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谁主张,谁举证;谁指控,谁举证! 2019-05-30 15:53:53




         谁主张,谁举证,谁指控,谁举证

 

张谁举证就是事人自己提出的主提供据并加以明。

 

什么是法律上可的据,和个不用说了吧?

这不仅是法制社会的基本文明,也是一个有文化程度人不人云亦云,理性的表现!

 

 

我最近由于参与了有关“市场换技术”的讨论,用自己工作中的实例做说明,我对我自己的看法,用举证和案例做出说明,我并没有对别的网友的观点加以评论,只是希望对方也可以举证案例,说明他们的观点,因为以为我多年的经验,有些观点和看法,在现实的操作和实施层面上是说不通的,这里与基本的常识和逻辑相违背!


我的观点很简单:“强迫交出技术”和 “强迫技术转移”,首先需要弄明白的是,被强迫交出的技术,被迫转移的技术,谁交给谁了?如果外资都是交出方,谁是接受方?接受方肯定不是中国政府,因为政府不是公司,如果是被迫转移给中国公司了,那就是商业行为,商业行为在具体的操作层面,美国公司都是有严格的程序的,即使是CEO很多的事项都无法自己决定,不仅有董事会的表决,而且美国的上市公司都受SEC的监管,SEC对公司有损投资人和小股东利益的事的法律惩戒是非常严的,高管是可以做牢的!中国政府是怎样让成千上百的外资公司的高管们,在不合理的情况下,交出公司的最核心竞争力的技术的?

 

所以我用的工作经验与案例说明,但是,被叫海叔的网友骂成是做投资都是凭直觉,他对我举的案例完全看不懂不奇怪,完全不能理解这个不奇怪, 他对美国公司的架构和管理程序完全不理解,他对SEC监管力度的强悍完全没概念,这个都不足为奇!但是,在今天的商业社会,把投资这样一个专业的行业污蔑成是凭直觉在做,在今天的社会,如果认为心脏科医生,是在凭直觉在给病人做心脏手术,这样的人和文盲有区别吗? 这样的言行是否有损医生行业的商誉?

 

“文盲”没有错,错也不在你是否文盲,但是“文盲”在网络上夜以继日的对别人进行人身攻击,在网上对别人的工作,职业的诽谤,造谣同样是非法的行为。


很多人以网上人风险小,但是网上的人身攻击诽谤造谣,甚至骚扰同样是不被法律允许的,美国近两年对网络上的人身攻击,诽谤造谣的判例越来越多,对此类的法律事件,越来越被深痛恶绝!欧洲也是如此!


在现实里,你如果对律师,医生的职业/和商誉诽谤,造谣,是有法律后果的!

 

近日来,海叔博更是发展到在,只要跟任何与他观点不同的网友吵架,竟然每次都把我骂进去,就是因为我跟他的观点不同,就要对我的工作加以污蔑诽谤,直接的造谣!

 

 

上网交流,以文会友,有的人网上多少年如一日,从来写不出像样的文章,观点交锋,全靠谷歌,知之为知之,不知谷歌知,但是谷歌只知点,无法给你展开谈相关的知识面,所以,上网混的要小心,谷歌非人类,智商如机器,蒙事时常有,后果很严重!

用谷歌翻译的英文,所以对他自己贴出来的文章,理解反了,闹出不少的笑话,被网友指出来后,暴跳如雷,这样的暴跳有什么意义呢?暴跳是一个人无能的表现,也是一个人无自信的表现。

 

 

你造谣,诽谤后的删帖行为,说明你心虚!

 

但是,我都已经取证!




 

 

 

 


















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How to engage with China more constructively 2019-05-29 04:47:54




How to engage with China more constructively

  • Published on May 28, 2019


Peggy Liu

       

Peggy Liu

Peggy Liu, Chairperson, JUCCCE May 26, 2019


No person is perfect, no country is perfect. This is not a comparison of who is more perfect. It's some insight into how 2 imperfect entities can understand and engage better with each other.

China is not the China of 30 years ago. The country is changing so fast, it's a new country every 5 years. Please, be patient and remember how long it took the West to develop. China is doing the same, rebuilding in short decades. Picture a land that was devastated and really just started rebuilding in 1990. The first supermarket in 1990! It's developing basic legal capabilities from scratch. Rule of Law classes were started in 2017 at government academies. It's in rapid prototyping mode- try/fail/learn/try/fail/learn- at country scale.



It was a baby learning to crawl. Now it's a lanky teen, whose parents don't quite understand it. But it's quickly coming into its own by observing and interacting with the outside world and deciding what aligns with its own context and values. Loving, constructive input, rather than nagging put-downs is what this teen needs most.

No alt text provided for this image

"China is changing at giga scale and giga pace."

The slang, the food options, the dress style, the access to international travel, the thriving cybercontent... is all changing the sensibilities of the Chinese people. Engaging with Chinese citizens at a cultural exchange level is the best way to "change China" and bring it towards Western sensibilities.


China is a very diverse country of 7 markets and 55+ minorities, and it's changing all the time. It's hard for even Chinese people to keep up. Rather than view it as a single entity, view it as the European Union, just managed centrally.


It's not really "Communist" anymore- in the way Westerners have a knee-jerk reaction to that word. A high level Ministry of Finance official once told me China is run more like a multinational corporation. Like IBM or GE. The government is led by people with Masters degrees in engineering and economics. These are "techonomist" leaders who think long-term and systematically. It is super aware of its shortcomings and vigorously debates them domestically. It welcomes solutions presented constructively, in private settings.


The best way to address this is through its educational system for government. They have a minimum mandatory 12 day training for anyone in government. I've taught over 1000 mayors and central government officials at 3 of the 8 official academies teaching the first classes on ecocities. Many overseas experts have come in to help present solutions, have open conversations about where China is in its stage of development, and open up opportunities for collaboration. With collaboration, has China been able to learn and leapfrog. Now, China is starting to share its learnings with the rest of the world.

China's mandatory government training each year helps with harmonious development across all regions in an era of great change.

My suggestion for other countries is to cooperate on the ground in China to build towards the behavior you want to see in China. China wants to be better. It does that by researching best practices and seeking out top international experts for private dialogue. Shouting at it in public and pointing out weaknesses today does not help it get better for tomorrow. The best way for governments and private companies to help improve China's international engagement is to leverage its educational system (workshops, vocational and compulsory) and international advisory boards.



A great example is how Lawrence Berkeley National Lab worked for years with the Chinese government on reducing heavy industry energy emissions. This single collaboration has had tremendous impact on how China has been able to (almost) halt emissions growth. The UNEP says China is one of the few major economies on track to meet its Paris target for reigning in carbon dioxide emissions by 2030. International company CEOs vie to be part of the Shanghai and Beijing mayors advisory councils. Even at the highest level, the State Council, China relies on a heavy-weight international advisory council to help it critique its policies and give suggestions for future country direction. This includes people like Director of Norwegian Polar Institute's Jan-Gunnar Winther on "Blue Economy." Which other countries actively ask for critique in that way?


The Chinese emphasis on "saving face" means it really doesn't help change things in China by critiquing it in public, or doing protests on streets. In private dialogues, over dinner and drinking, Chinese are very open and self-effacing. It's not that Chinese don't know there are issues, it is just trying to figure out how to get to a solution that works in the China context. Help it see a solution and they will jump on it with policies, investments, pilots at city-scale.

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Try to look at the need for different workflow and processes when you implement at the scale of 1.4b people. It's really different.

This also means that China can help technologies cross the chasm and get to economies of scale in a way that no other country can. This will benefit other countries by making tech affordable and accessible. From solar to electric cars to digital payments. The world will win if companies can figure out a collaborative way of working with Chinese companies rather than build a wall.

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Think about how your country/company can benefit from China's pouring billions of dollars into learning how to scale new tech? Marrakesh did. It was the first city in Africa to deploy electric buses, thanks to a donation of 50 buses by China, and a joint venture EV bus manufacturing plant that will produce 1000 buses a year for the African and European markets.

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But the size of population also means that crowd control is really important. I've been in situations where one person can setup bad behavior in a mob (anyone at a sports game experience that?) I live in Shanghai, with 26 million people. My two sons grew up here. I'm really, really concerned about safety. Luckily, I feel both free and safe in Shanghai because of the Chinese-style rules of behavior. The differences in how the East and West approach crowd control is related to how differently Chinese treat children, privacy and education. I liken it to parents keeping a safe space at home with teenage boys. I can relate to that. But I am super grateful that China is the safest country I've been to (which is probably around 40).



I definitely acknowledge that sometimes local officials execute national intentions too aggressively. It's learning and many of the solutions it has to invent from scratch. In these cases, I suggest experts give suggestions in the form of best practice whitepapers and work out solutions privately with key decision makers in capacity-building workshops on how to improve handling of what China sees as potential domestic threats. Instead of just expressing dismay, offer to help build capacity for legal and monitoring the way the Environmental Defense Fund does with pollution issues. This will work too for topics such as intellectual property and anti-terrorism interventions.




















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网络喷子的流氓语言鉴 2019-05-27 05:17:10




我来万维网时间不能算长,从注册以来,有时经常是几个月不来光顾

跟网友的互动一直是非常有限的,因为上网大多数时间,除了随手写些博文

几乎很少有时间浏览太多的文章。

 

 

所以,我从来不知道万维网有什么帮的存在,更不知道何时加入过任何的帮

 

 

但是,近日来,不断的被一个什么叫做海叔博的网友,,骂成什么黑帮,嘎子帮。。。。


据说,恰巧这人自己是嘎子帮的主要成员和干将,这样天天的自己打自己脸究竟为何呢?


毫无根由的造谣,诽谤,骂别人是流氓的,这只能证明你自己的流氓本性,和你无知无耻的本色!


 

 

海叔骂我是流氓的证据.png


 

 

海叔骂我是嘎子帮黑帮.png


海叔骂我是嘎子帮黑帮.png

 

更离的是,极尽造谣诽谤之能事,他竟然能造出,些无耻的言

 

 

海叔骂嘎子帮是太监.png

 

一个人造谣无耻可以到如此的地步,你这里编造的所有这些话, 我什么时候说过? 在哪里说过?

 

你如果拿不出来任何的证据,你拿不出我的任何的原话是这样说的,你就等于你当着万维网的网友承认你就是一个公开撒谎造谣,在网上寻衅挑事的疯狂无耻之徒!

 

 

你跟男网友吵架,你每每的把我一起攻算是什么男人










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