Introduction: Governing Regulatory Interaction: the Normative Question

Abstract:  The demise of the Keynesian National Welfare State and its transformation into a more competitive and interactive unit of governance has given rise to an increased interest in the processes that are shaping the legal framework for markets. For several decades, one force has been taken to be tantamount to the law of nature governing the interaction between jurisdictions, namely, the force of regulatory competition. However, this model is open to severe criticism of its emphasis on efficiency. First, elected decision-makers may not be interested in efficiency gains regardless of where the resulting distributive consequences may fall. Second, we suggest the theory of regulatory competition has a federalist bias that potentially blinds it to institutional alternatives. The model also rests on unexamined normative premises. Research has shown that competition is only one mode of regulatory behaviour. Cooperation and information flows play important roles in shaping regulatory activity as well. We contend that a more satisfactory model of regulatory interaction needs to take into account a variety of agents, standards, and systems. In devising such an alternative model, a satisfactory theory would have to understand the multiplicity of relevant agents beyond the narrow confines of the traditional nation-centred federal model. Standards guarding regulatory interaction would—not dissimilar to competition law—have to state its own limitations.     

Willingness to Cooperate with the Police in Four Central European Countries

Social order and security depend on mutual cooperation between the police and the public. Since the majority of crime is not detected by the police itself, informal control is needed to ensure order in society. This article aims to describe the circumstances under which people´s willingness to cooperate with the police is enhanced. Recent studies show that public compliance and cooperation with authorities who carry out criminal proceedings are linked with the extent to which people perceive these authorities as trustworthy and legitimate. Importantly, trust in police procedural fairness leads to the perception that institutions of justice are legitimate, which in turn enhances people´s willingness to cooperate with them in order to fight crime and disorder. This normative perspective is supported in many European countries. However, evidence exists that instrumental judgements, which focus on one´s self-interest and on outcomes of the justice system, could also be important in some countries. Drawing on procedural justice theory, we examine the importance of normative and instrumental factors in eliciting people´s readiness to help the police fight crime in four Central European countries: the Czech Republic, the Slovak Republic, Hungary, and Poland. While the procedural justice pattern, i.e. the normative perspective, holds well in the Czech Republic and Hungary, in other analysed countries trust in police effectiveness or fear of crime, i.e. instrumental judgements, are relevant too.     

Effects of Victimization on the Belief in a Just World in Four Ex-Yugoslavian Countries

Levels of support for just world beliefs among young adults (N = 598) from four ex-Yugoslavian countries—Bosnia and Herzegovina, Croatia, the former Yugoslav Republic of Macedonia, and Slovenia—were compared, taking into account victimization experiences and the general belief in a just world. Being a victim affected an individual’s belief in a just world in the two less economically favored contexts: Victims of exclusion in Macedonia and victims of war in Bosnia and Herzegovina were less likely to believe in a just world than non-victims. These victimization variables partly explained why the mean scores of these two countries were less than those of the two others. A deleterious effect of cumulative negative events on belief in a just world was identified, in parallel with a lower endorsement of the belief when the first victimization occurred more recently.     

China's Legal and Policy Frameworks for Access to Genetic Resources and Benefit-Sharing from their Use

Access to genetic resources and benefit-sharing has been an issue heatedly debated and negotiated in the past decade, at both national and international levels. While most of the international negotiations are slowly dragging on, countries have begun to turn to national legislation or policy making to safeguard their interests. As one of the countries rich in genetic resources, China's responses under these circumstances are important in shaping the final outcomes of the international negotiations, but also the future implementation of relevant international instruments, if any. This article captures important access and benefit-sharing-related provisions or elements in China's key related laws and policies, in particular the most recent ones, with a view to identifying existing gaps and future challenges.     

Four Lessons for Developing Countries from the Trade Negotiations Over Access to Medicines

After the Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS) came into operation in 1995 developing countries have found themselves in a process of continual negotiation over intellectual property rights and access to medicines. These negotiations have taken place in the World Trade Organization and in the context of free trade agreements. The paper suggests that the only real win for developing countries has been the Doha Declaration on the TRIPS Agreement and Public Health in 2001. What have been the lessons for developing countries in a decade of negotiations over access to medicines? Drawing on themes of rule complexity and regulatory ritualism the paper discusses four key lessons for developing countries. It concludes by arguing that developing countries will do better if they adopt a networked governance approach to negotiation rather than continuing to rely on traditional coalition formation.     

转基因技术专利保护对发展中国家遗传资源的影响--对TRIPs和CBD为背景

转基因技术诞生于二十世纪下半叶，已经被广泛应用于医药、农业等领域，是二十一世纪的朝阳技术。但是，发达国家凭借其生物技术优势，特别是透过TRIPs协议框架，采取专利保护方式，对发展中国家遗传资源进行掠夺，这与CBD体系下的基因资源保护背道而驰。发展中国家必须合理利用CBD机制予以积极应对，维护本国利益。     

论社会转型中的社区管治与社区警务

我国现阶段的社会转型对社区管治与社区警务产生着深刻的影响,使社区的管治环境、人际关系、管治方式和治安生态发生了重大变化。在对社区实施的政府管理与居民自治中,政府管理是主导,需要通过完善的居民自治才能最大限度地发挥管理作用;居民自治是基础,只有在政府引领下才能充分实现自治功能。社会转型期的社区警务活动,应当立足社区履行公安社会管理职能,充分利用社区资源改善警务运行条件,建立和谐警民关系为社区建设提供治安保障。     

中国北方汉族群体多巴胺受体D5基因4个SNP遗传多态性

目的调查多巴胺受体D5(dopamine receptor D5,DRD5)基因rs77434921、rs2076907、rs6283、rs1800762 4个SNP位点在中国北方汉族群体中的遗传多态性分布。方法采用PCR测序方法对中国北方汉族206例个体的4个SNP位点进行检测,应用Haploview v4.1软件进行统计分析。结果在中国北方汉族群体中rs77434921、rs2076907、rs6283、rs1800762位点的基因型频率分布均符合Hardy-Weinberg平衡。个体识别能力(DP)分别为0.145、0.532、0.602、0.159,非父排除率(PE)分别为0.004、0.079、0.196、0.007。4个SNP处于连锁不平衡状态,可以组成5种单倍型。结论中国北方汉族人群DRD5基因rs2076907与rs6283位点多态性分布较好,在法医学个体识别与亲子鉴定中具有一定的应用价值。     

Variations in Regulatory Enforcement Styles

This paper examines intra- and inter-agency variations in the enforcement styles of three regulatory inspectorates in Great Britain. It is argued that the accommodative approach typically associated with regulatory enforcement is not a homogeneous and uniform concept, rather it embraces a range of strategies. These are described and a variety of organisational, social and political factors are considered as explanations of the variations which arise.     

Accountability in the Regulatory State

Accountability has long been both a key theme and a key problem in constitutional scholarship. The centrality of the accountability debates in contemporary political and legal discourse is a product of the difficulty of balancing the autonomy given to those exercising public power with appropriate control. The traditional mechanisms of accountability to Parliament and to the courts are problematic because in a complex administrative state, characterized by widespread delegation of discretion to actors located far from the centre of government, the conception of centralized responsibility upon which traditional accountability mechanisms are based is often fictional. The problems of accountability have been made manifest by the transformations wrought on public administration by the new public management (NPM) revolution which have further fragmented the public sector. In this article it is argued that if public lawyers are to be reconciled to these changes then it will be through recognizing the potential for additional or extended mechanisms of accountability in supplementing or displacing traditional accountability functions. The article identifies and develops two such extended accountability models: interdependence and redundancy     

Regulatory Analysis in Corporate Law

Drawing on recent experiences in the US, UK, and EU, this article suggests that regulatory analysis of corporate law policies, as currently understood and applied, suffers from severe weaknesses. The effects of proposed corporate law policies are often difficult to predict and even more difficult to quantify, which negatively impacts analytical reliability. Moreover, given its nature and strong intersections with economic, societal and political issues, corporate law is less amenable to technocratic assessments than other areas of law. Based on three case studies, the article explores these problems. It outlines a revised ‘procedural’ view, suggesting that regulatory analysis in corporate law should be understood as a process for enhancing information, transparency, and monitoring, independently of specific normative criteria. This leads to several implications. In short, regulatory analysis should combine quantified analysis with leeway for regulatory judgment and focus on increased consultation, critical engagement, review, and transparency as the dominant guiding factors.     

Adapting to Changing Legal Frameworks: Mozambican Refugees in South Africa

This paper argues that legal frameworks to manage immigrationand refugee rights need to be understood from below, namely,how they are interpreted and used locally by the immigrantsaffected and by the host communities, in their specific historicalcontext. Using the case of Mozambican refugees in South Africa(1985–2006), the paper outlines why many of the policiestargeted at or affecting this group of immigrants have had counterproductiveeffects (from the perspective of policy makers) because of thedisjuncture between the goals and assumptions of the legal frameworkand the reality experienced and desired by the refugees. Thesituation of Mozambican refugees in South Africa over the pasttwenty years has been shaped by a radically changing legal context.These changes are charted and matched with how Mozambican refugees,especially those settled in the rural border areas, have adaptedto, made use of and subverted the various legal constraintsand opportunities provided by the South African state and itslocal representatives.     

小型实验室专用亲子鉴定管理软件的开发与应用

目的开发小型实验室适用的亲子鉴定管理软件,提高工作效率。方法选用简单易用的MicrosoftVBA语言,结合MicrosoftWord和Excel软件,利用宏功能,设计小型实验室专用亲子鉴定管理软件,使之包含数据录入及维护、亲权指数及相对亲权关系概率计算、报告形成及打印三大模块。结果试用证实:基于VBA语言的“亲子鉴定通”软件能用于亲子鉴定案例信息管理及报告打印,提高鉴定工作效率和工作质量。结论基于VBA语言的“亲子鉴定通”软件适用于小型实验室的亲子鉴定管理工作。     

Regulatory competition in European company law

States have customarily tended to compete with one another. Not always, however, is this tendency, or the underlying methods put to use, obvious. That states (provincial divisions in the US) were competing to attract incorporations by relaxing their regulatory standards, couldn’t be seriously observed and highlighted until mid-1970s. Today, a few would doubt the existence of regulatory competition in corporate law in the US. In this paper, the author examines the issue whether the EU is (likely to be) engaged in regulatory competition in the area of company law. Answering the question in affirmative, the author proceeds to examine the strength of the race to the bottom and the race to the top theories, as developed and argued in the US, for the European setting. Since the legal systems of Member States of the EU have certain very disparate “core values” along which those systems have historically developed, relaxation of standards in the EU would take place against different variables. Because of the multitude of variables, comparable variables are unlikely to yield comparable results; either of the race theories is unlikely to satisfactorily predict the regulatory behaviour of EU Member States. Instead, since “laxation” in respect of one variable would be met by “optimisation” in respect of the other, there is likely to be simultaneous races to the top and to the bottom among the EU Member States.     

坚持依规治党

坚持依规治党,事关党长期执政和国家长治久安。在新时代中国特色社会主义战略布局中,依规治党是党的领导与党的建设、管党治党与制度建设、治理与法治、党内法规与国家法律等若干重大主题的交汇点,一通百顺、一堵百塞。坚持依规治党,要学习贯彻习近平依规治党思想,治党必依党规、党规必成体系、立规必重质量、执规必动真格,全方位推进党内法规制度建设。     

论上市公司收购中一致行动的法律规制

由于证卷市场固有的缺陷 ,证券立法对公司收购进行全面规制就成为一种必然。然而 ,我国现行证券立法的缺憾之一就是缺乏对上市公司收购中一致行动的明确规定。宝延风波表明对一致行动进行规制已成为现实的需求。为了保障投资者利益 ,维护证券市场秩序 ,我们必须建立规制一致行动的法律制度。