Will the European Commission be able to standardise legal technology design without a legal method?

Privacy by Design (PbD) is a kind of precautionary legal technology design. It takes opportunities for fundamental rights without creating risks for them. Now the EU Commission “promised” to implement PbD with Art. 23(4) of its proposal of a General Data Protection Regulation. It suggests setting up a committee that can define technical standards for PbD. However the Commission did not keep its promise. Should it be left to the IT security experts who sit in the committee but do not have the legal expertise, to decide on our privacy or, by using overly detailed specifications, to prevent businesses from marketing innovative products? This paper asserts that the Commission's implementation of PbD is not acceptable as it stands and makes positive contributions for the work of a future PbD committee so that the Commission can keep its promise to introduce precautionary legal technology design.     

高职高专院校英语专业课程设置的若干问题探讨

课程设置是实现教学目标的重要手段，高职高专院校英语专业的培养目标要具备自己的特色，应着力于培养“应用型专业人才”。构建合理的三级教学与实践平台是科学设置课程的一个重要理念。随着课程设置与教学改革的深入，考试系统也应该引进新的理念。     

对我国证券投资者保护基金制度之检讨与反思

尽管证券投资者保护制度的确立在很大程度上彰显了我国证券市场法治化的进一步深入及对中小投资者保护的进一步加强,然而该制度组成规则的不明确及某些内容的缺失也同时产生出一种不和谐的声音,如制度功能定位之不周及因制度缺失而体现的行业自律性差等,因此,以市场约束为导向,以该制度应有的效应为基柚,以制度引进的精神与形式之契合来匡正目前所存在的缺憾已成为当务之急。     

个人所得税的纳税筹划

个人所得税是对个人取得的各项应税所得征收的一种税,是直接对自然人征收,是一种典型的直接税,其税负负担由纳税人直接承担而不能转嫁,对纳税人的收入和纳税人的生活影响很大,因此个人所得税与广大老百姓的利益密切相关。近年来,个人所得税的纳税筹划成为热门话题,本文以普通纳税人的角度,根据个人所得税的现实情况,分析个人所得税纳税筹划的法律平台和空间以及纳税筹划的技巧。     

高校人才培养模式的市场化诉求——对大学生就业难问题的再审视

大学生就业难问题的实质是高校人才培养模式缺乏对人才市场需求的有效回应。破解大学生就业难题,取决于以市场需求为导向的教育制度设计、人才培养模式的创新和加强市场需求导向下的就业指导。     

色彩心理学在罪犯教育改造中的运用

近年来,随着色彩心理学研究领域的不断深入,色彩心理学作为一个新的发展学科,在预防和抑制犯罪及改造罪犯的运用中受到了社会各界的广泛关注。犯罪心理与色彩之间存在着内在的关系,揭示色彩心理学与人格形成的深刻内涵,探索色彩心理学在罪犯教育改造中的特殊作用,对实现罪犯人格复苏、回归社会的目的有着积极意义。     

Overview of: “The Impact of Drug Market Pulling Levers Policing on Neighborhood Violence: An Evaluation of the High Point Drug Market Intervention”

Research Summary Pulling levers policing draws upon the focused deterrence framework, which has shown considerable promise when directed at youth, gun, and gang offenders. However, much less is known about the viability of pulling levers when applied to different contexts as well as to diverse groups of offenders. We examine the High Point (North Carolina) Drug Market Intervention (DMI), the first site to use pulling levers as a place-based policing approach to disrupt a series of open-air drug markets across the city. Eleven years of longitudinal data are analyzed by using difference-in-difference panel regression analyses combined with finite mixture estimation as a means to test for divergence in violent crime patterns. Several key, although inconsistent, findings are presented. First, we found a statistically significant reduction in violent offenses in specific high-crime places (i.e., high-trajectory census blocks) located across the different targeted neighborhoods compared with the remainder of High Point, and relative to comparable nontargeted areas. Second, the citywide violent crime rate actually increased after a series of interventions unfolded, which may suggest limitations with the approach. Finally, trend analyses indicated the strategy had different levels of violent crime impact throughout unique geographic contexts. Policy Implications Rather than arresting every offender identified as having participated in illicit drug trafficking across various geographic contexts within the city, officials in High Point decided to invite low-risk drug offenders to community notification sessions in order to change their perceived risk of punishment as well as to mobilize community members across the different targeted neighborhoods. The suggestive evidence of potential, although limited, violent crime impact illustrates that this type of policing strategy may hold considerable promise. This interpretation gains credence when considered with prior evaluations of the DMI approach that illustrated the potential for reducing drug-related crime and in light of reports of improved police–community relations. The inconsistent findings across all locations and the overall city increase in violent crime toward the end of the study period, however, raise several concerns when interpreting study results. Additionally, our findings suggest that further replications should include systematic problem-identification, process measures, and more precise research designs.     

Self-control, Victimization, and their Influence on Risky Lifestyles: A Longitudinal Analysis Using Panel Data

This research expands past investigations into the influence of low self-control as a risk factor for criminal victimization. Specifically, we consider two questions: (1) whether low self-control at one point in time can predict future victimization, and (2) whether victims alter lifestyle choices (like their own delinquency and contact with delinquent peers) in response to their earlier victimization. We answered these questions using three waves of adolescent panel data from the evaluation of the Gang Resistance Education and Training program. Our results support the predictions of self-control theory, showing that low self-control measured at an earlier time is associated with later victimization, even after controlling for past victimization, delinquency, social bonds, and delinquent peer contact. Likewise, self-control appears to influence the relationship between earlier victimization and later lifestyles.

手机短信侵权民事责任探析

手机短信侵权是指短信发送行为人由于过错侵害了他人的财产权和人身权。结合我国《民法通则》第106、134条和其他相应法律法规的法律原则,运用侵权行为法的一般理论对手机短信侵权的构成要件、责任主体和归责问题进行分析,并从有法可依、有法必依的角度提出建立手机短信侵权规制制度的框架性构想。