平台异化还是因债致罪？——P2P网贷涉非法吸收公众存款罪裁判文本实证研究

文章采用文献研究的方法对83份P2P网贷平台构成非法吸收公众存款罪的裁判文书进行实证分析。通过对平台异化模式的定性分析和平台负债情况的定量分析以及与刑事责任程度的交叉分析,文章认为,平台异化是P2P网贷平台构成非法吸收公众存款罪的基础性因素,负债规模、存款人人数和无法清偿的数额等三个因素都对刑事责任的程度产生影响。而且相比之下,无法清偿的数额对刑事责任影响的程度最为显著。实际上对P2P网贷平台追究非法吸收公众存款罪的刑事责任是因为网贷平台无法清偿举债数额巨大,即因债致罪。这种因债致罪的司法行为逻辑,可以从司法者作为“清场者”的功能定位和对社会秩序的价值追求来解释其合理性,但是从多元价值权衡和刑事民事分离的角度分析,其又是不合理的。     

Regime type versus patronal politics: a comparison of “ardent democrats” in Kazakhstan and Kyrgyzstan

Kazakhstan is home to the longest serving ruler in post-Soviet Eurasia while Kyrgyzstan is among the region’s most competitive polities. Do these regime differences correspond to divergence in political attitudes, as an extensive body of literature posits? Are Kyrgyzstanis more likely to strongly support democratic ideals? Are Kazakhstanis less likely? Contrary to expectations, data reveal the two populations to be attitudinally indistinguishable when it comes to strong support for practices associated with democracy. Whatever country differences we find are minor or statistically insignificant. We explain this convergence by shifting focus away from the political features that distinguish the two nascent democracy versus consolidated authoritarianism to those that they hold in common. Notwithstanding major constitutional reform in Kyrgyzstan in 2010, politics there, as in Kazakhstan, remains fundamentally patronal, or patronage- based. Mass attitudes, we argue, align in many ways with the countries’ shared patronal politics, rather than with their contrasting regime types.     

Living and working as a domestic worker in the Middle East: the experience of migrant returnees in Girana town,North Wollo,Ethiopia

ABSTRACT

This article explores the migration experiences of Ethiopian migrant returnees from domestic work in the Gulf countries and Lebanon. The returnees reside in the town of Girana located in Habru sub-district, North Wollo zone of Amhara region. There is much female work migration to the Arab Middle East from the town, particularly to Saudi Arabia through Muslim pilgrimage. Employing a qualitative method, the study examines how the returnee women perceived and experienced labour migration and analyzes the impacts of labour migration on childcare, family survival back home, and debt payment. The returnees made voluntary regular and irregular labour migration to the region and engaged in domestic work, which is not preferred by the host society. However, domestic work is unregulated by the labour policy of the destination countries. This made the returnees’ employment situation rather exploitative, exacerbating their vulnerability to abuses, ethnic denigration, and undermining of cultural identity.     

2030年可持续发展议程下“人的安全”及其治理

2030年可持续发展议程作为一项新的全球发展计划,其目标是构建免于恐惧和暴力的和平、公正、包容的社会,其核心是消除全球贫困与促进包容性发展,包括消除贫困、饥饿以及应对气候变化等内容。该议程的主体内容体现了联合国所倡导的“人的安全”理念,这一理念强调各种威胁的相互关联性,人的安全和人的发展是同一事物相辅相成的,这种治理观要求广泛借助联合国系统,并且顾及地方、国家、区域和国际范围内各级公私部门行为体的特点和资源,拓展一种由各种利益攸关方组成的综合框架,其内容涉及粮食安全、气候安全、环境安全、社会安全、反恐、移民等重要的传统与非传统安全议题。其中,气候变化、资源消耗、南北差距等问题是可持续发展难以实现的重要动因。上述安全议程同时体现了各种广泛的经济、社会和环境关联性。因此,建构全球“人的安全”治理机制需以联合国为核心,并形成多层治理、建构广泛的国际伙伴关系,以实现联合国所倡议的全球可持续和平愿景。     

Islamophobic conspiracism and neoliberal subjectivity: the inassimilable society

O’Donnell analyses the confluence of Islamophobia and anti-government conspiracy theory in the works of the far-right think tank, the Center for Security Policy (CSP). He argues that, rather than only being a contemporary form of the religious and racialized demonologies that code ‘Islam’ as being the constitutive outside of ‘the ‘West—irrational, religious and authoritarian versus rational, secular and democratic—Islamophobic conspiracism should also be examined in the context of anxieties over the erosion of personal and state sovereignty under neoliberalization. Mobilizing an Islamophobic demonology that constructs ‘Muslims’ as inassimilable to ‘American’ subjectivity, the CSP's Islamophobic conspiracism projects this construction of absolute alterity on to American social and state systems. In doing so, O’Donnell contends, Islamophobic conspiracism takes neoliberalization's estrangement of the state and its citizens to its logical conclusion, transfiguring the societal processes that impact on the freedom of the individual—notably the state and civil society—into something inassimilable to that individual's claims to self-ownership and self-mastery.     

从“争福利”到“谋福利”：中国工会福利工作的演变及创新

工会与福利之间具有先天的、主动的联系,工会与福利联系的结果就是工会福利,就是工会的福利工作。我国工会福利工作的演变历程呈现为争取福利、包揽福利、发放福利、谋取福利四个阶段。工会传统福利工作具有历史的和现实的意义,但也存在着以偏盖全、以点代面、越俎代庖等诸多问题,产生了不同层面的危害。今后工会福利工作的重点在于"谋福利",工会要更好地为职工谋福利,需要在思想上实现从发福利到谋福利的观念转变,在实践上搞清楚谋什么福利、为谁谋福利、怎样谋福利等关键问题。     

Post-hegemonic regionalism in Oceania: examining the development potential of the new framework for Pacific regionalism

This article explores the early potential of the Framework for Pacific regionalism, a new political process that Pacific nations are using to establish regional development priorities. The emergence of this process is positioned within a context of a desire for a new era of Pacific-led regional development collaboration. The early outcomes of the Framework are outlined and examined. Specifically, the article questions whether it is meeting aspirations for ‘game-changing’ development goals that enjoy greater levels of ‘ownership’ amongst Pacific leaders. It also explores whether the new process canbe seen as evidence of a new era of ‘post-hegemonic’ regionalism in Oceania, characterised by a revitalisation of regional political debate; a rejection of ‘economism’; and the reassertion of indigenous and civil society concerns.     

Fund Accounting from the Italian Early Tradition to the U.S. GAAP for Governments

Surprising correspondences emerge from the parallel investigation of fund accounting practices in Italian entities until the late nineteenth century and in the contemporary U.S. public sector. The analysis attempts to interpret similarities and differences in light of dissimilar environmental features, and wonders if the Italian tradition could have some explanatory capability on the U.S. present standards. The “fund” concept and its use are strictly similar; they are founded on information needs for governance and internal control. Contemporary requirements for democracy and transparency, and opportunities coming from modern ICT tools bring U.S. organizations to be accountable to the citizenry.     

Parallel publics? Support for income redistribution in times of economic crisis

This article investigates the dynamics of support for income redistribution in Europe. With European Social Survey data spanning 2006 to 2012, it assesses whether the Great Recession resulted in substantial parallelism or increasing polarisation in preference change across various sub‐publics. After introducing hypotheses based on claims that social groups are affected differently by economic insecurity, the article proceeds in two empirical sections. First, whereas prior research suggests that hard times fuel diverging attitudinal patterns, it is found that income groups, ideological groups and educational groups did not shift differently over time during the first years of the crisis, thus providing strong evidence for the ‘parallel publics’ hypothesis in the European context and in times of economic turmoil. Next, the article addresses the extent to which change in aggregate support for redistribution came from changes in small minorities of the population, supposed to be more responsive to their economic environment. Using multilevel analysis, it is shown that the most educated significantly contributed to the overall change more than the others. As a result, they may have been partly driving the economic mood during the first years of the Great Recession.     

“Value Grabbing”: A Political Ecology of Rent

This paper aims to redress the under-appreciated significance of rent for political ecological analysis. We introduce the notion of value grabbing, defined as the appropriation of (surplus) value through rent. A concept that is analytically distinct from accumulation, rent is both a social relation and a distributional process that is increasingly central to the reproduction of contemporary capitalism. Emphasis is placed on the “grabbing” of value in order to shed light on the processes at work by which surplus value is distributed unevenly between different classes and fractions of classes. A focus on rent within political ecology, we argue, can help us distinguish between two organically related but analytically distinct “moments”: (a) the creation of property rights that establish rent relations and (b) the struggle over the appropriation and distribution of surplus value generated by the rent relation itself. We explore some of the implications of this perspective for understanding new forms of socio-ecological struggles and their varied relations to the state. We maintain that a value-grabbing perspective has far-reaching consequences for political ecology, as it provides a sharp conceptual tool for situating a wide range of socio-ecological conflicts and movements as class struggles over value appropriation and distribution.