金融监管“两系统”功能互补分析

我国计划与市场、国内与国际、传统与现代多向交织复杂的金融体系使金融风险呈高发态势;追求金融安全的价值定位,使金融行政监管系统压力过大;面对新型金融业态的发展,金融法律监管系统凸显其滞后与被动。社会转型期复杂的金融环境与新型金融业态对金融行政监管系统与法律监管系统提出了新的要求。只有"两系统"功能互补、共同作用,通过"沟通"与"确权",将认知性期待转化为规范性期待,运用"良法善治"的监管手段,才能达到防范金融风险,确保国家金融安全的监管目的。     

Social inequalities and collective action in times of crisis: The case of the Lisbon Metropolitan Area

During the international financial crisis, Portugal found itself in a very difficult and vulnerable socioeconomic situation that has led to an increase in social inequalities. This article seeks to understand two things: firstly, how much the impacts of the crisis contributed to a general perception that people's social position has gone backwards, compared to their pre-crisis situations; secondly, whether it is possible to link this generalized perception that living conditions have gone downhill to an increase in and diversification of collective action practices. The authors analyse data from a 2014 survey of 1,500 residents of the Lisbon Metropolitan Area, which they use to measure how far the level of collective action practices has increased and varied in accordance with a set of social inequality indicators, such as resource and educational inequalities.     

Repression,opportunity, and innovation: The evolution of terrorism in Xinjiang,China

How does state repression affect the incidence and impact of terrorism? This study conducts a process tracing analysis of the ongoing contention between the Uyghur separatist movement and the Chinese state to provide a plausible explanation for the present lack of consensus on this question. Relying on insights from collective action theory, it argues that although repression was initially successful in curtailing the opportunistic use of terrorism, novel political opportunity allowed some separatists to adopt innovations, such as suicide bombing, to circumvent repression. Repression has since proved ineffective in quelling terrorism, and will likely remain incapable of forestalling future terrorist innovations.     

Reactions to Affirmative Action: Group Membership and Social Justice

A program designed for either women, visible minorities, or disabled persons was rated by 264 women and men respondents. An analysis of variance revealed that reactions to affirmative action varied according to the sex of the respondent and the group targeted by the policy. Further analyses were conducted to examine the effects of two social justice concerns on support for affirmative action, that is, scope of justice (extending fair treatment onto others) and perceived threat on behalf of nondesignated groups. According to findings, the link between social justice concerns and reactions to the policy was affected by the group targeted by affirmative action. Furthermore, both social justice concerns were not equally important predictors of attitudes toward affirmative action for women and men respondents.     

责任能力比较研究

本文系对中外刑法学中的刑事责任能力的几个问题 ,诸如限制责任能力、无责任能力与原因中的自由行为等进行了详细的比较研究的论文。     

民事诉讼基本模式转换理论的实践解读

作为法实务工作者 ,我十分赞成民事诉讼基本模式转换理论的观点 ,但同时我也注意到 ,这种理论的分析主要是一种学理分析 ,还缺乏实践的经验性论说。而我的法律事务经验有助于对这一理论给予实践性解读。     

论著作权侵权纠纷中停止侵害的适用

《著作权法》中只规定了侵权的民事责任方式,对停止侵害的适用条件和具体责任方式并没有规定。正确认识停止侵害的适用条件,准确适用停止侵害这种民事责任方式,对保护著作权,制止侵权行为具有重要的意义。     

Israel's violated republican equation

Historically, Israel's ability to sustain a situation of armed conflict for a long time was predicated on the republican equation in which the dominant group – the secular Ashkenazim – exchanged military sacrifice for social dominance. Nonetheless, an imbalance between military burden and social rewards, which emerged during the 1970s and1980s, led the middle-class Ashkenazim to undertake collective action aimed at reducing the burden of military service through protest and peace movements, along with more individual tactics. These modes of action, together with the attenuated status of the military, spurred on national-religious and Mizrachi groups to integrate themselves into the traditional equation, or to formulate an alternative one (the Gush Emunim and the Orthodox route). Arguably, the status of each group in the military, which itself saw an erosion in its social status, played a major part in shaping the nature, scope and strategy of each group's collective actions. The groups capitalized on the opportunities that the military offered them in accordance with their capacity to utilize the resources they had at their disposal.     

Three Prompts for Collective Action in the Context of Digital Media

Research dealing with the nexus of collective action, political participation, and digital media confronts three challenges: conceptualizing digital media as an influence on human behavior, finding common ground among new theories, and connecting together individual-level models with structural-level theories. This article addresses these challenges as a theoretical undertaking. It argues that the digital media environment should be understood as a change in the context for action rather than as an individual-level variable, and that this changed context is relevant to behavior because it expands opportunities for action. This expansion involves a range of structural possibilities for viable collective action that entail at least three paths: organizational prompts, social prompts, and self-initiation. There are theoretical reasons to expect that individual-level attributes including age, education, ideology, and personality may differentially affect people’s susceptibility to these prompts. Future research may profit from refinements to behavioral models that account for possible differences across structurally different prompts for action.