论原因自由行为的可罚性

原因自由行为之所以具有可罚性，在于其是一种具有社会危害性且明显侵害法益的行为，但这却与刑法理论中“责任能力与实行行为同在”这一基本责任原则相冲突。基于原因自由行为的特殊性，将其可罚性看做是刑法基本责任原则的例外更为合理。     

原因自由行为的理论出路

原因自由行为是危害行为的特殊类型。关于原因自由行为的可罚性 ,理论界一直存在着争论。为解决原因自由行为的可罚性与“责任能力与实行行为同在”的责任原则的矛盾 ,理论界提出了多种建议     

Antitrust, Marketing Cooperatives, and Market Power

Marketing cooperatives are common in agricultural markets. This article explores their price and welfare effects and relates to antitrust legislation in the United States, the European Union, and some of the EU member states-in particular, Sweden. Welfare is higher with a monopoly cooperative than with a profit-maximizing monopoly, if the scope for price discrimination is small and if the world-market price is low relative to the domestic price. As the world-market price rises (or as price discrimination becomes more important), the welfare effect is reversed. The price-discrimination effect suggests that, as a marketing cooperative integrates vertically, welfare may fall. These results carry over to a duopoly with a cooperative firm and a profit-maximizing firm. In such a duopoly, the cooperative behaves more aggressively and obtains a larger market share. Empirical evidence supports these conclusions.     

Performativity and the project: enacting urban transport security in Europe

In April 2011, a large consortium of European rail and security suppliers, transport operators and research organisations launched the Secured Urban Transportation – European Demonstration (SECUR-ED) project with the objective of providing public transport operators with the means to enhance urban transport security. Drawing on a detailed study of the SECUR-ED project, this article examines the way in which the problem of urban transport security has been addressed in Europe. It analyses the SECUR-ED project as a performative space, in which risks and capabilities are identified, enacted and contested, and relations across public and private actors are forged. Combining the literature on the performativity of security with John Law’s work on “the project”, the article proceeds by assessing how, in the context of SECUR-ED, connections and continuities are performed across European differences and across public–private space. Hence, it argues that the main function of the project was precisely this: to enact a common security culture, outlook or network in the realm of mass transportation in Europe. This is not a stable culture, but one that is subject to multiple possibilities for re-articulation and mis-performing. The article aims to engage with these moments of re-articulation by focusing on the situated practices of mass transport security. It concludes with a critical analysis of the broader European Union project for security research under the Seventh Framework Programme.     

Fiscal rules,fiscal outcomes and financial market behaviour

Since the outbreak of the eurozone's sovereign debt crisis, a range of fiscal policy measures have been adopted at the European Union (EU) and national levels that have given rise to claims of a significant reinforcement of fiscal policy constraint. Given the prominence and reinvigorated political appeal of fiscal rules in the EU and beyond, it is disconcerting how little we actually know about the link between fiscal rules, budgetary outcomes and market behaviour. In this research note, the aim is to take stock of the existing literature and challenge its contribution to the current policy debate on the merits of fiscal rules. Specifically it will focus on problems linked to endogeneity, measurements and contextuality.     

Financial industry mobilisation and securities markets regulation in Europe

The 2007–2009 financial crisis has led to considerable debate about the role of financial industry actors in global regulatory processes. This article seeks to contribute to this debate by assessing when and why financial industry actors mobilise in order to influence securities markets regulations. Do these mobilisation patterns suggest undue influence by a small set of powerful industry actors, or do they reflect the engagement of a more diverse set of actors representing broader public interests? It is argued that variation in mobilisation patterns is a function of: (1) institutional opportunity (the openness and accessibility of regulatory politics); and (2) demonstration effects (how crises increase the salience of regulatory issues). Empirical analyses suggest that the financial crisis diminished the diversity of mobilising actors. This trend, however, is reversed when the news media disseminate information about the costs of weak financial regulation and thereby increase the salience of regulatory issues.     

Eleven theses on markets and civil society1

Abstract

Civic engagement, through voluntary associational membership, is touted as the keystone of community. It is within these groups where people get a chance to come together to form the necessary social network connections needed to accomplish collective endeavors. Civic engagement can have a bridging effect, bringing disparate people and communities together. Civic engagement can also have a bonding effect on members, which builds strong in-group ties, putting the membership at odds with outsiders. This article examines the relationship between voluntary associations and social network diversity. Since civic engagement is considered a resource, vis-à-vis social capital (where more is always better), the relationship between social network diversity and multiple group membership is isolated. The type of group is also taken into consideration, because the nature of some organizations, e.g., religious and neighborhood associations, can prove an impediment to diversity. Using the national sample of the ‘Social Capital Community Benchmark Survey, 2000,’ I find that membership in voluntary civic organizations has a positive relationship with social network diversity in the United States. Multiple group membership, as well as participation in neighbourhood associations and arts and book clubs, shared a positive relationship with social network diversity.     

世界刑罚轻缓化的现实表现

刑罚轻缓化是当代世界刑罚的发展趋势，它具体表现为死刑没落、世界范围内开展限制和废除死刑运动；自由刑行刑方式发生变化，由完全封闭向公开、半公开变化，行刑社会化兴起以及非监禁刑的兴盛。     

证券市场“扩容—转板”制度研究

市场扩容量大小形成扩容值,市场转板量多少构成转板值。证券市场扩容规模符合市场发展要求时,可以适当设计市场转板制度。在证券市场既定的规模基础上,微调市场制度设计的扩容值和转板值。不同的扩容和转板赋值,将会形成不同的发展路径,产生不同的市场发展前景。     

The geopolitics of Brazilian soybeans

Soybean plays a major role in the development of Brazilian agribusiness, and in turn in Brazilian geopolitical power as well. It is a pillar of Brazil's insertion into a ‘new multi-polar world order’ as basis for much Brazilian land ownership in neighboring countries, for the extension of political influence in Africa, and it is especially important for balancing trade with Brazil's new primary commercial partner, China. Yet the US dollar and North Atlantic transnational companies still control global soybean markets and production technologies. In a context marked by booming but volatile commodity prices, food crises, riots and revolutions in food-importing countries, a global rush for farmland, and severe droughts and climate change, the soybean agribusiness in Brazil takes on new and crucial geopolitical significance. I trace the geopolitical role it has served in consolidating the ‘green revolution’ in Brazil, and raise questions about the intersection between agroindustrial markets and currencies: could agricultural commodities serve geopolitical functions (and thus contestation) similar to those ‘petro-dollars’ have served since the 1970s? These considerations show how the political ecology of soybean shapes and is shaped by inter-regional and global-scale processes, and reveals new directions for research on the emerging geopolitical landscape of our century.