我国外资银行市场准入制度的局限性及其克服

市场准入问题是世贸组织法律体制最为关注的问题之一。我国新出台的《外资金融机构管理条例》及其实施细则与《外资金融机构驻华代表机构管理办法》等法律文件 ,尽管结合入世承诺做了修改 ,但在有关外资银行市场准入的问题上仍有诸多欠缺。针对现有制度的局限性 ,有关法律应该在立法体例和具体规则上进行反思和完善。     

三大理论:深化三个规律的理论进路

以胡锦涛为总书记的新一代党中央领导集体提出并形成了加强执政党先进性建设、坚持科学发展观和构建社会主义和谐社会的“三大理论”。三大理论与共产党执政、社会主义建设、人类社会发展的“三个规律”一一呼应。其中,先进性建设是深入认识政党执政规律的重大举措,科学发展观是认识社会主义建设规律的理论升华,构建社会主义和谐社会表明党对人类社会发展规律的认识进入了一个新的境界。     

Life Skill Service Needs: Perspectives of Homeless Youth

The present study describes the service needs related to life skill development from the perspective of sheltered homeless youth. Qualitative semistructured life narrative interviews addressing the use of services at an emergency shelter were administered to 30 youth. All youth were residig in an emergency shelter located in a large metropolitan area at the time of interview. Youth identified factors that influence their ability to access and utilize services, categorized as service availability, factors serving as access and/or barriers to services and lack of available services. Youth identify service delivery approaches and staff characteristics as impacting service delivery. Services such as counseling and childcare were identified as facilitating development and acquisition of life skills.     

The necessity of the implementation of Privacy by Design in sectors where data protection concerns arise

This article examines the extent to which Privacy by Design can safeguard privacy and personal data within a rapidly evolving society. This paper will first briefly explain the theoretical concept and the general principles of Privacy by Design, as laid down in the General Data Protection Regulation. Then, by indicating specific examples of the implementation of the Privacy by Design approach, it will be demonstrated why the implementation of Privacy by Design is a necessity in a number of sectors where specific data protection concerns arise (biometrics, e-health and video-surveillance) and how it can be implemented.     

计算机网络犯罪规制中的“未经授权”与“超越授权”——中美比较研究

件和基础是行为人未经授权或超越授权访问计算机网络。中美两国在规制计算机网络犯罪的访问行为上都有关于“未经授权”和“超越授权”的规定,对比两国立法和司法条文以及法院判解,我国规定的“未经授权”和“超越授权”只是概念式存在,司法解释没有予以定义,司法实践也未形成明确认定标准。科学借鉴美国立法和司法经验,结合中国实际完善我国规定的“未经授权”与“超越授权”:以程序编码设限作为判断计算机访问未经授权的标准;“超越授权”是指行为人在获得授权使用计算机时,利用这一授权使用的机会去获取计算机信息系统中的数据或控制计算机信息系统,但行为人的数据获取或控制行为并没有得到授权。     

Business virtual system in the context of e‐governance: Investigation of secure access to information resources

Contemporary digital age proposes different opportunities in the public, social, private, and business areas based on remote access to distributed resources placed in virtual, cloud, educational, governmental, business, smart, and so forth environments. In this reason, the e‐governance is realized on the basis of digital communications between different parties that requires strong protection of the information resources and personal data. The digital sustainability is an important task for e‐governance in the digital world. Article deals with principles of correct protection of the information resources (including in the cloud) by using strong procedures for access regulation of the external clients. Organization of Information Security Management System for identification, registration, authentication, and authorization of the requests is discussed. An investigation of the proposed functionality is made on the basis of stochastic analytical modelling by using the apparatus of Markov chains and statistical processing and interpretation of the obtained results.     

How not to think of land-grabbing: three critiques of large-scale investments in farmland

Large-scale investments in farmland have been criticized, chiefly, because of questions about the capacity of the countries targeted by these land deals to effectively manage these investments in order to ensure that they contribute to rural development and poverty alleviation. This article questions the idea that this is the only or even the main problem raised by such investments. If weak governance were the only problem, then appropriate regulation—and incentives to manage such investments correctly—would indeed be a solution. However the real concern behind the development of large-scale investments in farmland is that giving land away to investors, having better access to capital to ‘develop’, implies huge opportunity costs, as it will result in a type of farming that will have much less powerful poverty-reducing impacts, than if access to land and water were improved for the local farming communities; that it directs agriculture towards crops for export markets, increasing the vulnerability to price shocks of the target countries; and that even where titling schemes seek to protect land users from eviction, it accelerates the development of a market for land rights with potentially destructive effects on the livelihoods, both of the current land users that will face increased commercial pressure on land, and of groups depending on the commons—grazing and fishing grounds, and forests. The article maps these various levels of critiques. It concludes that we need to do more than impose a discipline on land-grabbing: we need a real alternative to this kind of investment in land.     

Cause and response: vulnerability and climate in the Anthropocene

Causal analysis of vulnerability aims to identify root causes of crises so that transformative solutions might be found. Yet root-cause analysis is absent from most climate response assessments. Framings for climate-change risk analysis often locate causality in hazards while attributing some causal weight to proximate social variables such as poverty or lack of capacity. They rarely ask why capacity is lacking, assets are inadequate or social protections are absent or fail. This contribution frames vulnerability and security as matters of access to assets and social protections. Assets and social protections each have their own context-contingent causal chains. A key recursive element in those causal chains is the ability – means and powers – of vulnerable people to influence the political economy that shapes their assets and social protections. Vulnerability is, as Sen rightly observed, linked to the lack of freedom – the freedom to influence the political economy that shapes these entitlements. In the Anthropocene, human causes of climate hazard must also now be accounted for in etiologies of disaster. However, attention to anthropogenic climate change should not occlude social causes of (and responsibility for) vulnerability – vulnerability is still produced in and by society.     

WTO规则与我国区域外资政策措施的“适世”思考

面对入世的现实 ,结合WTO规则 ,我国已修改了三资企业法等多部重要的外资法律。但是 ,我国目前的区域外资政策措施中仍存在不少与WTO规则相冲突之处。本文拟结合WTO涉及投资的有关协定和规则 (以TRIMs协议和GATS为主 ) ,分析我国区域外资政策措施与相关WTO规则在外资市场准入、外资国民待遇、外资数量限制等方面的冲突和差距 ,并结合我国引资的新形势和新近立法动态 ,对我国区域外资政策措施进行“适世”思考 ,提出逐步改进和完善我国区域外资政策措施的多方面突破口和导向性举措。     

Optimal Pricing of Court Services

Litigants are generally charged for using court services. The charges involved are usually set to achieve a combination of efficiency, equity and funding goals. This paper presents a simple model, based on regulated monopoly pricing, to address the question of how these charges should be set. We find that fixed fees generally form part of the optimal charging package, despite concerns about their regressive nature. Per-unit fees will also be used though they may be set below cost; in this case, a trade-off emerges and the fixed fee is used to achieve funding goals. Our model is a useful one for developing extensions from the nonlinear pricing literature.JEL K40, L50