对虚假航空运输电子客票行程单犯罪的思考

航空电子客票行程单是旅客乘坐飞机的惟一报销凭证,俗称机票发票。近期,关于虚假行程单犯罪的数量不断攀升,而且涉案金额巨大,造成了严重的社会危害。我们可以从分析行程单的法律属性入手,了解虚假行程单犯罪的形式和特征,剖析虚假行程单犯罪的原因。从制度上看,现有的行程单管理制度也存在较大的缺陷。针对虚假行程单犯罪,我们可以从多个方面加以防范和治理。     

Opinion 1/15 of the Grand Chamber dated 26 July 2017 about the agreement on Passenger Name Record data between the EU and Canada

On 26 July 2017, the Grand Chamber of the European Court of Justice rendered its seminal Opinion 1/15 about the agreement on Passenger Name Record data between the EU and Canada. The Grand Chamber considered that the decision of the Council about the conclusion, on behalf of the Union, of the agreement between the EU and Canada about the transfer and processing of PNR data must be based jointly on Article 16(2) about the protection of personal data and Article 87(2)(a) about police co-operation among member states in criminal matters, but not on Article 82(1)(d) about judicial co-operation in criminal matters in the EU of the Treaty on the Functioning of the EU. The Grand Chamber also considered that the agreement is incompatible with Article 7 on the right to respect for private life, Article 8 on the right to the protection of personal data, Article 21 on non-discrimination and Article 52(1) on the principle of proportionality of the Charter of Fundamental Rights of the EU since it does not preclude the transfer, use and retention of sensitive data. In addition to the requirement to exclude such data, the Grand Chamber listed seven requirements that the agreement must include, specify, limit or guarantee to be compatible with the Charter.The opinion of the Grand Chamber has far-reaching implications for the agreement on PNR data between the EU and Canada. It has also far-reaching implications for international agreements on PNR data between the EU and other third states. Last, it has far-reaching implications for Directive 681 of 27 April 2016 on PNR data.     

Ticket splitting,strategic voting and personal vote in the 2012 Mongolian elections

This article examines ticket splitting under Mongolia's new mixed-member majoritarian system used for the elections in 2012, reaching several conclusions. First, we confirm that strategic ticket splitting depends on party size, as especially candidates of larger parties receive, on average, more district votes. Second, we show that strategic voting is not a universal phenomenon under the Mongolian mixed-member majoritarian system. Finally, as personal vote rather than strategic voting generally influences electoral behaviour of Mongolian voters at the district level, we hypothesize that institutional factors alone are not sufficient to explain both ticket splitting and strategic voting.     

论我国旅客运输赔偿责任限制制度——以东航“11．21”空难的赔偿方案为视角

文章从东航"11.21"空难为切入点,对我国人身损害赔偿的法律规定作了普遍的分析,特别指出我国目前旅客运输的赔偿存在的突出问题,即赔偿责任限额的滞后性和不合理性.然后从立法的角度对我国的旅客运输赔偿责任限制制度的制定机关、程序、额度进行分析,在此基础上提出了完善我国旅客运输赔偿责任限制制度的建议.     

购物券--一个必须重视的问题

购物券是伴随着非法性、功利性、腐蚀性产生的,利益驱动是购物券泛滥的温床.购物券流向公务员群体,成为权力腐败的一个具体表现形式.要取缔并根治购物券,就必须加强对党员干部的思想教育,加强监督制约机制.     

Practising homeland security across the Atlantic: practical learning and policy convergence in Europe and North America

Abstract

Despite different traditions, interests and perceptions characterizing North American and European approaches to homeland security, since 9/11 policy-makers across the Atlantic have formulated increasingly similar policies to deal with terrorism and other international security threats. Challenging mainstream accounts elaborated in the policy convergence literature, and drawing from sociological works in performance studies, this essay argues that the recent evolution of homeland security policies in Europe and North America can be understood as an instance of ‘practical learning’. From this perspective, this outcome is the result of the acquisition on the part of European and North American policy-makers of the practical knowledge necessary to carry out the new policies, policies learned by mimicking the practices of their counterparts across the Atlantic. This argument is then applied to examine two cases of policy convergence in Europe and North America – the proposal for a ‘European Passenger Name Record’ system and the project of a regional ‘Security Perimeter’.     

Russian PNR system: Data protection issues and global prospects

The usage of Passenger Name Record (PNR) for security purposes is growing worldwide. At least six countries have PNR systems; over thirty are planning to introduce them. On 1 December 2013, a Russian PNR system will be implemented. But enhanced collection of personal data leads to increased surveillance and privacy concerns. Russian authorities state that passengers' rights will be respected, but a closer look at the Russian regime reveals a number of critical points. From a global perspective, the Russian regime is only one of many PNR systems, including new ones to come in the future. Apparently, for the majority of them, similar challenges and problems will apply. At the same time, for the EU, with its strict data protection requirements, PNR requests by third countries (i.e. non-EU countries) create conflicts of laws. In order to resolve them, the EU concludes bilateral PNR agreements. However, the current deals, especially the one between the EU and the USA, involve a number of weaknesses. Accepting the latter, and having a pending proposal on the EU PNR system, the EU has weakened its position in negotiations with third countries. How will the EU deal with the Russian as well as with all the future requests for PNR? This paper provides legal analysis of the Russian PNR regime, pointing out common problems and giving prognosis on the global situation.