应对电子商务犯罪之精益侦查

电子商务犯罪是当前一种相对新颖的犯罪类型,我国尚无非常高效的侦查应对制度.借鉴经济学领域的“精益生产”理念,以宏观的视角架构了一种全新模式的侦查制度——精益侦查以应对之.针对电子商务犯罪的非对称态势、当前侦查制度的局限提出了大胆而可行的创新对策,包括侦查机制体制、技术手段、案件管辖、证据收集制度和人员归案制度.     

TRIPS协定下药品试验数据保护的政府义务

TRIPS协定第39.3条为成员方政府设置了保护药品试验数据义务的最低标准,成员方在遵循基本义务的前提下,在药品数据保护制度的制定和实施中仍有一定的灵活度和自由空间,不同成员方可以采取不同的立法模式。无论从履行国际义务的层面,还是从促进我国制药产业的创新与发展的角度来说,药品试验数据保护都是政府需要承担的义务和职责。应在现有的法律规定下,结合我国行业发展情况的实际,研究制定进一步的实施细则。     

Ethnic Profiling: A Rising Challenge for European Human Rights Law

Ethnic profiling, defined as the use of racial, ethnic or religious background as a determining criterion for the adoption of law enforcement decisions, has been rising significantly in Europe, in particular in the wake of the terrorist attacks of 11 September 2001. This article examines whether European human rights law is well equipped to deal with this challenge, and if not, how it should be reformed. Against the widely held assumption that personal data protection legislation is insufficiently protective of 'sensitive' data relating to race or ethnicity, it explains instead why combating ethnic profiling has been made more difficult, rather than less, by an overly protective reading of the requirements of data protection laws. It then discusses the additional measures that European states could take to address more effectively the human rights concerns prompted by the development of ethnic profiling.     

China＇s Higher Education System＂ A Case for Cautious Optimism

Although China＇s unemployment rate for university graduates is quite high and overall satisfaction among students is lower than desired, there are some universities experiencing atypical results. The authors build on previous surveys conducted in 2008 and 2010 by conducting the third survey of students in a university in eastern China. The results are atypical. Student satisfaction is much higher in certain categories than anticipated. Follow-up surveys of faculty members find that they prioritized teaching more than research and this accounts for the difference between the results observed here and those found previously. In short, the faculty at this university disregarded the incentive system and prioritized teaching above what the system was designed for. In turn, students experienced higher levels of satisfaction than the norm for Chinese universities. Faculty acknowledged that they were rewarded for research but prioritized teaching. While it is possible that some might disregard economic incentives for other priorities, it is highly unlikely a majority would. A more compelling explanation is the well-thought-out and highly developed two-fold incentive system this university uses, which can be exported to other Chinese universities seeking similar results.     

农业税费改革对农业经济增长影响的实证分析：1996—2010

本文在回顾我国农业税费改革历程的基础上，首先从理论上分析了农业税费改革对农业经济的影响，然后采用拓展的柯布一道格拉斯生产函数模型，利用农业税费制度改革前后15年31个省、市、自治区的面板数据分析和检验了税费制度变迁对我国农业经济增长的影响；并分区域对东部、中部和西部的影响程度进行比较分析，最后在结论部分有针对性地提出一些对策建议。     

VMware虚拟磁盘结构分析及在电子数据取证中的应用

详细分析了VMware的虚拟磁盘结构,并针对电子数据取证中的磁盘镜像虚拟加载、虚拟机数据迁移、虚拟磁盘文件的搜索和虚拟磁盘数据的鉴定与恢复等实际问题提出相应的解决方案。     

Body scanners versus privacy and data protection

In recent history, the world has experienced dramatic events which have had a substantial effect on the balance between human rights protection and security measures. Body scanners installed at airports are intended to protect our lives. But at the same time they have a serious impact on privacy and data protection. The international legislation allows limiting people’s rights and freedoms, but only if it is in accordance with the law and is proportionate and necessary for national security, public safety and for the protection of the rights and freedoms of others. Do body scanners respect these principles? The article examines the current situation, its background and future prospects. It discusses and analyzes the key terms and legal instruments, problems, disputes and proposed “safeguards”. The work concludes by pointing out the unlawfulness of current regimes and sets forth perspective on the possible solutions.     

基于犯罪模糊数据库的知识发现

根据模糊数据库的理论研究及实际开发状况,对犯罪模糊数据库中知识发现的几个问题进行了探讨。研究表明,模糊关系数据库是开发不确定性系统的非常重要的工具。文中指出,模糊算法和计算机语言的有机结合,会产生程序的学习系统,最后描述了一个基于模糊犯罪数据库的知识发现算法。     

Identity crisis: Global challenges of identity protection in a networked world

Modern identity is valuable, multi-functional and complex. Today we typically manage multiple versions of self, made visible in digital trails distributed widely across offline and online spaces. Yet, technology-mediated identity leads us into crisis. Enduring accessibility to greater and growing personal details online, alongside increases in both computing power and data linkage techniques, fuel fears of identity exploitation. Will it be stolen? Who controls it? Are others aggregating or analysing our identities to infer new data about us without our knowledge or consent? New challenges present themselves globally around these fears, as manifested by concerns over massive online data breaches and automated identification technologies, which also highlight the conundrum faced by governments about how to safeguard individuals' interests on the Web while striking a fair balance with wider public interests. This paper reflects upon some of these problems as part of the inter-disciplinary, transatlantic ‘SuperIdentity’ project investigating links between cyber and real-world identifiers. To meet the crisis, we explore the relationship between identity and digitisation from the perspective of policy and law. We conclude that traditional models of identity protection need supplementing with new ways of thinking, including pioneering ‘technical-legal’ initiatives that are sensitive to the different risks that threaten our digital identity integrity. Only by re-conceiving identity dynamically to appreciate the increasing capabilities for connectivity between different aspects of our identity across the cyber and the physical domains, will policy and law be able to keep up with and address the challenges that lie ahead in our progressively networked world.