信息时代的数字财产继承问题初探

数字财产的继承涉及到伦理与法律的双重规制。从本质上讲,数字财产是一种法益而非权利;价值性,是法益视角下数字财产所具备的核心属性,具体又分为使用价值、交换价值、人文价值和情感价值;由价值性延发产生的维护权利主体合法权益、实现网络资源优化配置和适应经济社会发展需求,是对数字财产进行继承的现实依据;数字财产具备可继承性但并非所有数字财产都可继承;数字遗产是由数字财产转化而来的;增强全民族的数字财产保护观念、深化数字财产继承的理论制度研究和构建数字财产继承的综合法律规制体系是化解我国当前数字财产继承困境的现实道路选择。     

What can Post‐Democracy tell us about TNCs and Extraterritorial Violations of Human Rights?

This article considers the problem of extraterritorial human rights violations committed by transnational corporations (TNCs), and draws on Crouch's framework in Post‐democracy to illustrate why the issue has proved so difficult for states to regulate. I begin by examining the problem of corporate regulation more generally, and set out Crouch's analysis to show why and how corporations have become so influential. The second section considers the area of business and human rights, and explains why there is ‘a governance gap’ in relation to extraterritorial human rights violations committed by corporations. The third section describes efforts at the international and domestic levels to regulate corporations in relation to this issue. It concludes that while new international principles and innovative hybrid schemes are playing a valuable role in norm creation and standard‐setting, the enforcement of these principles remains limited. Corporations have largely succeeded to date in their lobbying efforts to remain free of any direct obligations under international law.     

社会主义核心价值体系的现实阐释

社会主义核心价值体系是新世纪新阶段中国共产党在思想文化建设上的重大理论创新成果,它指出了新形势下中国共产党与中国人民应该举什么旗、走什么路、持什么精神动力、守什么道德规范等四个关系党和国家前途命运的重大问题。     

Subnational political regimes and formal economic regulation: Evidence from Russian regions

The paper contributes to the studies of effects of political regimes on public policies by looking at a previously unexplored aspect of this issue: the propensity of political regimes to create vast and extensive formal regulation. To study this topic, it applies subnational comparative method and uses a dataset of subnational regions of Russia, which provides a unique opportunity for a large-N investigation of the research question because of substantial variation of regional political regimes and regulatory environments and because of availability of a proxy for comparing the use of formal regulation across regions. The paper shows that more competitive regimes are more likely to expand the formal law than less competitive ones; however, the implications of this expansion of formal law for the economy are ambiguous.     

不真正连带债务理论的反思与更新

不真正连带债务理论的精髓在于其区分规制思想。该思想始终围绕着多数债务之间的“同一性”展开。各国理论上对不真正连带债务学说的质疑和批评无法否定其区分规制思想尤其是新的层次划分学说的合理性。我国审判实践经验与层次划分学说的高度契合性亦说明该区分学说具有相当的实践基础。与此同时，一种包括不真正连带债务在内的宽泛统一的连带性学说也日益成为各国理论发展的趋势。应当积极促成二者的融合，在宽泛统一的连带性模式下，以层次划分学说为核心来更新和完善传统的区分规制方案。多数情况下应当根据各个债因的主客观因素并结合法律政策和社会伦理，综合考量多数债务人是否处于同一层次。此外，在不真正连带债务的判决和执行环节可以适当借鉴补充性的顺位规则。     

Conclusion: European Governance in a Changing World: Interests,Institutions, and Policy-Making

ABSTRACT

This article concludes the special issue by outlining the author’s perspective on 40 years of research on interests, institutions, and policy-making in sub-national, national, and supranational settings. The first part of the article five general comments is developed on 1. the relationship between politics and policies, 2. vertical widening in terms of multilevel European policy-making; 3. horizontal widening with regard to New Modes of Governance; 4. democratic legitimation in multilevel governance; and 5. methodological considerations. The second part of the article substantiates the five comments and relates them to the other articles in the special issue. The overall picture which emerges is that European governance has expanded and transformed significantly over time which has led to a complex system in need for democratic accountability and legitimacy.     

The use of local direct democracy in the Czech Republic: how NIMBY disputes drive protest behaviour

Over the past 15 years there has been an increase in the use of local direct democracy in the Czech Republic. The analysis shows that the primary cause has been the regulation of development projects. Using transaction costs economics (TCE) approach it is shown how the regulation related to the siting of development projects leads to a not-in-my-backyard (NIMBY) response resulting in political activism that uses institutions of local direct democracy. Drawing from the TCE perspective, in this article it is argued that the key sources of this political mobilisation have been the existence of contractual hazards related to development projects and an inability to form credible commitments between developers and communities. The article highlights a previously neglected explanation for the increased use of direct democracy because sources outside the political system often go unnoticed and contributes to the research on NIMBY disputes and on the expansion of direct democracy.     

Tackling consumer vulnerability in energy and banking: towards a new approach

This article examines the new approach to vulnerability developed by Ofgem and the Financial Conduct Authority to see whether it has been implemented at company level and had an impact on the ombudsman. It sets out the context within which this approach has been developed and then looks at its implementation through two case studies. The main lesson from these case studies is that establishing a broad concept of vulnerability, as has been argued for in the academic literature, is just a first step. Operationalising the concept presents major challenges especially in the context of systems dealing with large numbers of consumers.     

Game Theoretical Study on the Population Regulation in Megacity Under the New Household Registration System——Based on the Case of Shanghai

The population regulation policy of Shanghai, intervened by policy, guided by the government with the characteristics of market optimization, has made certain progress in aspects including urban development and migrant population management. However, it shows deficiency in limit and efficiency under the old household registration system. Therefore, the new household registration system urgently requires a clear analysis framework for population regulation and the government should be clear about game in the social, political and economic aspects as well as the population problem demanding solution. It is argued that in this paper the government should focus on the population regulation ways in different periods, space and social strata to rebuild the population regulation strategy of Shanghai with the guiding principle of respecting the connotation of new household registration system.     

论我国劳动法律调整方式从一元化向多元化的转变——以家务服务员的劳动保护为视角

家庭服务工作在当今经济和整个社会中具有非常重要的地位,但家务工作也是最不稳定、低报酬和没有保护的就业形式之一,家务服务员劳动权益保护被排除在劳动法律之外。改变当前家务服务员权益保护的脆弱状态,改善家务服务员的工作和生活条件,应当重新定位劳动法所调整的劳动关系的范围,构建多元的调整方式,制定专门的家务服务员劳动权益法。