治理行业强迫交易行为与构建社会主义和谐社会

研究和治理行业强迫交易行为，是市场经济发展的必然要求，是构建社会主义和谐社会的前提。本文列举了不同行业强迫交易行为的不同表现形式，剖析了行业强迫交易行为存在的主要原因及法律特征，提出了应制定、修改和完善行业立法等有效治理行业强迫交易行为的对策。     

Libertarian Paternalism,Externalities, and the “Spirit of Liberty”: How Thaler and Sunstein Are Nudging Us toward an “Overlapping Consensus”

In their 2008 book Nudge: Improving Decisions about Health, Wealth, and Happiness, Richard Thaler and Cass Sunstein use research from psychology and behavioral economics to argue that people suffer from systematic cognitive biases. They propose that policy makers mitigate these biases by framing people's choices in ways that help people act in their own self‐interest. Thaler and Sunstein call this approach “libertarian paternalism,” and they market it as “the Real Third Way.” In this essay, I argue that the book is a brilliant contribution to thinking about policy making but that “choice architecture” is not just a solution to the problem of cognitive biases. Rather, it is a means of approaching any kind of policy making. I further argue that policy makers must take externalities into account, even when using choice architecture. Finally, I argue that libertarian paternalism can best be seen as motivated by what Sunstein has celebrated in his work on constitutional theory: a humility about the possibility of policy‐maker error embodied in Learned Hand's famous aphorism about the “spirit of liberty” and an attempt to reduce social conflicts by searching for what John Rawls called an “overlapping consensus.”     

Law, Finance, and Politics: The Case of India

The liberalization of India's economy since 1991 has brought with it considerable development of its financial markets and supporting legal institutions. An influential body of economic scholarship asserts that a country's "legal origin"—as a civilian or common law jurisdiction—plays an important part in determining the development of its investor protection regulations, and consequently its financial development. An alternative theory claims that the determinants of investor protection are political, rather than legal. We use the case of India to test these theories. We find little support for the idea that India's legal heritage as a common law country has been influential in speeding the path of regulatory reforms and financial development. Rather, we suggest there are complementarities between (1) India's relative success in services and software; (2) the relative strength of its financial markets for outside equity, as opposed to outside debt; and (3) the relative success of stock market regulation, as opposed to reforms of creditor rights. We conclude that political economy explanations have more traction in explaining the case of India than do theories based on "legal origins."     

Fredrick Siebert's Absolute,Adjustable First Amendment

Fredrick Siebert is known for his analysis of the role of "stresses" in shaping freedom of expression. How flexible did he think First Amendment rights should be? His career and writings are examined to identify his positions and to understand how they may have been formed. Siebert believed that the founders were absolutists on government restraints, and he questioned subsequent efforts to define liberties in other ways. Like a scholar who influenced his career, Willard Bleyer, Siebert was a prominent journalism educator who could be a critic of the media. While Bleyer complained about communication monopolies and called for self-regulation, Siebert generally took a libertarian approach. He wanted protection for the business interests of the press and few, if any, government restrictions on content.     

IMF职能改革：美国的观点及其评析

金融危机的频繁发生对于国际货币基金组织及其职能提出了挑战,国际社会对于IMF改革的呼声日益高涨。美国关于IMF职能改革的主流观点是要进一步强化其危机预防和管理职能,反对为克服金融危机而提供大规模援助。这一观点既具有合理性,也存在明显的缺陷和不足。国际货币基金组织的改革应遵循公平、公开的原则,要加快制度创新和完善治理结构,其职能应随国际经济环境变化及时加以调整和不断完善。     

The state of nature and the evolution of political preferences

Analysis of governmental institutions often proceeds from ahypothetical 'state of nature', according to which humans areanalyzed as if they once existed as solitary individuals withno rules. Humans have never existed as humans in such an environmentbut have always been a group-living species. Rules have evolvedwith humans and were never 'created' de novo. Evolved ruleshave implications for contemporary governance. Human groupshave always been in conflict, and rules distinguish betweengroup members and outsiders. These rules have proved remarkablyflexible. Some rules regulate private conduct of group members.Although the desirability of these rules today is unclear, Iargue that a libertarian regime would have been unstable, whichmay explain why there are few persons with tastes for libertariangovernments. This analysis further explains why utility functionscontain elements of envy. Rules of property, contract, and hierarchyare well developed and universal among humans.     

Front‐of‐Pack Food Labeling and the Politics of Nutritional Nudges

This article examines the potential for new front‐of‐pack (FOP) nutrition labeling initiatives to nudge consumers toward healthier food choices. The libertarian‐paternalist approach to policy known as nudge initially developed by Thaler and Sunstein is discussed, with its emphasis on designing spaces (including the space of the food label) to shape the behavior of individuals while not restricting consumer choice or imposing restrictions or penalties on producers. In the context of concerns over diet‐related chronic diseases and obesity, new FOP interpretive nutrition labels have been proposed or implemented in an attempt to shift consumer dietary choices, including the Multiple Traffic Light labeling system in the United Kingdom and the Health Star Rating system in Australia. We identify some of the characteristics, the underlying nutritional philosophies, and the limitations of these FOP labeling schemes. We suggest that the potential of these schemes is compromised by the coexistence on the food label of many other forms of nutrition information and food marketing. Some alternative ways of labeling and communicating the nutritional quality of foods are also discussed.     

Empowerment of Whom and for What? Financial Literacy Education and the New Regulation of Consumer Financial Services

Financial regulators in many states recently have obtained statutory mandates to enhance consumer financial literacy. This paper investigates the development of policy pursuant to such mandates in the UK and Canada to identify how national regulators represent the role of the literate consumer in the financial market place. It finds that regulators in both countries represent financial education as empowering consumers but that each embeds in its policy an implicit normative ordering of responsible consumer behavior. The paper relates the tension between empowerment and responsibilization aspects of literacy enhancement to policy goals of expanding financial markets and assisting financial regulators to manage consumers' expectations of protection. It raises questions about regulators' use of consumer education to responsibilize consumption of financial products and calls for further research on the international growth of financial literacy education as a regulatory project.     

Trust in the world of cybercrime

For cybercriminals, the anonymity of the Internet offers not only opportunities but also challenges. Where one does not truly know whom one is doing business with, it makes it difficult to assess trustworthiness or to retaliate should dealings go sour and agreements need to be enforced. This creates a large deficit of trust, beyond even that common among conventional criminals, and makes cybercriminal transactions very unstable. As a result, it might be expected that cybercriminals would often act alone. But, in reality, cybercriminals collaborate quite widely. This is the puzzle that this article addresses. In order to overcome the major challenges of online anonymity, and to capitalise on its benefits, cybercriminals have developed a range of mechanisms that buttress trust. These include mechanisms relating to (1) establishing cybercriminal identities; (2) assessing cybercriminal attributes; and (3) extra-legal governance.     

Magistrates, Magistrates Courts, and Social Change

Relatively little attention has been paid to lower courts' capacity to bring about social change, despite the fact that most citizens who come into contact with the judicial system will have their case considered (and most likely only considered) by these courts. Often these citizens experience a range of problems that are social in origin, including precarious employment, welfare dependence, financial hardship, and various health problems, including mental health and drug dependency. Magistrates courts must respond to social change and its human fallout and, in so doing, can contribute to progressive social change in a local, personal, and incremental way.     

Soft paternalism,merit goods,and normative individualism

Paternalism is an attempt to influence individuals’ decisions for their own benefit, even if there are no third parties involved. This seems to contradict normative individualism, which provides the general orientation to our modern democracies. Soft or libertarian paternalism accepts the necessity of paternalism due to the existence of behavioural anomalies, but intends to apply only such measures that do not restrict the decision leeway of individuals. Nevertheless, the same objections that can be raised against its strong version can also be raised against soft paternalism. On the other hand, as soon as we accept that human beings are able to reflect not only about their actions but also about the preferences guiding their actions, there is no longer a necessary contradiction between paternalism and normative individualism. As far as we know today, the possibilities to successfully apply soft paternalistic measures are rather limited. On the other hand, while some criticisms are justified, others largely overshoot the mark and seem to be at least partly ideologically motivated.     

An early twentieth-century skeleton collection

The collecting of human remains for study in museums and medical schools has been a vital scientific endeavor for many years. In some cases, such as the fetal and neonatal skeletons discussed, surreptitious dealings were involved. However, one must consider the attitudes that prevailed at the time, the high rate of fetal and infant mortality, and the blossoming role of museums as repositories of knowledge.     

金融诈骗罪立法定位与价值取向探析

金融诈骗罪刑事立法因其领域之特殊性而有其特定的价值定位与思维取向。就立法前提而言 ,实现在效益与安全价值之间的衡平与恪守后盾法性质是其立法定位。就保护法益而言 ,传统的以保护金融机构利益与静态所有权为重心的价值取向值得反思 ,此种法益保护观已落后于现代金融观念。就行为方式而言 ,金融诈骗行为的构造要素与传统诈骗罪行为有着很大差异性。而且 ,金融诈骗罪的立法技术也有值得探讨之处     

Share Capital and Creditor Protection: Efficient Rules for a Modern Company Law

This article examines the case for rules of company law which regulate the raising and maintenance of share capital by companies. The enquiry has practical relevance because the content of company law is currently under review, and the rules relating to share capital have been singled out for particular attention. The existing rules, which apply generally, are commonly rationalised as a means of protecting corporate creditors. The analysis considers whether such rules can be understood as responses to failures in the markets for corporate credit. It suggests that whilst the current rules are unlikely, on the whole, to be justified in terms of efficiency, a case may be made for a framework within which companies may 'opt in' to customised restrictions on dealings in their share capital.     

浅析内幕交易、泄露内幕信息罪的几个问题

就修正后的刑法第 180条规定的内幕交易、泄露内幕信息罪构成中的关键内容客观方面和主观方面作了分析 ,同时对应注意的理论和实践问题提出了自己的见解     

论法律认识错误对刑事责任的影响

随着社会的发展和时代的进步,关于法律认识错误与刑事责任关系的传统观点开始受到人们的质疑.应本着立足于现实社会,尊重历史的精神,坚持客观、全面的观点,从理论与实践相结合的角度重新审视法律认识错误与刑事责任的关系问题.     

The European Union--law, financial institutions and the banking crisis

The first 150 words of the full text of this article appear below. Key points

• Law created by European Institutions affects businessin all areas, none more so than in the financial sector, asthe recent financial crisis has thrown into sharp relief. Notonly the Directives that shape regulation of financial businesses(outside the scope of this article), but some provisions ofthe Treaty, Directives, Regulations and Decisions affect theability of banks to do business, in their dealings with States,as well as in their dealings with commercial customers and eachother.
• Key in the financial crisis have been the Treaty ruleson State aid: these have affected the ability of States to assistfinancial institutions in difficulty and the manner in whichthey give assistance; the recognition of the global financialcrisis as creating a disturbance in the economy of many MemberStates has been central to the swift approval of rescue aidin accordance with new guidance, while reconstruction . . . [Full Text of this Article]