The impact of China's 2016 Cyber Security Law on foreign technology firms,and on China's big data and Smart City dreams

Chinese officials are increasingly turning to a policy known as Informatisation, connecting industry online, to utilise technology to improve efficiency and tackle economic developmental problems in China. However, various recent laws have made foreign technology firms uneasy about perceptions of Rule of Law in China. Will these new laws, under China's stated policy of “Network Sovereignty” (“网络主权” “wangluo zhuquan”) affect China's ability to attract foreign technology firms, talent and importantly technology transfers? Will they slow China's technology and Smart City drive? This paper focuses on the question of whether international fears of China's new Cyber Security Law are justified. In Parts I and II, the paper analyses why China needs a cyber security regime. In Parts III and IV it examines the law itself.     

China's campaign-style Internet finance governance: Causes,effects, and lessons learned for new information-based approaches to governance,

China's Internet companies and citizens are now world leaders in developing and using the Internet and related information technologies for financial transactions. Accordingly, it is important that China becomes a world leader in identifying challenges posed by Internet finance, and providing law and governance solutions to address these challenges. While the Internet and its associated technologies are now globally available, a core question is whether, and to what extent, regulatory challenges and opportunities are common across different jurisdictions, or whether they reflect local circumstances. In short, an interesting question is what can the world learn from China as it takes the lead in addressing Internet finance challenges, and what can China learn from the world as it seeks to do so?This article first identifies the landscape of China's burgeoning Internet finance market, including key technologies and services and government and nongovernment players. The article then turns to key regulatory challenges, with a focus on factors especially significant in China. The article then examines the “top down” “campaign style” approach to regulation, which is China government's initial response to emerging challenges. Following an analysis of the campaign, some suggestions are then made for future possible governance strategies. We explain how emerging “information” based and experiment-based approaches to governance are drawing on both global and Chinese experiences to harness the capabilities of the Internet and the collective energies of Internet finance enterprises and users to advance the regulation of the China Internet finance system in a way that is conducive to the public interest.     

China's new regulatory regime tailored for the sharing economy: The case of Uber under Chinese local government regulation in comparison to the EU,US, and the UK

Although Uber's arrival in China has resulted in disruptive competition for incumbent taxi companies, it offers an attractive alternative in China's supply-demand-imbalanced urban passenger transport system. China's regulatory regime for Uber has evolved in three stages: from the regulatory vacuum prior to 2015 to its official legalization in 2015–2016, and the enactment of numerous local regulations in 2016, with specific and more demanding requirements for Uber. This policy is a part of the Chinese approach to the gradual liberalization of the urban passenger transport market. Policymakers should consider ‘fair competition’ as the guiding principle to balance the interests of sharing firms and incumbent service providers, as well as between different sharing firms. The core value of this principle lies in the benefits it provides for consumers and the way it engenders a pro-competitive market environment. The labor protection arrangements for sharing firms’ laborers should be more flexible and diversified. In order to recognize whether an Uber-Driver is an employee or independent contractor, a new standard taking into account a range of factors should be established through collective negotiations between the participants of the sharing economy, and dialogues between members of the judiciary, academics, and the policymakers. Further, consumer protection law and personal data protection provisions should apply when sharing firms misuse their distinctive algorithmic management model to compete unfairly to the detriment of consumers and other users. Ex ante regulatory measures designed to protect the personal data of users should be introduced for deployment in the context of the sharing economy. When enforcing these rules, a balance should be struck ensuring free data flow that is essential to sharing firms’ innovation and competition, and the need to ensure the level of data security required to underpin a well-functioning sharing society.     

Experiencing Critique<Superscript>⋆</Superscript>

Over the past two centuries, criticism has assumed an indispensable role in the production of truth in many academic contexts. Furthermore, a dominant conception of critique emerged out of disciplinary truth regimes – evident as much in right wing think tanks as in critical theories. This ‘grammar of critique’ requires critics to judge specific contexts against founded criteria. However, in an epistemological ethos beset by obdurate uncertainty, where disciplinarity is increasingly under attack, a judgmental grammar faces intractable challenges. For one thing, intransigent ambiguities defy the silencing required to achieve certainty, or universal agreement, on ‘founded criteria’. This predicament creates a distinctive semantic disquiet and a unique opportunity to prize critique loose from its previously privileged grammar. Allegorically referring to Derrida’s images of hospitality, this paper offers a different grammar of critique as an experience of imagined prospects, a promise that rallies against ossified thought systems of the now. This experience is structured through the impossible to the extent that it defies absolute definition, finitely encounters infinite possibilities, involves preconceptions, and opens critics up to promises that never fully arrive. As such, critical experiences invite existential anticipations whose contours, paradoxically, are imagined from within, and yet promise an escape from, local historical circumstances.A version of this paper was presented at Birkbeck, University of London, 24th September, 2004. I would like to thank Peter Fitzpatrick, Claire Valier, Ronnie Lippens, Costas Douzinas and Julia Chryssostalis for their helpful comments.     

An experimental model of regulating the sharing economy in China: The case of online car hailing

Online car hailing represents a disruptive innovation model in the sharing economy and requires a new regulatory response. China's attempts to regulate this emerging industry can be considered highly experimental model. To relieve the pressure from offline competitors and to clarify the ambiguous legal status of online car hailing, China currently enforces a strict regulatory scheme through what can be described as a central-local dual system. Questions, however, have arisen regarding the legality, proportionality and effectiveness of this approach. Moreover, the current system's choice for a segmented market strategy heavily impairs the sustainable development of the sharing economy. Therefore, the adoption of Internet-based regulations for online car hailing might create better prospects to establish a fairly competitive market as well as to further boost the ever dynamic Internet sharing economy in China.     

Decision games applied to police decision making -an exploratory study of information usage-

An analysis of police decision making is presented using the decision board technique developed by Leslie Wilkins. This method assumes that decision making can be measured by observing a subject's response to stimuli presented in the form of pieces of information. A board was created and employed with fifty municipal police officers. Findings suggest that police demonstrate individualized preferences for varying amounts and kinds of information. The nature of the offense was considered most frequently. The attitude of the offender was also an important determinant of the decision outcome; and the offender's attitude then influenced the amount and type of information subsequently used.     

Plaintiff injury and defendant reprehensibility: Implications for compensatory and punitive damage awards

A criticism of the civil jury is that jurors' decisions about damages are capricious and arbitrary. In particular, critics point to the skyrocketing nature of punitive damage assessments as evidence of a system run amok. The purpose of this study was to examine the factors that influence jurors' decisions about compensatory and punitive awards. We assess whether, as the law intends, jurors' decisions about compensation are influenced by the severity of the plaintiff's injury but not by the reprehensibility of the defendant's conduct, and whether assessments of punitive damages are related to the defendant's conduct but not to the plaintiff's injury. Across three cases, mock jurors generally utilized relevant information and ignored irrelevant factors in their decisions about damages. Results are discussed in terms of the extent to which juror decision making comports with legal doctrine.     

中国女性主义批评实践20年的回望

女性主义自20世纪80年代初被引入国门以来,其间经历了两次批评实践的高潮.但在本土化的过程中也暴露出不少问题,如过度偏执于性别文本与性别价值,以至因批评的格式化与概念化而陷入自说自话的境地,忽视对女性美学的总结、对自身理论体系的建构以及对本土性别研究资源的整理等.只有高度重视上述问题,才能避免使中国的女性主义实践走向日益僵化的境地.     

The ASEAN-China Investment Agreement: A regionalization of China��s BITs

This paper analyzes the provisions of the Agreement on Investment of the Framework Agreement on Comprehensive Economic Cooperation between China and the Association of Southeast Asian Nations (the “ASEAN”), especially those on the scope of application, national treatment, Most Favored Nation (MFN) treatment, expropriation, and investor-state dispute resolution. The paper then compares the new agreement with other international investment agreements concluded by China or ASEAN. In comparison with existing Bilateral Investment Treaties (BITs) between China and individual ASEAN member states, there are significant changes in the Investment Agreement which provides a higher standard of investment protection. Such an investment protection is common in the new generation of Chinese BITs, which were signed by China since 2000. However, unlike some other investment agreements in free trade arrangements, the Investment Agreement rarely touches upon the investment liberalization, although the Framework Agreement of ASEAN-China FTA provides for creating a liberal investment regime. This paper concludes that negotiating an investment agreement in China’s Free Trade Agreements (FTAs) is regarded as an opportunity to update its old BITs, but China is not yet prepared to undertake investment liberalization in its FTAs. The ASEAN-China Investment Agreement is, rather, an extension of China’s BITs at the regional level, which is a demonstration of China’s growing influence at this level.     

A critical review of past studies on China’s corrections and recidivism

This article reviews studies of China’s correctional system and recidivism in approximately the last two decades. Studies on the Chinese correctional system may be grouped into two subfields, one on studies of the correctional system itself (e.g., the composition and the function of the system), and the other on studies of prison inmates in other related topics (e.g., their criminal behavior). Studies on China’s recidivism showed a very low recidivism rate, and China’s crime prevention strategies were closely related to its societal structure and social control. Future studies in these two areas need to focus on the most recent changes in the Chinese criminal justice system, and gain more access to Chinese prisons to do empirical testing.

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Analysing and exemplifying forensic conclusion criteria in terms of Bayesian decision theory

There is ongoing discussion in forensic science and the law about the nature of the conclusions reached based on scientific evidence, and on how such conclusions – and conclusion criteria – may be justified by rational argument. Examples, among others, are encountered in fields such as fingermarks (e.g., ‘this fingermark comes from Mr. A's left thumb’), handwriting examinations (e.g., ‘the questioned signature is that of Mr. A’), kinship analyses (e.g., ‘Mr. A is the father of child C’) or anthropology (e.g., ‘these are human remains'). Considerable developments using formal methods of reasoning based on, for example (Bayesian) decision theory, are available in literature, but currently such reference principles are not explicitly used in operational forensic reporting and ensuing decision-making. Moreover, applied examples, illustrating the principles, are scarce. A potential consequence of this in practical proceedings, and hence a cause of concern, is that underlying ingredients of decision criteria (such as losses quantifying the undesirability of adverse decision consequences), are not properly dealt with. There is merit, thus, in pursuing the study and discussion of practical examples, demonstrating that formal decision-theoretic principles are not merely conceptual considerations. Actually, these principles can be shown to underpin practical decision-making procedures and existing legal decision criteria, though often not explicitly apparent as such. In this paper, we will present such examples and discuss their properties from a Bayesian decision-theoretic perspective. We will argue that these are essential concepts for an informed discourse on decision-making across forensic disciplines and the development of a coherent view on this topic. We will also emphasize that these principles are of normative nature in the sense that they provide standards against which actual judgment and decision-making may be compared. Most importantly, these standards are justified independently of peoples' observable decision behaviour, and of whether or not one endorses these formal methods of reasoning.     

《中华人民共和国反垄断法》析评

The Anti-Monopoly Law of the People’s Republic of China has provided to prohibit monopoly agreements and abuse of dominant market position, control concentration of business operators and fight against administrative monopoly. The transformation of China’s economic system is incomplete, and the Anti-Monopoly Law has many flaws. At the initial stage of enforcing the Anti-Monopoly Law, severe challenges will occur in legislative purposes, enforcement authorities, fighting against administrative monopoly and handling of the relationship between anti-monopoly enforcement and industry supervision. Thus, the promulgation of the Anti-Monopoly Law is only the first step in the legislation on anti-monopoly. Wang Xiaoye held a bachelor’s degree of philosophy from Inner Mongolian Normal University (1981), LL.M. from Renmin University of China (1984) and Doctor Juris magna cum laude from the University Hamburg (1993). Since 1984, she works at the Institute of Law, Chinese Academy of Social Sciences (CASS). From 1988 to 1993, she studied in Germany based on Max-Planck Institute for Comparative Private Law. As visiting scholar she spent a year at Max-Planck Institute for Comparative Intellectual Property and Competition Law, and a year at Max-Planck Institute for Comparative Social Law in Munich. In 2004, she was invited to the US by the Antitrust Division of the Department of Justice. In 2005, she was invited to the European Union Visitors Program, and awarded a Fulbright Scholarship to spend a year at the Chicago-Kent College of Law. Prof. Wang works in the areas of economic law, international economic law, and focuses on competition law. Her publications include: Monopoly and Competition in the Chinese Economy — A conception for merger control in China in view of the American and German practices (J C B Mohr, 1993); Monopoly Problem in the Merger of Enterprises (Law Press, 1996); On Competition Law (China’s Legal Publishing House, 1999); Competition Law of European Community (China’s Legal Publishing House, 2001); Economic Law (Social Sciences Academic Press, 2005); Competition Law (Social Sciences Academic Press, 2007). She also has over 200 papers published in Chinese, German and English languages. Prof. Wang has served as vice president of National Association for Economic Law of China, the head of the Consultant Committee for WTO Trade and Competition Policy of the Ministry of Commerce, and member of the Expert Advisory Board for Anti-Monopoly Legislation of the State Council and the National People’s Congress. In her honor, she once lectured on competition law for the Standing Committee of the Ninth and Tenth People’s Congress. In international academic activities, she is a founding member of Academic Society for Competition Law (ASCOLA) and of the Asian Competition Forum, and member of International Advisory Board of the CUTS C-CIER. She lectured on Chinese law at ABA, IBA, IPBA, ACF, Harvard University, Columbia University, Washington University (St. Louis), New York University, KFTC, Chatham House, LIDC, IDRC and other institutions.     

走向文明的批评：现实与诗性之间——论埃·威尔逊的批评观

美国20世纪著名文学和社会批评家埃德蒙·威尔逊以不辍笔耕的半个世纪向公众展示了他独特的文学批评观.从早期的批评代表作品《阿克瑟尔的城堡》到后期的《走向芬兰车站》,威尔逊坚持认为文学批评是对一个民族文明发展轨迹的综合把握,这种综合是指文学批评的诗性、社会性和公共性的统一.只有这样,文学批评才能保持长久的生命力,才能更为有效地完成诠释文本、触动公众和服务社会的使命.     

In what format and under what timeframe would China take on climate commitments? A roadmap to 2050

Balancing China’s energy needs to fuel its rapid economic growth with the resulting potential impacts of climate change presents an enormous climate policy dilemma, not simply for China but for the entire world. This is the major reason why the role of China is an issue of perennial concerns at international climate change negotiations. In response to these concerns and to put China in a positive position, this paper maps out a realistic roadmap for China’s specific climate commitments toward 2050. Taking many factors into consideration, the paper argues that China needs to take on absolute emissions caps around 2030. However, it is hard to imagine how China could apply the brakes so sharply as to switch from rapid emissions growth to immediate emissions cuts, without passing through several intermediate phases. To that end, the paper envisions that China needs the following three transitional periods of increasing climate obligations before taking on absolute emissions caps that will lead to the global convergence of per capita emissions by 2050: First, further credible energy conservation commitments starting in 2013 and aimed at cutting China’s carbon intensity by 46–50% by 2020; second, voluntary “no lose” emission targets starting in 2018; and third, binding carbon intensity targets as its international commitment starting in 2023. Overall, this proposal is a balanced reflection of respecting China’s rights to grow and recognizing China’s growing responsibility for increasing greenhouse gas emissions as China is on its way to becoming the world’s largest economy.     

Contextual information management: An example of independent-checking in the review of laboratory-based bloodstain pattern analysis

This article describes a New Zealand forensic agency's contextual information management protocol for bloodstain pattern evidence examined in the laboratory. In an effort to create a protocol that would have minimal impact on current work-flow, while still effectively removing task-irrelevant contextual information, the protocol was designed following an in-depth consultation with management and forensic staff. The resulting design was for a protocol of independent-checking (i.e. blind peer-review) where the checker's interpretation of the evidence is conducted in the absence of case information and the original examiner's notes or interpretation(s). At the conclusion of a ten-case trial period, there was widespread agreement that the protocol had minimal impact on the number of people required, the cost, or the time to complete an item examination. The agency is now looking to adopt the protocol into standard operating procedures and in some cases the protocol has been extended to cover other laboratory-based examinations (e.g. fabric damage, shoeprint examination, and physical fits). The protocol developed during this trial provides a useful example for agencies seeking to adopt contextual information management into their workflow.     

文学史家也是文学批评家——从陈平原对夏志清的批评谈起

陈平原对夏志清文学史写作的批评中强调文学史与文学批评的分界,这一提法反映了美学对于文学史家只是辅助手段的偏见。过分注重演化价值的文学史写法带来一些消极的影响,即强调科学、实证的研究思维,忽略了作品与艺术家个性的关系以及艺术作品里隐含的世界观问题。文学史家在建构宏阔的史学框架时应同时具备对作品的想象性理解,因而优秀的文学史家也是文学批评家。     

Necessity for Legislation on China’s Recycling Economy and Regulatory Framework Analysis

In China, the necessity for legislation on recycling economy (RE) first lies in the difference in the conceptions applied to define it. Three schools in theory are prevailing at present: affirmative, negative, and replaceable. The paper insists that RE is of unique implication for China. A practical need for legislation exists; however, those rational parts in both negative and replaceable schools should be given full consideration. The necessity for RE legislation rests not only upon requirements for social and economic development but also upon economic globalization and the internalization of environmental protection. China’s RE legislation should learn from foreign countries, meet actual needs of the country, make sure to coordinate with clean production law, and make recommendations and options for legislative modes, principles, and systems. This paper is on the basis of Zhou Ke, Cao Jianqun, ”Necessity for Legislation on China’s Recycling Economy and Regulatory Framework Analysis”, Xinhua Digest (half monthly), Vol. 11, 2005(in Chinese)     

Anticipating the future use of safeguards by the EU and the US on China��s textiles & clothing exports

Textiles and clothing (T&C) trade after lapse of quotas in 2005 has revealed China’s overwhelming comparative advantage in the manufacture and export of T&C products. China’s advantage in this sector attracted the use of trade remedies by WTO members under WTO laws, often in a manner contrary to WTO norms. China has also been subjected to origin-specific safeguard regimes. The EU and the US have been leading users of safeguards against China’s T&C exports. The use of safeguards by the EU and the US raises a number of questions that impact on the future use of trade remedies by other countries. The use of safeguards also poses challenges for the multilateral trading system. This paper analyses the use of safeguards against China’s T&C exports with a view to anticipating the future use of safeguards in the quota-free trading environment for T&C.     

Erasing the misunderstanding on China��s Anti-Monopoly Law: A comparative study

As to the development of global competition law, China’s Anti-Monopoly Law (AML), being considered as a milestone for legalizing the institution of Chinese socialist market economy, has attracted a lot of attention from international communities. To improve the AML, it depends on self-constructing anti-monopoly law and absorbs foreign experiences by way of heated comments on the AML from international society and similar situations of China’s AML to the US Antitrust Law and the EU Competition Law.