民法视野中的网络转载直接侵权之归责

网络转载行为在极大地丰富互联网信息的同时,也可能侵犯到著作权人的信息网络传播权。平衡网络发展与著作权保护之间的冲突是解决纠纷的正确思路。应当在明确界定网络转载直接侵权行为的基础上,以责任归结为路径,实行过错推定责任。     

关于中国财政分权制度的思考

财政分权是财税体制的关键.随着经济发展,我国分税制财政体制的问题逐渐凸现.这与我国非制度化的中央集权,"职责同构"的行政体制密切相关.财政体制改革应当从创新行政管理体制,实现中央和地方关系的法治化、制度化两方面着手.     

金融危机中避免失业减少裁员之策——德国的对策

金融危机席卷全球,各国面临着同样的问题:经济萎缩,产量下滑,就业困难。德国劳动法框架内避免或者减少裁员的做法主要是:在工作量减少时,采取放弃加班,减少使用劳务派遣工,消耗时间账户的盈余,预支年休假,实行短时工作制或者减时减薪等措施。在无法避免裁员时,通过制定"社会计划",给予失业金救济金,以减少对员工的不利影响。     

Does online voting change the outcome? Evidence from a multi-mode public policy referendum

Do online and offline voters differ in terms of policy preferences? The growth of Internet voting in recent years has opened up new channels of participation. Whether or not political outcomes change as a consequence of new modes of voting is an open question. Here we analyze all the votes cast both offline (n = 5.7 million) and online (n = 1.3 million) and compare the actual vote choices in a public policy referendum, the world's largest participatory budgeting process, in Rio Grande do Sul in June 2014. In addition to examining aggregate outcomes, we also conducted two surveys to better understand the demographic profiles of who chooses to vote online and offline. We find that policy preferences of online and offline voters are no different, even though our data suggest important demographic differences between offline and online voters.     

Continuity and catastrophe: business continuity management and the security of financial operations

This paper discusses business continuity management (BCM) and its role in contemporary financial institutions. BCM is a nascent disaster preparedness and recovery strategy that seeks to protect vital business operations from disruptions. The paper traces contemporary BCM back to Cold War continuity of government planning, and shows how BCM came to comprehend security as continuity of processes rather than integrity of goods. BCM is prominent in finance because it promises to mitigate operational risks, and it focuses on risks stemming from interdependencies in financial infrastructures. By engaging with two events that triggered continuity management in banks, Hurricane Sandy in New York City and the ‘Blockupy’ demonstrations in Frankfurt, the paper highlights how BCM is challenged by large-scale disasters as well as acts of public criticism.     

The social semiotic of homophone phrase substitution in Chinese netizen discourse

The paper addresses an ingenious way by which Chinese netizens manage to reach their intended audiences under the radar of censors surveying the Internet in China. One specifically Chinese social use of language in this respect is the option to express criticism by using inoffensive characters that share the same or similar pronunciation with politically sensitive phrasing. We identify this type of expression as homophone phrase substitution (HPS). The device has been part of Chinese since ancient times under the name political metaphor. We address the main constraints at work in HPS, especially the role of voice (prosodic contour) that guides the construction of two divergent kinds of aboutness. Leaving aside its critical function in contemporary society, by contrasting HPS with verbal irony, metaphor, and Australian rhyming slang, and by drawing on semiologie and semiotics, indirect speech acts and implicit deixis, we suggest that this linguistic option throws new light on the semantic/pragmatic distinction.     

Temporary Loan Limits as a Natural Experiment in Federal Housing Administration Insurance

The Economic Stimulus Act of 2008 dramatically but temporarily increased the mortgage loan amount eligible for insurance through the Federal Housing Administration (FHA). We use the implementation and expiration of these loan limits as a source of exogenous variation in the availability of FHA insurance to measure the impact on the overall mortgage market and conventional lending. We find that the introduction of higher loan limits increased the number of loan originations, but that the expiration of those loan limits roughly 6 years later did not significantly decrease affected loan originations. The substitution between loan products and small net impact on the overall mortgage market when the ESA loan limits expired may be explained by the return of a stronger conventional lending industry than existed during the housing crisis.     

Headlong into the Polanyian Dilemma: The Impact of Middle-Class Moral Panic on the British Government's Response to the Sub-prime Crisis

This article focuses on the discursive construction in Britain of a middle-class moral panic occasioned by the distress caused to self-styled 'responsible mortgage borrowers' by falling house prices. In the context of the move towards asset-based welfare the sub-prime crisis manifested itself most obviously in the popular consciousness as a threat to housing market wealth. The Labour government used the political space opened up by the narrative of middle-class moral panic in order to protect banks' balance sheets from the consequences of their own failed investments in mortgage-backed securities. The ensuing arrangements immunised banks from the implications of market self-regulation in the first-phase response to the sub-prime crisis while simultaneously allowing them to continue to impose the experience of market self-regulation on their customers. An increasingly asymmetric approach to banking regulation has arisen analogous to that which Karl Polanyi associated with the contradictory co-existence of market and non-market forms.     

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。     

互联网 + 对中国企业民主管理实践的影响

当前,"互联网+"已经升级为中国国家战略,政府出台政策号召群团组织要拥抱互联网,中华全国总工会积极推动互联网与工会工作例如企业民主管理相融合,互联网正逐渐打破传统企业民主管理政治参与现状,职工由被动参与向主动参与转变,由部分参与向全部参与转变,互联网助推中国企业民主管理回归产业民主实质。