我国国有企业产权制度改革的思考

随着市场化改革的推进，我国政府加快了国有企业产权制度改革的步伐，越来越多的国有企业被纳入民营化的序列，产权结构多元化的格局基本形成，但从目前产权制度改革的实践来看，远未达到预期目的，国有企业产权制度改革要实现实质性突破，必须转变观念，从价值形态上认识存量资产的优势，借存量的调整和优化，实现资产由存量向增量的跨越，确保国有企业产权制度改革达到预期目的。     

Development of Latent Fingermarks on Surfaces of Food‐A More Realistic Approach

Latent fingermark developing methods from food (mandarin, egg, banana, apple, potato, carrot, eggplant, onion, bell pepper, and tomato) surface has been studied by 10 methods, including powdering method, small particle reagent method, and cyanoacrylate fuming method. The foods were stored under two conditions (room temperature and refrigerator) before fingermark deposition and aged for 2, 24, 48, and 72 h before fingermark development. In most of the food surfaces used in this study, cyanoacrylate fuming with 80% relative humidity was superior to the powder or small particle reagent methods. The quality of the fingermarks varied depending on the storage conditions before the fingermark deposition (in the refrigerator or at ambient temperature) and the time elapsed since the fingermark deposition. However, the storage conditions before the fingermark deposition and the time elapsed since the fingermark deposition did not show any correlation with the quality of the fingermark.     

Comparison of DNA yield after long-term storage of Second World War bone samples

Sample storage is of paramount importance in forensic genetics laboratories since only optimal storage enables successful recovery of DNA from old bones that contain very low amount of severely degraded DNA. When identification of missing persons from skeletal remains is completed, bone sample is routinely stored at -20 °C for long-term storage for retesting in future, if necessary. After molecular genetic analyses of Slovenian Second World War (WWII) victims, small fragments of femurs were stored at -20 °C. Reduction in DNA recovery has been observed in frozen liquid DNA extracts by some authors and the goal of our study was to explore how freezing of bone samples affects the preservation of DNA. To achieve this goal, the difference in DNA yield in extracts obtained from WWII bones analyzed in 2009 (data from published paper) and DNA yield in extracts obtained from the same bones (piece sampled next to the one used in 2009) taken out of the freezer after long-term storage on -20 °C for 10 years was examined, using the same extraction method and the same quantification kit. Up to 100 ng DNA/g of bone powder was obtained from 57 WWII femurs and up to 31 ng DNA/g of bone powder from the same femurs investigated after long-term storage in this study. 0,5 g of bone powder was decalcified using full demineralization extraction method. The DNA was purified in a Biorobot EZ1 device (Qiagen) and DNA quantity determined with the Human Quantifiler kit (TFS). Statistical analysis showed significant difference in DNA yield in extracts obtained from WWII bones in 2009 and extracts obtained from the same bones stored at -20 °C after 10 years. As reported for frozen liquid DNA extracts, reduction in recovery of DNA was confirmed for frozen bone samples as well.     

Impact of disruptive technologies on sourcing and outsourcing transactions

The sourcing and outsourcing markets are being challenged by the simultaneous impacts of a number of new technologies and delivery mechanisms; this article addresses the impacts being felt by the market participants and the contractual structures they seek to put in place as a result.     

Cross border data transfer: Complexity of adequate protection and its exceptions

The majority of the fear that exists about the cloud arises due to the lack of transparency in the cloud. Fears have persisted in relation to how the data are frequently transferred in a cloud for various purposes which includes storing and processing. This is because the level of protection differs between countries and cloud users who belong to countries which provide a high level of protection will be less in favour of transfers that reduce the protection that was originally accorded to their data. Hence, to avoid client dissatisfaction, the Data Protection Directive has stated that such transfers are generally prohibited unless the country that data is being transferred to is able to provide ‘appropriate safeguards’. This article will discuss the position of the Data Protection Directive and how the new General Data Protection Regulation differs from this Directive. This involves the discussion of the similarity as well as the differences of the Directive and Regulation. In summary, it appears that the major principles of the cross border transfer are retained in the new regulation. Furthermore, the article discusses the exceptions that are provided in the standard contractual clause and the reason behind the transition from Safe Harbor to the new US-EU Privacy Shield. This article subsequently embarks on the concept of Binding Corporate Rule which was introduced by the working party and how the new regulation has viewed this internal rule in terms of assisting cross border data transfer. All the issues that will be discussed in this article are relevant in the understanding of cross border data transfer.     

Property and the cloud

Data is a modern form of wealth in the digital world, and massive amounts of data circulate in cloud environments. While this enormously facilitates the sharing of information, both for personal and professional purposes, it also introduces some critical problems concerning the ownership of the information. Data is an intangible good that is stored in large data warehouses, where the hardware architectures and software programs running the cloud services coexist with the data of many users. This context calls for a twofold protection: on one side, the cloud is made up of hardware and software that constitute the business assets of the service provider (property of the cloud); on the other side, there is a definite need to ensure that users retain control over their data (property in the cloud). The law grants protection to both sides under several perspectives, but the result is a complex mix of interwoven regimes, further complicated by the intrinsically international nature of cloud computing that clashes with the typical diversity of national laws. As the business model based on cloud computing grows, public bodies, and in particular the European Union, are striving to find solutions to properly regulate the future economy, either by introducing new laws, or by finding the best ways to apply existing principles.     

Rethinking the notion of hosting in the aftermath of Delfi: Shifting from liability to responsibility?

Liability of Internet intermediaries for a third-party content is a complex topic, especially with regards to the storage of illegal or harmful postings offered by portals. The E-Commerce Directive offered a liberal framework for handling such cases, provided that a hosting service provider has not played an active role in content management. Being passive turned out to be the key precondition for immunity under safe harbour provisions. Yet, after the Delfi ruling the legal landscape has changed radically. Although the judgment of the Strasbourg tribunal has been dismissed in some jurisdictions as an error or one-off case, the truth is that it took into account acquis communautaire and imposed liability on the news portal, which followed the guidelines of Google France and eBay rulings. Given the lack of predictability of the current legal framework, the aim of this contribution is to offer a deep-dive into the notion of hosting from a technical perspective in order to better understand why Articles 14–15 of the E-Commerce Directive may require a re-examination. It is also submitted that portals and other online service providers relying on a broad construction of safe harbours should be entitled to Good Samaritan protection akin to section 230 of the American Communications Decency Act in order not to hold them liable for being active in fighting hate speech and other forms of illegal and harmful conduct.     

Stable isotope analysis of human hair and nail samples: the effects of storage on samples

When submitting samples for analysis, maintaining sample integrity is essential. Appropriate packaging must be used to prevent damage, contamination or loss of sample. This is particularly important for stable isotope analysis by isotope ratio mass spectrometry as this technique is capable of detecting subtle differences in isotopic composition with great precision. In a novel study, scalp hair and fingernail samples were placed in five different types of packaging, routinely used in forensic laboratories and stored for 6 weeks and 6 months. Samples were subsequently cleaned and submitted for (13)C/(12)C, (15)N/(14)N, (2)H/(1)H and (18)O/(16)O analysis. Results from (13)C analysis indicate that type of packaging can cause slight changes in (13)C abundance over time. Differences were noted in the (15)N isotope signatures of both hair and nail samples after 6-week storage, but not after 6 months. This apparent discrepancy could be a result of the packaging not being properly sealed in the 6 weeks study. Fewer differences were noted when analyzing samples for (2)H and (18)O abundance.     

略论未成年人犯罪案件诉讼程序

新《刑事诉讼法》增设“未成年人刑事案件诉讼程序”专章,对我国未成年人刑事司法制度改革具有重大的里程碑意义,彰显了国家对未成年人犯罪问题的重视以及对未成年犯罪人进行教育、感化、挽救和改造的方针。然而在立法理念尚须进一步推敲与配套制度缺失等诸多司法环境限制因素的影响下,新刑诉中与未成年人刑事案件诉讼程序的相关规定仍有未尽之处。未成年人刑事案件诉讼程序立法原则为“教育为主、惩罚为辅”,立法体例相对集中,具有“社会调查”、“附条件不起诉”以及“犯罪记录封存”三大创新性制度。     

Digital evidence and ‘cloud’ computing

The term ‘cloud computing’ has begun to enter the lexicon of the legal world. The term is not new, but the implications for obtaining and retaining evidence in electronic format for the resolution of civil disputes and the prosecution of alleged criminal activities might be significantly affected in the future by ‘cloud’ computing. This article is an exploratory essay in assessing the effect that ‘cloud’ computing might have on evidence in digital format in criminal proceedings in the jurisdiction of England & Wales.