构建畲族地区和谐社会的原则和方法

本文通过对浙江省云和县山脚畲村的田野调查，分析发现在当今的畲族地区，存在着畲族家法族规制度与国家制定法并存的现象，它们之间既有一致的地方，又存在着冲突。针对这种状况，提出了构建和谐社会，调适两者关系的原则与方法     

SPACE AS PARADIGM OF INTERNET REGULATION

Right now internet regulation is standing at the crossroads. Its problem-driven evolution has led to a conglomerate of seemingly diverse rules, which can hardly be structured as one cohesive area of law. Nevertheless, a consolidation of these rules as one cross-sectional field of law is can be identified. The discussion about the terms “internet regulation” and “internet governance” as well as recent developments in this field indicate that a paradigm shift in internet regulation is ongoing. Whereas self-regulation has been the determining mode of internet governance for a long time, internet regulation in the sense of public regulation is currently gaining more influence. This transformation is accompanied by the rising importance of a traditional paradigm of law: the idea of space. Even though the idea of space finds itself challenged with regard to the internet, it can give substance to many different aspects of internet regulation.     

Minimum Alcohol Pricing: Balancing the ‘Essentially Incomparable’ in Scotch Whisky

This note contrasts the approaches taken by the Court of Justice of the European Union and the UK Supreme Court in the high‐profile litigation which preceded the introduction of minimum alcohol pricing in Scotland. The case of Scotch Whisky Association and others v The Lord Advocate and another hinged, ultimately, on the necessity of minimum pricing to achieve important public health goals. The notably differing viewpoints adopted by the domestic and Union courts, however, both illustrate the elusiveness of the proportionality criterion, and expose tensions between domestic and supranational control in the context of internal market regulation.     

Challenge of Firearms Control in a Free Society

Chapter 10 of The Challenge of Crime in a Free Society, titled “Control of Firearms,” is a brief but strong statement in support of regulating gun transactions, possession, and carrying, with several specific recommendations, including the adoption of universal gun registration and permit‐to‐purchase requirements. The U.S. President's Commission on Law Enforcement and Administration of Justice, when writing the chapter, had no systematic research to draw on. Since its publication in 1967, the field of gun violence has become an active area of research, and much has been learned. But the nation has become far more polarized politically during the last 50 years, and gun policy has become a rigidly partisan issue. A new commission would have great difficulty reaching consensus, although there may be common ground on regulating guns vis‐à‐vis mental illness and domestic violence.     

Banking in the cloud: Part 3 – contractual issues

This paper looks at EU banks' use of public cloud computing services. It is based primarily on anonymised interviews with banks, cloud providers, advisers, and financial services regulators. The findings are presented in three parts. Part 1 of this paper explored the extent to which banks operating in the EU, including global banks, use public cloud computing services. Part 2 of this paper covered the main legal and regulatory issues that may affect banks' use of cloud services.Part 3 looks at the key contractual issues that arise in negotiations between banks and cloud service providers, including data protection requirements, complexities caused by the layering of cloud services, termination, service changes, and liability. It also presents the overall conclusion derived from the studies conducted, as set out in the three parts of the paper.All three parts of the paper can be accessed via Computer Law and Security Review's page on ScienceDirect at: http://www.sciencedirect.com/science/journal/02673649?sdc=2. The full list of sources is available via the same link and will be printed at the end of this part of the article.     

Executive functioning and bullying participant roles: Differences for boys and girls

Bullying is a process of direct (i.e., youth who bully and are victimized) and indirect (i.e., bystanders) social exchanges. Though researchers often examine social and emotional correlates of bullying role behaviors, it is important to also consider the underlying cognitive processes associated with different bullying roles such as socially oriented cognitive processes associated with executive functions. The goal of the current study was to examine executive functions associated with types of bullying role behavior (aggression, victimization, defending, assisting, and outsider behavior) and differences between boys and girls within a sample of 689 third- to eighth-grade students (51% male, 49% female). Victimization was significantly and negatively associated with each executive function. Defending was positively associated with emotion regulation for upper elementary school students, but not for middle school students. Outsider behavior was significantly and negatively associated with self-monitoring, flexibility, and initiation.     

“套路贷”及其衍生犯罪的逻辑展开

当前法规对如何认定与处置“套路贷”犯罪作了规范与要求,但对该类犯罪的衍生形态“套路借”犯罪的处罚却处于不明朗的状态,这在客观上会影响并制约对“套路贷”犯罪的打击效果。鉴于司法实践中存在问题,有必要对“套路贷”及其衍生犯罪的深层逻辑展开分析。利用逻辑具有结构性的特点,对“套路贷”犯罪的逻辑内涵、逻辑前提、逻辑构造进行深入研究,即对构成“套路贷”犯罪的结构要件与方式要件,以及确认此类犯罪的基础事实与特别事实,形式事实与内容事实展开分析。并由此发掘治理“套路贷”及其衍生犯罪的底层逻辑,即以行政规制为逻辑起点,以金融规制为重要环节,关注证据标准,明确违法与犯罪的区分,同时做好相关配套措施的改革与完善。     

试论中国社会分层与共同富裕并行不悖

中国社会分层结构,目前正处于一种复杂的结构变化过程。中国社会资源的扩散和重新配置,引起社会结构的变迁,出现 数量不多的"富人"和一个有一定规模的社会底层。国家既要允许和鼓励一部分人先富起来,又要在初始分配后通过法律、法规、财政 税收和社会福利保障政策,缩小初始收入分配的差距,努力实现全体人民的共同富裕。     

论转投资对传统公司法理念的冲击与挑战

越来越普及的公司转投资 (即对外投资行为 )对传统的公司法理念造成了巨大的冲击 ,动摇了人们长期以来所坚持的“独立主体说”、“公司社团性”等理论的基础。转投资是关联企业形成的重要原因 ,也是一人公司得以产生的主要原因 ,它不仅对公司的资本真实原则造成冲击 ,而且导致了公司“越权规则”的衰落。本文主要从转投资与关联企业、转投资与一人公司、转投资与公司资本真实原则和转投资与“越权规则”等四个方面阐述了转投资对传统公司法理念造成的冲击与挑战     

公司社会责任若干问题研究

本文选取公司社会责任理论的三方面问题予以了讨论。首先公司社会责任理论和实践发端的两个里程碑 ,挖掘其历史背景 ,正本清源 ,探寻有益的启示 ;其次就当今中国推行公司社会责任的两个特殊问题加以讨论 ;最后研究的是公司承担社会责任的法律调整方式上的两方面问题