既得利益集团又过于注重眼前,既无古代帝王对子孙后代的责任,有无贵族的超脱和超越精神。在我们的社会中,有一种倾向,即短期问题夸大症与长期行为麻木症并存。对于所有眼前遇到的问题,无一不草木皆兵;而对于关乎子孙后代、社会长远发展的问题,则一概视而不见。今朝有酒今朝醉,成为一种体制性行为。在资源和环境问题上的竭泽而渔,在体制的弊病上能拖就拖。邯郸十年换了七任市长,全国市长任期平均1.7年。新班子上马前半段是被“扶上马,送一程”,后半段则是寻找培养接班人。眼前的权力与利益分配就是一切,真正做事情的时间没有多少。


    9. Why are our anti-corruption measures ineffective? Those with vested interests are weighing their options: Which one is more threatening, corruption, or allowing the social institutional measures deal with the corruption? Anti-corruption measures have been very superficial in the past decades. They were mostly ceremonial, killing chicken to scare the monkeys, and failed to address the real problem. Although many people know the right tools to counter corruption, they refrain from adopting them. For those measures to be implemented in a socially institutionalized way would be particularly threatening to the leaders.

    9、反腐败为什么不能有效进行?体现了从既得利益出发的一种权衡,即是腐败更可怕还是将反腐败的措施诉诸社会更可怕。这样的逻辑对于某一个具体的腐败分子而言,当然是成立的,但如果将其转化为一种体制性逻辑,问题就严重了。很不幸的是,上述逻辑远非是非体制性的。多年来的反腐败,基本停留在表演性和杀鸡儆猴的层面,而对于实质性的反腐败措施,尽管从上到下心知肚明,但一直没有根本性的推进,特别是将反腐败的措施诉诸社会,更是噤若寒蝉。

    10. It is a tiring effort to maintain vested interests. However, our society has put so much energy and resources into this effort. To safeguard vested interests, (the government) has to suppress freedom of expression. Just think about it, how much energy and resources have we used to suppress freedom of expression? To safeguard vested interests, the government has to take all means to try to avoid democracy. Please consider this, how much effort have we devoted in order to avoid democracy? How many excuses and theories have we devised for this purpose? To safeguard vested interests, we have to suppress the righteous expression of opinions from the public, which has caused numerous mass incidents. How much energy have we devoted to deal with the problems of mass incidents? To safeguard vested interests, we are afraid to take the anti-corruption measures which have been proven effective in other countries. Instead, we have to use these cumbersome and useless means characterized in the mass mobilization era. How many resources and energy have been wasted? Take in mind that it is difficult to achieve the double goals of maximizing vested interests and keeping the society operating steadily. Thus, we have a system that’s tiring. Many government administrators are exhausted. They carry a heavy psychological burden. More importantly, we will pay a high price in the long-term for the purpose of safeguarding vested interests. For instance, why are we criticizing universal values so fiercely? Which elements in universal values make us so indignant? Well, it’s nothing but democracy and freedom, because the two things threaten vested interests. Since it doesn’t sound good to criticize democracy and freedom directly, the government targeted the term “universal values.” In an era of a spiritual and moral vacuum, when even universal values have become the object of political attack, one can only imagine the impact [to the public morality]. But in order to maintain their vested interests, the government has to do so.

    10、维护既得利益是一件很累的事情,而我们社会把精力和资源过多地用到了这个地方。为了维护既得利益,不得不压制言论自由。可以想想,为了压制那些言论,我们用了多少的精力和资源?为了维护既得利益,就不得不千方百计想绕过民主这个坎儿。可以想想,为了不民主我们费了多大的劲儿,编造了多少理由和理论。为了维护既得利益,我们就不得不压制民众正当的利益表达,于是酿出了多少群体性事件,为了解决群体性事件就花费了多大的精力?为了维护既得利益,很多在其他国家行之有效的反腐败措施我们都不敢采用,为此我们不得不使用那些笨拙而无效的运动型办法,为此又浪费了多少的资源和精力?须知,要同时实现既得利益最大化和维护社会的正常运行这两个目标,是一件相当困难和费力的事情。因此,我们这个体制是很累的,管理者也是很累的,从体制到管理者的心理负担都很重。更重要的是,为了维护既得利益,我们这个社会要付出更深远的代价。比如,为什么要如此大张旗鼓批普适价值?是普适价值中的什么让我们大动肝火?说穿了无非是民主自由,因为民主自由威胁既得利益。但直接批民主自由又不好听,只能拿普适价值说事了。但在信仰尽失、道德沦落的今天,连普适的价值也成了批判的对象,结果是可想而知的。但为了既得利益,又不得不如此

    09-10-14 | 添加评论 | 打赏

    评论读取中....

精华知识
更多  
意见反馈 帮助