农用地质量是由哪些要素构成的?——农用地分等规程解读

农用地的基本功能是为社会提供农产品,其质量可以用产量水平进行度量.该文解读了《农用地分等规程》采用定量方法综合评定农用地的质量所涉及“天”、“地”、“生”、“人”四个方面因素.“天”的因素是宏观的,是决定一个地区耕地自然质量的首要条件,其连续变化的特点,是耕地等别序列全国可比性的自然基础.“地”的因素是区域性和地方性的,决定着耕地自然属性特征的多样性,也是导致耕地自然质量差异显著、评价因素复杂的主要原因.“生”的因素是耕地形成有效产出的关键,作物品种的差异不仅影响耕地的产量,更影响农产品的品质.“人”是开发、利用和改造耕地的关键因素,具有巨大的建设能力或破坏力量.最后,该文认为遵循因地制宜、合理利用的原则,通过土地整治,提高耕地质量,将是中国耕地保护与生产能力建设的重要途径.     

论耕地质量与产能建设

多年来,中国通过实施最严格的耕地保护制度,耕地数量快速下降的趋势得到有效遏制,在耕地面积基本稳定的前提下,着力提高耕地质量、提升耕地产能是保障国家粮食安全的根本途径。该文论述了耕地质量的内涵与提升耕地产能的主要措施。     

普通高校网络教育学籍管理工作研究

普通高校网络教育学籍管理工作的好坏直接影响学生是否能如期毕业,其管理过程贯穿于学生入学、日常教学管理、毕业环节等,是学校最终"产品"的出口。旨在通过对普通高校网络教育学籍管理现状及存在的问题进行归纳分析,提出对现阶段学籍管理工作的对策和建议,进而加强学籍管理制度规范化,提高学籍管理工作效率,以达到促成教学管理过程质量的提高。     

基于企业诚信视角的食品安全问题研究

近年来,食品安全事故层出不穷,不少学者认为中国食品市场的监管体制不顺、监管法律不完善是食品安全事故多发的主要原因。诚然,这些都是不争的事实。然而,生产者承担的不安全成本过低,导致食品行业普遍缺乏诚信也是问题食品接连不断被生产出来的一个不容忽视的因素。因此,有必要研究抽样误差、检验误差、追溯误差对食品生产者成本的影响,进而不断创新监管工具和监管思路、改进监管技术,让不安全食品的生产者直接承担不安全食品所带来的成本,以此促使生产者为食品安全付出更多努力。     

Reform and the National Health Service

Why is there so much discontent about the current plans to reform the National Health Service in England? What is the government trying to do, and are the critics right to want to block reform? This paper traces the genesis of the current proposals in the Health and Social Care Bill, currently in the Lords, and why the Government has had to water down significant parts of it to appease the critics. The paper argues that the case for change has not been made to public or the 1.3 million staff in the NHS, the extent and timing of the reform is far from ideal given the need to make unprecedented efficiencies in the NHS, and that the political process to gain support has been weak. Yet many elements of the Bill push the NHS in the right direction, and without effective reform the original settlement—to provide equal access to care on the basis of need—is put at risk.     

The Cyprus and other EU court rulings on data retention: The Directive as a privacy bomb

This paper discusses the controversy surrounding the Data Retention Directive with an emphasis on the 2011 decision of the Cyprus Supreme Court which has annulled several district court orders that allowed the police access to telecommunications data relating to certain persons relevant to criminal investigations. The annulment has been on the ground that the legal provisions upon which the orders have been issued are unconstitutional. It will suggest that the decision does not entail a direct rejection of the EU Data Retention Directive and that in any event, Cyprus is not a Member State resisting the particular measure. This is because the legal provisions are deemed unconstitutional, though part of the law that has transposed the relevant Directive into national law are provisions that go beyond what the EU legislator intended to regulate through that Directive. Still, the particular Directive sits rather uneasily within the ‘human rights’ regime, in particular the one governing the individual right of privacy.     

Trust in the clouds

The “cloud” is not new, and its roots go back to the original plans for computing from the 1950s. Now that computing is moving back to the original cloud-based models that were envisioned more than 60 years ago, with it, consumers are realizing the increases in security and safety that accompany the move to centralized servers. Yet the perception of “trust” in this context is often still formed by views that people have from their use of computers over the past two decades, which is localized in nature (“if I can see it, I can control it”). This view is based on perception more than fact. Our paper discusses different views of trust in other contexts (such as banking and travel) and concludes that users of cloud computing should recast their view of trust in a similar way that consumers of banking and travel have changed their perceptions of trust in the last 100 years.     

Regulating electronic identity in the European Union: An analysis of the Lisbon Treaty’s competences and legal basis for eID

This paper discusses the feasibility of EU legal action in the field of electronic identity (eID) within the new distribution of legal competences and the provision of novel legal basis engendered by the Treaty of Lisbon. The article attempts to find a ‘legal anchor’ to the idea of a pan-European electronic identity within EU law, looking at the issues of competences and legal basis. After examining various different areas of competence and the most feasible (and probable) candidates for a legal basis supporting an EU legal framework for eID, the paper argues that the latter should be found in the combination of Article 16 TFEU (concerning the right to the protection of personal data) with Article 3 TUE, and Articles 26 and 114 TFEU (concerning the establishment and functioning of the Internal Market), which also constitute the area of competence where an eID legal initiative can be pursued.     

Data breach notification law in the EU and Australia – Where to now?

Mandatory data breach notification laws have been a significant legislative reform in response to unauthorized disclosures of personal information by public and private sector organizations. These laws originated in the state-based legislatures of the United States during the last decade and have subsequently garnered worldwide legislative interest. We contend that there are conceptual and practical concerns regarding mandatory data breach notification laws which limit the scope of their applicability, particularly in relation to existing information privacy law regimes. We outline these concerns here, in the light of recent European Union and Australian legal developments in this area.     

Allocating responsibility among controllers,processors, and “everything in between”: the definition of actors and roles in Directive 95/46/EC

In Opinion 1/2010, the Article 29 Data Protection Working Party has provided additional guidance concerning the concepts of ‘controller’ and ‘processor’ contained in Directive 95/46/EC. This guidance aims to assist practitioners in their determination of whether an entity is acting as a controller or as a processor towards a particular data processing operation. Despite the fact that this opinion is informative, the existing framework still appears to leave room for a considerable amount of legal uncertainty. This uncertainty is attributable in part to the nature of the existing concepts, but also (and perhaps to a larger extent) to their apparent misalignment with current processing realities. In this paper, the author seeks to articulate why the existing concepts often remain difficult to apply in practice, in order to enable a constructive reflection on how these issues might be addressed in the future.