关于中国反垄断立法的几点思考

中国反垄断立法进程缓慢源于思想认识、行政垄断、行业和政府的阻力。对垄断和不正＂-5竞争分别立法适合我国国情;设立多元化的反垄断执法机构有利于节省行政资源;如何设立地方反垄断执法机构对规制行政垄断起着重要作用。     

论推进民营企业自主创新

民营企业是我国市场经济中最具活力的部分。推进民营企业自主创新,是加速我国经济社会发展、提升我国国际竞争力的迫切需要。要通过制度创新,增强民营企业的创新意识,改善民营企业自主创新的社会环境、政策环境和法治环境,提升民营企业的自主创新能力。     

"此是东井冈会师天下壮"——略谈东固斗争的历史意义

东固斗争,在红军游击战争和苏维埃运动初期颇具特色,它是赣西南红军游击战争和苏维埃运动的发祥地。它承接了赣西南武装斗争中心地区的使命,在农村建立秘密根据地发展红军,点燃了赣西南红军游击战争和苏维埃运动的星星之火;它在探索中国革命正确道路的斗争中,创造了独具特色的"游击秘密割据",成为"工农武装割据"初级阶段最佳的开展形式;它以"李文林式"的斗争与"朱毛式"的斗争相呼应,坚持与发展了赣西南红军游击战争和苏维埃运动,促进了红三军和赣西南苏区的建立。     

Displacing your Principal. Two Historical Case Studies of Some Interest for the Constitutional Future of Europe

The framework of public decisions, and particularly the provision of law, is seen here as an agency contract. What distinguishes this contract is the nature of the right delegated to the agent: The capacity to make law gives the opportunity to take advantage of the incompleteness of the constitutional contract. The agency relationship may be loosened or even reversed. This article tries to draw some lessons from the English and American history in that matter and applies them to the making of the future European State.     

按份共有人的若干权利探讨

按份共有人享有应有份的处分权,由于应有份本身也只是一种抽象的权利,没有特定化,因此无法适用以物的特定化为前提的出租和用益物权关系;按份共有人对共有物的占有、收益和管理权主要是通过约定来实现,没有约定的,则通过相关法律技术来予以确定,但这种确定相对模糊。对于分管协议,公示对于其是否具有对抗第三人的效力作用甚大。     

The regulatory state in developing countries: Redistribution and regulatory failure in Brazil

Following the traditional doctrine of the “regulatory state”, regulatory agencies should be given very focused mandates and stay away from the politicized realm of distributive policies and decisions. An opposing perspective would state that if regulatory agencies can contribute to economic redistribution, positive results such as network expansion, economies of scale, and fiscal efficiency will ultimately lead to lower levels of regulatory failure. This article tests whether, in countries of high socio-economic inequality, such as Brazil, the active incorporation of distributive considerations by regulatory agencies leads to lower levels of failure. Through the analysis of the activities of seven Brazilian network regulatory agencies, the article develops theory-driven expectations and tests these expectations using crisp set Qualitative Comparative Analysis (csQCA). It concludes that not prioritizing redistribution is a necessary but not a sufficient condition for regulatory agencies' failure. In most types of failure, a lack of priority to redistribution leads to failure when combined with low regulatory capacity and low levels of competence.     

Tussle for space: The politics of mock-compliance with global financial standards in developing countries

As efforts to harmonize policies globally intensify, developing countries increasingly face pressures to adopt international standards. Yet, we know little about the circumstances under which developing countries manage to circumvent such pressures, or about their strategies to maintain policy space. We explore under which conditions developing countries are willing and able to sustain mock-compliance, a situation where countries comply on paper but not in practice. Using country comparisons of Angola's, Nigeria's, Tanzania's, and Vietnam's engagement with the Basel banking standards, we show how three factors combine to produce sustained mock-compliance: high costs of outright non-compliance due to outward-orientated banking sectors; high political costs of substantive compliance; and state control over profitable markets. Our article contributes to theory-building in the literature on compliance and structural power as well as to broader debates about developing countries' policy autonomy in their engagement with global financial norms.     

Still a poster child for social investment? Changing regulatory dynamics of early childhood education and care in Denmark and Sweden

This paper investigates the regulation of publicly organized early childhood education and care (ECEC) in Denmark and Sweden, through the regulatory welfare state (RWS) framework. The analysis focuses on how alterations in funding and quality of care are shaped by governmental and nongovernmental actors at national and local levels of government. Through focused structured analysis, we examine how various actors have shaped the funding and quality of childcare in Denmark and Sweden, from the early 2000s to 2020, with special attention to the period during and after the 2008 financial crisis. In the aftermath of the financial crisis, concerns about quality in care were raised on the political agenda by various actors in both countries, leading to decisions to improve the quality of care. Yet, the regulatory dynamics differ: In Denmark, the debate led to a decision in 2019, to implement a minimum statutory requirement of regulatory quality standards. From an RWS perspective, this outcome can be qualified as “double expansion,” because regulatory quality standards, and public funding for childcare increased. In Sweden, the debates about quality of ECEC led, in 2016, to political guidelines about quality standard, but with no additional national funds, and no mandatory regulatory quality requirements. Analytically, this can be qualified as “regulatory-led expansion,” that is requirements for quality standards, although the lack of additional national funds suggests that it will be difficult to improve ECEC quality substantially. The RWS perspective, which focuses on national and municipal levels of governance, also gives insights into hidden inequalities between municipalities regarding funding and quality of ECEC, which are more pronounced in Sweden than in Denmark.     

Globalization and regulatory change: The interplay of laws and technologies in E-commerce in Southeast Asia

Electronic commerce has brought about business and technological changes globally, and these global changes have given rise to major legal reforms across nations. In the fast-changing global digital economy, states need strategies to maintain competitiveness of their markets while simultaneously ensuring the secure and effective use of technologies involved in conducting electronic transactions. This paper examines how the use and recognition of electronic signatures are regulated in Southeast Asia – the region that has shown the most significant growth in global e-commerce in past few years. Based on a comparative analysis of the laws of four representative ASEAN member states – namely Singapore, Thailand, Malaysia, and Vietnam, this paper argues that there is a regional trend towards adopting more liberal and technology-neutral standards for electronic signatures. Electronic signature regulation in Southeast Asia is now built upon limited technological neutrality (or the so-called “two-tiered” approach) as a shared regulatory understanding, but this approach is operationalized differently in each state due to distinctive national contexts. Within the common legal framework, each state has developed its own system of control and management with respect to higher-level signatures (using advanced technologies). The principle of technological neutrality, a concept originally developed for the regulation of technologies in response to the liberalization of telecommunications market, has been the central theme of discussions on the e-transactions policy-making scene. As the author shows, in the process through which states localize the global standards of technological neutrality, ASEAN as a vehicle of regulatory change has played an essential role in translating this principle to the national context.     

Robots,standards and the law: Rivalries between private standards and public policymaking for robot governance

This article explains the complex intertwinement between public and private regulators in the case of robot technology. Public policymaking ensures broad multi-stakeholder protected scope, but its abstractness often fails in intelligibility and applicability. Private standards, on the contrary, are more concrete and applicable, but most of the times they are voluntary and reflect industry interests. The ‘better regulation’ approach of the EU may increase the use of evidence to inform policy and lawmaking, and the involvement of different stakeholders. Current hard-lawmaking instruments do not appear to take advantage of the knowledge produced by standard-based regulations, virtually wasting their potential benefits. This fact affects the legal certainty with regards to a fast-paced changing environment like robotics. In this paper, we investigate the challenges of overlapping public/private regulatory initiatives that govern robot technologies in general, and in the concrete of healthcare robot technologies. We wonder until what extent robotics should be governed only by standards. We also reflect on how public policymaking could increase their technical understanding of robot technology to devise an applicable and comprehensive framework for this technology. In this respect, we propose different ways to integrate the technical know-how into policymaking (e.g., collecting the data/knowledge generated from the impact assessments in shared data repositories, and using it for evidence-based policies) and to strengthen the legitimacy of standards.