外国人在华非法就业管理制度探析

根据不同的移民管理制度,国内学者将外国人就业区分为职业移民与国际劳工。职业移民多为移民国家所采用。作为非移民国家,我国现行外国人就业管理制度体系并不完善,仅仅对国际劳工中具有专业技术外国人员的劳动就业进行规范,即便中国式＂绿卡＂制度也采取有条件地实行从国际劳工向永久居留资格转变的方式。外国人就业管理制度理应与移民取向相并行,但现行管理制度并不适合我国发展现状,构建新型管理制度势在必行。     

反垄断法的挑战——对反垄断法的整体主义解释

反垄断法是新时代、新观念的产物。它对当前处于主流地位的部门法提出了一系列的挑战,主要体现为四方面的转向:第一,从传统法注重对法律关系两头的人的保护转向对主体间关系的保护;第二,从保护个体利益转向保护社会整体利益;第三,从传统法对行为违法性判定的条件取向转向结果取向;第四,从传统法的责任导向转向规制导向,即从重在禁于已然之后转向重在禁于未然之前。     

《命》的主题拆解与女性生命体认

日本当代女作家柳美里于2000年完成的《命》,是一篇备受瞩目和欢迎的作品。作品以私小说的笔法,诠释了爱情、婚姻并不是女性生活的全部,爱情困境往往是女人的魅宝。小说深入思考了生命的本质,在令人感伤的调子里,触及了生命意义、价值和作家的个性体认。自述了她从怀孕到成为未婚妈妈的艰难,和面对以前的情人、自己的恩师"东"生命即将完结时的无奈。强烈地表现了作家渴望通过文字探寻生命的意义的主观倾向,即便是濒临迷茫与虚无之境也在所不辞。从而为柳美里小说风格的形成,平添了一条韵味独到的风景线。     

Are ‘pseudonymised’ data always personal data? Implications of the GDPR for administrative data research in the UK

There has naturally been a good deal of discussion of the forthcoming General Data Protection Regulation. One issue of interest to all data controllers, and of particular concern for researchers, is whether the GDPR expands the scope of personal data through the introduction of the term ‘pseudonymisation’ in Article 4(5). If all data which have been ‘pseudonymised’ in the conventional sense of the word (e.g. key-coded) are to be treated as personal data, this would have serious implications for research. Administrative data research, which is carried out on data routinely collected and held by public authorities, would be particularly affected as the sharing of de-identified data could constitute the unconsented disclosure of identifiable information.Instead, however, we argue that the definition of pseudonymisation in Article 4(5) GDPR will not expand the category of personal data, and that there is no intention that it should do so. The definition of pseudonymisation under the GDPR is not intended to determine whether data are personal data; indeed it is clear that all data falling within this definition are personal data. Rather, it is Recital 26 and its requirement of a ‘means reasonably likely to be used’ which remains the relevant test as to whether data are personal. This leaves open the possibility that data which have been ‘pseudonymised’ in the conventional sense of key-coding can still be rendered anonymous. There may also be circumstances in which data which have undergone pseudonymisation within one organisation could be anonymous for a third party. We explain how, with reference to the data environment factors as set out in the UK Anonymisation Network's Anonymisation Decision-Making Framework.     

Clarity,surprises, and further questions in the Article 29 Working Party draft guidance on automated decision-making and profiling

The Article 29 Data Protection Working Party's recent draft guidance on automated decision-making and profiling seeks to clarify European data protection (DP) law's little-used right to prevent automated decision-making, as well as the provisions around profiling more broadly, in the run-up to the General Data Protection Regulation. In this paper, we analyse these new guidelines in the context of recent scholarly debates and technological concerns. They foray into the less-trodden areas of bias and non-discrimination, the significance of advertising, the nature of “solely” automated decisions, impacts upon groups and the inference of special categories of data—at times, appearing more to be making or extending rules than to be interpreting them. At the same time, they provide only partial clarity – and perhaps even some extra confusion – around both the much discussed “right to an explanation” and the apparent prohibition on significant automated decisions concerning children. The Working Party appears to feel less mandated to adjudicate in these conflicts between the recitals and the enacting articles than to explore altogether new avenues. Nevertheless, the directions they choose to explore are particularly important ones for the future governance of machine learning and artificial intelligence in Europe and beyond.     

影响我国碳金融发展的原因分析

与西方发达国家较为完善的碳金融发展相比,我国碳金融发展相对比较滞后,造成这种状况的原因主要有：一是对碳金融的认识有待深化;二是碳金融的综合配套政策不完备;三是碳金融市场分割现象严重;四是中介服务机构发育不完善。对这些原因进行深入分析,有利于排除碳金融发展的障碍,开创我国碳金融发展的光明前景。     

Understanding of forensic expert reports by judges,defense lawyers and forensic professionals

Forensic scientists strongly advocate the use of likelihood ratios for expressing the diagnostic value of evidence in technical forensic reports. They call this the logically correct approach. The correct comprehension of such likelihood ratios by jurists, however, appears to be particularly problematic. The present research has empirically investigated this issue for defense lawyers and criminal judges. For comparative purposes forensic professionals, many of whom use the logically correct approach, were included in the study as well.

Using fictitious forensic reports, it was shown that proper understanding of likelihood ratios by jurists is quite poor, due mainly, but not exclusively, to the prosecutor's fallacy. Forensic professionals outperformed jurists to a large extent but made many mistakes themselves. It is further shown that participants’ self-expressed supposed level of understanding of logically correct conclusions is quite high and thus not justified by their levels of proper understanding. Suggestions for how to improve the situation are presented.     

Understanding European asylum cooperation under the Schengen/Dublin system: a public goods framework

Abstract

Recent developments in European Union (EU) asylum cooperation raise important questions about the nature of cooperation and the potential problems facing collective action in the realm of EU internal security. The emergence and the subsequent stability of the Schengen/Dublin system is especially puzzling, given the highly inequitable distribution of costs and benefits that this system entails among the participating states and begs the question as to why those states that are likely to face a disproportionate ‘burden’ under the system would have agreed to it. This article seeks to provide an alternative approach to answering this question by drawing on a public goods framework. We argue that a simple focus on free-riding and exploitation dynamics, as emphasized in the traditional collective action literature, falls short as an explanation and instead demonstrates how more recent theoretical contributions to the public goods literature can offer new insights into the origin and evolution in cooperation in this sensitive policy area.     

The Rise of India: Overcoming Caste Society and Permit-License-Quota Raj,Implementing Some Economic Freedom

Two or three centuries ago most of mankind was still very poor. When the West outgrew mass poverty, India was a British colony and suffered from stagnation. When East Asian economies exploited the advantages of backwardness and benefited from export-led growth, India remained inward-looking and poor. The ‘Hindu rate of growth’ preserved mass poverty. Since the reforms of the early 1990s India has exploited the advantages of backwardness and some global markets. In this article, the roots of India's failure to grow rapidly before the end of the twentieth century are analyzed. Stagnation is blamed on restrictions of economic freedom, whereas growth is explained by the expansion of economic freedom. Before the mid-twentieth century, the caste system and the legacy of sultanism curtailed economic freedom and contributed to economic stagnation. Thereafter, democratic socialism distorted incentives and generated ‘permit-license-quota raj’ or a rent-seeking society. When some obstacles to growth were dismantled, vigorous growth followed. Although expanding economic freedom remains limited. India's growth potential is not yet fully exploited. Indian infrastructure and human capital formation remain inadequate, regulations intrusive, and the budget in deficit. The rule of law looks better on paper than from the ground. Compared to China Indian public policy still has a lot of room for improvements. ‘Maoists’ or Naxalites threaten political stability and economic freedom. Geopolitics may explain India's late, slow and incomplete reforms. The rise of Asia, in particular of China and India, generates geopolitical challenges of its own. Conceivably, the global expansion of economic freedom permits not only the rise of Asia, but the peaceful management of the coming power transition between Asia and the West.