对我国有问题金融机构监管法律制度的实证分析

对有问题金融机构的监管是一国金融法律制度构建中的一个重要环节。在具体的处置措施上,其不仅包括硬性的市场退出机制,相反更包括相应的援助体系。我国现在正处于一个金融法律制度的整合及与国际对接时期,所以对我国相关有问题金融机构的法律制度进行一个公正与客观的梳理具有非常深远的意义。     

A Discourse-Theoretical Conception of Practical Reason*

Abstract
Contemporary discussions about practical reason or practical rationality invoke four competing views which can be named as follows by reference to their historical models: Aristotelian, Hobbesian, Kantian and Nietzschean. The subject-matter of this article is a defence of the Kantian conception of practical rationality in the interpretation of discourse theory. At the heart, lies the justification and the application of the rules of discourse. An argument consisting of three parts is pre sented to justify the rules of discourse. The three parts are as follows: a transcen dental-pragmatic argument; an argument which takes account of the maximisation of individual utility and an empirical premise about an interest in correctness. Within the framework of the problem of application, the article outlines a justification of human rights and of the basic institutions of the democratic constitutional state on the basis of discourse theory.     

Practical Logic and the Analysis of Legal Language*

Abstract. One of the theses of the present work is that, at the strictly logical and methodological level, practical logic has neither made, nor can it make any contribution to the philosophy of law, since none of the three branches of practical logic that have been taken into account, namely, the logic of norms, deontic logic and legal logic, seems to be theoretically possible. The contribution of practical logic to the analysis of legal language is assessed in terms of both the instruments of analysis elaborated by practical logic, the artificial languages, and the results obtained in two capital subjects, the negations of norms and the permissions.     

Conflicting Views on Practical Reason. Against Pseudo-Arguments in Practical Philosophy*

Abstract
The author distinguishes two concepts of practical reason: (a) practical reason as a source of practical principles, and (b) practical reason as the theory of thought operations connected with action. He proves that there is no practical recognition in the sense (a). We can deal with actions only on the basis of dichotomic semantics. Critical analyses of some theories of practical reason are presented (Kant, Lorenzen, Apel, Alexy). The critical part of the paper mainly concerns the discourse theory and its implications for practical philosophy and jurisprudence.     

公共企事业单位应如何信息公开

《政府信息公开条例》第37条设置了不同于"行政机关"的"公共企事业单位"信息公开义务,由此,依据怎样的规范以怎样的方式公开信息等等问题成为当前亟需解决的课题。本文首先将第37条置于该条例整体中进行定位分析,确定了该条作为连接规范的地位,从而使前36条整体构成了第37条的解释基础,并通过确立"最少存留适用"等规则以及"主体类同"和"职能类同"的解释方法赋予"参照"具体的内涵,由此整理规范对象行为与不予公开的信息种类之间的一般属性和特殊性,以及审查程序与救济相关事项之间的关系,为公共企事业单位的信息公开建立了基本的适用规范。     

重大突发公共卫生危机下的药品专利强制许可——现实需要、伦理因应与法律安排

新型冠状病毒肺炎于2019年底在我国爆发并迅速扩散,引发了全国性的重大突发公共卫生危机。为实现特效专利药品的充分供给,实施药品专利强制许可是最为高效的选择,不仅可以消解药品专利市场运营中所固有的“反公有地”悲剧,同时也可以有效规避药品专利国际合作中技术劫持与贸易倾轧。对于以人为本的主体性原则和与人为善的有益性原则两项伦理准则的遵循,保证了药品专利强制许可实施的伦理正义;而对于药品专利强制许可申请主体扩展和药品专利强制许可补偿标准细化两项法律完善举措的采取,则使我国药品专利强制许可机制克服了自身缺陷,能够在实践中有序运行,为重大突发公共卫生危机的化解提供制度支撑。     

Extracting Concealed Information from Groups*

Abstract: Lie detection procedures are typically aimed at determining guilt or innocence of a single suspect. Serious security threats, however, often involve groups, such as terrorist networks or criminal organizations. In this report, we describe a variant of the skin conductance‐based Concealed Information Test (CIT) that allows for the extraction of critical information from such groups. Twelve participants were given information about an upcoming (mock) terrorist attack, with specific instructions not to reveal this information to anyone. Next, each subject was subjected to a CIT, with questions pertaining to the details of the attack. Results showed that for every question, the average skin conductance response to the correct answer option differed significantly (p < 0.05) from those to all other options. These results show that the information about the upcoming attack could be extracted from the group of terror suspects as a whole.     

Return on Investment in Innovation: Implications for Institutions and National Agencies*

Commercial success in universities in the USA and Canada has resulted in many other countries taking steps to emulate this performance and major technology transfer and commercialisation support programmes have been launched in UK, Europe, Australia, Japan and many other countries—including South Africa. Unrealistic expectations have, however, been generated by the spectacular successes of a relatively few institutions and it is not always realised that the success from commercialisation is proportional to the magnitude of the investment in research. Without a well funded, high quality research system, it is not possible for technology transfer to make any significant contribution to economic development. The possible economic returns to higher education institutions from commercialisation of research can be estimated using international benchmarks. This forecast uses a combination of an institutional return on investment model and a simple economic projection. The model is generic and can be adapted for use in any institution. As more data becomes available from local (and international) sources, the model will be refined to give better estimates. The model is dynamic and shows, quantitatively, why it can take up to 10 years for an institution, and 20 years nationally, to attain a positive rate of return from an investment in research and technology transfer. The model enables the long-term impact of policy decisions, in an institution and nationally, to be examined and alternative scenarios explored. The performance of individual institutions is, however, highly variable and unpredictable. This is even for those institutions that are comparable in size and maturity. A large portfolio of patents and licences is required to give a reasonable probability of positive returns. This may be possible at a national level, but is problematic in smaller institutions—and smaller countries. Because the benefits of the innovation system are captured largely at national level, with institutions having a high uncertainty, public sector support to reduce the institutional risk is necessary to assist institutions to make the necessary investments. Technology transfer is of course only one element of the overall research and innovation value chain. All elements must be functioning effectively to derive the economic and social benefits from research. In addition to a strong research system, adequate incentives must exist to encourage academics to participate, particularly with regard to the crucial initial step of invention disclosure. After disclosure, sufficient institutional capacity must be in place to take an idea, evaluate it, protect the intellectual property appropriately and then seek a path to commercialisation through either licensing or start-up company formation. *Based on the paper “Return on Investment in Innovation: Implications for Institutions and National Agencies” presented at The First Globelics Conference on Innovation Systems and Development Strategies for the Third Millennium, Rio de Janeiro, November 2003.     

Practical Aspects of Analyzing Vegetable Oils in Fire Debris*

Abstract: Vegetable oils undergo burning, self‐heating, and spontaneous ignition, resulting in their presence in fire debris. As these processes can affect the fatty acid content of vegetable oils, it is important that debris be properly handled in order to obtain reliable and informative data. This research investigated changes in vegetable oil content as a result of storage conditions and different types of burning. Material spiked with vegetable oils and burned was stored under various long‐term conditions, and debris was tested by heating overnight using passive headspace concentration. Results indicated that refrigeration is ideal for fire debris samples suspected of containing vegetable oils and that including passive headspace concentration in the analytical scheme would not affect oils. Spontaneous ignition experiments were conducted to compare the effects of various burning processes on vegetable oil content. Vegetable oils that experienced nonpiloted ignition, self‐heating, and spontaneous ignition produced noticeably different chromatograms from those that underwent piloted ignition.     

Norms,Institutions, and Institutional Facts

Norms explained as grounds of practical judgment, using example of queue. Some norms informal, inexact, depend on common understanding (‘conventions’); some articulated in context of two-tier normative order: ‘rules’, explicit or implicit. Logical structure of rules displayed. Informal and formal normative order explained, ‘institutional facts’ depend on acts and events interpreted in the light of normative order. Practical force of rules differentiated; either ‘absolute application’ or ‘strict application’ or ‘discretionary application’, depending on second-tier empowerment. Discretion can be guided by values, principles standards. Pervasiveness of institutions and institutional facts, especially but not only in relation to institutions of state-law, including constitution and state-institutions. Searle's and Ruiter's theories of institution, institutional fact, considered: ‘constitutive rule’ rejected in favour of ‘underlying principle’, structure of ‘institutive, consequential and terminative’ rules explained and defended. Ruiter's conception of ‘institutional’régime' considered and adopted, validity of norms and normative 'régimes' considered and differentiated from truth of statements of institutional fact.     

A Practical Guide to the Transfer of Trusteeships * By Richard Williams, Arabella Saker and Toby Graham

Earlier this month saw the publication of the widely anticipatedand much welcomed ‘Practical Guide to the Transfer ofTrusteeships’, produced under the stewardship of STEPand edited by the triumvirate of Richard Williams, Toby Grahamand Arabella Saker. The book has a spectacularly wide remit in addressing not onlymatters of English Law, but also the jurisdictions of the Bahamas,Bermuda, BVI, Cayman Islands, Guernsey, Hong Kong, Isle of Man,Singapore and Jersey. In     

浙江省安全信息化建设的实践研究

本文在总结浙江省安全信息化建设的工作经验的基础上,分析了该省安全信息化建设中存在的主要问题和解决办法,探索布置安全信息化建设科学发展的工作思路,对全面建立安全生产监管的信息系统,推进安全信息化建设的持续发展,促进浙江安全生产状况根本性好转具有非常重要的现实意义.     

法官判决的制度表达与实践——从制度经济学角度看法官判决时的非正式制度倾向

笔者通过一个案例,运用制度经济学的方法,分析了中国背景下法官判决时存在的非正式制度倾向问题。尽管制度表达上法官应以法律规则作为判案依据,但在实践上,法官基于成本收益的衡量,会发展出另外一套“行动规则”。国家、法官和当事人之间的博弈以及非正式制度的比较优势是造成目前现状的主要原因。     

劳教（戒毒）场所实现规范化管理的实践途径

劳教（戒毒）场所规范化管理是社会管理创新的重要组成部分。在劳教（戒毒）场所开展＂规范化管理年＂活动,既是贯彻落实中央关于加强和创新社会管理重大决策部署的重要举措,又是为加强和创新社会管理创造新方法、提供新经验,从而推进社会管理创新实现新突破、取得新实效。     

Of Austerity,Human Rights and International Institutions

Austerity measures have led to the denial of social rights and widespread socio‐economic malaise across Europe. In the case of countries subjected to conditionality imposed by international institutions, the resultant harms have highlighted a range of responsibility gaps. Two legal developments come together to expose these gaps: Greece's argument in a series of cases under the European Social Charter that it was not responsible for the impact on rights brought about by austerity measures as it was only giving effect to its other international obligations as agreed with the Troika; and the concern to emerge from the Pringle case before the European Court of Justice that European Union (EU) institutions could do outside of the EU what they could not do within the EU ‐‐disregard the Charter of Fundamental Rights. That the Commission and the European Central Bank were in time answerable to international organisations set up to provide financial support adds an additional layer of responsibility to consider. Taking Greece as a case study, this article addresses the imperative of having international institutions respect human rights.     

区域特征、区域制度与人权

有关人权侵犯的解释并存于全球、国家和地区三个分析层面。区域特征是决定普遍规范进入国家层面实践的一种重要介入途径。包括经济发展、分配、民主、文化、地区人权制度等在内的区域因素会改变全球规范和制度的功效。     

Electoral Institutions,the Personal Vote,and Legislative Organization

What is the relationship between electoral institutions and the internal organization of legislatures? Existing research on the U.S. Congress suggests that electoral incentives shaped by the candidate‐centered nature of congressional elections explain the emergence of strong committees in that legislature. Exploring the issue from a comparative perspective, it is argued that the impact of ballot structure on committee system structure is dependent on how legislators cultivate personal votes. Committees will be stronger when legislators supply fiscal legislative particularism (pork), but weaker when legislators cultivate support by delivering extra‐legislative constituency service. Statistical analysis, combining original data on committee design in 39 democratic legislatures with measures of ballot structure and mechanism to cultivate a personal vote (MCPV), confirms the expectation.