论我国涉恐资产冻结法律制度之发展性思考

涉恐资产冻结是金融反恐的重要组成部分,对于防治恐怖活动犯罪具有重大意义。随着反恐法治的逐步完善,我国确立了以金融制裁为目的的涉恐资产冻结制度。相关法律对涉恐资产、金融机构等概念进行了精细化的界定,明确了相关主体的法律责任,遵守了正当程序的相关要求并且注重加强国际合作。但是,我国涉恐资产冻结法律应当进一步注重相关法律制度之间的衔接,协调好涉恐资产冻结与其他保全措施之间的关系,同时应当注重涉恐资产冻结中的权利保障,以便有效地防治恐怖活动犯罪。     

Domestic drivers of transgovernmental regulatory cooperation

Transgovernmental cooperation among domestic regulators has generated considerable interest among scholars and policymakers. While previous research has focused on describing such regulatory networks, we know very little about what drives individual jurisdictions to join them. The question of membership is important because it determines the reach of rules and standards promulgated by a given network, and because it is logically prior to understanding the rulemaking dynamic within a network. We develop a set of hypotheses that highlight the role of domestic political factors in shaping network membership. Our empirical analysis, using an original data set for transgovernmental cooperation in securities and insurance regulation, finds that the institutional form of domestic market regulation, as well as the relative domestic weight of the industry, are closely correlated with membership. All else equal, jurisdictions with independent regulatory agencies and those where the industry in question represents a large share of gross domestic product are much more likely to join the respective network than jurisdictions without these characteristics. The paper underscores the important interactions between domestic and international factors for informal cooperation, an issue that has become increasingly central to global governance.     

“独狼”恐怖主义伦理根源分析

个体化,随意化是"独狼"恐怖主义的典型特征,"边缘人群"的价值迷失是"独狼"恐怖主义滋生土壤,基于工具理性的美式反恐战略失去了道德的正当性,平等、包容、宽容、共生是恐怖主义的解毒剂。     

How Online Platform Work on Perceived Risk of Online Financial Products

Prior literatures about online financial products have neglected the platform element and the research has been done from the perspective of the consumers. Since both consumers and lending platforms are important elements in research of perceived risk, this paper attempts to connect consumers and the Internet platforms with P2P lending platform as the subject under the framework of perceived risk theory and tests the effect of P2P platform on perceived risk and the moderating effect of consumers on the relationship between them. Results different from the study of the traditionally perceived risk show that credibility has significant positive effect on privacy risk and functional risk. Convenience affects the perceived risk and financial risk positively. Practicability affects the perceived risk, psychological risk and social risk positively. Age has significantly negative moderating effect on the relationship of the Internet and the perceived risk among the female samples. Finally, marketing strategies are proposed for the P2P lending platform based on the results above.     

Terrorism and Organised Crime: Co-operative Endeavours in Scotland?

It has been suggested that a nexus between terrorist groups and those involved in organised crime exists. This study explores the co-operative possibilities that exist between these phenomena, focusing specifically on the level of assistance participants in organised criminal activity might provide to those engaged in terrorism, the “initial nexus.” This was achieved initially through interviews with subject matter experts with knowledge of the organised crime and counter terrorism situation in Scotland. Thereafter, law enforcement personnel who investigate serious and organised crime were interviewed, and their opinions sought in respect of the likely actions of those they investigate. The data gathered is subject to analysis and comment are provided as to what level of co-operation between those involved in organised crime and terrorism can be expected; what motivational factors may have a bearing on the level of co-operation provided; and discussion of “tipping points,” ethical or otherwise, where the withdrawal of co-operation could occur, providing opportunities for increasingly successful law enforcement intervention.     

First Steps Towards Hearts and Minds? USAID's Countering Violent Extremism Policies in Africa

The United States government has adopted new approaches to counter violent extremist organizations around the world. “Soft security” and development programs include focused educational training for groups vulnerable to terrorist recruitment, norm messaging through local radio programming, and job creation in rural communities. This article evaluates the effectiveness of one set of these multi-vectored, community-level programs through data from 200 respondents in two similar, neighboring towns in northern Mali, Africa. The data show that residents in Timbuktu who were exposed to the programming for up to five years displayed measurably altered civic behavior and listening patterns in comparison with their counterparts in the control town of Diré, which had no programming (controlling for potential covariates including age, ethnicity, and political and socioeconomic conditions). However, there was little measurable difference between the groups in terms of their cultural identities and attitudes towards the West. While this study is unable to definitively prove a causal connection between programming and behavioral outcomes, it nonetheless strongly suggests that the process of “winning hearts and minds” can be effective at certain levels but may require extended time and dedicated resources to generate higher-level results.     

A Theory of Terrorist Leadership (and its Consequences for Leadership Targeting)

States often target terrorist leaders with the belief that the leader's death or capture will cause the terrorist organization to collapse. Yet the history of this strategy of “leadership targeting” provides a mixed record—for every example of effectiveness, there are similar examples of ineffectiveness. The central question of this article is: what makes a terrorist leader important? Specifically, what does a terrorist leader do that no one else can do (or do as well) for the organization? To answer this question, I develop a theory of terrorist leadership that argues that leaders might potentially perform two main functions: they can provide inspiration and/or operational direction (or not for both). I also theorize as to how and why the provision of these functions changes over time as the organization itself changes. The consequences for leadership targeting flow naturally from this theory—when leaders provide these functions to the organization, leadership targeting is most likely to be effective. Case studies of Algeria, Peru, and Japan offer insights into why some cases of leadership targeting were effective and why others were not. The conclusion extends this model with an analysis of al-Qaeda's prospects after the death of bin Laden.     

The Collective Nature of Lone Wolf Terrorism: Anders Behring Breivik and the Anti-Islamic Social Movement

Anders Behring Breivik, a lone wolf terrorist, killed 77 people in two terrorist attacks in Norway in 2011. This study uses framing theory from social movement studies to compare his Manifesto with the rhetoric of the anti-Islamic movement that inspired him. The anti-Islamic movement has a dual, and sometimes inconsistent, collective action framing. On the one hand, they portray Islam as an existential threat to the West and a warlike enemy; on the other, they promote peaceful and democratic opposition. The potential for radicalization is thus immanent. This case study reveals the importance of seeing lone wolf terrorists as acting from rhetoric embedded in larger social movements. It further demonstrates, in detail, the subtle and complex ways in which political narratives rejecting terrorism and political violence still end up inspiring such acts.     

Saudi-Palestinian Relations During the Run-Up to and the Aftermath of Black September

The Black September events in Jordan in 1970 are an example of the conflict the Palestinian issue presented for monarchic regimes. On the one hand, wealthy regimes such as Saudi Arabia and Kuwait wanted to assist the Palestinians in their struggle against Israel, but on the other hand, the moment they understood that siding with the Palestinians could weaken their regimes, they renounced their support. This article, therefore, emphasizes the importance the monarchic regimes in the Persian Gulf attributed to their own stability, and the influence that issue had on their policies within the Arab world.     

新自由主义与国际经济法

全球性经济危机的危险性使人们对新自由主义产生了质疑,某些现行国际经济法制度的缺陷也日渐显露。WTO体制内各国保护主义可能抬头,国际金融体系的破绽使得加强监管和完善体制成为当务之急,从而弱化了自由主义色彩。国际经济法律秩序面临重组,这给各国提出了新的课题。但是在全球性经济衰退到来之际,新自由主义所体现的国际经济自由和开放仍然十分重要,其制度性的缺陷可以通过在危机之际建立国际经济合作机制得以修正。由于中国对外开放是在新自由主义的国际大环境下进行的,所以金融危机对新自由主义的冲击,对于中国也是一场严峻的挑战。但是,以中国的经济规模和成就,中国在国际经济法律制度和秩序的重组中也获得参与国际经济规则创制的难得机遇。