对高利贷的法律规制

民众对财富的渴望会随着我国市场经济的发展而愈发强烈,以高利贷为代表的民间金融在和国家博弈的过程中潜滋暗长。时至今日,资源分配的不均衡、金融市场的高度管制、中央和地方政策的摇摆、法律规制的混乱共同造就了高利贷之患。整体主义的法律治理思路能够促进各部门法在该问题上的合作,以经济法和经济政策为基础解决民间借贷失控的制度根源,纾解民营企业对资本的饥渴,严惩制度外的高利贷违法犯罪活动。     

Student conduct,restorative justice,and student development: findings from the STARR project: a student accountability and restorative research project

The STudent Accountability and Restorative Research (STARR) Project is a multi-campus study of college student disciplinary practices in the USA, comparing traditional conduct hearings that use restorative justice practices alongside traditional college student misconduct hearings. A coherent set of learning goals in college student conduct administration and a robust data-set capable of measuring student learning across different types of disciplinary practice, in particular, comparing traditional ‘model code’ practice with emerging restorative justice processes are examined. Integrating several student development theories, we identify six student development goals: just community/self-authorship, active accountability, interpersonal competence, social ties to institution, procedural fairness, and closure. The STARR Project includes data from 18 college and university campuses across the USA. We analyzed 659 student conduct cases based on surveys of student offenders, conduct officers, and other participants in the conduct processes. Using multiple regression to control for a variety of influences, we determined that the type of conduct process used is the single most influential factor in student learning. In addition, restorative justice practices were routinely found to have a greater impact on student learning than model code hearings.     

Application of the clinical polygraph examination to the assessment,treatment and monitoring of sex offenders

Abstract

Post Conviction Clinical Polygraph Examination Testing (Lie Detector Testing) offers significant opportunities for assessing, treating and monitoring sex offenders. This article briefly reviews the historical development of polygraph techniques including the physiological measures employed, the administration of the polygraph and the interpretation of data collected. Criticisms of polygraphy are explored and information concerning the scientific acceptability of these procedures is given. The current influence of polygraphy in sex offender work is reviewed. Evidence is given of the utility of polygraphy in reducing denial, improving treatment outcomes and more effectively supervising sex offenders on probation or license. Cost benefit considerations are examined, as well as the need for further controlled research and future regulation of the polygraph, if it is to be introduced in Britain. Planned UK Trials are described.     

国际非政府组织的国际法规制:现状、利弊及展望

国际法领域约束规制国际非政府组织的模式有四种,即全球性国际公约间接管制模式、区域性国际公约直接管制模式、国际政府组织约束管制模式及国际非政府组织自身管制模式。由于非政府组织自身国际法律地位的缺失,四种约束管制方式一方面起到了符合自身特点的积极作用,另一方面也都存在缺陷。为了更好地使国际非政府组织在国际事务中发挥作用,除充分利用现有的规制模式之外,亟需制定全球性国际公约对国际非政府组织进行约束管制。     

From developmental to regulatory state? Japan's new financial regulatory system

Abstract

Recent financial reforms in Japan and elsewhere in Asia represent, for various authors, a fundamental shift in financial governance and in state–business relations in the region. The old ‘developmental’ state in East Asia has supposedly made way for a neoliberal ‘regulatory’ state, with its emphases on agency independence and the non-discretionary enforcement of rules. I show in this paper that this interpretation exaggerates the extent of the transformation in the important case of Japan. Although the outward institutional forms of economic governance in Japan, as with many Asian developing countries, has changed dramatically since the mid-1990s, discretion still remains at the core of economic and financial policy. In the area of Japanese banking regulation and supervision, I show how this highly discretionary application and enforcement has been consistent with domestic political pressures. The result is a substantial divergence between superficial convergence upon international regulatory standards and underlying behaviour. I also give reasons why globalization does not mean that this hybrid regulatory model is unsustainable.     

Educational economies

Contemporary public discussion of and policy formation with respect to higher education pay scant attention to the history and structure of the modern university. In part this is forgivable, since educational historians deal almost exclusively with schooling to the neglect of any wider assessment of formal education within the public sphere. Nonetheless, personal ‘experience’, much less sheer prejudice, is no substitute for an understanding of ‘higher learning’. This review essay considers the outline history provided by Robert Stevens’ From University to Uni and suggests that we are now entering an era of a ‘postmodern’ university whose purposes are both incoherent and implausible.     

The gradual transformation? The incremental dynamics of macroprudential regulation

This article focuses on the transformatory potential of macroprudential ideas following the financial crash of 2008, examining how they are being mediated by existing institutional contexts and how and why the task of building a new body of technical macroprudential knowledge is proceeding slowly. It is argued that the movement toward a form of macroprudential regulation has a distinctly incremental dynamic that means any macroprudential transformation will be a gradual process that is likely to span a decade or more. Using Peter Hall's framework of three orders of policy change across substantive and temporal dimensions, the article argues that the macroprudential ideational shift can be compared to third order change. In this sense, it was intellectually radical and took place rapidly in a period of around six months. However, intellectual radicalism does not automatically translate into a radical change in regulatory practice, because of a variety of countervailing political, institutional, and informational variables. In this respect, the task of developing first and second order macroprudential policy is proving to be a much more politically contested process. Furthermore, macroprudential policy is being developed by cautious technocrats who rely on the gradual accumulation of data and evidence to justify policy. The result is a distinctly incremental dynamic to macroprudential policy development that displays many of the features of a process that historical institutionalists refer to as “layering.”     

媒体技术在高职英语教学中应用的问题与思考

多媒体技术的应用正深刻地影响着传统的高职英语教学模式.当今,一个高校多媒体教学水平的高低已经是衡量其整体教学水平、教学质量高低的重要指标.从多媒体技术在高职英语教学中应用的特点入手,分析其作为辅助教学手段的优势,针对高职英语教学中多媒体技术应用的普遍问题,对高职英语教师提出合理化建议和思考.     

预防、惩戒与修复:环境侵害法律规制体系的重构

环境污染行为与环境破坏行为导致的损害都属于环境侵害,需要建立一个完善的系统加以法律规制,从预防、惩戒、修复三大环节入手,给生态环境提供有力的法治保障。预防体系着重环境风险的行政监管,为环境保护构筑第一道防线;惩戒体系强调刑罚与行政处罚在适用层面的可操作性,对环境侵害起到应有的震慑作用;修复体系则事关环境能否可持续发展,通过环境公益诉讼的渠道,让民事赔偿能在环境修复上产生良好效果。     

Oil Spill Causation and the Deepwater Horizon Spill

The April 20, 2010, BP Deepwater Horizon blowout riveted citizen and elected officials' attention on coastal oil spills in ways not seen since the ill‐fated 1989 Exxon Valdez crisis. A commonly voiced lament included why was the tragedy not prevented? Why the seemingly poor safety practices and who is to blame? Could a spill of such catastrophic proportion happen elsewhere in the future? Applying a spill prevention causation framework developed through the examination of other major near‐shore incidents over a 23‐year period, the author finds Deepwater Horizon exhibited a pattern of shortcomings evident in these other spills. These shortcomings are rooted in policy imperfections, a weak regulatory regime, organizational deviance in lieu of integrity, and interorganizational structure deficiencies.