论经济法的共识

目前,中国经济法学界取得了以下共识:经济法是市场经济之法、经济法是调整市场监管(规制)关系和宏观调控关系的法律规范的总称、经济法体系由市场监管(规制)法和宏观调控法构成、经济法是社会本位之法、经济法是确认和规范国家干预之法、经济法是现代性之法、经济法是一个独立存在的法律部门.这些共识是经济法发展和完善的基础.     

Cloud computing and its implications for cybercrime investigations in Australia

The advent of cloud computing has led to a dispersal of user data across international borders. More than ever before, law enforcement investigations into cybercrime and online criminal activity require cooperation between agencies from multiple countries. This paper examines recent changes to the law in Australia in relation to the power of law enforcement agencies to effectively investigate cybercrime insofar as individuals and organisations make use of cloud infrastructure in connection with criminal activity. It concludes that effective law enforcement operations in this area require harmonious laws across jurisdictions and streamlines procedures for granting assistance between law enforcement agencies. In conjunction with these mechanical developments, this paper posits that law enforcement officers require a systematised understanding of cloud infrastructure and its operation in order to effectively make use of their powers.     

The politics of social welfare: MPs’ attitudes and activities in the 13th Israeli Knesset

This paper reports the findings of a study exploring the attitudes and activities of members of the 13th Israeli Knesset, and seeks possible connections between the two. The study involved extensive interviews with members of the 13th Israeli Knesset (1992–96), as well as drawing on archival and quantitative data of their activities. The paper presents a short overview of the Israeli political system, the 13th Israeli Knesset and its composition. The MKs’ perceptions of social welfare policy, their attitudes towards government involvement in the provision of social welfare services and their activities, both formal and informal, on social welfare issues are described. Finally, possible connections between the MKs’ attitudes and their activities are explored.     

中缅政治经济关系：战略与经济的层面

从目前来看,缅甸既不是中国的战略棋子也不是其经济枢纽。1988年后的中缅关系是不平衡的、不对称的,但是互惠互利的。两国的战略、经济关系是政治联姻性的。然而,缅甸连接南亚、东南亚和中国的重要地理位置具有战略和经济意义。缅甸是中国实现成为21世纪大国这一战略总计划的重要组成部分。虽然中国对缅甸的影响越来越大,但是仰光将不可能成为中国的战略卫星国。     

Are Your Disputants Insecure and Does It Matter? Attachment and Disputants' Speech during Mediation

An exploratory qualitative study explored the effect of attachment styles on disputants' speech during real‐life mediations. Drawing on attachment theory, we classified disputants as secure or insecure individuals using a self‐report attachment‐style questionnaire. Subsequently, they entered their mediation sessions, where their entire speech was recorded. Qualitative analysis of their speech yielded consistent and sometimes striking differences that portrayed secure speech as remarkably more useful and enhancing toward resolution compared with insecure speech. The findings, presented with many examples, strongly indicate the relevance of attachment to the research of communication during mediation sessions. In this report, we also consider the practical implications of the association between attachment and disputants' behavior, emphasizing the role of mediators.     

Say cheese! Privacy and facial recognition

The popular social networking site, Facebook, recently launched a facial recognition tool to help users tag photographs they uploaded to Facebook. This generated significant controversy, arising as much as anything, from the company’s failure to adequately inform users of this new service and to explain how the technology works.The incident illustrates the sensitivity of facial recognition technology and the potential conflict with data privacy laws. However, facial recognition has been around for some time and is used by businesses and public organisations for a variety of purposes – primarily in relation to law enforcement, border control, photo editing and social networking. There are also indications that the technology could be used by commercial entities for marketing purposes in the future.This article considers the technology, its practical applications and the manner in which European data protection laws regulate its use. In particular, how much control should we have over our own image? What uses of this technology are, and are not, acceptable? Ultimately, does European data protection law provide an adequate framework for this technology? Is it a framework which protects the privacy of individuals without unduly constraining the development of innovative and beneficial applications and business models?     

The legal role of medical professionals in decisions to withhold or withdraw life-sustaining treatment: Part 3 (Victoria)

This is the final article in a series of three that examines the legal role of medical professionals in decisions to withhold or withdraw life-sustaining treatment from adults who lack capacity. This article considers the position in Victoria. A review of the law in this State reveals that medical professionals play significant legal roles in these decisions. However, the law is problematic in a number of respects and this is likely to impede medical professionals' legal knowledge in this area. The article examines the level of training that medical professionals receive on issues such as refusal of treatment certificates and substitute decision-making, and the available empirical evidence as to the state of medical professionals' knowledge of the law at the end of life. It concludes that there are gaps in legal knowledge and that law reform is needed in Victoria. The article also draws together themes from the series as a whole, including conclusions about the need for more and better medical education and about law reform generally.     

Child sex tourism: extending the borders of sexual offender legislation

Child sex tourism, the act of traveling to engage in sexual acts with minors, plagues developing nations worldwide. Several laws have been passed internationally in recent years designed to curtail this practice. Government entities and human rights organizations have driven these efforts. United States citizens represent a significant proportion of participants in child sex tourism. The PROTECT Act of 2003 prohibits United States citizens from participating in sexual acts with minors while traveling, and establishes extraterritorial jurisdiction. The case of Michael Lewis Clark, the first United States citizen convicted under this legislation, is highlighted. Child sex tourism poses unique issues to courts that will require ongoing clarification as challenges arise. This article discusses potential future challenges, describes strategies to address this problem, and relates this issue to psychiatry. Mental health providers may have the role of evaluating both the victims and perpetrators of child sex tourism. The authors propose a classification system for offenses and an initial list of topics to discuss with victims. The authors also describe the proper mechanism for reporting United States citizens suspected of participating in child sex tourism.     

Low Power,First Offers,and Reservation Prices: Weak Negotiators are Self-anchored by Their Own Alternatives

Although most scholars recommend making the first offer in negotiations, recent research and practitioners' experience have uncovered a second-mover advantage in certain situations. In the current article, we explore this first- versus second-mover dynamic by investigating the circumstances under which negotiators would make less favorable first offers than they would receive were they to move second, focusing on the effects of negotiation power in the form of alternatives. Additionally, we examine the effects of low power on reservation prices and whether these effects could be mitigated using an anchor-debiasing technique. In Study 1, we manipulated negotiators' power in the form of the best alternative to the negotiated agreement and examined its effect on first offers and reservation prices. Our results showed that low-power negotiators would receive more favorable first offers than they would have made themselves when facing either low- or medium-power counterparts. Also, our results suggest that low-power negotiators had less favorable reservation prices than their medium- and high- power counterparts. In Study 2, we investigated whether this effect would persist in the face of anchor-debiasing techniques. Our results showed that while anchor-debiasing techniques did improve their first offers, low-power negotiators would still benefit from making the counteroffer rather than moving first. Our findings uncover the disadvantageous effects of low power on first-offer magnitude while offering practical advice to negotiators.