The New Punitive Regulation

There is now some evidence of a potential drift towards 'punitive' approaches to regulation in which greater emphasis is placed on criminal sanctions. This new enthusiasm for punishment can be seen in government policy, legislation and some regulators' public stances. There is evidence, however, that companies (even top ones) deal with punitive regulatory risks in a confused manner and that even when they do act rationally, this may not lead to compliance. One response to punitive approaches and their limitations is to move towards greater reliance on stimulating the self-regulatory capacities of corporations. Such stimulation, however, has to be carried out with an awareness of the dangers of self-regulation – notably that it may lead to controls that lack legitimacy, prove unfair and are exclusive and inefficient.     

WTO与中国保险经纪业

保险经纪业是中国新生的行业,入世使其在观念、市场、法规监管、公司经营和人才素质方面都面临巨大挑战。为了尽快与国际保险经纪市场接轨,拥有和外国发达保险经纪公司相抗衡的实力,我国必须在诸多方面采取切实有效的措施大力加以改进和完善。     

The struggle for press self-regulation in contemporary South Africa: Charting a course between an industry charade and a government doormat

Abstract

Self-regulation is widely seen as a way to balance media freedom with restraint. In South African press history, this balance has been the subject of contestation under apartheid. While the first 12 years after democracy were relatively uncontentious, concerns were raised in 2007 by proposals for statutory regulation proposals by the ruling party. The performance of the Press Council was an important component in the subsequent power-play around these proposals. This article assesses how independent performance of the system helped persuade the rulers to temporarily suspend their proposals and utilise the existing channels. However, the persistence of a narrow reactive practice of self-regulation provided space for the resumption of contestation in July 2010.     

从威权管制到社会治理——关于修订《大气污染防治法》的几点思考

我国《大气污染防治法》的修订正在进行之中,大气污染防治法的修订,仍存在一些有待解决的重大问题。除了基于气候变化问题对二氧化碳的规制作出回应,以及结合我国大气污染现状提出大气污染防治应引入分区管理制度外,现行《大气污染防治法》仍然呈现出以政府为主体,以污染企业为规制对象的单一化威权体制特征,其法律实施效果不佳,也不符合现代社会自我管制与和谐发展的要求。为此,需要加强市场激励机制的作用,为社会自我管制和公众参与提供条件,并基于行政责任和民事责任动因的不同,改变目前法律责任规定中重行政责任轻民事责任的现状。     

论司法行政机关与律师自律组织之关系

我国的律师监管体制经历了从单一司法行政管理阶段到行政管理和行业管理相结合的阶段.在不断加强和规范律师协会的行业自律管理的同时,我们必须看到律师协会行业管理的不足.为了克服律师协会自律管理的不足和缺陷,司法行政机关应该把管理重点从直接管理律师转变到管理律师自律组织上来,这样才能够形成行政管理和自治管理良性互动的律师管理模式.     

American standards: definition and differentiation through nonprofit regulation

Nongovernmental organizations are deeply enmeshed in global governance, as promoters and, increasingly, subjects of regulation. Focusing on the proliferation of self-regulatory initiatives, this article asks: Why do NGOs adopt governance initiatives? Do their subsequent regulatory experiences match their expectations? It investigates these questions through the analysis of InterAction, the American international NGO alliance, and its PVO Standards. Based on interviews with NGO leaders, it emphasizes collective meaning over material benefit: American NGOs constitute themselves as American NGOs through standards, with which they underscore their professionalism and market orientation. These gains do not accrue equally, however, with large, central organizations perceived to benefit most from regulation.     

Demand Created by the Growing Digital Economy for Innovations in Regulation from the Perspective of the Rule of Law

The digital economy can significantly deepen supply-side reform and upgrade consumption and lifestyle in the new era. While having made great achievements, the digital economy has also introduced many regulatory risks and troubles. The basic logic of the digital economy is the eco-industrial chain based on data and big data resources. Since the current data property rights system is unclear, various forms of competition based on data resources have seriously challenged existing laws and their implementation mechanisms. To address the problems of an insufficient institutional supply and weak implementation, and to facilitate the growth of the digital economy, we should update the regulations’ concepts and methods, establish a new logic of system regulations, improve the implementation mechanisms by using the overall and multi-level regulation thinking, and build a multi-dimensional, diversified and all-round economic rule of law regulation system led by the government with the participation of operators, consumers and social organizations. This regulation system relies on the synergy between top-level design and top-level promotion, respects the balance of multiple interests, and finally realizes the three-dimensional integration of efficiency, fairness and security.     

Editor’s Note

In the context of today’s big data and cloud computing, the global flow of data has become a powerful driver for international economic and investment growth. The EU and the U.S. have created two different paths for the legal regulation of the cross-border flow of personal data due to their respective historical traditions and realistic demands. The requirements for data protection have shown significant differences. The EU advocates localization of data and firmly restricts cross-border flow of personal data. The U.S. tends to protect personal data through industry self-regulation and government law enforcement. At the same time, these two paths also merge and supplement with each other. Based on this, China needs to learn from the legal regulatory paths of the EU and the US, respectively, to establish a legal idea that places equal emphasis on personal data protection and the development of the information industry. In terms of domestic law, the Cybersecurity Law of the People’s Republic of China needs to be improved and supplemented by relevant supporting legislation to improve the operability of the law; the industry self-discipline guidelines should be established; and various types of cross-border data need to be classified and supervised. In terms of international law, it is necessary to participate in international cooperation based on the priority of data sovereignty and promote the signing of bilateral, multilateral agreements, and international treaties on the cross-border flow of personal data.     

The Stability Operations Industry: The Shared Responsibility of Compliance and Ethics

Abstract

Companies in the stability operations industry have been subjected to painstaking scrutiny while critics have ignored the value they bring to contingency operations and government clients. Moreover, the scope of the industry is often overlooked by critics who paint a picture of uncontrollable companies making ridiculous profits. In response, this article offers some insight on stability operations, contracting processes, pitfalls, and opportunities. The article then discusses some of the criticisms that surround the industry. These criticisms are often due to sensationalized reporting, and a significant problem is that reports on criminal activity such as fraud and abuse are exaggerated. In contrast, the far larger problem of waste due to poor client planning and oversight is glossed over. Finally, the article discusses industry self-policing efforts that have emerged to support the use of professional and compliant businesses in stability operations. Ultimately it is governmental regulatory enforcement and quality contracting practices that will do the most to marginalize unethical companies, reward better firms, and improve partnerships and success rates in stability operations globally.     

传统中国的多元共治与伦理法制——兼论重塑多元共治

传统中国形成了一元化的行政管理与多元化社会基层组织自我管理有机结合的多元共治机制,这是出于社会环境的必然选择。在多元共治中,国家着眼于指导思想、文化背景、法制保障等方面建设,而具体的、细化的甚至是琐碎的管理事务则由基层社会组织完成。基层社会组织通过民间规约实现自我管理。伦理法制为维护基层组织权威和社会共同价值文化提供法制保障。创新社会管理在某种意义上亦是抹不去的历史回归。