论外资银行风险监管的相关问题与完善

近年来,随着我国加入WTO和国际金融市场的竞争日趋激烈,越来越多的外资银行融入了逐渐开放的我国金融市场,但是外资银行在拉动我国经济快速增长的同时,也带来了一系列的风险与挑战。应采取措施改进监管,加快立法步伐,逐步健全监管法律体系;对外资银行的经营过程进行必要的限制和监管;加强对外资银行的外部审计和并表监督。     

论地方金融监管法律规制的完善——以《温州民间金融管理条例》为借鉴

目前,我国地方金融监管的法律制度尚不完善,存在地方金融管理重复与真空并存、地方金融管理部门权责不对等、职能定位与市场定位有偏差等问题。其原因主要在于相关法律制度的缺失。完善地方金融监管法律制度可以借鉴温州政府的《温州民间金融管理条例》,通过确立监管理念、监管主体以及具体制度的构架等建立起地方金融监管法律体系,以促进地方金融监管的法治化、规范化。     

Protecting digital identity in the cloud: Regulating cross border data disclosure

Widespread use of cloud computing and other off-shore hosting and processing arrangements make regulation of cross border data one of the most significant issues for regulators around the world. Cloud computing has made data storage and access cost effective but it has changed the nature of cross border data. Now data does not have to be stored or processed in another country or transferred across a national border in the traditional sense, to be what we consider to be cross border data. Nevertheless, the notion of physical borders and transfers still pervades thinking on this subject. The European Commission (“EC”) is proposing a new global standard for data transfer to ensure a level of protection for data transferred out of the EU similar to that within the EU. This paper examines the two major international schemes regulating cross-border data, the EU approach and the US approach, and the new EC and US proposals for a global standard. These approaches which are all based on data transfer are contrasted with the new Australian approach which regulates disclosure. The relative merits of the EU, US and Australian approaches are examined in the context of digital identity, rather than just data privacy which is the usual focus, because of the growing significance of digital identity, especially to an individual's ability to be recognized and to transact. The set of information required for transactions which invariably consists of full name, date of birth, gender and a piece of what is referred to as identifying information, has specific functions which transform it from mere information. As is explained in this article, as a set, it literally enables the system to transact. For this reason, it is the most important, and most vulnerable, part of digital identity. Yet while it is deserving of most protection, its significance has been largely under-appreciated. This article considers the issues posed by cross border data regulation in the context of cloud computing, with a focus on transaction identity and the other personal information which make up an individual's digital identity. The author argues that the growing commercial and legal importance of digital identity and its inherent vulnerabilities mandate the need for its more effective protection which is provided by regulation of disclosure, not just transfer.     

观念变迁如何影响经济增长———比较历史视野下的经济转型动因探源

从文化或价值观念的角度探寻经济增长的动因是马克斯·韦伯提出的经典研究范式。然而,新制度经济学的崛起逐渐遮蔽了此范式的研究进展,诺斯等学者建立的产权制度理论不仅在理论上占据了主流,而且成为许多后发转型国家促进经济增长的政策实践。本文试图跳出对制度范式的盲目信从,以比较历史的视野梳理和探寻了经济转型的精神动因,并尝试以此视角来解释当代中国的经济转型。     

The Creative Commons licences through moral rights provisions in French law

Since 2002, Creative Commons has been continuously evolving in order to create a licensing scheme that not only fulfils the needs of the author but also stays compatible with already existing national copyright laws. The extent of the respect of moral rights provisions has always been highlighted during the licences’ evolution. This Article first examines whether moral rights are expressly mentioned in the licences and if so, what their treatment is. Each element of the moral rights in the French system will be considered in order to verify their compatibility with the Creative Commons licences. In this context, it will be also asserted whether some existing clauses in the licence contradict with the moral rights of authors. The Article will conclude that although a more flexible interpretation of moral rights provisions is needed when dealing with open content licences, it is essential that Creative Commons addresses the aspects of the licences that are identified as problematic in relation to moral rights. Finally, it will be demonstrated that regardless of the legal status of the licences, the authors' responsibility towards their rights is what will ultimately be the safeguard of their creations' path.     

美国基金会发展现状及管理制度的考察与借鉴

社会发展与建设有其客观规律,社会组织发展与建设也有其客观规律。本文以美国基金会为侧重点,介绍了其发展现状和管理制度,以及放松管制和加强监管的案例,并在发挥社会组织主体作用、强化财税政策引导、加强公信力建设和能力建设等方面对我国加强社会组织建设提出若干建议。     

Tracking Movement and Temperature Selection of Larvae of Two Forensically Important Blow Fly Species Within a “Maggot Mass”

The current study responds to the lack of understanding about the temperatures experienced by individual blow fly larvae within “maggot masses.” The temperature selection of both aggregating (in a mass) and nonaggregating larvae was compared and their pattern of movement assessed. Infrared imaging determined the temperatures within a mass and in the vicinity of the constituent individual larvae, whose movements were tracked by dyeing their tissues red. Individual Chrysomya rufifacies larvae selected temperatures above 27°C, significantly higher than the temperature selected by Calliphora vicina larvae (24.5°C). However, this same difference was not seen within a mass, with both species selecting temperatures around 28°C. Larval movement in a mass was nonrandom, indicating that larvae actively select their position in a mass. Furthermore, larvae have a strong tendency to select the hottest part of a mass; therefore, maximum mass temperatures might provide a reliable proxy for the actual temperatures experienced by larvae.     

基于风险控制的职业健康和安全管制权力配置研究

职业健康和安全管制本质上属于社会性管制的范畴,其管制过程受到经济市场个体理性与政治市场制度选择的双重影响,这两个要素之间也存在着相互影响、相互制约的关系。权力配置作为外生性制度环境的要素基础,对内生性的经济市场理性具有调节作用,并决定着管制风险的发生概率和管制均衡的实现程度。论文从风险控制与效率优化的角度分析了职业健康和安全管制权力配置的边界、形态及其对权力协作、管制均衡所产生的影响。论文以此为分析框架,分析了不同时期中国职业健康和安全管制的权力配置形态、效率状况及风险控制等问题。论文认为,中国职业健康和安全管制的权力配置应实现由多元分散式协调管理模式向一元单向式综合管理模式的转变。     

Exploring the Contribution of State and Local-level Conditions to the Adoption of Different Types of Smart Growth Policies and Impact Fees in the United States

This research identifies some of the state and local conditions promoting the adoption of three types of smart growth policies and two types of impact fees in the United States. Factor analysis is used to identify three types of smart growth policies:

1. policies to concentrate new growth,

2. policies to exchange development rights and

3. policies to redevelop the inner city.

The two types of impact fees are: development-based and community-based. Conditions at both the state and local level predict the adoption of smart growth policies. Only conditions at the state level predict the adoption of the community-based impact fees. The findings suggest that future research on the impact of population growth on growth regulation contain measures of both local and state level growth. They also suggest smart growth be viewed as multi-dimensional, as cities adopt different types of policies, rather than the complete set of policies, for economic as well as environmental reasons. Last, more research is needed on the role of local environmentalist organizations, whose role in local policy adoption was significant.     

Racial appropriation in white expatriate South African discourses: Reading race on social club websites

Abstract

In South Africa the African moral philosophy ubuntuism is periodically raised as a framework for African normative media theory. At this stage, the ubuntu discourse cannot be described as a focused effort to develop a comprehensive theory on the basis of which media performance could be measured from ‘an African perspective’. It should rather be seen as an intellectual quest to rediscover and re-establish idealised values of traditional African culture(s) and traditional African communities. Yet, given South Africa's history of apartheid in which Christian nationalism was misused as a moral philosophy to mobilise a patriotic media in the service of volk (nationhood) and vaderland (fatherland), it is not too early to ask critical questions about ubuntuism as a possible framework for normative media theory. Such questioning is the purpose of this article. Against the background of postmodern and postcolonial perspectives on normative theory, questions related to the following are raised: the expediency of ubuntuism in the context of changed African cultural values, the distinctiveness of ubuntuism as an African moral philosophy, the vulnerability of moral philosophy to political misuse, ubuntuism in the context of the future of normative theory in a globalised world and changed media environment, and the implications of ubuntuism for journalism practice. It is concluded that ubuntuism may pose a threat to freedom of expression. Given the nature of contemporary South African society and its media system, the postmodern emphasis on diversity and pluralism as the cornerstone of future normative theory, is supported.