The Trip – A Case of Problematic Friendship?

In Sweden, there have been several cases in recent years where local politicians and officials have been accused of corrupt behaviour. This article concerns one such case, where a Chairman of the Municipal Board and a County Governor were invited by a wealthy business man to the inauguration of a vacation facility abroad. Their travel costs and lodgings were paid for by the business man, whose firm also sold equipment to the municipality as well as the county. When the trip became known to the prosecutors at the Swedish National Anti-Corruption Unit, a police investigation was conducted and charges raised against them for giving (the business man) and receiving (the Chairman and the County Governor) bribes. Eventually, after two trials (District Court and Court of Appeal), the Chairman, County Governor, and the business man were cleared of all charges against them. The trip was viewed by the courts as a gift, not a bribe. It is argued that the case raises interesting questions about entangled friendship relations and the blurred boundaries between private and professional roles which are important for understanding local corruption (and allegations of corruption) in Sweden. Therefore, the article's main focus concerns what could be described as actions in the grey zone.     

侵犯商业秘密罪疑难问题探析

由于立法的不明确和社会现实的复杂性,侵犯商业秘密罪构成要件的相关内容在理论界争议颇多,在适用上也存在一定困难.明确侵犯商业秘密罪构成要件的内涵和外延,并就重大损失的认定以及计算方法,非法获取行为是否应入罪,犯罪主观方面是否包括过失等疑难问题的探讨,在理论上有助于深化对侵犯商业秘密罪的认识,在实践上可以准确认定侵犯商业秘密罪与非罪的界限.     

The exploitation of Business Register data from a public sector information and data protection perspective: A case study

Business Registers (BRs) are a very important information resource for investors, creditors, financial institutions and public authorities. The possibility to aggregate and interconnect these data at a European level could enhance the transparency of companies towards those actors and add a great deal of value to the raw Business Register data. The European BRITE project intended to provide adequate tools to meet these demands. BRITE will provide easier access and cross-border interoperability of Business Register data throughout Europe. On the other hand, the processing of BR data within the BRs and BRITE triggers several important European legislations such as the Data Protection Directive and the Directive on the re-use of public sector information. In this paper, the processing of BR data will be analysed from the perspective of both data protection and public sector information laws, analysing as well the relation between both regulations. Do these regulations strike an optimal balance between the interests of private data vendors to re-use BR data and enhance business transparency and the need to protect the personal data of natural persons?     

谈品德修养的个体意义

德育工作应避免对青年学生仅仅进行一般性的、原则性的教育,应向他们揭示进行品德修养的个体意义:它可以从多方面提高个体的生活质量,使生活更美好,使人更自由、全面地发展。为此,学校及社会方面要从多个角度对青年学生进行教育,使其能够自觉地进行品德修养。     

How Situational Crime Prevention Contributes to Social Welfare

Situational crime prevention has been met with considerable scepticism from academic criminologists primarily for its indifference to social welfare. It has been seen as contributing to a law-and-order agenda with its focus on making public places secure for business and as supplanting social welfare policies as means of responding to crime. But situational crime prevention contributes more to social welfare than sceptics allow and its advocates (may) believe. Situational crime prevention has enjoyed its fullest and robust expression, not in the free-market, neo-liberal environment of America, but within the leading welfare states of Norway, Sweden and Denmark. This essay considers the politics of the situational approach, the alleged benefits of social crime prevention, criminalisation of social policy, unplanned social welfare benefits, assumptions about the role of business, and concerns about privacy, surveillance and control. The discussion centres on the European experience: the UK, France, The Netherlands and the Nordic countries.

Exploring the “Lost and Found” of Justice Theory and Research

Scientific interest in the nature of how people think about justice and fairness began approximately 70 years ago with Stouffer’s classic study on the American soldier. Since then there have been numerous theoretical frameworks and thousands of research studies conducted on what people perceive as fair and the consequences of making a fairness judgment. The goal of this article is to dig through the “lost and found” box of justice research in an attempt to re-examine where we have been, issues and ideas we may have forgotten, and to gain insight on directions we may want to go in the future. The key rediscovery of this review is that perspective matters. Specifically, how people interpret fairness depends critically on whether they are viewing a situation in terms of their material, social, or moral needs and goals. The implications of adopting a contingent theory of how people reason about fairness are discussed.

商业贿赂的界定与刑法的制度契合

商业贿赂已成为危害社会主义市场经济的毒瘤,也侵蚀了国家廉政制度体系,亟待刑事法律的规制。鉴于商业贿赂的内涵与外延尚需理论与实践的进一步界定,刑法应以修正和完善贿赂犯罪的相关构成要件作为制度契合的主要方式,以此积极响应反商业贿赂的迫切形势。     

论依法治国和以德治国的思想渊源及其现代价值

本文论述了依法治国和以德治国相结合的治国方略 ,追溯了这一重要思想的理论渊源 ,分析了现代治国理念区别于传统治国理念之处 ,阐述了儒家道德法思想的现代价值。     

国有商业银行组织架构整合与再造

我国国有商业银行组织架构整合与再造的思路应该是:整体组织系统要按现代商业银行的原则和运作模式构建,围绕客户进行业务流程再造,优化经营管理层次,逐步建立以纵向推动为主的事业部制。     

营业:商法理论的核心范畴

作为独立的部门法,商法与民法的主要区别并不在于营利性,而是在于营业性的有无。《德国商法典》和《日本商法典》借助“营业”这一科学范畴,奠定了商法理论的构架和“新商人主义”立法的科学体系。