公安行政执法进程评价及其发展方略研究

随着我国市场经济体制的日趋成熟,民主政治的逐步完善,政府行政职能的进一步转换,传统的公安行政执法理念、行政管理模式受到了极大的冲击。从当前面临的形势和任务来看,公安机关必须加强依法行政在公安工作中的重要地位的认识,从根本上转变已不适应行政执法要求的传统观念、工作习惯和工作方法,在思想上和行动上强化法治,以法律为准绳,学会善于运用法律手段来管理国家行政事务,行使管理职能,将思想和行动统一到依法治国、依法行政上来。     

非传统安全警务探析

非传统安全警务是指应对非传统安全威胁、新威胁的,以人与社会的安全为保障核心的警察工作方式、方法.非传统安全警务与传统警务最根本的区别在于所针对的社会安全威胁不同,同时两者在安全理念、价值重心、警力配置、警务形式、公众认同等方面均有不同.非传统安全警务面临的是比过去警务更为广泛的问题,并把威胁公共安全的跨国犯罪视为工作重点.非传统安全警务要求警务工作积极参与国际安全警务合作,以国安、公安机关为主导力量,协调各个政府部门,采取多种应对策略保证非传统安全警务的实施.     

国防科技安全的法律保障

国防科技是武器装备发展的前提和基石,是军队战斗力的物质基础和军事实力的重要组成部分。国防科技安全是科技安全在国防领域的体现,维护国防科技安全,保护国防科技成果,是国家安全的重要内容之一。建立健全国防科技安全的法律保障机制,在各国法律建设中的地位尤为重要,随着国防科技工业的不断发展,我国国防科技安全保障机制在一些立法和制度上的问题有待进一步研究和解决。     

我国国家安全法律体系初探

我国<国家安全法>的内涵有广义、狭义之说,但二者皆是就狭义的国家安全概念而言,使得<国家安全法>的视野以及研究领域非常有限.结合我国现时国情,维护国家安全应在广义"国家安全"概念的前提下界定<国家安全法>的内涵,以此为基础从理论上构建我国国家安全法律体系的框架,进而结合我国现行立法,梳理、展示我国国家安全法律体系的全貌,揭示这一体系包含的所有法律规范的内在联系,使之与理论上对国家安全认识的重大突破相适应,同时也为维护国家安全的实际工作提供一个较为全面的法律依据体系.     

Collateral damage: do gender quotas undermine party discipline?

Quotas are the most disputed instrument to promote equal representation of women. Today, political parties in more than 90 democracies apply them. Essentially, gender quotas are a manipulation of the electoral rules. Scholars of legislative politics have created an impressive knowledge of the effect of electoral rules on political behaviour. So far, this literature remains unconnected to the literature on gender quotas. Our study contributes to closing that research gap.     

An Improved Protection for the (Mentally Ill) Trans Parent: A Queer Reading of AP,Garçon and Nicot v France

The European Court of Human Rights has been deciding cases concerning LGBT rights since the early 1980s. Its case law on trans rights has changed drastically over time, imposing upon the states of the Council of Europe certain minimum standards regarding the legal recognition of gender identity. In its recent judgment of April 2017 the Court laid down a new rule to be adopted by domestic legislation; namely, that the legal recognition of gender transition cannot be made conditional upon pursuing medical or surgical procedures which have (or are likely to have) sterilising effects. This article analyses the judgment from a critical perspective grounded in queer theory, noting both the positive and the negative elements of the Court's decision.     

Protecting Free Speech and Academic Freedom in Universities

Restrictions on speaking events in universities have been created both by recent student‐led efforts at ‘no‐platforming’ and by Part 5 of the Counter‐terrorism and Security Act 2015 which placed aspects of the government's Prevent strategy on a statutory basis. The statutory Prevent duty in universities includes, under the accompanying Guidance, curbing or monitoring events that could have an impact in drawing persons into terrorism. This article places the combined impact of Part 5 and student‐led curbs on campus speech in context by juxtaposing pre‐existing restrictions with the various free speech duties of universities. Focusing on speaking events, it evaluates the resulting state of free speech and academic freedom in universities. It finds potential violations of established free speech norms due to the impact of pre‐emptive strikes against some campus‐linked speech articulating non‐mainstream viewpoints. But it also argues that not all such speech has a strong foundation within such norms.     

Patching the patchwork: appraising the EU regulatory framework on cyber security breaches

Breaches of security, a.k.a. security and data breaches, are on the rise, one of the reasons being the well-known lack of incentives to secure services and their underlying technologies, such as cloud computing. In this article, I question whether the patchwork of six EU instruments addressing breaches is helping to prevent or mitigate breaches as intended. At a lower level of abstraction, the question concerns appraising the success of each instrument separately. At a higher level of abstraction, since all laws converge on the objective of network and information security – one of the three pillars of the EU cyber security policy – the question is whether the legal ‘patchwork’ is helping to ‘patch’ the underlying insecurity of network and information systems thus contributing to cyber security. To answer the research question, I look at the regulatory framework as a whole, from the perspective of network and information security and consequently I use the expression cyber security breaches. I appraise the regulatory patchwork by using the three goals of notification identified by the European Commission as a benchmark, enriched by policy documents, legal analysis, and academic literature on breaches legislation, and I elaborate my analysis by reasoning on the case of cloud computing. The analysis, which is frustrated by the lack of adequate data, shows that the regulatory framework on cyber security breaches may be failing to provide the necessary level of mutual learning on the functioning of security measures, awareness of both regulatory authorities and the public on how entities fare in protecting data (and the related network and information systems), and enforcing self-improvement of entities dealing with information and services. I conclude with some recommendations addressing the causes, rather than the symptoms, of network and information systems insecurity.     

European national news

This article tracks developments at the national level in key European countries in the area of IT and communications and provides a concise alerting service of important national developments. It is co-ordinated by Herbert Smith Freehills LLP and contributed to by firms across Europe. This column provides a concise alerting service of important national developments in key European countries. Part of its purpose is to complement the Journal's feature articles and briefing notes by keeping readers abreast of what is currently happening ``on the ground'' at a national level in implementing EU level legislation and international conventions and treaties. Where an item of European National News is of particular significance, CLSR may also cover it in more detail in the current or a subsequent edition.     

The impact of China's 2016 Cyber Security Law on foreign technology firms,and on China's big data and Smart City dreams

Chinese officials are increasingly turning to a policy known as Informatisation, connecting industry online, to utilise technology to improve efficiency and tackle economic developmental problems in China. However, various recent laws have made foreign technology firms uneasy about perceptions of Rule of Law in China. Will these new laws, under China's stated policy of “Network Sovereignty” (“网络主权” “wangluo zhuquan”) affect China's ability to attract foreign technology firms, talent and importantly technology transfers? Will they slow China's technology and Smart City drive? This paper focuses on the question of whether international fears of China's new Cyber Security Law are justified. In Parts I and II, the paper analyses why China needs a cyber security regime. In Parts III and IV it examines the law itself.