日本信托法修改及其信托观念的发展

日本是大陆法系中引入信托法比较早的国家,日本的信托法经过80多年的发展,在吸收和转化原本来自英美法的信托制度方面有着丰富的经验。这些经验对于我国信托法的理论和实践发展都有重要的借鉴意义。2006年12月,日本信托法进行了大量修改。研究此次修改以及这一修改背后的理论变迁,对我国信托法理论的发展应该有所补益。     

From gold to futurity: a semiotic overview on trust,legal tender and fiat money

ABSTRACT

In the first part of the paper, I am summarizing the most relevant findings of the semiotic study of the money sign. It starts with a tripartition of the major types, namely commodity money, representative money, and fiat money. I then use this approach in order to position the most important contributions of other authors from semiotics and surrounding disciplines. In the second part, I develop a semiotic reading of the notion of legal tender where the latter is seen as a semiotic mechanism that provides particular conditions for the formation of the value of money. I combine a historical review with stress on important theoretic reflections during the development and implementation of pure legal tender money. The last part is dedicated to a proposal for a semiotic model of the fiat money sign. The model is developed and implemented as a reflection on some critical readings of the world financial crisis from 2008 to 2009, where the “semiotization of money” was used for explication. My model is based on one of the most insightful definitions of money, which sees them as “trust inscribed”.     

Public Service Performance and Trust in Government: The Problem of Causality

Abstract

Concerns for restoring citizens' trust in government are at the core of public sector modernization. Public distrust is often blamed on the bad functioning of public services, and in political discourse well‐functioning public services are said to create trust in government. This is a very rational and mechanistic reasoning, only part of which corresponds to reality. The link between performance and trust can only be made when very specific conditions are present. The core of the discussion deals with causality: it is obvious that performance of the public administration has a certain impact on trust in government, but existing levels of trust in government may also have an impact on perceptions of government performance. In this article, we outline a framework for research on this performance–trust relation.     

Muslim communities attitudes towards and recruitment into the British police service

Recent UK media reports have often portrayed Muslim communities in a negative light (Allen, 2010). Indeed, the frequent media focus of Muslim's being arrested for counter-terrorism offences have been reported in great length. Yet the Muslim community remains diverse and is one of the longest established UK communities within Britain. However, previous studies show that there remains a tense relationship with the police and Muslim communities (Awan, 2011) with negative attitudes held by many young British Muslims towards the police (Kundnani, 2009), and indeed negativity remains stronger from young people from minority ethnic communities. The focus and aim of this research was to gather perceptions from the Muslim community in Birmingham as regards whether they would choose or recommend a career within the police service. Thus the objective for the study was to try and get a better understanding of Muslim perceptions about police recruitment.This article reports on the findings and implications of a small-scale study conducted in 2011 comprising of interviews with two Muslim groups namely the Bangladeshi and Pakistani communities from Birmingham (in the UK), where 20 people were interviewed in four groups consisting of (5) participants. The categories included Young People (aged between 15 years and 18 years); Community Leaders; Mosque Representatives and Female Groups (aged between 18 years and 30 years) which aimed to identify and gather the views of Muslim communities in respect to their views about choosing a career with the police service. Analysis revealed that the Muslim community responded in a fairly homogeneous way: they had a lack of trust towards the police and also issues were raised about the legality of counter-terrorism policing operations; a perception that the police service were a racist organisation and that the police had failed to engage with the Muslim community in Birmingham which had left a negative experience of Muslim communities and the police.³ Recommendations to improve the image and recruitment into the police service include more pro-active work with local communities and the use of community policing as a means to reach out to otherwise ‘hard to reach groups’.     

论动产抵押

动产抵押乃是英美法系上的一项制度,我国担保法将动产抵押物的范围扩及于一般的动产之上,与大陆法系传统物权法上的抵押制度有明显区别。我国现行的动产抵押制度与传统物权法的公示公信原则、物权法的效力体系以及物权法的逻辑体系等形成了严重的冲突。需要重新界定和厘清动产抵押制度的性质、动产抵押物的范围以及动产抵押权的要件和效力。     

我国缔约过失责任制度赔偿范围的法理思考

本文详细阐述了缔约过失责任的法律特征与法律内涵 ,通过对这些具体内容的分析与归纳最终确立了缔约过失责任的赔偿范围不仅包括信赖利益的损失而且包括了固有利益的损失 ,并分析了信赖利益与固有利益的具体损害赔偿范围。     

Reparations To Victims Before The International Criminal Court: Lessons From International Mass Claims Processes

The implementation of the rights of victims under the Rome Statute of the International Criminal Court presents momentous challenges to the Court. Given the nature of the crimes falling under the Court's jurisdiction, victims' reparation claims are often likely to number thousands, if not tens of thousands. Under the Statute, it is the Court's task to organize and determine the modalities of victims' participation in the reparation proceedings. The Court is well advised to closely examine the approaches and solutions developed by modern international and national mass claims programs that have faced similar challenges. The paper analyses in detail these challenges and outlines the options available to the Court. The authors are attorneys with Lalive, an international law firm based in Geneva, Switzerland. For further information see http://www.lalive.ch.     

Solving the legal challenges of trustworthy online identity

Digital identity management is fundamental to the further development of the Internet economy. It is a foundational requirement for most substantive e-commerce transactions and other online activities.     

提高选人用人公信度问题研究

党的十七大报告首次提出，“坚持正确用人导向，按照德才兼备、注重实绩、群众公认原则选拔干部，提高选人用人公信度。”选人用人公信度，既是党员干部群众对干部选任工作结果的认可度问题，又是对干部选任工作过程的认可度问题，是衡量干部选任工作水平的一项综合性指标。新的形势下，如何认真贯彻选人用人标准，提高公信度和满意度是检验民主政治水平高低的一个重要标准，也是我们在干部工作中必须审视和思考的重大问题。     

区域共同市场秩序：重复博弈中的交易信任

生产要素跨区域流动和交易需要和谐的区域共同市场秩序,区域共同市场秩序是在交易的重复博弈中逐渐形成的,而重复博弈则要有产权明晰、市场开放、市场规则、利益协调等制度条件来保证。