地名资源商业化开发的法律秩序研究

我国是历史悠久、地大物博的文明古国,地名凝结着深厚的文化底蕴,承载着丰富的自然资源,具有巨大的商业开发价值。地名商业标志化实质上是将公共物品的某些要素变为私人物品,是公共资源的私有化、公权的私权化。这有助于创造商机,开拓市场,实现生产的专业化、产业化和规模化经营,增强我国商品和服务的国际竞争实力。但是,地名资源的商业开发必须尊重社会公共利益,依法有秩序、公平地进行,才能形成良性循环的生产经营环境。     

Water always finds its way: Identifying new forms of money laundering

Money laundering regulations have become stricter over time and involve more and more actors. This means that the accountability of laundering regulation will become more important; theoretically, money laundering should have decreased with the implementation of new regulations. However, as this paper shows, it is difficult to estimate even the sign of the trend in the proceeds of crime and of laundering over time with particular reference to the drug trade. There seems to be a substitution from hard to softer drugs, and no substantial decline in the proceeds of crime and likewise no substantial decline in money laundering. Criminals seem to switch from the more controlled banking sector into still less controlled parts of financial markets, and from financial markets to other sectors. These new sectors include electronic payments, trade and real estate. The paper shows how one can empirically approach the latter two by using economic information of unusual prices and other characteristics in order to identify the amount of laundering in these sectors. Combining economic information with criminological data facilitates the development of a new tool for identifying money laundering in some important sectors.     

State criminality and the “new” world order

B.A., Bowdoin College 1976; J.D., Harvard University 1980. I acknowledge with gratitude the assistance of Joni Charme, Adam Greenstone, and Bill Graves.     

The difference between drug money and a "lifetime's savings"

In many countries, monies suspected of being associated with drug trafficking can be seized by the authorities. One of the ways of investigating this association is through the analysis of seized banknotes for traces of controlled drugs. We report three studies which may assist the expert in assessing whether banknotes contaminated with diamorphine are part of the general population of notes in circulation or whether they show unusual contamination patterns which require explanation. Study 1 is based on three plausible contamination scenarios as they may occur during the various stages of an illicit drug transaction and seizure. It shows that notes which have been in direct contact with visible traces of diamorphine show significantly higher contamination to those in more indirect contact with the drug. Study 2 investigates the transfer of diamorphine from one highly contaminated note to other notes in a bundle over a period of 10 weeks with and without agitation. It was found that the total amount of drug transferred was smaller than 6% and no more than 4 out of a bundle of 10 previously clean notes became lightly contaminated. Based on extensive background data, study 3 proposes a probabilistic model to assess whether an observed proportion of diamorphine bearing banknotes is likely to have been contaminated by chance. The model predicts that there is only a 0.3% chance that a bundle of 100 notes from the general banknote population contains more than six contaminated specimens. Jointly, the three studies give useful indications for the spread of contamination throughout a sample and the amounts of heroin which may be expected given plausible contamination scenarios.     

The emperor's cloths of disclosure: Hot money and suspect disclosures

This paper describes the results of the analysis of the Dutch database of suspect financial transactions for the years 1994-1996. It provides a detailed insight into the money volume at risk, the reasons for disclosure and the persons and corporations involved. The results show that from the start 48% of the disclosed money reports had to be discarded as there was either no money involved or there was no crime-money. The remaining database showed that all the distributions were very skewed resulting in the conclusion that “few move little money and few move much” or 179 persons were responsible for 89% of the disclosed money movements. The paper raises some questions about the assumptions underlying the anti-money laundering policy and the requirements for designing an adequate disclosure system at a European level. This revised version was published online in July 2006 with corrections to the Cover Date.     

Sugar coated bullets: Corruption and the new economic order in China

The recent political debate concerning the influence of corruption on the new economic order in the People's Republic of China is unique not only for its detailed and public manifestations, but also because it works around the acceptance of some degree of corporate private ownership of the means of production within China. The concern for corruption in Chinese government and commerce is not, of itself, novel.We prefer in this paper briefly to focus on the economic and political environment from within which this concern has been generated, to comment on the significance for the Government of the PRC in associating the pall of corruption with the undermining of more capitalist economic reform, and then to examine how the legal definitions and controls on corruption have been transformed to complement a new political agenda. Associated with this, it has been necessary to advance some rather tentative predictions concerning the development of new anti-corruption initiatives in the PRC, their justifications, and pressures on the economic transition which is said to be corruption generative.Speculation about the future face of economic corruption in China is of limited value when one is interested in questions of regulation and control. As the definition, indication and interpretation of corruption is a political process which may pay little regard to realistic indicators, so too the creation of control initiatives may not be dependent on predictions of actual developments in graft. We have endeavoured to show that recent regulatory programmes in the PRC themselves indicate much about the commercial contradictions that underly the new economic order, as well as evidencing the socio-legal dilemmas inherent in anti-corruption official discourse.     

洗钱犯罪的特点与防治

改革开放以来,我国的经济、社会发展日新月异,一方面国力大大增强,人民的物质文化生活水平明显提高;但另一方面,也产生了一些新的犯罪诱因,贩毒走私、黑社会性质犯罪死灰复燃,犯罪的有组织化程度有很大提高,国外犯罪组织加强渗透,从而导致了新型犯罪--洗钱犯罪的出现,并呈现蔓延之势,本文就洗钱犯罪的特点与防治进行粗略探析。     

反洗钱情报在侦查中的深度应用

发达国家及国际组织纷纷认识到了通过对金融系统资金交易进行监控,利用了解客户身份、保持记录制度、大额和可疑交易报告制度等反洗钱制度来发现犯罪线索、截留犯罪收益、追查犯罪嫌疑人的重要性。许多犯罪涉及到犯罪资金的流动,经侦、刑侦、禁毒、反恐等侦查部门应充分认识到反洗钱情报在侦查中的重要作用,通过建立包含金融、税务、海关、公安...     

The organisational and geographic diversity and innovation potential of EU-funded research networks

The Journal of Technology Transfer - Public funding of research improves the systemic conditions of entrepreneurial ecosystems. It provides early-stage financing to technologies that form the basis...     

The rate and kinetic order of ethanol elimination

The rate and kinetic order of ethanol elimination was evaluated in human volunteers. Part I of the study involved dosing individuals with alcoholic beverages on two separate occasions. Breathalyzer tests were performed at 15-min intervals for a period of 5 h. Attention was focused on values obtained after peak blood ethanol levels had been reached. The second part of the study included having samples drawn from alcoholics at predetermined intervals during recovery from alcoholic intoxication. Blood ethanol concentration data was analyzed for kinetic order and a comparison of ethanol elimination rates of alcoholics and non-alcoholics was made. The predicative capability of estimating a BAC from both the zero and first order theories was also investigated.It was concluded that ethanol elimination is a zero order process. For subjects classified as non-drinkers (consume less than 6 ounces of ethanol/month), the mean ethanol elimination rate as determined in the study was 12 ± 4 mg/h. For subjects classified as social drinkers (consume more than 6 ounces but less than 30 ounces of ethanol/month), the mean ethanol elimination rate was 15 ± 4 mg%/h, and for alcoholics, the mean ethanol elimination rate was 30 ± 9 mg%/h. These results indicate that the rate of ethanol elimination increases with drinking experience.     

The Banco Delta Asia affair: The USA patriot act and allegations of money laundering in Macau

The anti-money laundering laws of the US are the most powerful in the world. Their broad provisions and extra-territorial reach pose risks to financial institutions around the world. Although they are not widely understood, recent cases demonstrate how these laws operate. In this paper I briefly describe Macau, the new gambling capital of the world; analyze the alleged role of Banco Delta Asia (BDA), a small, family-owned bank in Macau, in money laundering on behalf of North Korea; and offer some observations on the controversial use of Section 311 of the USA Patriot Act.     

Human rights and money laundering: The prospect of international seizure of defense attorney fees

Conclusion At bottom, the power of the state to intervene and effectively control the relationship of a private attorney with that lawyer's client before trial and conviction is simply too onerous to be justified on the basis of crime control alone. The most persuasive arguments inMonsanto andCaplin & Drysdale are those of the dissent, which relied on the centrality to the sixth amendment of the relationship of trust that is fostered in the private attorney-client relationship. The failure to honor the right to counsel of choice results, as the dissent noted, in the possibility of the socialization of criminal defense services and diminution of counsel's independence.These conclusions, of course, are statements of policy, not empirically provable propositions. Major human rights instruments, as well as their interpretation by tribunals, express a policy of overwhelming and explicit commitment to the right to a fair trial, to equality of arms, to the presumption of innocence, to protection from undue government interference with chosen counsel, and to the right to counsel of choice itself. It can only be hoped that these provisions will persuade the European Court of Human Rights to strike the balance of policy equities in favor of protection of the accused.This paper was originally presented as part of a panel on International Human Rights and International Criminal Law, at the American Bar Association annual meeting, Atlanta, Georgia, U.S.A., August 13, 1991.B.A., De Pauw University 1965; J.D., University of Illinois 1972.     

The FTC issues remedy order in the Rambus matter

The FTC ordered compulsory licensing at fixed royalty ratesof the computer memory products developer's SDRAM and DDR SDRAMtechnologies, also ordering Rambus to desist from lying to standard-settingorganizations (SSOs) regarding its patents and patent applications.