市场准入与国内规制在WTO法中应如何合理界分

随着“美国———赌博”案裁决的终结,市场准入与国内规制的关系问题备受关注。WTO法对成员方市场准入与国内规制措施存在不同约束,但对相关条款如何辨别和适用于两类不同措施缺乏明确的规定。在GATT项下,由于关于第3条注释的存在,GATT第3条与第11条相互排斥,且第3条优先适用。在GATS项下,市场准入与国内规制既有区分,也存在适用中的重合,为此需要对第16条中的市场准入的限制措施从严界定,以避免该规定侵占WTO原本为成员方所保留的国内规制自由的领地。     

保密信息系统的安全措施研究

保密信息系统在文件操作、数据加密、网络传输、用户管理控制等方面,还存在许多安全问题,需要从文件操作和传输过程中的加解密控制方法、基于CPK算法的认证技术、基于角色约束的用户管理控制措施等方面进一步完善。     

Interdisciplinary Practice in Family Court: A Judicial Perspective

This commentary emphasizes the windows of judicial opportunity to proactively manage family law cases, to empower families, and to encourage interdisciplinary conferencing and settlement.     

Justice on the line? A comparison of telephone and face-to-face advice in social welfare legal aid

This paper investigates the impact on legal advice of the major shift to telephone-only services in social welfare legal aid, which took place in April 2013. An empirical study comparing telephone and face-to-face advice reveals that face-to-face contact has considerable advantages in the advice interview. Based on interviews and observations with housing law clients, their lawyers and advisers, the findings of this qualitative study demonstrate that clients and lawyers often find it easier to express themselves and understand each other face-to-face. The face-to-face interview benefits from features including the stronger emotional connection between lawyer and client, non-verbal communication, more expansive conversation and the greater ability to consult and confer over documents. Telephone-only advice may be suitable for some more capable clients and uncomplicated matters, but this qualitative research shows that vulnerable clients are more likely to be adversely affected by the potential disadvantages of telephone-only contact. Clients with more complex social needs or with more serious or urgent cases are better served by face-to-face advice. The findings of this research should inform the LASPO review and future priorities for legal aid funding.     

How about me? The scope of personal information under the Australian Privacy Act 1988

A recent Australian Federal Court decision has raised the issue of the scope of information protected under the Australian Privacy Act 1988. The Court failed to adequately address this question, leaving Australians unsure as to whether sections of their information, such as the IP addresses allocated to their mobile devices, will be considered personal information under the Act. The main consideration the Court dealt with was what it means for information to be “about” an individual. In this paper I address two questions: a) how is information determined to be “about” an individual under the Act; and b) how should this determination be made in the future? I conclude that currently available guidance from the courts, the Australian Information Commissioner and scholarly commentary are inadequate to enable individuals, organisations and agencies to consistently make such determinations. Accordingly I draw on approaches to this question taken in Canada, New Zealand, the European Union and the United Kingdom to argue that the definition should be broadly interpreted in a technologically-aware manner. This will help to ensure that personal information is more comprehensively protected under the Privacy Act.     

用Excel实现高考招生中的相关信息处理

本文针对高考招生网上录取工作,分析和阐述了利用Excel进行数据处理的方法。利用院校录取系统的导出功能,生成可用数据库,并在此基础上,使用Excel生成提档单、退档单,进行可靠生源数据筛选,对录取通知以及相关的通信数据进行处理,补充了院校录取系统的功能,从而形成了一套提高院校录取系统之外具体工作效率的办法。     

An Interdisciplinary Case Management Protocol for Child Resistance or Refusal Dynamics†

High‐conflict parental separation cases associated with child's estrangement or contact refusal take an unusually large amount of court time and generate high emotional costs for parents and children. This paper reports on a study of a research‐based pilot project and protocol, called the Parenting Conflict Resolution (PCR), which is intended to reduce parental conflict, improve interparental communication, and support or restore the parent–child relationship. The protocol was developed at the Superior Court in Quebec City (Canada), and involves single judge case management, and lawyers' commitment to have the child's best interests as their primary consideration and to guide their clients to trust the process. The assigned judge and lawyers have the ongoing involvement of a mandated psychotherapist, taking a family systems approach with the case. The PCR also requires the parents to participate in a psycho‐educational, introspective group program to work on co‐parenting and communication skills. Ongoing communication between the professionals involved in the PCR is required to ensure cohesion and accountability. This pilot project was implemented with 10 high‐conflict families, 6 of which presented with the child's resistance or refusal to see one parent. A qualitative data study was undertaken into the experiences of all the participants. The most salient result is the resumption of parent–child contact in all six contact refusal cases. Discussion highlights key elements to successfully address these cases: (a) interdisciplinary program delivery, (b) systemic understanding of the contact problems, (c) focus on the child's best interest, (d) single judge assigned to the case, (e) lawyers' support of the parents' participation, and (f) psychotherapist reporting to the court.     

论善意取得在不动产物权变动中的适用

传统民法规定善意取得制度只适用于动产物权变动的观点不符合现代经济发展的潮流。善意取得制度、物权行为无因性理论、物权公示公信原则、物权变动登记制度各有其优点,相互间不能够彼此替代。为了鼓励交易流转、促进经济发展,应当在不动产物权变动中规定善意取得制度。以便更好地兼顾所有人与第三人的利益。     

我国市场准入告知承诺制的法治构建

市场准入告知承诺制是近年来我国优化营商环境的重要举措,是市场准入领域实现经济效益和交易安全衡平的重要改革.我国市场准入告知承诺制的法律尚不健全,适用范围、事前审查、事中监管、事后惩戒及责任承担等法治建设亟待推进.市场准入告知承诺制在一般性市场准入应当予以广泛适用,但特别许可市场准入应当避免对实质审查的替代.市场准入告知...     

The Judicial Role in Defining National Security and Access to Information in South Africa

This article argues that judicial and other institutions concerned with legal interpretation are playing an increasing role in regulating and defining the concept of national security for South Africa, particularly in the realm of national security information. Part I surveys the post-apartheid evolution of accountability of South Africa’s national security agencies with particular attention to the treatment of national security information. Starting from a low base, intelligence agencies in South Africa have become more accountable, in part through the greater degree of access to national security information. Part II portrays the placement of access to national security information within South Africa’s legislative framework, taking into account the keys laws underpinning both secrecy and disclosure regulation. Here, with no definition of national security on the secrecy side, it is on the disclosure side of South Africa’s legislative framework that the judiciary and other legal actors are crafting an operative definition of national security. Part III covers three recent developments, arguing that they demonstrate the increasingly important regulatory role played by the judiciary and other legal institutions. These include two key Constitutional Court decisions and an ongoing legislative reform effort.