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非常详细的文科Essay写作攻略

2019-07-05 17:35:06 | 日記
对于学文科的留学生来讲,写好Essay是非常重要的,因为Essay在文科的成绩中占比非常高。所以,大家要是写好Essay的话,那么这门课的成绩就不用愁了。当然,文科类的Essay并不好写,所以下面就给大家带来一份非常详细的文科Essay写作攻略。

基本操作

required reading是老师会根据当周的内容提前布置给学生的;

recommended reading是老师会建议还有余力的学生去读的;

reference是指写一篇论文引用的文章出处;

peer-reviewed article 是被学术大拿引用过的文章,也是老师们最建议大家使用的;

citation或bibliography 是写reference的格式。

为了让整个步骤更清晰,我会以2000词的讨论Is the term toxic masculinity useful for thinking about issues of gender and power为例子。(如果没有看懂不要慌,我们写论文的任务就是去搞懂这个话题以及给出自己的观点)。

Essay写作准备:

每周的required reading大家一定要读。你们要写的那一周的topic,我建议把recommended reading也读完。根据我的例子,我会把讲toxic masculinity的reading都读完然后画出我可能会用的段落句子。例如,toxic masculinity的定义,toxic masculinity如何影响到性别的关系等等。

在时间上我建议至少留出2-3周的准备(比如5.1号要交一篇,基本上4.10就要开始准备了)。

关于材料准备,每一次老师都会提前提出reference的个数要求。我的建议是如果你们在收集到老师建议的reference个数的时候已经能写出文章的话就没有必要再找了。但是,如果你们不确定的话是可以继续找的老师们不会因为reference太多而扣分的。在找材料的时候要清楚自己要找什么,像我这篇我会打关键词“toxic masculinity”, “toxic masculinity and gender”,“toxic masculinity and gender and power”等。

找好的reference一定要提前就按citation的格式标注好。

在材料准备的过程中,大家就可以逐渐构建自己的outline.这个outline里面要有清楚的立场,论点和分论点;要选好例子;在每个论点里都标明peer reviewed article在哪里帮助到了你的论点。

提前给tutor们发邮件问他们可不可以consultant。如果可以的话带好自己的outline给他们看。在跟tutor讨论的过程中一定要把问题问细,好比说问他你的outline之间的论点有没有联系,你的论点有说服力吗,还有什么地方可以提高等等。另一方面大家要问tutor他们对citation的格式有什么特殊要求,对文章的格式有什么倾向性。注意:tutor们是不让看我们准备过程中的论文的,但是outline是可以的。

这些准备事项建议在交论文最后时间的前8-10天就完成(比如5.1号要交一篇,4.20-22之间这些主要准备工作就应该完成了)

Essay写作:

如果前期准备很充分的话,2-3天就可以完成2000词的论文了

写的过程中,有任何地方你们觉得准备材料中有不足的地方就反回去重新搜资料。这个时候,大家会很明确自己要找什么样的资料所以不会耗费太多时间。

在写初稿的时候,我的目的是把大体的东西展示出来。所以有卡壳的时候我会把我的意思先打上,然后继续(这里也看个人习惯,很多人喜欢一遍写完就是完整的essay)。

写完之后,一定要改。改的时候我建议把写的东西打印出来拿红笔标出来怎么改,然后再把这些标的地方在文档里改。这个时候我建议大家新建一个文档,把原来的复制粘贴上后再改(要不反悔的时候就完了)。

自己改完之后可以去学校图书馆的academic writing drop-in session,让学校的staff们再帮你改一次。我不建议大家刚写完就去找staff改。因为这个academic writing drop-in session的原则是:

(1)每篇文章只改一次

(2)staff只是帮大家把语言梳理清楚,所以直接改出来的效果不会是最好的。

Essay写作出分:

出成绩的时候一定要看老师跟你的评语。

如果你们有任何异议一定要找老师再谈,谈的时候语气不要太生硬。

在下次写Essay的时候把老师提出的问题放在首位。

Essay写作重要的是一直坚持,一步没做好可能就会让整个essay的分数堪忧。

写essay的时候表述清楚要比用词华丽复杂更重要。

拿到低分的时候不要太气馁。因为文科论文的风格真的很多,所以一次低分可能只是表明大家在某个方面还没有做好。

文科内不同的主修专业的风格差异真的很大,所以建议大家在大一的时候多修一修不同专业。

以上就是关于文科类Essay的写作讲解,另外,同学们在做proofread的时候,建议放半天之后再读,这样才可以摆脱写作状态时的思路。

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Paper代写:Auckland housing prices

2019-07-05 17:34:16 | 日記
下面为大家整理一篇优秀的paper代写范文- Auckland housing prices,供大家参考学习,这篇论文讨论了奥克兰的房价。有数据表明,34%的新西兰人居住在奥克兰,这个城市经历了经济和社会的转型,成为了市中心居住和就业密度较高的地区,而其扩展区域的居住和就业密度相对较低。在这种情况下,奥克兰房价的上涨成为一个亟待控制的问题。奥克兰的房地产泡沫自2013年起就开始在其大都市区出现。此外,整体经济形势的不平等越来越严重。

1. Introduction

With 34% of New Zealand population living in Auckland, this city has been through both economic and social transformations and turned into a region with higher residential and employment density in the city centre while residential and employment density is comparatively lower in its extending area (McArthur, 2017). In this circumstance, the increase of housing prices in Aucklandbecomes an urgent problem to be taken under control. It is illustrated by Greenaway-McGrevy and Phillips (2015) that the housing bubble in Auckland started in its metropolitan area since 2013. Moreover, the inequality of overall economic situation becomes more and more serious (Malva, 2016). This paper will evaluate the price change with potential government intervention measures, including the existing economic justification behind.

2. Evaluation of the change

Auckland's average real house values have risen by 34% since 2007 while the rest of New Zealand average real house prices have declined by 6% (Insch, 2018). Under this special circumstance, there are several significant demand and supply shifters which are related to the change in housing price of Auckland. In terms of that, the first one to be discussed here is the consumer preference. As stated above, the spatial form of Auckland shows higher density in downtown area, which results in more obvious price increase in metropolitan area compared to the overall situation. Secondly, buyer’s expectations, as a factor affecting the demand curve, may contribute to the price change in house rental market because more people would tend to delay their purchases based on the expectation of the decrease of housing price in the future. Thirdly, the components of population would also influence the change in price. As shown in Figure 1, it can be seen that international population growth has been a significant factor since 2012 among all the components. This might bring the instabilities to the Auckland housing market.

Figure 1: Population growth in Auckland (Statistics New Zealand, 2015)

In terms of significant supply shifters, the labor cost would be one factor affecting the housing market as well. For example, scarce labour resources, especially the specialists, would cause increase of cost in all related industries. The other one might be the land resources of Auckland as the city has been attracting more and more people for settlement over the past centuries due to its geographical advantages and this trend will also continue in the future (McAuthur, 2017). Due to this concern, the Auckland Council has made commitment to the provision of affordable housing through the Auckland Plan coming out in 2012, which identified 400,000 more dwellings will be provided by 2040 (Murphy, 2016).

3. Government intervention

Potential government interventions should be considered aiming to solve different types of failures or outcomes of housing bubbles, including homelessness, inequality, geographical immobility and social issues, such as increasing crimes (Lam, 2011). Meanwhile, Auckland Council is aimed to ensure the city will continue to be one of the most liveable cities by being adopted to a model of compact city (Insch, 2018). Thus, 4 potential types of government intervention would be implemented, including funding measures, tax policy, subsidies and legal regulations, such as intervention on interest rates, especially for mortgage. These methods would be also able to correspond to the specific issues mentioned in last chapter by covering the issues regarding limited resources and business development. One demand intervention, for instance, more job opportunities seems to be generated in Auckland, which will become an effective support for low-income families (Insch, 2018). Auckland has been successful both regionally and internationally in business development and is promisingly in attracting more business investment and tourism with the evidence of contributing 37% of New Zealand’s GDP in 2015 (Statistics New Zealand, 2015). This provides a firm foundation for the implementation of the intervention. On the other hand, one supply intervention could be that Auckland government starts to release more land resources, as illustrated in the Auckland Plan released in 2012, in order to relieve the pressure of the increase of housing price as the increase of supply would result in lower price of the good in the market. This intervention has been proved to be effective and cost efficient for the special housing area in the housing market (Murphy, 2016). Besides those, overseas buyers are believed to be the major driving factor in the trend of increasing house prices, which is also believed that overseas buying will be limited by the government in order to balance the demand and supply in Auckland housing market (Findsen, 2005).

4. Economic justification

Government intervention should be undertaken based on the necessity of the current situation. Considering Auckland's real house values is rising while there is a decreasing trend for the rest of the country, it is important to analysis the specific situation and therefore clarify the direct goal in terms of recovering and booming the housing market. This leads to the following step, to determine the types of market failure in this situation using the economic theory of market failure. It is known that there will be market failure when the inefficient allocation of resources occurs in the free market (Pettinger, 2018). Demand has been proved to be a key factor for the issue, as mentioned in part 2 of this paper. In other words, large amount of immigrants and returning Kiwis have settled in Auckland in 2014, which strongly boosted the demand for houses and furtherly increased the housing price (Dang, 2015). Also, decreasing interest rates led to high mortgage credit/lower mortgage cost. The last is the demand of investor has been growing and the imbalance between housing market and other industries in New Zealand is therefore worse.

For the real estate market, its market failure includes homelessness, homelessness, economic inequality, geographical immobility and social issues, possibly leading to the deterioration of the existing resource unbalance and economic inequality of Auckland. In addition, low-income workers may not be able to generate a thorough overview of the development of housing market. Therefore, it requires the government interventions as powerful methods with high efficiency and the economic justification behind government interventions are specified.

Based on the historical situation of New Zealand, which means, for example, enclosure in the past, private housing markets has been always a strong effect on the economic inequality for the country. Local enterprises would tent to increase the price of their products due to the increased production cost. The homelessness and debts issues may furtherly affect the overall development of the city. People who can afford the higher housing prices will also suffer less influence on other areas in their lives, however, low-income members would face several serious problems, including homelessness and debts pressure. Low-income members of the society have been suffering monopoly rents under this situation (Malva, 2016). To prevent this issue from being worse, government interventions should be taken to correspond to the housing market failure starting from 2013.

On the other hand, to recover the housing market, serious and urgent issues generated from housing market failure requires assistance for people with difficulties on payments, as well as stimulus mechanisms for new purchases. One important tool for the government would be the adjusts on tax policies. For instance, labour income is taxed at 33% in New Zealand, however there is no housing capital gains tax. This could be a factor affecting households’ expectation of return from owning (Shi et al, 2014). Based on this consideration, the capital gains tax would be one of useful tools regarding to the housing bubble. Another successful example for tax policies is that the US responded to its housing bubble with mortgage interest which is fully tax deductible and similarly, among most of EU countries, various levels of tax relief on interest payments has been provided in order to face the house market failure, by which hopefully certain mortgage products may appear more attractive to the consumers (Lam, 2011). This shows the efficiency and convenience of government intervention in certain economic situations.

Furthermore, legal regulation could also be a unique and effective tool for government, such as transparency rules (Pettinger, 2018). One example would be to require financial institutions to provide all relevant information to a customer before signing a contract for mortgage loan. The information should cover the annual cost of the mortgage, such as the interest charges and cost of enquiries, and state the total costs charged to the borrower, for example, in the condition of early repayment. It can be seen that legal regulation would be helpful in guiding the development of the housing market into the expected direction and therefore is necessary after the market failure.

In addition, policy rates and retail mortgage rates are pointed out by Shi et al. (2014) from the research of over 17 countries to be important factors affecting the real housing prices. Although decreases in policy rates in these countries were not the main reason for housing price inflation around 2000, the decreases in interest rates could explain 20% of increases in the real housing price. Besides that, fixed mortgage rates may conduct a stronger influence on house prices. Therefore, it is suggested that effective policies should be decided in this direction.

5.Conclusion

In conclusion, the housing bubble issue of Auckland staring from 2013 indicates both economic and social problems. In terms of both demand and supply shifters, change in price can be influenced by the components of population growth and the population density distribution of the city, etc., due to the instabilities and limited resources in the market. In this situation, the market failure is shown mainly as homelessness, inequality, geographical immobility and social issues. In this way, it would require attention from government to minimize the negative outcomes arising from the market failure. Corresponding to the specific types of market failures, potential government interventions may consist of funding measures, tax policy, subsidies and securitization mechanisms based on not just existing historical problems, but also the overall consideration of Auckland’s city forecast.

References

Dang, T. (2015) Auckland house prices, New Zealand Review of Economics and Finance, 4, 1-7. Doi: https://www.victoria.ac.nz/sef/research/pdf/NZREF-vol-4.pdf#page=4

Findsen, A. (2005) Buying a first home: Generation X in the Auckland housing market, University of Auckland, retrieved October 09th from: https://repository.digitalnz.org/system/uploads/record/attachment/316/buying_a_first_home__generation_x_in_the_auckland_housing_market.pdf

Greenaway-McGrevy, R. and Phillips, P. (2016) Hot property in New Zealand: Empirical evidence of housing bubbles in the metropolitan centres, New Zealand Economic Papers, 50:1, 88-113, DOI: 10.1080/00779954.2015.1065903

Insch, A. (2018) Auckland, New Zealand's super city, Cities, 80, 38-44. Doi: https://ac-els-cdn-com.ezproxy.lib.gla.ac.uk/S0264275117301245/1-s2.0-S0264275117301245-main.pdf?_tid=37fef295-1fa1-40ee-97fd-74a6764ffba8&acdnat=1539427604_32c1c685691e94bfa2a236b9b7670698

Lam, A. (2011) Government Interventions in Housing Finance Markets – An International Overview. Retrieved October 09th from: https://archives.huduser.gov/ipi/pdf/GovtHsgFinMarkets.pdf

Malva, S. (2016) The Imminent Ruin of the Auckland Housing Crisis: Social Resistance Against the Financialisation of Housing, New Zealand Sociology, 31(6), 10-34. Doi: http://web.a.ebscohost.com.ezproxy.lib.gla.ac.uk/ehost/pdfviewer/pdfviewer?vid=1&sid=763f3cd7-803c-4a3f-bb99-388da09ef2e7%40sdc-v-sessmgr06

McArthur,J. (2017). Auckland: rescaled governance and post-suburban politics. Cities, 64, 79-87. Doi: https://doi.org/10.1016/j.cities.2017.01.010

Murphy, L. (2016) The politics of land supply and affordable housing: Auckland’s Housing Accord and Special Housing Areas, Urban Studies, 53 (12), 2530-2547. Doi: 10.1177/0042098015594574

Pettinger,T. (2018). Market Failure in the Housing Market. Retrieved October 09th from: https://www.economicshelp.org/blog/338/economics/market-failure-in-the-housing-market/.

Shi, S., Jou, J. & Tripe, D. (2014) Can interest rates really control house prices? Effectiveness and implications for macroprudential policy, Journal of Banking & Finance, 47, 15-28. Doi: https://ac-els-cdn-com.ezproxy.lib.gla.ac.uk/S0378426614002222/1-s2.0-S0378426614002222-main.pdf?_tid=b0fe499f-3a9a-420d-9b5a-ee217581e9ea&acdnat=1539427545_76e70df75c58224e5c67c750094ef0c5

Statistics New Zealand (2015). New Zealand's regional economies. Retrieved October 09th from: http://archive.stats.govt.nz/browse_for_stats/snapshots-of-nz/nz-in-profile-2015.aspx#

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怎么写出一篇高质量的Essay

2019-07-05 17:32:37 | 日記
想必留学生们都写过不少Essay吧,但不知道大家有几篇Essay拿过高分呢?可能很多人都是勉强及格那种。对于Essay写作想拿高分的同学们来说,可能还得下点功夫才行。那怎么才能写出一篇高质量的Essay呢?下面就给大家总结一下。

简洁原则

在Essay写作中,多选择一些更加简洁和贴切的语句,具体到细节,比如说减少there be句型的使用。很多同学习惯使用there be...但是可能会出现滥用的情况。

其实在很多情况下,there be的句式是可以省略的,使用更为恰当的语句来替代。

例:There are widespread rumours of job losses.

改:Rumours of job losses abound.

平行结构

平行的信息应当使用平行形式来表达,要保持结构上的一致性,可以选择单词、短语或句子平行的方式写作,比如说当表达某个现象的三个原因时,三句话说明时就要用同样的句式表达。

单词的平行

•A kiss can be a comma, a queston mark, or an exclamaton pont.

短语的平行

•This novel is not to be tossed ighty aside, but to be hurled with great force.

句子的平行

•In matters of prncple, stand ike a rock; in matters of taste, swim wth the curent.

句型多样化

写作中为了避免文章读起来单调,所以句型需要适当的变化,而不是一直使用太过简单的句子。利用一些复杂的句型,能够让文章具有更强的可读性。

文章中可以使用一些副词性的短语或是单词来修饰动词。

例:Apair of black ducks flew over the pond just as the sun was coming up.

改:Just as the sun was coming up,a pair of back ducks flew over the pond.

避免语义重复

在汉语的表达中,语义重复的现象是普遍存在的,但是在英文写作中一定要避免这种情况。

例:They tend to be more adaptable and are able to embrace change and learn to adjust to diferent cultures.

•这句话就出现了语义重复的问题,这句话的核心是They tend to be more adaptable,后半句话实际上重述了前半句话的含义,所以可以删掉。

改:The adaptabilty hardened in a foreign land could be partcularly vauable when t comes to jobhunting.

词性转换

英文的单词很多都具有多种词义,进行巧妙的利用,保证句子的简洁性,对文章有很好的润色效果

例:He goes on holiday in shangha.

改:He holidays in shanghal.

这里的holiday作为动词使用,含义“在......度假”。

以上就是关于Essay写作的一些小技巧,如果同学们能把这些技巧都运用到Essay写作上,那么质量就有保证了。

想要了解更多英国论文写作技巧或者需要英国代写,请关注51Due英国论文代写平台,51Due是一家专业的论文代写机构,专业辅导海外留学生的英文论文写作,主要业务有英国代写、essay代写、assignment代写、paper代写。亲们可以进入主页了解和获取更多关于英国代写以及英国留学资讯,我们将为广大留学生提升写作水平,帮助他们达成学业目标。如果您有英国代写需求,可以咨询我们的客服QQ:800020041。

Paper代写:Modern British nation-state

2019-07-05 17:30:52 | 日記
本篇paper代写- Modern British nation-state讨论了英国近代民族国家。英国近代民族国家的兴起始于1485年建立的都铎王朝,并以此作为英国近代史的开端。这不仅因为英法百年战争后英国由于失败而不得不退回到不列颠岛,从此按照民族原则和地域原则致力于内部发展,为民族国家的建立划定了方向,而且都铎王朝的建立结束了英国内部兰开斯特和约克两个家族的长期斗争,封建领地军事贵族的力量随之削弱,扫除了组建民族国家的最大障碍。本篇paper代写由51due代写平台整理,供大家参考阅读。

Nation-states emerged in Western Europe, mainly British and French nation-states. Both these countries were established under monarchies at first, that is, national monarchies, and then they changed from monarchies to democracies. The British monarchy strengthened the centralization of power by sweeping away the domestic separatist forces and religious reform, established a unified domestic market and supported the development of national languages, thus promoting the formation of a unified national state.

A nation state, a sovereign state based on a nation, must have two important factors, namely, state sovereignty and ethnic unity. At the same time, the nation-state is a form of state that appeared in the late middle ages of Europe and generally formed in the bourgeois era. Britain's nation-state emerged in the late middle ages and early modern times, and its national sovereignty and national unity emerged with the decline of Roman curia and the collapse of the Latin Christian world in the middle ages. The establishment of the British nation-state was achieved through the struggle with Roman Catholic forces, foreign islamic conquest forces and internal feudal separatist forces.

There were many factors contributing to the establishment of the modern nation-state in Britain: historical, accidental, and sociopolitical. This paper tries to elaborate from three aspects: the establishment of Tudor dynasty ended the feudal division within England and took many measures to strengthen the royal power; the generation of English national consciousness and its influencing factors; In the process of English reformation, secular kingship gradually got rid of the shackles of Roman church.

It is generally believed that the rise of modern nation-state in Britain began with the establishment of the Tudor dynasty in 1485, which was regarded as the beginning of modern British history. This not only because the British and French war in one hundred after the British because of failure and had to return to Britain, in accordance with the principle of national and regional principle, committed to the development of the internal for the establishment of the nation state designated the direction, and the establishment of the Tudor dynasty ended within Britain family of Lancaster and york two long struggle, the power of the feudal estates military aristocracy then weaken, remove the biggest obstacle to form a national. Herry VII, the first Tudor monarch, took a series of measures to strengthen the monarchy and make Britain strong.

For Henry Tudor, the most important thing was to restore the power of the British monarchy beyond the power of aristocratic gangs. In response, Henry vii married princess Elizabeth, daughter of Edward iv of york, through marriage only, uniting two warring families and bringing them under the rule of the king. In addition, he reduced the power of the nobility, especially the military power of their independence. Henry vii also faced the question of how to restore and strengthen the crown. From the beginning he tried to get the king to run parliament rather than parliament, and the most important way was to increase the royal revenue. His main sources of income are royal estates, customs revenue, court fines and his feudal privileges as the supreme Lord. When Henry vii died, he left about two million pounds -- a sum equal to the regular income for at least fifteen years.

There are many factors and manifestations of the emergence and development of British national consciousness. English, as a national language, is the linguistic expression of British people's national identity.

In medieval England, Roman Catholicism ruled the Christian world, and Latin was the religious language. In addition, French was widely used in England in the 14th century. It even says that "there are two french-speaking kingdoms, one on the continent and the other on an island not far from the continent." After the conflict between Britain and France intensified, the hundred years' war broke out, and the confiscation of British aristocrats' territories in France, the British began to hate the French and regarded French as the "language of the enemy".

After the middle of the 14th century, with the emergence of national consciousness of the British, English gradually rose to the same important position as French and Latin. At the beginning of the 15th century, Henry iv actively advocated the use of the national language -- English. In 1440, Henry vi founded the grammar school, which actively supported the development of national languages. The reformation under Henry viii led to the replacement of Latin with English in religious ceremonies. 1611 the promulgation of the king James bible is of great significance to the formation and development of the English community. In addition, the British people are also concerned about and supportive of the development of national languages: English was adopted in literary creation, and published books promoted the growth of national languages among the British people.

In early British society, Christianity formed a partnership with secular kingship, with the church and the kingship working together to share the power of the state. "The spread of Christianity in Britain had a stabilizing effect on the monarchy." The influence of Christianity permeated all walks of English society. With the development of kingship, the cooperative relationship between church power and secular power developed into a confrontation. As early as the time of Henry ii, the two sides clashed over the separation of the courts from the traditional church and the secular world.

Henry viii, who had been ordered by the Pope to be jin, broke with Catherine in order to settle her divorce. Both the civil class and the aristocracy wanted to carry out the religious reform, obtain the church property, and urgently demand the overthrow of the Catholic rule in favor of the development of industry and commerce. In the second half of 1530, a reform group headed by Thamas Crornwell formed in the council. Between 1532 and 1534, parliament passed the "first year's salary of priests" and the "law against taxation to holy see", which greatly increased the royal revenue. In 1534, Henry viii had parliament pass The supreme law, declaring The king to be The sole and supreme head of The Anglican Church. The greatest influence of Henry VIII's time was the abolition of monasteries. The confiscated land was given to the nobility or auctioned to the big bourgeoisie, thus forming a vested interest group against the restoration of Catholicism in English society and expanding the social base of the religious reform.

During Edward VI's reign, the teaching of the church of England was protestant. But these measures were largely overturned when Mary I came to the throne in 1553. She tried to restore Catholicism as the official religion of England and punished the infidels with Bloody Mary. In 1558, Elizabeth I took the throne and further promoted the religious reform and advocated religious tolerance. In 1559, she ordered the parliament to pass the Act Of Supermacy, establishing the British episcopal church as a formal British religion and reconfirming the supreme authority Of the British monarch over religion and the secular world. The article 39 formulated in 1563 took the bible as the only criterion of faith, which greatly strengthened the loyalty and obedience of the subjects to the royal power and finally made the Tudor dynasty's theocratic rule reach its peak and the nation-state was consolidated unprecedently. At this point, the English reformation was over.

Begins with Henry VIII's top-down reformation, on the surface, the original is just get rid of the papal control Henry viii, to divorce Catherine of a means of solving the mammoth historical background in Europe in the 16th century was endowed with the meaning of The Times, make its "is no longer a depends on the king's personal will isolated phenomenon, and become a kind of the behavior of the country, a nation reflects the collective will of action". By the time of Elizabeth I, legislation and repression finally established the status of protestantism in England and brought it under the control of secular power. At the same time of negating the Roman Catholic faith, the supreme authority of the British monarch was established, which consolidated the absolute monarchy system and external independence and sovereignty.

Of course, the nation-state is a complex historical and social issue, and its establishment is influenced by many factors. Britain's nation-state came into being earlier. Although it is partly related to its geographical location, it is more from the development of various internal forces, which is generally regarded as an "endogenous type". The rise of the nation-state began with the establishment of a unified territory and the strengthening of centralized power, and then began to compete with the Pope for the leadership of the state. Among them, the formation and development of national language plays an important role in inspiring people's national consciousness. After the establishment of the unified Tudor dynasty and a series of religious reforms, especially after English gradually became the national language, Britain also had the embryonic form of modern national state. After the British bourgeois revolution in 1640, its national monarchy gradually transferred to parliamentary democracy, laying the basic features of modern state system.

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Essay代写:Bankruptcy law in the United States

2019-07-05 17:28:51 | 日記
下面为大家整理一篇优秀的essay代写范文- Bankruptcy law in the United States,供大家参考学习,这篇论文讨论了美国的破产法。2005年,美国正式通过新破产法,将《示范法》并入其中,成为了迄今为止最完整地适用《示范法》的国家。改革后的新破产法采用了以主要破产程序为主,辅之非主要破产程序与属地破产程序的模式。美国此次在跨境破产领域的改革,体现了其寻求国际合作的态度。

In 1898, the American bankruptcy law adopted regionalism, which was reflected in the later jurisprudence. After the 20th century, with the prosperity of foreign trade, the domestic capital of the United States continued to pour into foreign countries and multinational companies developed rapidly. The judicial practice of cross-border bankruptcy in the United States fluctuated between regionalism and universalism for a long time. Against this background, American lawmakers gradually realize the limitations of regionalism. Under the proposal of professor Stefan Riesenfeld, section 304 of the United States bankruptcy code of 1978 took the first step to codify the principle of comity and international cooperation in judicial practice, providing legal support for the recognition and enforcement of foreign bankruptcy proceedings in the United States.

Article 304, for the first time, comprehensively defines the "auxiliary procedure" for overseas bankruptcy proceedings to be recognized and implemented by American courts in the mode of domestic legislation, which has exerted a great influence internationally and is praised as the "American mode" in the history of cross-border bankruptcy.

Under section 304, as long as the debtor has bankruptcy property locally, the foreign representative has the right to initiate auxiliary proceedings in a local court to request assistance in administering the debtor's property in the United States. The U.S. bankruptcy code of 1978 provides only in principle for courts of jurisdiction and does not specify how a foreign representative can file an application for recognition in a U.S. court.

Section 304 of the U.S. bankruptcy code of 1978 requires U.S. courts to consider several factors when providing assistance to foreign bankruptcy proceedings. To protect American creditors from discrimination or inconvenience in asserting their claims in foreign bankruptcy proceedings; Preventing preferential or fraudulent disposition of bankruptcy property; The distribution of bankruptcy assets in foreign bankruptcy proceedings is essentially in line with American bankruptcy law; Comity. Foreign insolvency proceedings provide an opportunity for individuals to restart under reasonable circumstances. The regulation is a "safety valve" set by us lawmakers to protect the interests of the country's creditors and its public policy.

Section 304 of the U.S. bankruptcy code of 1978 provides that if a debtor in a bankruptcy proceeding in a country has property in the United States, the foreign representative appointed by that foreign bankruptcy proceeding has the right to initiate auxiliary proceedings in the United States and to request court assistance in administering the debtor's property in the United States. The process is not an independent bankruptcy process, it is a subsidiary process, but it expresses the us position of seeking international cooperation in cross-border bankruptcy. Article 304 regulations, foreign representative auxiliary application filed in the United States, may request the court to give the following benefits: according to the foreign representative application, the court issued an injunction would, forbid anyone to against foreign bankruptcy of the debtor's property involved behavior, including lawsuits filed against the debtor's property and assets of the debtor to take compulsory measures; Transfer of assets of a debtor located in the United States to a foreign bankruptcy proceeding for uniform distribution; Other relief is granted on a case-by-case basis. The effect of these relief measures is obvious and fully reflects the positive attitude of the United States in cross-border bankruptcy.

The subsidiary procedures created by article 304 have had a significant impact on domestic legislative reform in other countries and have been adopted in some countries. In judicial practice, however, assistant program also has some problems, met with criticism from all walks of life: on the one hand, because of the legislation did not review foreign bankruptcy proceedings to the court to consider the six factors make the detailed rules, therefore, the judge in the process of concrete used in article 304 of this law, at the discretion of the larger, which directly leads to the judicial practice inconsistent; On the other hand, if foreign bankruptcy proceedings are not assisted by auxiliary procedures in the United States, foreign representatives or creditors have the right to initiate independent bankruptcy or reorganization proceedings in the United States according to American law, and there is no provision on how to coordinate the legislation of this parallel procedure, which can easily lead to the embarrassing situation of returning to regionalism.

In 1997, the United Nations commission on international trade law promulgated the model law on cross-border insolvency. Chapter 15 of the us bankruptcy code was established by us lawmakers on the basis of the model law, which aims to reconcile jurisdictional conflicts between us courts and foreign courts and provide a suitable legal framework for international cooperation.

Section 1517 of the United States bankruptcy code provides for the application process for recognition by a foreign representative in a United States court. The provision states that the foreign representative shall provide two certificates and one statement: including: a document certifying the existence of a qualified foreign procedure and the authenticity of its identity; Submit notes on foreign procedures. The establishment of the procedure simplifies the process of recognition of foreign insolvency proceedings by the courts so that they can make a decision on recognition as soon as possible.

Section 1517 of the United States bankruptcy code provides for the application process for recognition by a foreign representative in a United States court. The rule states that foreign procedures should be recognized as soon as possible if they do not clearly violate U.S. public policy. The application of chapter 15 to public policy is conditional on -- a "clear" violation of public policy, reflecting the cautious attitude of us courts in applying public policy to refuse to recognize and assist foreign bankruptcy proceedings.

Once the application has been approved, foreign insolvency proceedings will be divided into "main proceedings" and "non-main proceedings" according to the criteria of the location of the debtor's principal interest centre and the debtor's business office, thus obtaining different relief measures: Automatic relief measures, if the foreign bankruptcy is the "main program", foreign bankruptcy property manager will automatically receive certain benefits, such as applicable to the debtor and the property is located in the United States automatically stop, take necessary measures to ensure that the property of the debtor in the United States by full protection and management of the debtor's business and exercise the power of the trustee in bankruptcy and guarantee agreement after the start of the validity of the termination, etc. Discretionary relief where the foreign insolvency proceedings are "non-primary proceedings", the court will only give appropriate relief at its discretion, such as stopping individual ACTS and proceedings against the property, rights and obligations of the debtor; Cessation of enforcement of the debtor's property; Suspension of assignment, mortgage or other disposition of the debtor's property, etc. The difference between the two procedural remedies is that automatic remedies apply only to "primary procedures" and discretionary remedies apply to both. Temporary relief measures, in a foreign country after the filing of bankruptcy administrator before making decision, the court, the court may also, at the request of the foreign insolvency administrator, as appropriate, to give temporary relief, the provisional remedies will be terminated when admitted to apply for permission, and not get in the way of "main application", also can't the government regulation behavior is forbidden.

The United States adopted a new bankruptcy law in 2005, incorporating the model law into its chapter 15, and was the most complete application of the model law to date. The new bankruptcy law after reform adopts the mode of main bankruptcy proceedings supplemented by non-main bankruptcy proceedings and territorial bankruptcy proceedings. This reform not only retains the provisions of article 304 auxiliary procedures, but also adjusts the recognition and assistance system of foreign bankruptcy proceedings. The U.S. reform in cross-border bankruptcy reflects its attitude of seeking international cooperation and provides reference for other countries to improve their domestic legislation.

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