相对优势地位理论质疑

相对优势地位理论强调了企业之间的相互力量对比,并认为当交易方在一定情况下具有类似在市场中处于垄断地位的企业的市场力量时,会使得交易相对方“依赖于”该企业,从而引起竞争法上的效果。依据对资产专用性理论,从沉没成本引起的利益判断、进入障碍和市场划分的关系的分析,以及对相对优势地位理论的相关判例的解析,可以看出该理论存在重大的缺陷,其实施不仅无法规范市场竞争秩序,还会造成理论和实务上的混乱。     

放松政府管制——出租车业的曙光

就政府对出租车业的市场准入管制进行经济上和法律上的分析,从反面剖析政府管制对出租车业带来的诸多利益不均衡,同时从正面论证放松政府管制可以给这一行业带来的诸多益处,希望能够给政策制定者一些建言。     

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 Regionalisation of Judicial Review: Constitutional Authority,Access to Justice and Specialisation of Legal Services in Public Law

Since April 2009 judicial reviews may be dealt with at regional centres and in Cardiff. This change significantly relaxed the hitherto highly centralised system of judicial review in England and Wales. The main aims were to improve access to public law redress by enabling cases to be listed and heard at the most appropriate regional location. Despite recognition of the need to improve regional access, fears exist that this reform will threaten the standing and authority of judicial review in this jurisdiction; that it will contribute to a fragmentation of judicial review and, in the regions, reduce the quality of public law adjudication, legal advice and representation. Drawing on an empirical study on the regional use of judicial review, this paper assesses these matters and considers the early effects of regionalisation on access to judicial review and the development of regional markets for legal services in public law.     

It wasn't all white light before Prism: Law enforcement practices in gathering data abroad,and proposals for further transnational access at the Council of Europe

This is a brief comment on a meeting held at the Council of Europe in Strasbourg, which discussed ways of improving transnational access to data by law enforcement through the Cybercrime Convention. In particular, the possible introduction of a new protocol, and a guidance note on art. 32(b), were considered. It is argued that there are serious concerns with both proposals. Moreover, the meeting revealed a surprising lack of knowledge as to current levels of cooperation between law enforcement and foreign service providers.     

Technological innovation within the Spanish tax administration and data subjects' right to access: An opportunity knocks

In this paper, we analyse the data subjects' right to access their personal data in the context of the Spanish Tax Administration and the legal consequences of the upcoming General Data Protection Regulation. The results show that there are still difficulties related to the scope of this right, the establishment of proper storage criteria, and in the procedures used by the data controllers to provide accurate information to the data subjects. This situation highlights the necessity to incorporate such technological innovation as metadata labelling and automatic computerised procedures to ensure an optimum management of the data subjects' access to their tax related personal information.     

对推进城乡公共服务均等化问题的初步思考

《中华人民共和国国民经济和社会发展第十二个五年规划纲要》中强调要"推进基本公共服务均等化"。近年来,随着我国国民经济的不断发展,农村公共服务体系也逐步改善。但总体上农村的基本公共服务并不完善,仍然较为落后。积极推进城乡基本公共服务均等化,关键在于积极构建相关制度基础和实现机制,必须不断创新农村社会建设载体,让农民在教育、就业、医疗等方面与城里人一样享有改革发展的成果。     

WHAT DOES ACCESS TO JUSTICE REQUIRE? — OVERCOMING BARRIERS TO INVOKE THE UNITED NATIONS CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES

Persons with disabilities have a right to effective access to justice under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). This article provides insights on the parameters of that right, including a close examination of the history and text of Article 13, which directly addresses access to justice and other relevant UNCRPD provisions. In addition to the UNCRPD, this article discusses implementation guidance from the Committee on the Rights of Persons with Disabilities, including its guidelines for State Party reports and jurisprudence. The initial reports by eleven States Parties — Argentina, Azerbaijan, China, Costa Rica, Croatia, Dominican Republic, Ecuador, Hungary, Mexico, Peru and Turkmenistan — are also considered. The Committee’s feedback regarding implementation of Article 13 by these eleven States parties is critiqued for being limited and inconsistent. This article then attempts to clarify what effective access to justice actually requires. It does so by focusing on the insights that can be drawn from implementation of Article 13 since the UNCRPD was adopted as well as implementation guidance from the Conference of States Parties, the International Disability Alliance, the World Network of Users and Survivors of Psychiatry and the National Center for Access to Justice. This article concludes with recommendations on how the Committee can improve its guidance on access to justice to help ensure that equal rights will not be illusory for persons with disabilities.     

论科协在完善司法鉴定技术标准及准入机制中的作用

司法鉴定是一项运用技术手段对案件事实进行确认的过程,是公正司法的基本前提。我国当前的司法鉴定体制,特别是有关司法鉴定的技术标准及准入机制方面,存在部门技术规定各自为政、职能交叉、相互冲突,鉴定机构和人员水平参差不齐,公信力低等问题。因而,完善我国现行的司法鉴定体制势在必行。从司法鉴定技术标准与准入机制的发展现状、比较研究、未来展望等视角出发,结合中国科学技术协会的性质和特色,分析科协在我国司法鉴定技术标准与准入机制中可发挥的作用,从而为构建科协参与、协调下的司法鉴定制度进行价值论的理论奠基。     

Going beyond data collection in ethnography: Options for bridging the gap between researchers and archivists

Abstract

This article investigates options for bridging the missing link between ethnographic field research and archiving. It interrogates the place of archiving in the entire fieldwork process and the roles played by researchers and archivists in promoting access. While a number of reasons explain the gap between research and archiving, the article identifies lack of collaboration as the main challenge. Borrowing from the postmodernist theoretical framework, the article argues that archivists cannot detach themselves from data collection, because the decisions they make are not objective but personal and subjective. The conclusion and main message are that digital technology, in spite of its many advantages, may not deliver all that it promises to data collection and archiving. There is a need to complement digital technology data collection and archiving with traditional archiving methods because of the latter's reliability and cost effectiveness.