移动支付法律问题探析

因特网、移动通信和计算机等技术的结合使支付方式发生了新的革命,即移动支付的出现。移动支付因其随时、随地、方便和快捷等诸多特点给人们生活带来极大方便,也给人们提出了新的法律课题,诸如移动支付当事人的法律地位、法律责任等问题。     

劳动合同解除中的“三金”适用——兼论我国《劳动合同法》的立法态度

劳动合同解除中的违约金、赔偿金、经济补偿金这三种金钱交付形式虽有一定的牵连关系,但三者的性质、功能、适用条件都不尽相同,需要予以澄清。而且,在劳动合同解除中,“三金”常有被滥用或扭曲适用的现象,也需要加以纠正。通过完善我国劳动立法,规范与保障“三金”的正确适用,对于充分发挥劳动法的调整功能,维护劳动关系当事人的合法权益,具有重要的现实意义。从应然立法态度来看,我国《劳动合同法》应否定或严格限制违约金的适用;应该适当扩充赔偿金的适用范围;应严格将经济补偿金限制在劳动合同解除情形,否定劳动合同终止情形的适用。     

政府监管投资基金市场的经济学与法学分析

政府之所以对投资基金市场进行监管具有深层次的理论原因,对这一理论原因的全面剖析有助于充分完善政府干预经济理论,也有助于分析各经济领域的法律监管现象。经济学和法学是分析政府干预投资基金市场的两个层面,本文通过对两个层面的分析,论证了政府对投资基金市场进行监管的必要性。     

农民工：一种就业模式的形成及其社会后果

我国20年来关于农业劳动力转移的讨论,较多关注劳动力转移的数量以及劳动力转移对于经济发展的意义,较少关注已经完成行业转移的农民面临怎样的社会环境,“农民工”谤种就业模式具有低地位职业、低技术劳动、流动就业这三个基本特征,氏地位主要形成于先赋的原因;劳动素质低和社会网支持差是低技术劳动的原因;家庭经济选择是就业流动性大的原因。“农民工”就业模式将成为一种持续存在的社会问题。     

行政垄断规制悖论解析——兼谈行政权与经济调节权分际

行政垄断被归结为“行政权的滥用”,这给反垄断法规制带来理论上的困难:作为经济法的反垄断法何以能够监控行政权的行使?本文认为:行政垄断在本质上属于滥用经济调节权的结果,是政府调控、规制经济的副产品;反垄断法可以“揭开行政权的面纱”,对行政垄断进行复合调整;在建构竞争秩序的过程中为防止公权力的滥用或者公权力作用的相互抵消,应该协调行政法、经济法在法学理论与制度上的冲突,对行政权、经济调节权作出一体化规制。     

上海“口岸”流窜犯罪的现状及对策

随着上海经济的高速发展 ,交通口岸的治安状况发生了很大的变化 ,机场治安日益复杂 ,码头治安渐趋平稳 ;长途汽车站治安问题突出 ;火车站社区化 ,流窜犯罪辐射面扩大 ;公路道口打流截逃任务加剧。为此 ,必须建立一套适应新形势发展需要的完善的“口岸”打流机制。     

The Effectiveness of Insider Trading Regulation in Italy. Evidence from Stock-Price Run-Ups Around Announcements of Corporate Control Transactions

All developed countries and most emerging countries restrict insider trading in the belief that it may undermine investors' confidence and the integrity of financial markets.Such regulation, however, has proved to be relatively ineffective almost everywhere, as shown by the records on convictions in the last few decades and by the pervasiveness of insider trading signalled by stock-price run-ups around announcements of private information.Identifying illegal insider transactions may be difficult: the private information must be material, i.e. price-sensitive, and in some countries prosecutors have to prove the use of such information by corporate insiders. Moreover, the investigative powers of the enforcing Authority may be weak and the deterrence of criminal sanctions may be diminished by lengthy proceedings, especially when alternatives, such as administrative fines and civil actions, do not exist.To date, the Italian legal system has experienced great difficulty in detecting and punishing illegal insider trading. Since they were first enacted in 1991, the insider trading rules have led to two convictions and to a very low ratio of prosecutions to allegations of illegal trading. Moreover, leakage of private information appears to be widespread, given that news about firm-specific events seems to be incorporated in stock prices long before it is disclosed in public announcements.This paper examines the effectiveness of Italian insider trading legislation by focusing, among other things, on the stock-price run-up around announcements of corporate events. In particular, after a brief survey of earlier research on legal and illegal insider trading and on the most important weaknesses in the Italian legal framework, standard event-study methodology is used to analyse stock-price run-ups around 29 announcements of corporate control transactions in the period 1998–2000. Indicators of the leakage of non-public material information are then constructed, showing that securities prices follow similar patterns regardless of whether insider trading is likely to have occurred. This evidence raises questions as to the efficacy of Italian insider trading regulation and the paper concludes with some suggestions as to how it could be improved.     

Assessing the Performance of the Price Cap Plan for Local Exchange Carriers in the United States

In 1991 the FCC implemented a price cap plan for local exchange carriers' interstate access service designed to deal with the regulatory boundaries problem arising from the breakup of AT&T in 1984. The experience with the price cap plan demonstrates the difficulty of predicting productivity growth accurately and makes clear that regulators cannot depend upon a pure price cap plan to keep prices within a reasonable range of costs. With periodic reviews to readjust plan parameters, however, a price cap plan can maintain the rate-of-return close to the target rate-of-return without diminishing the price cap plan's incentives for efficient production. A simple method of recalculating the X-factor based on the rate-of-return over the previous three years worked well in simulations. If this procedure had been used over the price cap period 1991 to 2000, prices would have been 20 percent lower and expenditures on LECs' telecommunications service subject to a price cap would have been $3.8 billion lower.     

“少子化”与流动儿童、少年在城就读的发展空间

我国城市在独生子女政策施行以来出现的“少子化”趋势必将对城市基础教育产生深远的影响，由此带来的为城市解决流动儿童、少年的在城就学问题提供了巨大发展空间和契机。城市政府可以在应对“少子化”对教育冲击的框架下适当考虑流动儿童、少年的就学问题，获取“双赢”的结果。这也是城市适应自身“少子化”趋势和快速城市化过程中城乡大量人口迁移情况的一种必然趋势。     

美国2009年《个人消费者金融保护署法案》及其对我国金融监管法制的启示

为应对金融危机,保护金融消费者利益,加强对金融机构的监管,预防金融系统性风险的发生,奥巴马政府酝酿对美国金融监管体系进行彻底改革,其改革方案的核心就是设立个人消费者金融保护署。对于金融监管法律存在诸多缺陷、金融消费者权利保障不到位以及没有构建应对系统性风险的我国金融法律制度来说,美国2009年《个人消费者金融保护署法案》在金融消费者权利保护及存在系统性风险金融产品及服务监管方面是一个可以借鉴的“他山之石”。     

Generating a Corpus of Mobile Forensic Images for Masquerading user Experimentation

The Periodic Mobile Forensics (PMF) system investigates user behavior on mobile devices. It applies forensic techniques to an enterprise mobile infrastructure, utilizing an on‐device agent named TractorBeam. The agent collects changed storage locations for later acquisition, reconstruction, and analysis. TractorBeam provides its data to an enterprise infrastructure that consists of a cloud‐based queuing service, relational database, and analytical framework for running forensic processes. During a 3‐month experiment with Purdue University, TractorBeam was utilized in a simulated operational setting across 34 users to evaluate techniques to identify masquerading users (i.e., users other than the intended device user). The research team surmises that all masqueraders are undesirable to an enterprise, even when a masquerader lacks malicious intent. The PMF system reconstructed 821 forensic images, extracted one million audit events, and accurately detected masqueraders. Evaluation revealed that developed methods reduced storage requirements 50‐fold. This paper describes the PMF architecture, performance of TractorBeam throughout the protocol, and results of the masquerading user analysis.     

Economic incentives for the self-regulation of the release of price-sensitive information

Companies, as primary disseminators of information, and financial institutions, as major recipients, have economic incentives to self-regulate the transmission and usage of price-sensitive information. These include increased (lost) reputation costs and adverse share price penalties arising from poor management of information disclosure. The economic motivation for self-regulation is seen as conceptually linked to but distinct from legislative changes. Self-regulation has the strong support of economic efficiency arguments, whereas recent additional new legislative changes do not. This article examines a major corporate and institutional response to the new regulatory climate—to internalize part of the regulatory process during their regular relationship communications. Relationships between the case companies and institutions already exist for transaction purposes. They are used as a convenient and low-cost means to pursue self-regulation and to avoid errors of price-sensitive information release. This self-regulatory process is illustrated using case material. It is clear from the response pattern presented that the development of a self-regulatory framework by the parties has been an iterative one. The corporate and institutional systems that have been evolving seem to be significantly influenced by the regulatory trends. The regulatory changes appear to have played a role in increasing market costs incurred by those companies with poor stock market communication practices. The article ends by arguing that new proposals to change in the formal regulatory system should recognize that further legislation is unlikely to improve the poor prosecution record. Nevertheless, legislative changes can combine with and buttress the self-regulation process to create an effective regulatory system.     

行政管制下的司法缺位--对我国公用电信网间互联互通争议解决机制之探讨

我国电信市场频发互联互通恶性案件,严重影响了电信市场的有效竞争。但互联互通争议进入行政处理程序多,司法介入的案例非常罕见,究其根源在于当前电信监管体制的弊端。司法缺位是互联互通争议解决机制的结构性缺陷,在其重构过程中应根据争议的不同类型开辟多渠道的解决途径。应通过立法明确规定互联互通争议的司法管辖权,建立和健全互联互通争议的民事诉讼解决机制,进一步完善行政处理机制,提高行政处理效率。从根本上说,应深化电信监管体制改革,打破垄断,引入竞争,形成电信市场的有效竞争格局。     

The retention of personal information online: A call for international regulation of privacy law

New technologies permit online businesses to reduce expenses and increase efficiency by, for example, storing information in “the cloud”, engaging in online tracking and targeted advertising, location and tracking technologies, and biometrics. However, the potential for technology to facilitate long term retention of customers' personal information raises concerns about the competing right of individuals to the privacy of their personal information. Although the European Commission has recently released a proposal for regulation to “provide a data subject with the right to be forgotten and to erasure”, neither the OECD Privacy Guidelines nor the APEC Privacy Framework includes any requirement to delete personal information. While New Zealand includes a “limited retention principle” in the Privacy Act 1993, apart from one limited exception the privacy principles cannot be enforced in court. Taking New Zealand privacy law as an example, this paper examines the issue of retention of customer data, explains why this is a serious problem and argues that although it could be addressed by appropriate amendments to domestic laws, domestic privacy legislation may not be sufficient in an online environment. In the same way as other areas of law, such as the intellectual property regime, have turned to global regulatory standards which reflect the international nature of their subject matter, international privacy regulation should be the next stage for the information privacy regime.     

政府在青少年在线保护中的法律职责

随着网络的发展和普及,不良网络信息对青少年的影响也越来越大。加强对青少年在线保护的立法,形成完整的法律体系,对网络信息及其经营场所和网站进行管理,是政府的法律职责。     

我国高校自主权的法律性质及规权之路

高校自主权的法律性质是指这种自主权在法律上公、私属性的界定。高校自主权的源头可追溯至学术自主权、国家教育权和社会教育权,这也是高校自主权在法律上产生公、私属性界分的根源。高校自主权与高校法定之权同为一物,既包括权力,也包括权利。体制改革使我国高校走向"法人化"成为现实,我国高校客观上具有多种法律主体资格。我国法律并非没有设置对高校行为公、私属性的应有关注,"事业单位法人"界面承载着复杂的"法律内象"。具体界分公立高校自主权的公、私职能,设置"角色串通"的防范机制,对于完善我国教育法制,促使高校更准确地履行其法人权利与义务,具有重要现实意义。     

The Impact of the 1994 Federal Assault Weapons Ban on Gun Markets: An Assessment of Short-Term Primary and Secondary Market Effects

The reactions of the gun market, including those of producers, wholesalers, retailers, and consumers, play an important role in shaping the potential impact of gun control policies on gun crime. As a case in point, this paper examines the federal Violent Crime Control and Law Enforcement Act of 1994, which bans a group of military-style semiautomatic firearms (i.e., assault weapons). Using a variety of national and local data sources, we assess the short-term (1994–1996) impact of the assault weapons ban on gun markets, examining trends in prices and production of the banned weapons in legal markets and assessing the availability of the banned weapons in illicit markets as measured by criminal use. Prices of assault weapons rose substantially around the time of the ban's enactment, reducing the availability of assault weapons to criminal users in the very short run. However, a surge in assault weapon production just before the ban caused prices to fall in the months following the ban. Implications of the findings for assessing this and other gun control policies are discussed.     

The Effects of Racemization Rate for Age Estimation of Pink Teeth

Pink teeth is thought to result from the seepage of hemoglobin caused by dental pulp decomposition. We investigated whether racemization can be applied for age estimation in cases of pink teeth where the whole tooth is used. The pink teeth used were three cases and the normal teeth for control were five mandibular canines of known age. Age of the pink teeth was calculated on the basis of regression formula obtained from the five control teeth. Only a slight error was noted between the actual and estimated ages of the pink teeth (R² = 0.980, r = 0.990): Cases 1–3 actually aged 23, 53, and 59 years were estimated to be 26, 52, and 60 years. Based on our results of testing pink teeth of known age, we suggest that racemization techniques allow for the age estimation of pink teeth using the same methods for normally colored teeth.     

The Effects of Blaming Others for Legislative Inaction on Individual and Collective Evaluations

Legislators commonly blame others for gridlock. We posit that legislators may engage in this type of rhetoric to minimize the individual reputational risks associated with legislative inaction or to boost the relative standing of their party. In a series of six survey experiments, we find that blaming others for inaction undermines voters’ evaluations of individual legislators who engage in this rhetorical strategy. This effect is particularly pronounced among out-partisans and independents. However, blaming rhetoric can also enhance the standing of the blamer’s party relative to the opposing party across all groups (including out-partisans), in large part by undermining the reputations of these other actors. Ultimately, we show that when an individual legislator engages in blaming rhetoric, the immediate net electoral effects are null. This suggests that coordinated efforts by a party to blame opponents may improve the party’s relative standing, while imposing few costs on those engaged in blaming.