网络信息安全犯罪的定量评价困境和突围路径——大数据背景下网络信息量化标准的反思和重构

刑法对网络安全的保护立场,正由网络运行安全转向网络信息安全。刑事立法更新不断增设网络信息安全专属罪名的同时,刑事司法的定量评价体系却未能一体构建,成为网络安全刑法保护的薄弱环节。当前网络信息安全犯罪的定量评价体系缺乏明确的逻辑主线,同时适用错位的“传统法益侵害程度”量化标准和模糊的“数据规模”新型量化标准,无法满足网络信息安全专属罪名司法适用的准确性和统一性需求,导致了司法适用的困境。消弭规范和技术之间的差异,以“信息规模”为定量评价核心的基础上,建构信息价值的分层评价模型,并将“组信息”作为基础的数据规模计量单位,是大数据时代背景下,突破网络信息安全犯罪司法定量评价困境的合理路径。     

The Cosponsorship Patterns of Reserved Seat Legislators

This study analyzes the bill cosponsorship behavior of reserved seat legislators in the Pakistan National Assembly, where special legislative seats are reserved for women and religious minorities. It offers a critical case because two theories on reserved seat legislators—the theory of electoral incentives and the theory of institutional weakness—lead to opposite predictions about the extent to which such legislators will engage in bill cosponsorship, with the former (latter) predicting the negative (positive) effect of reserved seats. I find that women and minorities in reserved seats initiate a greater number of bills and cosponsor bills with a larger number of peers than nonreserved male legislators. Using network analysis, I also show that reserved legislators tend to play a role in bridging different partisan blocs of legislators within the cosponsorship network. These empirical patterns provide support to the theory of institutional weakness, rather than to the theory of electoral incentives.     

基于校园网的公安教学初探

随着网络技术的迅猛发展,校园网已成为公安高校信息化教育的组成部分,对公安教学工作产生了重要影响和作用。它既为教师教学、科研工作带来极大的便利,又为学生学习提供了良好的实践环境,同时也实现了公安教学资源共享和丰富了公安教学方式。但是在校园网应用过程中出现的诸多问题阻碍了其作用的发挥。为此,必须扩大校园网的覆盖面;转变教师的教育思想观念;提高师生信息素养;丰富校园网络教学资源;建立和完善公安院校网络教学的评价体系。     

Between Government and Governance: Opening the Black Box of the Transformation Thesis

The notion of going from government to governance, known as the transformation thesis, as depicted in early Governance Theory has been subjected to substantive critique. This paper explores two different stances of such critique. The first critical stance is represented by Jonathan S. Davies’ 2011 book “Challenging Governance Theory: From networks to hegemony” and entails a radical rejection of the transformation thesis. The second stance offers a more moderate reconfiguration of the transformation thesis and is represented by the recently co-authored work of several prominent governance theorists titled “Interactive Governance: Advancing the paradigm”. While both aspire to set new agendas for governance research, this paper argues that the latter reconfiguration carries a problematic preposition towards overemphasizing the separation between government and governance practices.     

Network structure and collaborative innovation processes—A comparative analysis of two elderly service networks in Shanghai

How does the structure of government‐funded service networks affect the process of service innovation? We have conducted a comparative analysis of the structure and processes of collaborative innovation of 2 government‐funded community‐based elderly service networks in Shanghai. We have found that in consistent with the literature, a network that has a network administrative organization structure is better able to manage the process of service innovation in a way that balances the need to achieve government policy goals on the one hand and the imperative to facilitate bottom‐up citizen participation on the other. Surprisingly, contrary to what prior studies have suggested, we have found that a network in which a lead organization plays a dominant role, despite its more centralized process of service innovation, is often able to deliver a variety of high‐quality and low‐cost services addressing citizens' needs. With the leadership provided by the network lead organization and its close affiliation with the street‐office government, the network has been able to solicit government support. Such a hierarchical yet responsive state‐society relation has emerged as a result of the coalescence of a corporatist state legacy and an increasing pressure for local governments to seek citizens' support in service delivery.     

The Pyu Ancient Cities World Heritage application: lessons from Myanmar on transnational advocacy networks

The announcement of 22 June 2014 from the World Heritage Committee that Pyu Ancient Cities had been added to the World Heritage List was significant for Myanmar, since it represented the country’s first World Heritage site. The World Heritage listing was the culmination of a process driven by a convergence of forces originating from within and outside of Myanmar. An interpretation of Pyu Ancient Cities as involving a transnational network of supporters echoes the work on transnational advocacy networks, which looks to phenomena involving transnational efforts to advance particular issues on behalf of activists against their government. This study examines Pyu Ancient Cities by producing a model that helps to illuminate the efficacy of its social network to engage in transnational advocacy.     

论网络“人肉搜索”在侦查工作中的运用

网络人肉搜索是在现代信息科技手段的辅助下,人工参与并提纯信息的一种新兴信息获取方式。实践证明,人肉搜索强大的搜索能力有助于侦查部门查明犯罪嫌疑人身份、锁定犯罪嫌疑人位置、扩大破案线索、查明尸源。人肉搜索在侦查中的运用,是网络时代侦查破案的新途径,是侦查工作群众路线的新形式。在侦查工作中,人肉搜索的运用应当作为一种最后手段,在运用的范围、条件和程序上进行严格控制,在运用方法上要科学合理,兴其利而除其弊,合法地为侦查破案服务。     

NGO networks in Central Asia and global civil society: potentials and limitations

Based on research carried out by INTRAC (International NGO Training & Research Centre) in 2006–2007 in four countries of Central Asia for Oxfam–Novib, the article investigates NGO networks and their international links in the context of current theory on civil society and global civil society. Three case studies of NGOs working in service delivery, community development and free media are examined to show the diversity of aims and the potential and challenges of networking in the region. Civil society advocacy at national and international levels is analysed with a fourth case study on the campaign conducted in Kyrgyzstan against joining the World Bank's Highly Indebted Poor Countries programme. This example shows a more radical, alternative mode of civil society activism. The article emphasizes the importance of national- and regional-level networking and poses the question of whether NGOs in Central Asia can shift from their current positions on the periphery of global movements and debates.     

Transatlantic Institutions: Can Partnership be Engineered?

The transatlantic alliance is widely viewed as being in a state of decline. Conflict over the war in Iraq highlighted a growing divergence between the Bush administration and European Union governments in their attitudes towards multilateralism. The rift severely tested institutions created to manage bilateral EU–US relations in the aftermath of the cold war. This article examines how well this institutional architecture has held up. It scrutinises the limitations of networked governance in transatlantic relations and acknowledges the quandary of trying to manufacture partnership using imperfect institutions. The Brussels–Washington channel is only one among many through which transatlantic relations flow, but we argue that it continues to gain in importance. Despite the limits of institutional engineering, we conclude that the US and the EU remain each other's most important ally.     

劳动关系视角下的网约用工纠纷研究

近年来,网络平台与网约工的劳动纠纷开始显现在司法实务中。面对类似纠纷,法院采取了不同的立场。尽管网约用工打破了过去"单一企业对应单一员工"的劳动关系模式,但根据现行法律,仅凭合作协议难以认定网络平台与网约工存在劳动关系。一方面应当区分网约工与网络平台签订劳动合同、网络平台与其它企业进行合作、网络平台直接与网约工签订合作协议三种形式,另一方面应当在司法实践中对"各项劳动规章制度适用"、"受劳动管理"、"从事用人单位安排的有报酬的劳动"进行统一规范解释。最后应当在司法经验基础上根据"互联网+"背景下共享经济的特点完善劳动法。