The Transparency Paradox: Why Transparency Alone will not Improve Campaign Regulations

The role of new sources of data has become of increasing interest to those involved in political campaigning and a legislative focus of policy makers and regulators. Utilising Karl-Heinz Nassmacher’s ‘magic quadrangle’ of ‘accounting, practicality, sanctions and transparency’ and a case study of the Political Parties, Elections and Referendums Act 2000 this article unpicks how successful the ‘guiding philosophy’ of transparency was in delivering increased citizen confidence in the democratic process. I ultimately argue that at the heart of all discussions about what regulation in this area should look like, an uncomfortable paradox has to be accepted: that transparency may well help to quell actual instances of malfeasance and the misuse of data, but may at the same time increase citizen distrust in democratic processes. Any regulation should consider the ways in which transparency might be implemented such that it better supports the stated legislative aims.     

集资诈骗罪的法理分析

对集资诈骗罪的犯罪客体,主体和行为方式进行分析.     

Regulating money laundering for terrorism financing: EU–US transnational policy networks and the financial action task force

Through increased cooperation transatlantic policy networks have been able to sharpen the tools used to combat the laundering of funds used for illicit ends including terrorism finance. After the attacks on 11 September 2001, rules were adopted on both sides of the Atlantic to restrict the flow of funds for terrorist purposes. This article captures some of the recent trends in cooperation between the European Union (EU) and the USA in addressing the issue of money laundering for terrorism finance. It goes further to assess how the EU engages with the financial action task force whose mandate was modified after 11 September 2001 to also cater for money that is laundered to fund terrorist activities.     

集资诈骗罪“非法占有目的”要件的理论修正与司法检视

传统非法占有目的理论难以对集资诈骗罪中反复的"借款-还款"行为予以精准定性。"排除意思"既不是诈骗罪主观层面的要素,也无法适用于持续还本付息的集资诈骗行为。"利用意思"和"不法获利"不能用以区分集资诈骗罪与非法吸收公众存款罪,无法发挥"非法占有目的"应有的罪名界分功能。非法占有目的并非集资诈骗罪的独立构成要件,以集资诈骗故意统摄本罪的主观要件并规范化解释为财产损害故意,能够完整地发挥定罪和罪名区分功能。以不具有债务履行能力和意愿推定财产损害故意,不仅符合理论逻辑,也能够通过司法实践的检验。     

信托业经营的法律定位与公平竞争

按照我国现行的金融法律框架,金融业实行的是分业经营、分业管理,信托业享有完全独立于银行、证券和保险业的业务专营权。但是,这种专营权逐渐被各种部门规章以＂委托理财＂之名打破,使非信托业事实上都享有了经营信托的权利,再加之信托业自身能力的限制,必然出现业务经营的困境,甚至不得不事实上违规经营。＂委托理财＂实质上是一种非纯粹信托或称准信托,是对现行法律的有意规避,是造成信托业困境和不公平竞争的主要根源。因此,必须明确信托的认定标准,给信托业经营一个合理的法律定位,实现银行业、信托业、证券业、保险业之间基本公平的竞争。     

Competitive partners in development financing: China and Japan expanding overseas infrastructure investment

Abstract

In the aftermath of the global financial crisis, with the world in search for new economic engines, China and Japan have explicitly given their answer through their expansion of overseas infrastructure investments. This study focuses on the flagship sector of high-speed railways (HSR) and examines what kinds of development financing China and Japan have adopted in making these investments. It asks the following questions: What similarities are there in the Chinese and Japanese approaches to investments in overseas infrastructure, and how do they differ from traditional Western development financing? Also, in what ways have China and Japan changed their approaches to overseas infrastructure projects during this process? It argues that in the process of expanding overseas infrastructure investments and competing for infrastructure projects, China and Japan have become ‘competitive partners’ in challenging the traditional norms of development financing represented by the Washington Consensus and the Development Assistance Committee (DAC). To be more specific, China and Japan have adopted each other’s practices of tied commercial financing, heavy government involvement, focusing on physical infrastructure and industrialization, and showing respect for host-country forms of governance. In particular, by joining China in the new game of exporting infrastructure and through its own ‘quality infrastructure investment’ initiative, Japan has broken out of the constraints of DAC norms as an aid donor and endorsed some fundamental Chinese approaches to development and development cooperation, which in their turn were inspired by earlier Japanese practices.     

The Monetisation of Consent and its Limits: Explaining Political Dominance and Decline in Malaysia

ABSTRACT

Malaysia’s 14th General Election in 2018 toppled the Barisan Nasional government after six decades in power. Barisan Nasional’s longevity was due to its performance legitimacy and a capacity to manipulate electoral mechanisms. However, it was the use of money in eliciting consent that led to a political change. This article traces how sustaining the dominance of the Barisan Nasional under Najib Razak used a strategy which we term the monetisation of consent. However, when monetising consent loses its efficacy, political dominance is challenged. We discuss why and how manufacturing consent through the use of money has its limits when regime legitimacy is challenged. Intense political competition on the electoral terrain from 2008 and the multiplication of Malay-Muslim political parties induced Najib’s greater personal grip on state funds to gain political support. This resulted in the Najib regime’s kleptocratic turn. Beyond the disbursement of largesse to political power brokers and business elites, his government monetised consent as a populist strategy. The reduced efficacy of electoral manipulation made the monetisation of consent imperative for regime survival but the use of money and unpopular fiscal policies, which deprived citizens of disposable income, led to a legitimacy crisis and the Barisan Nasional’s defeat.     

对河北建设文化大省的财政政策之思考

文化业作为21世纪的朝阳产业,涵盖领域涉及第一、二、三产业,经营性的文化产业、公益性的文化事业建设都离不开财政政策支持。河北要建设文化大省其财政政策选择要做到:强化公共财政意识;以文化工程投入为重点;进一步拓宽文化投融资渠道;组建创业投资基金和建立产业园区。     

论代理问题与公司治理

公司治理结构是建立现代企业制度的核心问题之一。代理关系是公司治理问题产生的一个条件，与公司治理存在着密切的关系。代理关系问题产生的最重要的原因是劳动分工，代理收益大于代理成本是代理关系不断得以拓展的前提。所有权主体多元化与经营管理要求一元化存在着矛盾，如果公司进行外部融资，也必然产生了代理问题，并对公司治理产生一定的影响。     

创新财务管理 提升企业竞争力

创新机制,激发活力.企业经济效益好坏有外部因素也有内部因素,但主要是由企业内部因素决定的.企业只有转变机制,转变观念,适应市场经济发展的需要,加强企业技术进步和技术创新,加强企业内部管理,建立有效的内部管理机制,生产出高质量、低成本,适应市场需要的产品,才能提高企业经济效益.