平台异化还是因债致罪？——P2P网贷涉非法吸收公众存款罪裁判文本实证研究

文章采用文献研究的方法对83份P2P网贷平台构成非法吸收公众存款罪的裁判文书进行实证分析。通过对平台异化模式的定性分析和平台负债情况的定量分析以及与刑事责任程度的交叉分析,文章认为,平台异化是P2P网贷平台构成非法吸收公众存款罪的基础性因素,负债规模、存款人人数和无法清偿的数额等三个因素都对刑事责任的程度产生影响。而且相比之下,无法清偿的数额对刑事责任影响的程度最为显著。实际上对P2P网贷平台追究非法吸收公众存款罪的刑事责任是因为网贷平台无法清偿举债数额巨大,即因债致罪。这种因债致罪的司法行为逻辑,可以从司法者作为“清场者”的功能定位和对社会秩序的价值追求来解释其合理性,但是从多元价值权衡和刑事民事分离的角度分析,其又是不合理的。     

Living and working as a domestic worker in the Middle East: the experience of migrant returnees in Girana town,North Wollo,Ethiopia

ABSTRACT

This article explores the migration experiences of Ethiopian migrant returnees from domestic work in the Gulf countries and Lebanon. The returnees reside in the town of Girana located in Habru sub-district, North Wollo zone of Amhara region. There is much female work migration to the Arab Middle East from the town, particularly to Saudi Arabia through Muslim pilgrimage. Employing a qualitative method, the study examines how the returnee women perceived and experienced labour migration and analyzes the impacts of labour migration on childcare, family survival back home, and debt payment. The returnees made voluntary regular and irregular labour migration to the region and engaged in domestic work, which is not preferred by the host society. However, domestic work is unregulated by the labour policy of the destination countries. This made the returnees’ employment situation rather exploitative, exacerbating their vulnerability to abuses, ethnic denigration, and undermining of cultural identity.     

Network structure and collaborative innovation processes—A comparative analysis of two elderly service networks in Shanghai

How does the structure of government‐funded service networks affect the process of service innovation? We have conducted a comparative analysis of the structure and processes of collaborative innovation of 2 government‐funded community‐based elderly service networks in Shanghai. We have found that in consistent with the literature, a network that has a network administrative organization structure is better able to manage the process of service innovation in a way that balances the need to achieve government policy goals on the one hand and the imperative to facilitate bottom‐up citizen participation on the other. Surprisingly, contrary to what prior studies have suggested, we have found that a network in which a lead organization plays a dominant role, despite its more centralized process of service innovation, is often able to deliver a variety of high‐quality and low‐cost services addressing citizens' needs. With the leadership provided by the network lead organization and its close affiliation with the street‐office government, the network has been able to solicit government support. Such a hierarchical yet responsive state‐society relation has emerged as a result of the coalescence of a corporatist state legacy and an increasing pressure for local governments to seek citizens' support in service delivery.     

From ambiguity to contestation: discourse(s) of non-traditional security in the ASEAN community

‘Non-traditional security’ (NTS) is prominently featured in the agenda of the Association of Southeast Asian Nations (ASEAN) and other ASEAN-led institutions in the Asia-Pacific. ‘NTS’ brings together a series transnational and non-military security threats that are considered common among regional states, urgent for them to attend to, and non-sensitive all at the same time. This a priori makes it a self-evident focus of attempts to bring regional security cooperation ‘to a higher plane’. However, this paper reveals that the uncontroversial character of NTS is overestimated, by shedding light on the co-existence of divergent – and potentially contradictory – interpretations of its meaning and implications in ASEAN and the wider region. In a context where ASEAN's relevance to the pursuit of regional security is increasingly being measured against its (in)ability to provide a coherent approach to security challenges that affect the region, the contested nature of NTS has important implications for the grouping's resilience in the twenty-first century.     

Contested narratives of encounter from a bridge-building project in northern England

ABSTRACT

Recent years of community engagement under the war on terror in the UK have seen the co-option of bridge-building initiatives into wider narratives of securing communities. Through ethnographic insights into a peace building inter-faith initiative that made it onto the news as a ‘deradicalization’ workshop, I show how encounters in such projects are susceptible to being reframed into the very narrative in which encounters are sought after in the first place as a political settlement to growing inter-ethnic tension and conflict. This paper contributes to the growing geographies of encounter literature by making more explicit the narratives that shape how encounters function.     

Understanding the Regulatory Thicket: Interactions Among State Environmental Regulators and Regulatees

Research exploring state-level regulatory interactions in the U.S. often employs survey methodology to ask front-line actors about their experiences. While these efforts are noteworthy, we argue that it is important to investigate these interactions utilizing a different approach. In this exploratory study, we use randomized vignettes, to which a respondent can react without fear of revealing practices or succumbing to social desirability. Our results are in concert with a growing body of literature that suggests cooperation between the regulator and regulatees is essential for future interactions in order to achieve compliance, yet each party’s perceptions may not be completely congruent.     

Does Training and Coaching Matter? An 18-Month Evaluation of a Community Supervision Model

During the last decade, several formalized approaches have been developed to improve the effectiveness of probation and parole by implementing evidence-based research into community supervision practices. A key component of these new approaches are the use of officer coaching sessions, which are designed to improve officer fidelity in the core correctional skill areas. This study explores the impact of an initial training and monthly coaching sessions in the Effective Practices in Community Supervision (EPICS) model on probation and parole officer use of core correctional skills. The results examine the average quarterly officer use of skills over an 18-month follow-up period based on training status (i.e., trained versus untrained officers) in the EPICS model. This study adds to the understanding of the role training and coaching may play in improving officer use of core correctional skills. Policy implications and recommendations for future research are also discussed.     

“一带一路”倡议下的中非海上安全合作

随着中国"一带一路"倡议的提出与推进,其涉及范围逐步向非洲大陆扩展,特别是习近平主席最终确定将"21世纪海上丝绸之路"穿越非洲大陆。在此背景下,中国政府有必要借助"2l世纪海上丝绸之路"扩展到非洲的机遇,在现有中非经贸、政治及安全合作的基础上把中非关系扩展到海洋领域。鉴于非洲多国政局并不稳定、非传统安全威胁加重,其中来自海上的非传统安全问题日渐突出等局面,在依托"2l世纪海上丝绸之路"扩展中非合作关系的过程中,中国需要与非洲相关国家加强各领域特别是海上的安全合作,并争取其他域外大国的良性参与,避免恶性竞争,共同创建一个"中非海上安全共同体",为包括中国、其他域外国家在内的各国在非洲经贸领域的合作及发展保驾护航。这样既能巩固和加强中非传统合作关系,推动其发展到新的层次,更好地保护中国在非洲的海外利益,也能避免与其他域外大国在非洲走向"零和博弈"。     

东亚文化与出版交流的实践与思考——东亚出版人会议的意义解读

东亚出版人会议紧扣着东亚文化与出版两大主题,从人的交流、书的交流到企划出版的交流这3个层面,既务虚也务实。一方面通过相互间的文化与理念的交流,期望了解彼此邻近却隔膜的现代化的心路历程;另一方面则通过共同出版"东亚人文书100",进行跨越国界的文化事业的交流。不过,中、日、韩3国所推荐的书目依然代表着各自不同的文化诉求,因此,如何通过文化的交流来重构东亚的价值和理念,还需要出版人的进一步努力。     

La sociedad civil de adentro hacia afuera Comunidad,organización y desafío de la influencia política

Having developed conceptually and analytically civil society as a sociological category (based on a conceptual reflection stemming from a theoretical-epistemological dialogue between the collectivist and liberal perspectives), this article accounts for the implications that allow us to understand the potential of civil society in contributing to democratization. Throughout this work the dynamics that characterize the ambiguous relationship between civil society and community –ambiguous in as much communities with exceptionally strong ties between its members can provide both elements for the strengthening of civil society as well as obstacles to its growth– are analyzed. It is argued that the role of communities in relation to civil society in the social construction and civil strengthening of citizenship will depend on several factors, particularly the mechanisms available to build consensus within the community. The threat stemming from neopluralism as a novel discourse of interest intermediation, both for the community and civil society, is explored. In the final section, the implications of this discourse for democracy are discussed.