论终身体育与高校体育教育改革——以中国城市老年体育活动为视角

该文采用文献法、调查法对我国城市老年体育活动方式及其特点进行研究,以此阐述终身体育、“健康第一”的思想对高校体育教育改革的影响。高校体育教育改革应以终身体育思想为主导,本着使学生终身受益为原则,以顺应现代体育思想,适应现代化社会发展的需求。     

浅论我国高等职业法律教育的几个基本问题

目前,我国高等职业法律专科院校的紧迫问题是生存问题,解决这一问题的路径就是在积累办学经验、提高办学水平和改善办学条件的基础上提升办学层次,由专科教育过渡到本科教育层次。本文在分析高等职业法律教育特征的基础之上,认为我国高等职业法律教育应主要定位在本科教育和法律硕士教育层次,大专层次法律教育随着我国高等法学教育的进一步发展,可以逐渐淡出法律职业教育市场。     

机构投资者投票顾问的法律规制——美国与欧盟的探索及借鉴

投票顾问是20世纪80年代以来资本市场兴起的新型咨询服务机构,其向机构投资者提供所持股公司股东大会投票建议、治理状况评级等服务以营利,部分投票顾问还同时向上市公司提供公司治理咨询服务。投票顾问的影响力随着机构投资者的壮大及相应监管的完善与日俱增,但来自上市公司管理层等利益相关方的批评也从未停止,近10年来更引起立法者与监管者的关注和介入。美国与欧盟的探索实践表明,以适度信息披露和利益冲突防控为导向的公共监管相较于私人执法而言是规制此类机构的更优路径,表现可衡量性弱、诉讼效果不彰影响了民事诉讼的应用,相关经验亦可为我国所借鉴。     

Changing institutional culture in the wake of clerical abuse – the essentials of restorative and legal regulation

The Australian Royal Commission into Institutional Responses to Child Sexual Abuse completed its final report in December 2017 after five years of hearings. The Royal Commission was the culmination of pressure from a series of public inquiries about institutional sexual abuse and sustained advocacy from victims and survivor support groups. The Commission made recommendations designed to change institutional leadership, governance and culture. The challenge is to have that change embedded in institutional culture. This paper considers how this might be done in a specific institution, the Catholic Church given that more than two-thirds of reported abuse in faith-based institutions occurred within its ranks. Regulatory theory suggests effective regulation must be responsive to past institutional behaviour. In the case of the Church, the task is profound given its strong self-protective culture which has long shielded abusers. The form of regulation must provide a balance where criminal sanctions loom large in the background while redress processes proceed in the foreground to repair both the harm suffered by survivors and renew Church culture.     

Funds sharing regulation in the context of the sharing economy: Understanding the logic of China's P2P lending regulation

“Sharing economy” is an umbrella term that encompasses a wide range of digital platform-based activities that includes P2P lending and other forms of internet-based lending. The core aim of the sharing economy is to leverage the utilization of idle capacity. P2P lending can not only be used to leverage small amounts of money on the lender's side, but also be used to promote financial democracy and inclusion both on the lender and borrower's sides. P2P lending regulation, therefore, should place an emphasis on the utilization of dead money and promotion of financial democracy. This article scrutinizes the regulation of P2P lending in China. The existing regulatory system for P2P lending in China is built upon rules and regulations that have been designed solely with traditional brokers in mind. The article contends that the rigid rules placed on lending platforms limited their ability to maintain their roles as brokers and, in turn, heavily endangered the commercial sustainability of P2P platforms, thereby harming the sharing economy's openness and inclusivity. Additionally, the article argues that the fact that there is no limit on the amount a lender can invest poses a threat to the notions of leveraging idle money and financial inclusivity. The closed-ended P2P lending regime in China would cause some chilling effects to financial innovation in the P2P lending industry, and in a wider sense, the rising FinTech sector. Regulators in China need to cope with these challenges in a flexible but pragmatic manner, and particularly make use of the benefits the sharing economy may bring to the Chinese economy more broadly.     

中国城市生活垃圾处理绩效的影响因素：基于VAR模型的实证研究

文章通过主成分分析的方法构建和评价中国2006-2015年9年间各省(区、市)及整体的城市生活垃圾处理绩效综合水平,在此基础上利用VAR模型检验了多种因素对中国城市生活垃圾处理绩效影响做以实证研究。研究发现：直接影响中国城市生活垃圾处理绩效的主要因素是劳动力因素和运营模式因素。同时,运营模式因素是一种外生嵌套因素,没有外生驱动紧靠自身调整是无法实现的;而劳动力因素则除了自身调整外,还受到经费因素以及政府监管因素的间接驱动,即经费因素和政府监管因素通过劳动力因素路径间接影响绩效水平。据此,文章根据研究结论提出较具建设性的建议,以期对提升中国城市生活垃圾处理绩效水平以及指导公共事业的政府监管工作做以绵薄之力。     

Animal abuse proclivity: behavioral,personality and regulatory factors associated with varying levels of severity

ABSTRACT

To date, research into adult-perpetrated animal abuse has consisted of studies using forensic and psychiatric samples. Given that animal abuse goes largely unreported, it is unclear whether the findings from the current literature are generalizable to unapprehended, undetected abusers in the community. However, the emergence of proclivity methodologies fills this gap by examining the relationships between animal abuse propensity and factors such as empathy, attitudes towards animals and antisocial behavior. The current study aimed to extend this literature by examining further individual-level variables (i.e. personality traits) and behavioral factors as correlates of animal abuse proclivity and as a function of varying levels of animal abuse severity (e.g. neglect versus severe violence). One hundred and fifty participants took part in this correlational study. We found low extraversion, agreeableness, neuroticism, anger regulation, and illegal behavior to be significant factors related to animal abuse proclivity. We also found low extraversion, anger regulation, and illegal behavior to be significant factors across varying levels of animal abuse severity, but low neuroticism to be a unique factor related to less severe forms of animal abuse proclivity. These findings are further discussed in light of their theoretical and treatment implications.     

DIGITAL BORDER CONTROLS

The article examines to what extent territory plays a role in internet regulation, especially whether an equivalent to physical border controls for cyberspace already exists in Germany, i.e. digital border controls. To that end, both the abstract relevance of the territorial principle and specific examples of legal commands that cause the free flow of data to be interrupted or modified along state boundaries are scrutinized.     

林权流转中的私法自治与国家强制

文章梳理了林权流转的制度流变,解读林权改革与林权流转的根本在于解放林业生产力,通过市场机制来实现林业的规模化经营及林业资源的最优利用。对此,在配套法律体系的构建方面,应当将“市场+私法”的模式作为林权流转的基础法制,厘清林权的物权属性,贯彻意思自治与合同自由原则,同时在私法建制的基础上,定位政府的角色并构建相应的监管机制,以培育林权市场、促进林业改革。     

The US financial regulatory reform, causes of financial crisis and its enlightenment on China

Deficiency of the US financial regulation has stimulated the enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The fundamental causes of the regulatory deficiency can be categorized as follows: excessively indebted consumption culture in a long term, permanently abolishing the regulation on financial derivatives by the US Commodity Futures Trading Commission, and the regulations before the reform not fitting for the fictitious economy. The operation of financial products is like to fly a kite. The financial product is the kite, governmental adjustment is the string, market regulation is the wind, national culture and legislature and judicature are the environment. Those coordinated elements can guarantee a healthy financial market. To construct an effective financial regulatory system in China, it is needed to make culture with Chinese characteristics, advance the coordinated development of governmental and market regulation, and promote financial legislations and related implementation.