从我国《合伙企业法》的修订谈商法的原则

商法原则在商事立法和商事司法中都有重要的意义,但是,目前学术界对商法原则的界定却存在相当大的分歧,从“二原则说”到“五原则说”,学者们的见解各不相同。可以借我国《合伙企业法》修订的契机,从商法价值的角度对商法的原则进行法律重塑。     

大国网络竞争与中国网络安全战略选择

当今网络空间已成为人类生存的新空间、发展的新驱动和安全的新领域以及大国拓展国家利益、输出意识形态和建立战略优势的新载体,因此也成为大国竞争的新高地。大国网络竞争体现了新时代的新特点,中国作为重要的竞争方,既介于竞争之中,又深受竞争影响。大国网络竞争涉及多领域、多层面和多维度,主要围绕网络话语权和网络治理权展开,话语权是外在表现,核心是治理权以及由此延伸的主导权。大国网络竞争对中国网络安全的影响是全方位的,从技术、战术层面上升到政治、战略层面,对中国网络安全以及整体国家安全的重要性急剧上升。对中国来说,在网络空间领域机遇与挑战并存,如何利用好机遇、应对好挑战是筹划网络安全战略的重中之重。未来中国网络安全战略选择聚焦于破解以下四个问题,即树立什么样的网络安全理念、选择什么样的网络安全应对手段、提升什么样的网络安全能力、如何进行网络安全治理。在很大程度上,解答了这四个重要问题,等于找到了有效维护中国网络安全的正确路径。     

Broadcasting party information: Can the introduction of community radio reduce the effective number of parties?

The introduction of a more majoritarian electoral system is expected to result in the consolidation of a party system as predicted by institutionalists. However, voters must have information on party viability and be able to coordinate with other voters within a constituency for an electoral system reform to have the expected outcome. I argue that the introduction of independent local radio frequencies can promote party consolidation by enabling coordination on viable candidates because of better information that becomes common knowledge. The effective number of parties (ENEP) is expected to be lower in constituencies where a larger proportion of voters listen to local radio. To test this hypothesis, access to television signals is used as an instrument for radio listening behavior to address potential reverse causality. Using 2SLS, I find that an increase in one standard deviation in regular radio listening is associated with a decrease of 0.42 ENEP in Thailand.     

The government behind insurance governance: Lessons for ransomware

The insurance as governance literature focuses on the ability of private enterprises to collectively regulate, pool, and distribute risks. This paper analyzes how governments support insurance markets to maintain insurability and limit risks to society. We propose a new conceptual framework grouping government interventions into three dimensions: regulation of risky activity, public investment in risk reduction, and co-insurance. We apply this framework to six case studies, describing insurance markets' reliance on public support in more analytically precise terms. We analyze how mature insurance markets overcame insurability challenges akin to those currently presented by extortive cybercrime. Private governance struggled when markets grew too big for informal coordination or when (tail) risks escalated. Government interventions vary widely. Some governments prioritize supporting economic activity while others concentrate on containing risks. Governments also choose between risk reduction and ex post socialization of losses. We apply these insights to the market for ransomware insurance, discussing the merits and potential hazards of current proposals for government intervention.     

Like bringing a knife to a gunfight: Why IRC Section 2036 is not the right weapon to combat abusive family limited partnerships

Family Limited Partnerships (“FLPs”), which were once a great estate planning technique, have now become victim to Section 2036 assertions made by the IRS. Over the years, the IRS has struggled to find a means to combat abusive FLPs until the courts began to embrace Section 2036 as a weapon for them to use. Different courts, however, have maintained different rules and have now subjected both abusive and non-abusive FLPs to inclusion of their assets into their gross estates. This has shed light onto the main issue, that is, that Section 2036 is not the appropriate tool to combat abusive FLPs.