风险社会的环境异议——以广州市民反对垃圾焚烧厂建设为例

通过描述和分析广州市民反对垃圾焚烧厂建设事件,文章试图解释邻避冲突中民众的环境异议如何可能。环境异议因循风险累积、感知到社会爆发的轨迹。其间,民众规避风险的“反推断”和更为主动的“风险戏剧化”策略（包括经由互联网扩散的“风险图像”和语言“引用”）使得国家风险管理的话语和行动失灵,“风险”成为公共主张。广州案例表明风险社会的环境异议成为城市问题的重要面向,开放的政治是消解异议的可能选择。     

教师话语权力探析

教育制度的功能赋予教师以制度权力，它包括“话语权力”和“筛选权力”。话语权力即教师传递主导意识形态的权力。其话语内容在一元化封闭社会中表现为“被控制的共识”，在多元化开放社会中表现为“协商的共识”。其运作方式表现为文化专断、政治的社会化等。通过对我国现行小学语文课本人物形象所承载的意识形态的分析，本文指出了我国中小学教师的规范性话语内容具有浓厚的政治性和大众性，而超越性和理想性、时代性和包容性颇显淡薄     

关于新时期流动人口管理的思考——以广东珠三角为主要观测点

一、问题之提出 中国当前的社会环境由过去相对“静态封闭”状态向“动态开放”状态转变。整个社会环境日益动态化，主要表现在以下两个方面：一是市场经济的建立和城市的迅速扩展。城市经济实力显著增强，基础设施建设突飞猛进，城市空间不断拓展，市区道路长度和总面积明显增长。二是人、财、物大流动格局已形成，     

美国Uber平台治理的域外观察

从形式上看,互联网平台是一种组织形式,但实质上却是一种技术架构。互联网平台产生于权力系统之外,系“颠覆性”经济组织。其技术中立的特性促进了陌生人之间可信任交易的开展。互联网平台的产生背景与功能,满足了普通民众对“去中心”的想象力。除了众多的拥护者外,互联网技术不断迭代更新也是平台得以快速崛起并不断扩张的动力。     

论我国全开放存取型法研资讯形式载体机制之构建——以美国法研资讯形式载体转型运动为视角

以美国法研资讯形式栽体转型运动为视角,可以显见“三无”的全开放存取有利于拓展法学交流平台。西方法研资讯形式栽体转型运动展示的平台,为全世界法科人士提供“零距离”交流范式,打开法学智慧之门。全球法研序列重新洗牌近在咫尺,我国必须切实把握本次良机,充分利用互联网平台,大力发展具有中国特色的全开放存取型法研资讯形式载体机制,变封闭为开放、变单向为双向、变狭窄为宏博、变单一为综合,积极向域内外传播我国优秀的法律理论与应用经验并通过国际学术交流逐渐提高我国法研的全球位次。     

司法审判中互联网开放平台相关问题探析

正互联网开放平台已经成为互联网未来的发展趋势。与此同时,以平台服务商为被告的知识产权纠纷案件也已经出现。在这类案件中的审理中需要坚持什么原则、如何认定平台服务商的地位及行为性质、如何认定其主观过错、如何认定其与第三方开发者之间是否存在共同侵权等问题,直接关系着这类案件的正确处理,也关系着互联网开放平台的发展。本文拟就此做一初步探讨。一、互联网开放平台概述"所谓开放平台,就是首先提供一个基本的服务,然后通过开放自身的接口,使得第三方开发者得以通过     

公安交警电子支付系统的设计和应用

公安交警电子支付系统分为互联网侧系统和公安网侧系统,通过公安交通管理综合应用平台二维码技术实现公安网至互联网数据的单向传输,通过市公安局的互联网边界实现互联网至公安网数据的单向传输。在开放的网络环境中,我们的电子支付系统结合了微信和支付宝第三方平台,以先进的数字流转技术来完成信息传输和款项支付。该系统的使用不仅可以满足加密支付等业务场景的需求,而且方便群众办理交管业务,同时还为窗口警力不足问题提供了帮助。     

互联网金融平台纳入金融市场基础设施监管的法律思考

互联网金融已经成为我国金融体系的重要组成部分,互联网金融平台的立法与监管变得愈加重要.在不断强化对互联网金融微观合规监管、竞争监管和消费者保护的同时,需要逐步加强对互联网金融的宏观审慎监管,这需要在法律上解决一个关键问题,即互联网金融平台是否纳入以及如何纳入金融市场基础设施监管.这一问题关系到互联网金融的发展、系统性金...     

零工群体劳动权益保护研究:域外实践及我国的应对

随着互联网及移动互联终端设备的普及,以数字技术平台为媒介的新形态——零工经济——不断发展,与其深度关联的零工劳动群体不断扩大.数字经济最为发达的美国加利福尼亚州于2019年9月率先颁布了适用于互联网平台与劳动者法律关系认定问题的零工经济法案,该法案就判断劳动关系是否成立明确提出了ABC检验标准.加州零工经济法案是平台企...     

数字平台义务创设的宪法基础

现代宪法如何应对新型社会权力，是数字法治领域的关键议题。宪法的根本法和总章程性质意味着，宪法机制无法缺位于数字时代。在平台社会，数字平台需要承担公共义务，但义务的基础，不能被简化为优势地位，而是源于复合的权力束结构。数字平台权力的兴起，使得宪法观念需因时调整，融入具有社会向度的社会宪法观。在既有理论谱系中，宪法私人间效力理论、社会宪治理论、数字立宪主义理论，均呈现了宪法介入社会关系的理论图景，但在面向实践时也有内在限度。回到“八二宪法”之中，可以借助宪法义务机制，对数字平台权力予以合理约束。宪法上数字平台的公共义务包括法秩序维护义务、共同体秩序守护义务、基本权利促成义务。置于数字化场景之中，上述义务能够在平台规范备案、数字平台立法细化、行政裁量与司法裁判说理中产生积极效用，从而提供一种宪法视角，塑造稳固的数字法治秩序。     

Moving prison health promotion along: towards an integrative framework for action to develop health promotion and tackle the social determinants of health

The majority of prisoners are drawn from deprived circumstances with a range of health and social needs. The current focus within ‘prison health’ does not, and cannot, given its predominant medical model, adequately address the current health and well-being needs of offenders. Adopting a social model of health is more likely to address the wide range of health issues faced by offenders and thus lead to better rehabilitation outcomes. At the same time, broader action at governmental level is required to address the social determinants of health (poverty, unemployment and educational attainment) that marginalise populations and increase the likelihood of criminal activities. Within prison, there is more that can be done to promote prisoners’ health if a move away from a solely curative, medical model is facilitated, towards a preventive perspective designed to promote positive health. Here, we use the Ottawa Charter for health promotion to frame public health and health promotion within prisons and to set out a challenging agenda that would make health a priority for everyone, not just ‘health’ staff, within the prison setting. A series of outcomes under each of the five action areas of the Charter offers a plan of action, showing how each can improve health. We also go further than the Ottawa Charter, to comment on how the values of emancipatory health promotion need to permeate prison health discourse, along with the concept of salutogenesis.     

INTERNET INTERMEDIARIES’ LIABILITY FOR ONLINE ILLEGAL HATE SPEECH

Considering the prevalence of online hate speech and its harm and risks to the targeted people, democratic discourse and public security, it is necessary to combat online hate speech. For this purpose, internet intermediaries play a crucial role as new governors of online speech. However, there is no universal definition of hate speech. Rules concerning this vary in different countries depending on their social, ethical, legal and religious backgrounds. The answer to the question of who can be liable for online hate speech also varies in different countries depending on the social, cultural, history, legal and political backgrounds. The First Amendment, cyberliberalism and the priority of promoting the emerging internet industry lead to the U.S. model, which offers intermediaries wide exemptions from liability for third-party illegal content. Conversely, the Chinese model of cyberpaternalism prefers to control online content on ideological, political and national security grounds through indirect methods, whereas the European Union (EU) and most European countries, including Germany, choose the middle ground to achieve balance between restricting online illegal hate speech and the freedom of speech as well as internet innovation. It is worth noting that there is a heated discussion on whether intermediary liability exemptions are still suitable for the world today, and there is a tendency in the EU to expand intermediary liability by imposing obligation on online platforms to tackle illegal hate speech. However, these reforms are again criticized as they could lead to erosion of the EU legal framework as well as privatization of law enforcement through algorithmic tools. Those critical issues relate to the central questions of whether intermediaries should be liable for user-generated illegal hate speech at all and, if so, how should they fulfill these liabilities? Based on the analysis of the different basic standpoints of cyberliberalists and cyberpaternalists on the internet regulation as well as the arguments of proponents and opponents of the intermediary liability exemptions, especially the debates over factual impracticality and legal restraints, impact on internet innovation and the chilling effect on freedom of speech in the case that intermediaries bear liabilities for illegal third-party content, the paper argues that the arguments for intermediary liability exemptions are not any more tenable or plausible in the web 3.0 era. The outdated intermediary immunity doctrine needs to be reformed and amended. Furthermore, intermediaries are becoming the new governors of online speech and platforms now have the power to curtail online hate speech. Thus, the attention should turn to the appropriate design of legal responsibilities of intermediaries. The possible suggestions could be the following three points: Imposing liability on intermediaries for illegal hate speech requires national law and international human rights norms as the outer boundary; openness, transparency and accountability as internal constraints; balance of multi-interests and involvement of multi-stakeholders in internet governance regime.     

Reframing illegalities: crime,cultural values and ideas of success (in Argentina)

The expansion and entrenchment of insecurity, organized crime and violence in Latin America has involved the participation of public officials. Without this participation, it would be impossible to create the necessary niches of impunity to enable the growth of organized crime and violence. Using a hermeneutic-interpretative approach, this essay shows how the norm of legality has lost its moral persuasive power as a categorical imperative while certain illegalities have acquired social and political legitimacy. The purpose of this article is to reflect on the under-examined impact of cultural values on criminality. It also describes how the dominant narratives surrounding illegality and policies designed to reduce criminality are limited by a lack of consideration of the way that broader cultural values are permissive of corrupt and illegal behaviour. This article considers current social norms, interests, values, ideas of success, and the lack of legitimate pathways to achieve prosperity and social recognition to provide a fresh perspective on the discourse surrounding illegality. For the purpose of illustration this essay uses examples, evidence, interviews and discourses drawn from the context of Argentina. Far from being an anomaly, illegality is a fundamental part of both social inter-relations and has become institutionalised as a part of the behaviour of state entities. Illegality has become not only the norm but is seen as an effective and legitimate means to gain social success and prestige.     

网络产业中市场支配地位认定面临的新问题

网络产业中的市场支配地位受到不同于传统产业的一系列因素的影响,诸如网络效应、产品兼容、用户锁定、知识产权以及技术标准等都在网络产业市场支配地位的形成与维护中扮演重要角色。与之相适应,网络产业中的市场支配地位认定也面临一系列新问题：相关地区市场的界定在网络产业中变得更加复杂,传统的＂假定垄断者测试法＂面临质疑与挑战;市场份额对垄断力的影响在网络产业中相对减小,其计算方法与数值功能在网络产业中需要重新调整与评估;市场进入壁垒对垄断力的影响在网络产业中相对提升,传统壁垒减弱而新型壁垒增强。而将纯粹网络市场与混合市场予以区分、对＂盈利模式测试法＂、＂产品性能测试法＂、＂销售方式测试法＂等的尝试以及对由网络效应及其作用下的用户锁定、知识产权、技术标准等因素引发的新型市场进入壁垒的关注,则为解决这些新问题提供了具有建设性意义的新思路。     

Revelation and Rhetoric: A Critical Model of Forensic Discourse

Over the past thirty years or so, theoretical work in such fields as legal semiotics and law and literature has argued that the legal process is profoundly rhetorical. At the same time, a number of communication-based disciplines such as semiotics, sociolinguistics and linguistic anthropology have provided, particularly in interdisciplinary combination with law, a wealth of empirical evidence on, and insight into, the micro-contexts of language and communication in the legal process. However, while these invaluable nitty-gritty analyses provide empirical support for a rhetorical thesis, work in these areas has tended to ignore rhetoric as an explanatory principle. This article introduces an overarching rhetorical framework for the discursive construction and management of cases in contemporary Anglo-American legal processes. Taking ‘forensic’ as relating to the conduct of cases and ‘discourse’ as semiosis-in-practice, I argue that the practices within which forensic discourse is embedded are not, as the received legal view would have it, aimed at revealing an impartial truth but are deeply rhetorical practices aimed at persuading decision-makers to provide a remedy for a claimed wrong. By looking across forensic texts and contexts, I identify common elements of forensic discourse that can be found both in classical forensic orations and throughout the modern legal process and consider how these intersect with critical forces of agency and structure and the particularities of semiosis in situated context. An awareness of commonalities across forensic discourse can help sharpen our focus on the critical causes and consequences of individual and structural difference and point to consequential suggestions for reform.     

美国网上证券交易监管机制及其启示

网上证券交易是伴随计算机网络技术被引入证券市场而发展起来的新兴证券交易方式，随着其在世界各国证券市场的广泛应用，对网上证券交易的监管也成为各国监管机构越来越需要重视的问题之一。美国是最早发展网上证券交易的国家，其对网上证券交易的监管机制相对比较完善和有效，其推出的一些监管措施经过一些国际组织的推荐为世界其他国家所效仿，取得了比较好的效果。本文在探究美国的网上证券交易监管机制的基础上，结合中国的实际，就中国的网上证券交易监管的发展提出了建议，以期对建立健全中国的网上证券交易监管机制有所帮助。     

Legalist Fictions and the Problem of Scientific Legitimation

The author analyzes fictions of legal positivist philosophy and their role in the scientific legitimation of modern law and political domination. The original function of legalist fictions was the establishment of legal science, which would be autonomous and independent of other social sciences and public morality. In the second half of the 20th century, legal positivist philosophy has nevertheless adopted the fiction of the just law as its scientific legitimation fiction and incorporated moral and political discourse into legal science, again.
Legal positivism and its critiques within the discourse of the sociology of law and critical legal science keep the image of a hierarchical and centralized legitimation of law. Paradoxically, current legal philosophy and theory searching for a universally valid legitimation scheme is full of many different legitimations and reveals their growing plurality and the impossibility of establishing one sovereign legitimation scheme in the current social, theoretical and political condition.     

A constitutional moment: How we might reimagine platform governance

We are at a constitutional moment for the future of the internet. Nation states around the world are launching major new initiatives to regulate the internet, both directly against users and by regulating the companies that provide access to telecommunications infrastructure and content services. The giant technology companies that control the bulk of the commercial internet are themselves under unprecedented scrutiny for the policies they set, the decisions they make, and the choices that go into designing their architecture. In my new book, Lawless, I argue that in this moment of change there is a major opportunity for us all to rethink how the internet should be governed, how power is held to account, and whose values prevail.¹     

Pains of imprisonment in a “lock em’ up” video game: implications for a peacemaking discourse through new media experiences

A limited body of literature has explored popular media portrayals of the prison experience. Much of this literature has focussed on film and television. Scant literature has considered new forms of media such as video games’ portrayals of the prison experience. In the current inquiry we examine the computer simulation game, Prison Architect, with respect to how its interactive experience has the potential simultaneously portray and problematize pains of imprisonment, and how these portrayals and problematizations may prompt a public discourse surrounding prison, particularly from a peacemaking perspective, even if the game itself does not incorporate concepts such as restorative justice. To conduct this analysis, we examine game-developer video blogs that relayed information about the game as it was developed (e.g., game content, rationale for creation, and embedded political, social and philosophical orientations toward prisons, prisoners, and the prison-industrial complex). Ultimately we link pains of imprisonment in Prison Architect to the broader societal discourse surrounding rationales for incarceration (i.e., retribution, incapacitation, and rehabilitation) and consider implications for prison themed games, particularly those such as simulation games that afford players a broad degree of freedom, as vehicles through which to engage the public in discourse about prison that can adopt a more human-centered, peace-oriented approach.     

Cyber-insurance in EU policy-making: Regulatory options,the market's challenges and the US example

Over the last decades digital technologies have penetrated our daily lives affecting all aspects of our societal and economic activities. Even though the benefits of relying on information systems to run everyday tasks, organise one's business, interact with each other or enjoy public services are undisputable, the increasing use of digital technologies comes with a price: the growing exposure to cyber risks. This new type of threat has been in the center of the EU agenda for over 15 years during which a solid legislative framework for the protection S of network and information systems against cyber incidents has been developed. However, security and resilience of infrastructures and networks is one parameter of the challenge. Dealing with the financial risk emerging from a cyber incident, is another, equally important one. The need to mitigate these risks led to the emergence of a new insurance market, the cyber insurance market. Despite though the constantly growing demand for this type of insurance coverage, the market is still under development. The fast-evolving nature of cyber threats, the lack of a common language as regards risks, losses and coverages and the lack of historical data on cyber incidents are listed among the factors that slow down the market's growth. Currently, all involved stakeholders in the insurance field are considering specific initiatives that would accelerate the process of turning the EU market more competitive and efficient against its many challenges. The example of the US cyber insurance market, with its shortcomings and know-how, could also contribute to this effort, as an example of a market that has been intensively facing these challenges for almost twenty years.