Cash at Your Fingertips: Biometric Technology for Transfers in Developing Countries*

In recent years, interest has soared in the development potential of well‐designed cash transfer programs. One particular application is the use of transfers by resource‐rich countries (as recently initiated by Iran) to distribute rents across their populations. An emerging body of research suggests that the development impact of such programs tends to be positive and that, especially when received by poor individuals or households, they can unlock constraints on economic activities, allowing a further increase in income. This paper considers the use of biometric technology to underpin transfer programs and how new technology is opening up possibilities for effective transfer programs that, up to now, have only been a theoretical option in the institutional conditions that prevail in many developing countries. Once implemented, biometric identification systems can be used to support a wide range of other development initiatives including banking, voting, health care, and general identification systems. The paper reviews some of the programs using these technologies and how it is enabling poor countries to leapfrog rich ones in the area of identity, much as the cellphone revolution did in the area of communications.     

同一财产上的质权之顺位探析

当同一财产上同时存在两个或两个以上的质权时,就需要明确质权之间的优先效力,确定各质权的顺位。在分析了动产质权、权利质权以及转质时质权的并存和顺位确定情况后,可以得出:确定质权顺位应当以公示公信为基本原则,遵守转质权优先于原质权规则和直接占有优先规则。     

论房屋租赁押金数额的立法规制

押租在中国古已有之，新中国成立后被禁止。2011年被《商品房屋租赁管理办法》默许，但该办法及其它相关法律对押金数额及押金的存放、押金利息的归属等方面没有任何规定。德国民法典和澳大利亚各州法有押金上限及押金须存于指定机构，利息归承租人的规定，日本和我国台湾省民法典虽然没有上限规定，但有其他补充方法。押金保护了出租人利益，却加重承租人负担，因此需要立法规制。我国应规定押金上限及大额押金须存于金融机构，利息归承租人，以平衡出租人与承租人的利益。     

Intergovernmental Fiscal Transfers and Fiscal Capacity

An intergovernmental fiscal transfer is an instrument used by governments to equalize fiscal capacity. However, with the large discrepancies in fiscal capacity among Local Authorities (LAs) in Kenya, it is evident that the intention of the instrument has not been met. These disparities lead to inequity as some LAs receive better services for their tax, while others do not.

Using panel data from 2001-2006 among 22 LAs, the Local Authority Transfer Fund (LATF) was found to be high in LAs that had substantial fiscal capacities. This suggests the need to revise the formula used in computing LATF.     

Intergovernmental transfers and fiscal equalization across the north-eastern states of India: Evidence from panel data

While numerous studies have tried to analyze the impact of intergovernmental transfers in fostering fiscal equalization in India, there need to be more studies in the context of north-eastern (NE) states. Situating in a geographically isolated and economically backward region, the states of NE India depend heavily on central fiscal transfers to meet expenditures and to promote various economic activities in the region. One of the essential objectives of these transfers is to achieve fiscal equity. Hence, the study attempts to analyze the fiscal equalizing nature of the intergovernmental transfers across NE India during 1991–2019. The coefficient of variation (CV) analysis results indicates that although fiscal transfers reduced the magnitude of disparity in the own-source revenue across the NE states, a significant amount of disparity still exists in the resource base across these states. The regression analysis findings suggest that the transfers across these states need to be more fiscal equalizing. The per capita gross state domestic product emerges as a positive and significant in predicting per capita transfers, and hence it questions the progressivity of central transfers. When assigning the interstate share of transfers, more weight should be placed on fiscal equalizing factors such as per capita income. The Finance Commission of India should emphasize fiscal equalizing criteria when allocating weights and recommending transfers to the NE States. Additionally, states with low incomes should be recognized in plan schemes.     

The Acquired Rights Directive and Compulsory Competitive Tendering in the UK: An Economic Perspective

This paper considers neglected economic aspects of the conflict between the desire of EU Member States to extend competitive tendering in their public sectors and EC law which guarantees terms and conditions of employment for workers who are transferred to a new employer. Whilst the Acquired Rights Directive explicitly contains reference to economic considerations, the debate concerning its revision has largely neglected economic analysis. Concentrating upon UK experience, we show how differences in the interpretation of the term economic in the Directive can give rise to a clash between principles of economic and legal decision-making.     

信用卡“养卡”、“套现”行为的刑法定性分析——兼与刘宪权教授商榷

信用卡养卡行为与套现行为,尽管在事实构造上存在不同,但是二者在刑法规范评价上应当做相同评价,只要行为人在养卡套现活动中收取手续费,均构成非法经营罪。类似借记卡性质的预付卡性质的预付费的储值卡、房贷卡等属于刑法意义上的＂信用卡＂,适用于《关于办理妨碍信用卡管理刑事案件具体应用法律若干问题的解释》第7条第一款关于信用卡＂套现＂中的＂信用卡＂。信用卡套现的司法解释是针对＂其他严重扰乱市场秩序的非法经营行为＂,而不是＂非法从事资金结算业务＂。持卡人以非法占有为目的,使用POS机为自己套现,恶意透支的构成非法经营罪和信用卡诈骗罪想象竞合。持卡人使用POS机为自己套现,随后产生非法占有目的恶意透支的,属于转化犯,构成信用卡诈骗罪,不再构成非法经营罪。     

信用卡套现犯罪案件侦防对策研究

及时搜集情报,迅速控制犯罪嫌疑人,加强与各金融机构的合作,强化取证工作,及时发出通报,做好布控工作和查明是否存在真实的交易记录和信用卡套现给银行造成的损失,是预防和打击信用卡套现犯罪的有效侦查对策。为防范信用卡套现犯罪案件的发生应加强立法,完善信用卡法律制度,大力拓展中小企业和个人贷款融资渠道,强化信用卡管理制度,完善发卡和收单机构管理机制,建立信用卡风险防范合作机制。     

Mandatory corporate social responsibility and provision of trade credit: Evidence from India

The relationship between corporate social responsibility and trade credit is investigated in this study via the trust (direct) and cash holding (indirect) channels. We discovered that corporate social responsibility and trade credit are strongly correlated, lending support to the trust channel. We also find evidence for the indirect route; particularly, enterprises with high CSR have high cash holdings, which are associated with less trade credit.