我国金融监管制度供给过剩的法经济学分析

中国金融监管存在显著的制度供给过剩。金融监管制度供给过剩会增加交易成本,不符合效率原则。从法经济学的角度分析,中国金融监管制度供给过剩的原因在于金融监管供给与需求不匹配、权力监管模式下监管机关的粗放型制度供给以及金融监管的行政化。改变金融监管制度供给过剩的状况,应当引入金融监管的成本收益理念和问责机制,将金融监管由权力监管向市场化监管转变,并合理处理金融创新与金融监管的关系。     

The European Union's approach to online behavioural advertising: Protecting individuals or restricting business?

The European Union (EU) has firmly set its stall out to protect individuals' data and privacy and has demonstrated this through the rejection of the old opt-out regime and the introduction of the new opt-in rules. These require businesses to obtain individual's prior and informed consent before their data are collected, stored and used for the purposes of online behavioural advertising (OBA). Individuals in the EU are afforded protection from the apparent dangers relating to data privacy and misuse that is associated with OBA, which is beyond the expectation of most Internet users. However, there are some criticisms levelled at the law that the EU has produced. Is simply gaining informed consent sufficient for protecting all types of information? Do certain types of information require a higher level of consent than others? Does the law fulfil its aim of protecting data subject's privacy and data? Is the current law restrictive to business? Do individuals know or care that their information is being collected for the purposes of targeted advertising and is there a better way to ensure that they do? Finally, will proposed new law to be found in the EU Data Protection Regulation solve any of these problems? This article will assess whether, as a policy decision, the EU's current approach has been too cautious in its attempts to protect individuals or restrict business.     

电子商务法中删除权的法经济学分析

大数据时代的到来使得企业、团体、个人都可能获取他人信息,而当代互联网的特性——海量的数据信息、快捷的计算速度以及巨大的储存空间使大数据时代的个人信息保护问题尤为重要。国内外关于删除权的相关法律文本和司法实践已经有较多讨论展开,而从大国博弈、消费者选择和厂商行为三个视角对2019年电子商务法中有关删除权的合理性和前沿性做进一步探讨后,可开启另一认知路径。以法经济学理论和经济学原理进行论证分析后发现,我国需要专门的“个人信息保护法”以确立删除权,而鉴于立法成本和紧迫性,可暂通过完善司法的方式,实现保护公民个人信息的目的。     

Police Enforcement of Domestic Violence Laws: Supervisory Control or Officer Prerogatives?

Police officers are afforded a high degree of discretion in the exercise of their authority, and the control of this discretion is an important issue. While it is assumed that individual officer attitudes and preferences shape their discretionary activity, these officers are also members of a paramilitary organization with leaders over them. The present study explored the influence of both officer attitudes and management influences to explain variation in officer domestic violence arrest rates. Hierarchical linear modeling was used with a sample of 311 patrol officers and 61 supervisors from 23 municipal police agencies across multiple states. Unlike much of the previous literature, the results revealed that officer occupational attitudes had no effect on this particular officer work behavior. Management influences (such as rewards and written policies) significantly influenced officers’ domestic violence arrest behavior. The findings emphasize the complexity involved in the control of officer discretion.     

“Supporting me through emotional times,all different kinds of behaviour.” Forensic mental health service users understanding of positive behavioural support

This service evaluation project explored service users’ experiences of positive behavioural support (PBS) within a medium secure mental health service. Interpretative phenomenological analysis (IPA) was used to analyse interviews with ten service users. Four main themes emerged from the data: My plan; How I understand PBS; How PBS has helped me, the benefits; and Making the plan work. Overall, service users viewed their experience of having a PBS plan positively. They reflected that the plans offered staff greater understanding of their behaviours and needs, enabling them to receive appropriate support. Service users valued the experience of being involved in the process, offering important insights into their experiences. They also expressed frustrations about staff not following the plan and not understanding why they had a plan whilst others did not. Limitations of the study, clinical implications and ideas for future research have been discussed.     

电视新闻隐性采访的权利冲突

电视新闻隐性采访在发挥其强大的舆论监督功能的同时也带来了法律上的权利冲突,对这些权利冲突我们不仅应作一般性的价值理性意义的衡量,还应从社会经济效率出发作经济学意义上的量化利益均衡。     

刑法经济分析方法思辨

本文从经济学的角度 ,研究刑法中刑罚、犯罪的成本与效益的关系、探求怎样用有限的刑罚资源 ,发挥最优的刑罚威慑效果 ,从而达到以最少的刑罚资源达到最优的社会效益。     

Putting a price on drugs: An economic sociological study of price formation in illegal drug markets

Prices in illegal drug markets are difficult to predict. Based on qualitative interviews with 68 incarcerated drug dealers in Norway, we explore dealers’ perspectives on fair prices and the processes that influence their pricing decisions. Synthesized through economic sociology, we draw on perspectives from traditions as different as behavioral economics and cultural analysis to demonstrate how participants in illicit drug distribution base their pricing decisions on institutional context, social networks, and drug market cultures. We find that dealers take institutional constraints into consideration and search for niches with high earnings and low risks. The use of transactions embedded in social networks promotes a trusting form of governance, which enables strategic network management and expedient distribution but also uncompetitive pricing. Finally, dealers’ pricing decisions are embedded in three different cultures narratives: business, friendship, and street cultural stories, with widely varying implications for prices. Our findings demonstrate how an economic sociology of illicit drug distribution can extend insights from behavioral economics and cultural studies into a coherent criminology of illegal drug markets.     

内部控制制度与经济犯罪的信息经济学分析

在现代组织中广泛存在的委托代理关系可能诱发经济犯罪的产生,而内部控制制度因其自身特点可以监督和约束代理人的行为而抑制经济犯罪的发生。根据内部控制制度的目标要素和实施标准,从信息经济学角度分析,内部控制制度与经济犯罪有必然的因果联系,对症下药,要完善内部控制制度。