妨碍信用卡管理罪行为方式探析

在妨害信用卡管理罪中,行为人明知其持有、运输的是"伪造的信用卡"或"伪造的空白信用卡"是一种对行为对象的明知,行为人虽然对"伪造的信用卡"和"伪造的空白信用卡"施加了影响,因为其不具有合法性,与刑法所保护的信用卡管理秩序也就不存在必然的本质与现象的联系,也就不能反映和体现信用卡管理秩序,因而是行为对象而不是犯罪对象.伪造居民身份证的行为与以骗领信用卡方式实施的妨害信用卡管理的行为之间构成手段与目的牵连关系,但由于刑法明确规定这种情况以妨害信用卡管理罪定罪处罚,因而虽然是牵连犯,但不能适用从一重处断的原则,而应按刑法的有关规定处罚,这是牵连犯处断原则的例外.     

The economy of secrecy: security,information control,and EU‒US relations

Abstract

This article develops an ‘economy of secrecy’ as a framework to understand how secrecy regulates interstate relations and to explicate why states react differently to breaches of secrecy. Drawing upon Simmel, the article argues that secrecy shapes interstate relations by tuning the ratio of ‘knowledge’ and ‘ignorance’. Furthermore, while the economy of secrecy acknowledges the existence of many types of secret, it emphasises their common underlying mechanisms, namely: secrecy as a field of power, secrecy as a field of performance, and secrecy as a normative terrain. Finally, the economy of secrecy is agnostic with regard to the moral character of promoting secrecy. In order to substantiate the argument, the article examines three recent iterations of how secrecy has disrupted EU?US relations: extraordinary renditions, WikiLeaks, and Snowden’s revelations. In addition to showcasing how the economy of secrecy operates, these examples contribute to our understanding of how secrecy affects information flow and dissemination in world politics.     

Do People Really Lack Knowledge About the Economy? A Reply to Facchini

Facchini uses a behavioural approach to analyse the political beliefs of French people, who he believes are ‘more or less incompetent’ in economics. In this article I focus on his premise that the public are incompetent and that therefore their views, such as being opposed to the market in the case of the French people, should be interpreted as ‘perception bias’. Other economists may echo Facchini, claiming that people who voted Leave in the UK and for Trump in the USA did so because their lack of economic knowledge contributed to an ‘anti‐foreign bias’. However, I argue here that the existing empirical research showing that people lack economic knowledge is flawed. Many economists adopt a questionable approach to the interpretation of public knowledge and the evaluation of what knowledge is important.     

Intervention Theatre: performance,authenticity and expert knowledge in politicians’ travel to post-/conflict spaces

ABSTRACT

This article explores the role of official travel activities by politicians to post-/conflict spaces in German foreign policymaking. Starting from the observation that official travel justifications stress the value of authentic insights and unfiltered information, while journeys in practice are meticulously planned and staged, it asks what kind of knowing is possible, how actors make sense of the staged nature of field trips, and how multiple performances create and/or undermine notions of authenticity and first-hand expertise. The article shows that official on-site visits are composed of multiple conscious performances by all actors involved, but that these performances do not undermine the notions of authenticity and expertise. On the contrary, knowledge authenticity—or truth claims on the basis of authentic insights—and related expert authority are produced through travel-as-performance. The emphasis policymakers put on on-site presence and (the performance of) localized knowledge contradicts intervention literature’s generalized finding of a prioritization of technocratic over localized knowledge. The article draws on politics and performance scholarship and authenticity theories in tourism studies to make sense of a wealth of empirical material on the claims, practice and functions of German MPs’ journeys to post-/conflict spaces as part of broader political struggles over policy knowledge.     

走下“过山车”——关于对“80后”认知问题的一些思考

长期以来,人们对“80后”的认知中,存在着“过山车”般大起大落的现象。这与成人社会的认知障碍有着直接关系。成人社会的认知障碍,主要与“80后”的独生子女身份、改革开放以来种种新生事物的层出不穷、成人社会期待回报的心理等等有着直接的关系。要准确认知和把握“80后”的特征和特质,成人社会必须加强对“80后”和新生事物的学习。     

Public Service Motivation,Organizational Social Capital,and Knowledge Sharing in the Korean Public Sector

This article investigates whether public service motivation (PSM) and organizational social capital predict knowledge sharing in the public sector. The hypothesized relationships in the proposed model are verified with the online survey data of 506 public employees in Korea. The test results show that the two dimensions of PSM (attraction to public service and commitment to public values) and the trust component of organizational social capital are both positively related to knowledge sharing in the Korean public sector, and that the associability component of organizational social capital is indirectly associated with knowledge sharing through its influence on PSM. The article discusses the ways that PSM and organizational social capital may contribute to overcome the social dilemma of knowledge sharing in public organizations. It also suggests that there is need for further research on the individual dimensions of the PSM construct.     

Civil society knowledge networks: how international development institutions reshape the geography of knowledge

What role have the processes and institutions of international development played in creating and propagating ideas around the world? This paper demonstrates that networks of development-focused civil society institutions can form global epistemic bridges even where communication technology, global markets, infrastructure, or state services do not reach. Given the penetration of these ‘civil society knowledge networks’ throughout the world, it is crucial to understand how these networks form, and how they create and spread ideas, mediating between global discourses and local needs. This paper builds on a multi-sited case study of one such civil society knowledge network, which includes an international foundation, its partner non-governmental organisations (NGOs) in Kenya, and one village where these NGOs run a forest conservation project. The case study provides a closely textured analysis of the mechanisms of knowledge production and consumption in the network, including personality politics, language, technology, political connections and the power dynamics of knowledge flows. It demonstrates the ways remoteness and disconnection are overcome through the epistemic reach of institutional networks involved in development interventions.     

Managing governance complexity and knowledge networks in transparency initiatives: the case of police open data

Public organisations are often described as being subject to types of complexity that result from the interorganisational structure of governance networks. Transparency programmes add another level of complexity due to increased information openness. However, neither the nature of this complexity nor the network management approaches needed for transparency programmes has been conceptually developed. To address this gap, this article brings together governance complexity theory and knowledge management theory. An empirical model is tested using the case of police open data with regression analysis and 22 expert interviews. The results show that institutional and environmental complexity such as budget pressures, legal-normative constraints, and task complexity exert a negative influence on police information openness. However, network knowledge management practices including developing mission focus on people and communication and overcoming organisational boundaries through interorganisational collaboration can counteract these problems of complexity.     

Prevention,knowledge, justice: Robert Nozick and counterterrorism

ABSTRACT

This article explores questions of justice and moral permissibility of state action in counterterrorism through Robert Nozick’s Anarchy, State, and Utopia. Using the case of the Berlin attack in December of 2016 and the ensuing political debate over whether potential terrorists could be put into preventive custody as an illustrative example, it engages Nozick’s argument on prevention, knowledge and justice. In Nozick’s fierce defence of individual rights, the state comes into being as an aggregate of individuals and their inviolable rights, and thus possesses no moral legitimacy of its own. Individual rights must therefore not be violated for the sake of common goods. In conjunction with his emphasis on free will and the ensuing unpredictability of human decision-making, the article highlights the Nozickian position as a powerful account against the justification of preventive custody, thereby providing a moral “fail-safe” in counterterrorism discourses that build on just war theory and utilitarianism.     

The demise of the intervention paradigm—resilience thinking in the Merida Initiative

Post-Cold War interventions have gone through a series of distinct paradigms—each allowing for its own oppositional discourse. This possibility seems to be diminishing with the rise of resilience thinking. In the early 1990s, liberal internationalist framings drove intervention by prioritising individual human rights over state rights to non-interference. Here, it was possible to oppose intervention as illegal boundary violation and unaccountable foreign rule. Neo-liberal approaches circumvented the legal problematic by conflating sovereignty with the capacity for good governance. However, they depended on a strong sociocultural dichotomy, giving rise to accusations of neo-colonialism. In contrast, the resilience discourse emphasises the positive, transformative aspects of local agency, rather than seeing it as deficient and needing paternal guidance. This paper argues that by claiming to merely plus up already existing social practices, international policy engagement in the Global South becomes difficult to conceive as boundary transgression or hierarchical imposition. These insights are drawn out with reference to the Merida Initiative, a US-Mexican security agreement signed in 2007.