论我国存款保险制度的构建

存款保险制度设立的目的在于保护存款人利益,维持存款人对金融机构的信心,保证金融体系的稳定,最终维护社会公共利益。目前,我国存款保险制度的构建尚存在以下障碍:“资金援助”供需的结构性矛盾,差别费率与银行不良资产,金融立法滞后,缺乏一套客观公正的银行信用评级体系。我们应从立法体例和目标、存款保险机构、投保金融机构、存款保险资金以及存款保险费率等五个方面来构建我国的存款保险制度。     

Secret weapon: the "new" Medicare as a route to health security

Over the past twenty years, Medicare has been transformed from a single-payer insurer into a hybrid of complementary public and private insurance arrangements. Despite creating ongoing controversy, these changes have resulted in an ironic and largely overlooked strategic potential: Medicare's evolving hybrid form makes it the most promising vehicle for overcoming the historical obstacles to universal health insurance in the United States. To make this surprising case, we first explore the distinctive political dynamics of programs that, like today's Medicare, are hybrids of public and private arrangements. We then consider how these political dynamics might circumvent past barriers to universal health insurance. Finally, we discuss the strengths and weaknesses of alternative pathways through which Medicare could be expanded to promote health security.     

存款风险的法律分析

存款作为存款人与银行利益最大化目的之竞合结果 ,对于二者具有同样重要的意义。但高息揽存、挂失止付所存在的风险 ,以及银行破产倒闭后的存款人利益能否获得保护 ,又是存款经营中所必须面对的问题。银行经营中必须尽谨慎注意义务 ,加强并建立存款准备金制度、存款保险制度 ,以化解存款风险。     

存款保險新機制下的銀行監管權

2013年9月11日,國務院總理李克強在回答世界經濟論壇主席施瓦布關於中國金融體制改革的問題時表示,中國將完善金融監管體系,增強金融監管機構的協調性,並且擇機推出存款保險制度。存款保險制度能夠強化對商業銀行的風險約束機制,從而有效地保護存款人利益,穩定金融秩序,因而很早就受到重視。早在1993年,我國已在《國務院關於金融體制改革的決定》中提出,要建立存款保險基金。此後,我國的立法者和專家學者都對此進行了大量研究。截至2013年6月底,我國人民幣存款餘額已逾百萬億。隨著存款的不斷增長,建設顯性的存款保險機制以防範銀行金融風險顯得尤為重要和迫切,醞釀已久的建立存款保險制度一事再度被提上日程。今年6、7月間,中國人民銀行接連表示,將積極研究制定《存款保險條例》,推進存款保險制度建設。本期特選取朱大旗教授、李慈強博士有關存款保險立法的文章,借鑒國外的成熟經驗,結合我國的具體實踐,探討中國國情下存款保險制度設計的路徑。     

论银行账户资金的权利属性——横向公司诉冶金公司、汉口支行案之理论评析

存款人对银行账户资金即存款享有所有权,这是物权价值化的必然结果,也是物权与债权相区分的必然要求.因此,存款合同在性质上属于资金保管与转移资金利用权的混合合同;存款人与银行之间的法律关系并非是债权人与债务人之间的关系,而是所有权人与利用权人之间的关系.     

Financial Compensation for Victims of Catastrophes: A Law and Economics Perspective

This article examines the various approaches legislators may use to compensate victims of catastrophes. Traditional law and economics of insurance literature, with respect to government relief and insurance solutions towards financial compensation, is used to analyze (highly diverging) approaches in Europe and the United States. First, the importance of liability (insurance) is discussed in cases where a liable injurer can be identified; second, the possibilities of first-party insurance are examined, whereby various regulatory solutions (particularly the French model of providing mandatory coverage for catastrophes) is critically discussed. The (first-party) insurance solution is compared with public intervention, and a distinction is made between ad hoc government relief on an ex-post basis and structural compensation funds. The solutions applied and discussed in many countries are critically analyzed for their ability to provide adequate compensation at low costs and their effects on incentives for prevention and for developing private (insurance) solutions.     

提高金融包容:一个银行法的视角

通过提高金融包容促进人类发展已成为国际社会的共识.未来金融法改革,无论是立法还是监管实践应充分考虑金融包容.从银行法改革来看,提高金融包容应与维护银行体系稳定和保护存款人利益共同作为监管机构的监管目标.作为法定的权利,公众获得生命线性的银行服务,可以通过银行社会责任的法定化来实现,并通过私法和公法强制实施.从激励相容和成本效益监管原则出发,对提供小额信贷的金融机构必须实施差异化监管.     

基本医疗保险服务协议的法律性质探讨

基本医疗保险服务协议是规范社会保险经办机构和定点医疗机构、定点零售药店双方行为的行为准则和重要法律依据,然而,对其法律性质的认定,学术界和实务界一直存有争议。行政私法合同是行政主体运用私法合同达致行政公法目的‘的手段,基本医疗保险服务协议符合行政私法合同的特征和本质属性,因此,基本医疗保险服务协议的法律性质是行政私法合同。     

住房按揭贷款保证保险防范风险的法律适用——以美国次级贷款危机及中国强烈地震为背景

美国次级房贷危机、中国512强烈地震,都使住房贷款机构陷入尴尬被动境地。保证保险能够防范次级房贷危机、化解银行贷款风险,避免按揭贷款买受人因意外事故引起的以房抵债、被迫搬迁等风险,增加保险公司业务量。但是,保证保险在实际中却没有推广应用,需要从法律上明确保证保险的性质、统一相关法律规定;改变银行以强势地位强制推行贷款保险、保险公司设计理赔事项及计算保险费用不合理等情形;完善保险人代位求偿权的规定。     

Governing Condominiums and Renters with Legal Knowledge Flows and External Institutions

This article explores the intertwined roles of legal knowledge and external institutions in condominium governance using a sociology of governance framework. Condominium legislation spread in North America in the 1960s. By the 1970s, renters had become the condominium's primary “other.” The article elaborates legal governance and strategies of property management and private insurance that converge on renters in condominiums. Through this analysis, the renter category is shown to be one point of convergence of mutually reinforcing institutional processes of juridification, commodification, and risk avoidance. Condominium governance is revealed as more complex, heterogeneous, and dependent upon legal knowledge flows through channels and “excerpting” practices beyond the courts, and upon external institutions beyond statute‐mandated condominium boards, than previously acknowledged. Implications for critical legal studies and condominium governance policy are discussed.     

Money Laundering and Banking Secrecy in the Jordanian Legislation

Crimes targeting to damage the property of natural and legal individuals including states are in existence while the objective of people, groups and the entire organizations when committing crimes is illegal property gain in the structure of national, but also of global crime. However, they are insufficient hence they attempt to decriminalize money or other property earned in such manner, e.g. by inserting them into lawful operations and flows. Nonetheless, perpetrators of this kind of crime attempt to hide the right source of money or profit earned in such manner using all means possible. Banking secrecy is one of the main barriers that stand in front of anti-money laundering because it comprises of a barrier to access to bank deposits, and a protection for doubtful funds since it is one of the conventional rules pertinent to the work banks, where clients’ secrets and banking operations are saved by Bank’s commitment by law and custom unless there is provision in the law or in the agreement stating otherwise. This study is aimed at indicating the most significant stages and techniques of money laundering at banking institutions in Jordan and also discussing the function of the Jordanian banks in the light of the pertinent legislation.     

Left realist criminology: Strengths,weaknesses and the feminist critique

Although there is an already large British literature both supporting and attacking left realism, and a growing North American interest on the subject among criminologists, there has been surprisingly little written which attempts to locate both the strengths and weaknesses of the left realist position on crime control. Perhaps the place where the left realists may be weakest is in response to a feminist critique. Actually, it is not only left realism but the socialist left in general which has been unsuccessful in providing adequate responses to the issues brought forth by feminists. This paper attempts to locate the position of left realism within the left criminology debate, and to find its strong and weak points. Further, it attempts to explicate the feminist critique, and to suggest responses critical criminologists might explore, such as those proposed by peacemaking criminology. *** DIRECT SUPPORT *** AW502012 00004     

Umbilical cord blood banking: beyond the public-private divide

Umbilical cord blood is a source of haematopoietic progenitor cells, which are used to treat a range of malignant, genetic, metabolic and immune disorders. Until recently, cord blood was either collected through donations to publicly funded cord blood banks for use in allogeneic transplantation, or stored in commercial cord blood banks for use in autologous transplantation. The line between public and private cord blood banking is being blurred by the emergence of "hybrid" models that combine aspects of both the public and private systems. The authors describe these hybrid models and argue that their emergence is explained by both market forces and public sector policy They propose that the future of the sector will depend heavily on several key developments that will differentially affect public, private and hybrid banking models.     

The politics of managed competition: public abuse of the private interest

The doctrine of managed competition in health care sought to achieve the social goals of access and efficiency using market incentives and consumer choice rather than governmental regulation and public administration. In retrospect, it demanded too much from both the public and the private sectors. Rather than develop choice-supporting rules and institutions, the public sector has promoted process regulation and benefit mandates. The private health insurance sector has pursued short-term profitability rather than cooperate in the development of fair competition and informed consumer choice. Purchasers have subsidized inefficient insurance designs in order to exploit tax and regulatory loopholes and to retain an image of corporate paternalism. America's health care system suffers from the public abuse of private interests and the private abuse of the public interest.     

试论民营司法鉴定机构的发展——兼论“南天”、“太太”经验的借鉴

全国人大常委会《关于司法鉴定管理问题的决定》实施以来,民营司法鉴定机构得到蓬勃发展,在法院和司法行政机关不再设立司法鉴定机构,以及侦查机关的司法鉴定机构不得面向社会的情况下,民营机构的出现具有积极意义。经过几年来的实践,有的做大做强,有的还在为生存而挣扎,民营司法鉴定机构面临挑战。民营司法鉴定机构的发展需要关注。     

Heroin policy and deficit models

This paper critically assesses Left Realist approaches to understanding heroin use and to formulating policies with which to deal with heroin use as a social problem. It criticises the epistemological foundation of Left Realism, querying especially its prioritizing of inner city residents' experiences. Dorn and South's Left Realist account of heroin use and their formulation of an appropriate policy are then argued to have fundamental weaknesses as a result of their Left Realist assumptions. The paper then attempts to indicate some alternative paradigms for interpreting drug use, developing especially a focus on theorizing demand, and suggests alternative policy directions which emerge from this. *** DIRECT SUPPORT *** AW502012 00003     

PRIVATIZING PUNISHMENT: TESTING THEORIES OF PUBLIC SUPPORT FOR PRIVATE PRISON AND IMMIGRATION DETENTION FACILITIES

The transfer of authority over the supervision of inmate populations from state and federal governments to private corporations is one of the most significant contemporary developments in the criminal justice system. Yet, the controversy surrounding the private prison industry has occurred in U.S. criminal justice policy circles without any understanding of the public's preferences toward these institutions. In this article, we test several theories that potentially explain opinions toward privatizing carceral institutions: the racial animus, business is better, conflict of interest, and problem‐escalation models. These models are tested with original data from the 2014 Cooperative Congressional Election Survey. The data show that opinions toward the privatization of carceral institutions do not neatly fall along partisan or ideological divisions but are explained by beliefs about racial resentment, corporate ethics, and the potential ability of private companies to provide services cheaper than the public sphere. The results hold important implications for how we understand the future of private carceral institutions in the United States.     

我国银行业实行混业经营存在的法律问题及对策

在国际银行业混业经营的发展趋势下,我国目前采取分业经营体制的银行业向混业经营体制转变已是大势所趋。鉴于目前我国金融领域存在着金融机构产权不明、金融监管法律法规体系不健全、各监管主体之间缺乏合理有效的协调机制及金融机构信息披露制度不完善等诸多问题,应通过改革金融机构的产权结构、健全金融监管法律体系,加强各监管主体之间的协调及建立金融机构强制信息披露制度等措施来确保银行业混业经营的实现。     

The redenomination risk of exiting the Eurozone: An estimation based on the Greek case

Changing a country's currency involves a redenomination risk arising due to assets and liabilities that are impossible to redenominate because of contracts governed by foreign law. Depreciation or appreciation of the new currency could, therefore, result in losses or gains, thus creating a risk for economic agents. The risk can be estimated by splitting the economy into public, private, banking and central banking sectors, and summing up exposed aggregate assets and liabilities. This method is applied to Greece showing that exiting the EMU would certainly entail forbidding redenomination losses for the Greek public sector, leading to default. Surprisingly, however, the impact on the private and the banking sectors would actually be positive (gain). The impact on the Bank of Greece would be ambiguous depending primarily on the legal status of TARGET2 liabilities. It is notable that even the Bank of Greece possesses a significant cushion in the form of bonds under foreign law. In all, the redenomination risk for the Greek economy is modest, with the exception of the public sector.