浅谈我国网络舆情管控法律体系的建立健全——以美国网络舆情管控为借鉴

网络舆情作为一把双刃剑,在给人们工作、生活带来快捷便利的同时,也能产生巨大的负面效应。当前网络舆情衍生出的网络犯罪有恃无恐、网络谣言蛊惑人心、网络色情泛滥成灾、网络欺诈层出不穷。故而,为维护国家政治安全和社会稳定、保障公民个人权益,必须加强对网络舆情的依法管控。但我国现有网络舆情管控的法律体系在实际管控过程中还暴露出诸多问题,需要借鉴国外先进的管控经验去进一步健全完善。     

The Government’s Regulatory Obligations to Public Utilities Franchise

Under the public utilities franchise system, the executive branch may transfer the task of providing public utilities services for the common good to a private party. It should undertake to regulate and prevent the private party from pursuing its own interests to the detriment of public interest while discharging its duty under the public utilities franchise. Since any public interest must be enjoyed by all individuals, we can say that the obligations owed under administrative regulations aim at the ultimate goal of increasing individual welfare. In the public utilities franchise system, regulations of this kind can be divided into six different categories: maintaining and promoting necessary market competition, ensuring the continuity of public utilities services, ensuring non-discriminatory provision of public utilities services, ensuring the quality of public utilities services, ensuring reasonable charges for public utilities services, and ensuring the conservation of energy and protection of the environment while providing public utilities services. The absence of governmental regulation of the provision of public utilities and of reforms in such services in China has harmed both public interest and the rights and interests of consumers. Some of the problems caused include chaotic market access for public utilities, no guarantee of the sustainability of public utilities, the failure of the universality of public utilities, declining quality of public utilities, sharp rise in the prices of public utilities, insufficient regulations on the conservation of energy and environmental protection, and so on. In order to achieve the effective implementation of the administrative regulations and obligations therein with respect to public utilities and the maximization of public interest, the Chinese government should enhance its consciousness of regulating public utilities, improve the legal system to regulate public utilities, perfect the regulatory system for public utilities, and establish a system of liability to compensate for failures in regulation.     

SPACE AS PARADIGM OF INTERNET REGULATION

Right now internet regulation is standing at the crossroads. Its problem-driven evolution has led to a conglomerate of seemingly diverse rules, which can hardly be structured as one cohesive area of law. Nevertheless, a consolidation of these rules as one cross-sectional field of law is can be identified. The discussion about the terms “internet regulation” and “internet governance” as well as recent developments in this field indicate that a paradigm shift in internet regulation is ongoing. Whereas self-regulation has been the determining mode of internet governance for a long time, internet regulation in the sense of public regulation is currently gaining more influence. This transformation is accompanied by the rising importance of a traditional paradigm of law: the idea of space. Even though the idea of space finds itself challenged with regard to the internet, it can give substance to many different aspects of internet regulation.     

Minimum Alcohol Pricing: Balancing the ‘Essentially Incomparable’ in Scotch Whisky

This note contrasts the approaches taken by the Court of Justice of the European Union and the UK Supreme Court in the high‐profile litigation which preceded the introduction of minimum alcohol pricing in Scotland. The case of Scotch Whisky Association and others v The Lord Advocate and another hinged, ultimately, on the necessity of minimum pricing to achieve important public health goals. The notably differing viewpoints adopted by the domestic and Union courts, however, both illustrate the elusiveness of the proportionality criterion, and expose tensions between domestic and supranational control in the context of internal market regulation.     

Challenge of Firearms Control in a Free Society

Chapter 10 of The Challenge of Crime in a Free Society, titled “Control of Firearms,” is a brief but strong statement in support of regulating gun transactions, possession, and carrying, with several specific recommendations, including the adoption of universal gun registration and permit‐to‐purchase requirements. The U.S. President's Commission on Law Enforcement and Administration of Justice, when writing the chapter, had no systematic research to draw on. Since its publication in 1967, the field of gun violence has become an active area of research, and much has been learned. But the nation has become far more polarized politically during the last 50 years, and gun policy has become a rigidly partisan issue. A new commission would have great difficulty reaching consensus, although there may be common ground on regulating guns vis‐à‐vis mental illness and domestic violence.     

Banking in the cloud: Part 3 – contractual issues

This paper looks at EU banks' use of public cloud computing services. It is based primarily on anonymised interviews with banks, cloud providers, advisers, and financial services regulators. The findings are presented in three parts. Part 1 of this paper explored the extent to which banks operating in the EU, including global banks, use public cloud computing services. Part 2 of this paper covered the main legal and regulatory issues that may affect banks' use of cloud services.Part 3 looks at the key contractual issues that arise in negotiations between banks and cloud service providers, including data protection requirements, complexities caused by the layering of cloud services, termination, service changes, and liability. It also presents the overall conclusion derived from the studies conducted, as set out in the three parts of the paper.All three parts of the paper can be accessed via Computer Law and Security Review's page on ScienceDirect at: http://www.sciencedirect.com/science/journal/02673649?sdc=2. The full list of sources is available via the same link and will be printed at the end of this part of the article.     

合同编解除制度的完善

合同解除既是合同权利义务消灭的原因,也是违约救济的重要方式,是我国民法典合同编制定过程中应当重点规定的法律制度。虽然《合同法》所规定的合同解除制度基本适应了我国市场经济的发展需要,但仍有需要完善之处。我国民法典合同编应当进一步明确法定解除权的主体,完善法定解除的条件,细化合同解除的规则,明确合同解除的效力,以更好地适应市场交易和司法实践发展的需要。     

Executive functioning and bullying participant roles: Differences for boys and girls

Bullying is a process of direct (i.e., youth who bully and are victimized) and indirect (i.e., bystanders) social exchanges. Though researchers often examine social and emotional correlates of bullying role behaviors, it is important to also consider the underlying cognitive processes associated with different bullying roles such as socially oriented cognitive processes associated with executive functions. The goal of the current study was to examine executive functions associated with types of bullying role behavior (aggression, victimization, defending, assisting, and outsider behavior) and differences between boys and girls within a sample of 689 third- to eighth-grade students (51% male, 49% female). Victimization was significantly and negatively associated with each executive function. Defending was positively associated with emotion regulation for upper elementary school students, but not for middle school students. Outsider behavior was significantly and negatively associated with self-monitoring, flexibility, and initiation.     

试论中国社会分层与共同富裕并行不悖

中国社会分层结构,目前正处于一种复杂的结构变化过程。中国社会资源的扩散和重新配置,引起社会结构的变迁,出现 数量不多的"富人"和一个有一定规模的社会底层。国家既要允许和鼓励一部分人先富起来,又要在初始分配后通过法律、法规、财政 税收和社会福利保障政策,缩小初始收入分配的差距,努力实现全体人民的共同富裕。     

论转投资对传统公司法理念的冲击与挑战

越来越普及的公司转投资 (即对外投资行为 )对传统的公司法理念造成了巨大的冲击 ,动摇了人们长期以来所坚持的“独立主体说”、“公司社团性”等理论的基础。转投资是关联企业形成的重要原因 ,也是一人公司得以产生的主要原因 ,它不仅对公司的资本真实原则造成冲击 ,而且导致了公司“越权规则”的衰落。本文主要从转投资与关联企业、转投资与一人公司、转投资与公司资本真实原则和转投资与“越权规则”等四个方面阐述了转投资对传统公司法理念造成的冲击与挑战