对国外证人拒绝作证权的法律探究

证人拒绝作证制度在英美法系国家被称为证人特权规则 ,是外国证据法中一个法治原则的体现。文章通过对外国证人特权规则适用的主体范围、特权规则内容的对比、总结 ,探讨在中国当前增设证人拒绝作证制度的意义。     

浅谈英语教学中学生创造性思维能力培养

高校是培育创新精神和创新人才的重要基地。在高校英语教学中培养学生创造性思维能力是可行的。教师在教学中应努力创设有效的氛围,采取适当的方法,培养学生的创新意识,发展学生的创新思维能力。     

What is an algorithm? Financial regulation in the era of high-frequency trading

Abstract

In response to the flash crashes and market manipulations blamed on high-frequency trading (HFT), algorithms have been brought inside the regulatory perimeter. This paper focuses on the most ambitious regulation directed at the practice: the algorithm-tagging rule in the German High-Frequency Trading Act. Fifteen interviews with stakeholders in the Act’s implementation serve to reconstruct how regulators defined an algorithm and help pose the question of to what extent regulatory definitions and data need accurately to represent financial practices to be useful. Although tentative in its findings, the research suggests that the algorithm-tagging rule may be providing valuable signals in the noise to trade surveillance officers and having virtuous effects on the cultures of trading firms. The conclusion argues that sociologists of finance should adopt a more balanced approach when evaluating regulatory technologies and heed MacKenzie’s 2005 call to open up their black boxes.     

The dynamics of doping: Lance Armstrong,the United States Anti‐Doping Agency and the regulatory governance of professional cycling

On 10 October 2012, the United States Anti‐Doping Agency published an investigative report on the use of performance‐enhancing drugs by professional cyclist Lance Armstrong. The report paints a disconcerting picture of the doping program that Armstrong and his US Postal Service professional cycling team managed to carry out for several years, despite being subject to many inspections. It contains a wealth of unique empirical data, including a large number of affidavits. In this article, we use this data to answer the question of how Armstrong was able to prolong prohibited behavior. In doing so, we focus in particular on the interactions between Armstrong and the many doping inspectors he encountered. Our analysis results in a variety of answers to this question. First, inspectors were confronted with an inspectee who behaved as an “amoral calculator” and acted strategically. The strategies of inspectors were not adequately attuned to such behavior. Second, the team's internal professional control was neutralized by various factors, including its strict hierarchy and the many friendships within the team. And, finally, the environment created strong incentives to start doping and subsequently deny doing so. We argue that the dynamics underlying doping necessitate a combination of measures to regulate the use of performance‐enhancing drugs in the field of professional cycling and beyond.     

俄罗斯女性高等教育发展历程及现状

女性高等教育的发展体现了一个国家的文化发展水平和文明程度,是关系到一个国家和民族兴亡的大事。通过介绍俄罗斯女性高等教育发展的几个阶段,分析社会经济、政治因素对其所产生的影响,并对当前俄罗斯女性高等教育发展现状进行描述性介绍,以期对中国女性高等教育研究有一定的参考价值。     

Nonsectarian welfare statements

How can we measure whether national institutions in general, and regulatory institutions in particular, are dysfunctional? A central question is whether they are helping a nation's citizens to live good lives. A full answer to that question would require a great deal of philosophical work, but it should be possible to achieve an incompletely theorized agreement on a kind of nonsectarian welfarism, emphasizing the importance of five variables: subjective well‐being, longevity, health, educational attainment, and per capita income. In principle, it would be valuable to identify the effects of new initiatives (including regulations) on all of these variables. In practice, it is not feasible to do so; assessments of subjective well‐being present particular challenges. In their ideal form, Regulatory Impact Statements should be seen as Nonsectarian Welfare Statements, seeking to identify the consequences of regulatory initiatives for various components of welfare. So understood, they provide reasonable measures of regulatory success or failure, and, hence, a plausible test of dysfunction. There is a pressing need for improved evaluations, including both randomized controlled trials and ex post assessments.     

Responsible research and innovation training programmes: implementation and evaluation of the HEIRRI project

Responsible research and innovation, or RRI, is a concept that aims to bring together society and science for a better future. There are six key elements of RRI: public engagement, gender equality, science education, open access, ethics and governance. Higher Education Institutions and Responsible Research and Innovation (HEIRRI) project aimed to bring the concept of RRI into the educational system. Using state-of-the-art review of good practices, HEIRRI team developed 10 training programmes on RRI for different higher education institution educational levels, including a summer school and a massive open online course (MOOC). We conducted pilot of the trainings and evaluated participants' experiences. Satisfaction with HEIRRI training programmes on responsible research and innovation was high, both for participants and for the trainers, and trainings raised awareness of RRI. Participants' feedback was used to identify areas that need improvement and provided for recommendations for final versions of the HEIRRI training programmes. In order to equip researchers with skills to recognize and apply RRI values, RRI should be included in their education. HEIRRI training is suitable for a range of different disciplines, including forensic science, and is free to use and adjust for specific contexts (available from: https://rri-tools.eu/heirri-training-programmes).     

经管类高职院校产学研结合的途径探析

产学研结合是高等职业教育发展的必然。进行产学研结合对培养应用型人才、提高教师素质和完善专业建设都有着重要意义。经管类高职院校可以从办学模式、教学活动、服务咨询、参与企业生产经营等方面开展产学研结合工作。     

Buttressing regulation of cognitive enhancement devices with principles of harm reduction

Maslen and colleagues offer an excellent model for regulating cognitive enhancement devices (CEDs), and we largely endorse their approach of extending medical device policy to include CEDs. Maslen et al. argue that since the risks and benefits of CEDs can be identified, consumers are best placed to evaluate the impact of these effects on their own wellbeing: ‘experts are to assess what the risks are, the consumer how much they matter’. In principle, we agree: consumers should be allowed to decide what risks are worth taking, but the situation is somewhat more complicated, for the evidence that consumers are in a strong position to evaluate the many risks associated with CED use is lacking. Indeed, a glance at online forums on CEDs suggests that undue risks are already being taken. Importantly, given the ease with which devices can be built using easily obtainable parts, overly tough regulation will not effectively curtail use, but rather push it underground. For these reasons, we suggest that any regulatory framework be buttressed by principles of harm reduction, providing real-world users with expert-backed recommendations for safe use. We argue for the development of tools that facilitate this dialogue, while recognizing the challenges in so doing.     

Polanyi in Brussels or Luxembourg? Social rights and market regulation in European insurance

The decision of the Court of Justice of the European Union to ban sex discrimination in insurance has shown the potential reach of the principle of non‐discrimination. This paper discusses the different positions taken by participants in the policy process leading up to the decision, in order to reveal the potential and limitations of non‐discrimination as the basis for market‐regulatory social policy. It is shown that the European Commission's initial support for prohibiting insurance discrimination faltered with the realization that the measure would have little efficacy as a distributive social policy. It was left to the Court to assert that non‐discrimination rights are constitutive for European markets, regardless of their functional and instrumental limitations. The Court's focus was on the market‐integrative potential of rights as sources of norms for the conduct of insurance relationships. It is argued that this form of constitutive regulation is distinct from distributive social policy as it does not require that outcomes are egalitarian, but, rather, that the processes governing market relations should respect fundamental rights.