证券诉讼在中国:适用前景与改进方略

作为证券市场中的一种纠纷解决和法律执行方式,诉讼的优点包括市场相容性、灵活性、分散性、公开性等。尽管其功效受到了制度性的压抑,但要在中国进一步展开证券诉讼,已经有了相当的制度和学理准备;从现实环境看,诉讼的展开也会对社会秩序产生较为积极的影响。在推进完善诉讼机制时,要注意克服法院层面的制度性消极因素;通过公权和私权结合的方式来推进,以契合中国国家权力主导的基本格局,加强改革的可行性。     

New threats – different response: EU and NATO and Somali piracy

When the European Union (EU) launched its first military naval mission, EU NAVFOR Somalia, Atalanta, the states who are members of both the EU and the North Atlantic Treaty Organization (NATO) made a political choice: to prioritize the EU over NATO in their multilateral military efforts to fight piracy and its consequences. Thereby, Atalanta challenges the conventional assumption that EU security cooperation will remain limited. It also challenges the widely held belief that the European states will chose to act through NATO if dealing multilaterally with international security issues. How can we explain this decision? This analysis suggests that it can be explained in two phases where different mechanisms were at work. In the first phase, which can be accounted for from a neo-realist perspective, France, who held the Presidency, used particular favorable geopolitical conditions to put an autonomous EU operation on the agenda. However, agreement on the EU option cannot be explained as a result of strategic bargaining. Instead, in a second phase and in line with an alternative hypothesis building on the theory of communicative action, the EU member states came to support the French suggestion due to legitimacy considerations regarding the legal framework of the two operations.     

Negotiating democracy with authoritarian regimes. EU democracy promotion in North Africa

ABSTRACT

In order to better understand the dynamics of international cooperation on democracy promotion with authoritarian regimes, this article looks into the processes and results of negotiations on democracy (promotion) between the European Union (EU) and two of its North African neighbours (Morocco, Tunisia) in the decade leading up to the Arab uprisings. Asking if, how, and to what effect the EU and its Mediterranean partners have negotiated issues related to democracy promotion, it analyses official documents issued on the occasion of their respective association council meetings in 2000-2010. It shows that partners have indeed addressed these issues since the early 2000s, however, without engaging in substantive exchanges. Most of the time, conflicts have been neither directly addressed nor resolved. Where there are traces of actual negotiations leading to an agreement, these are clearly based on a logic of bargaining rather than arguing. These findings challenge the picture of harmony and cooperation between the EU and Morocco. Furthermore, they point to the low quality of these exchanges which reinforces the dilemma of international democracy promotion in cooperation with authoritarian regimes.     

Save the kids: The need for regulation of cryptocurrency to protect adolescents from fraud

Cryptocurrency has become the new hot investment for young investors. Everyone wants to get in on the next cryptocurrency bubble, and there are those that want to exploit this excitement and exploit children. Influencers who have young audiences are pushing cryptocurrency investments onto their audiences and not fully educating them on the risks. To avoid this exploitation, The Securities and Exchange Commission should actively regulate decentralized exchanges where children purchase cryptocurrency, put age limit regulations into place, and require know your customer systems to verify that minors are not purchasing cryptocurrency without the consent of a guardian.     

Opening Pandora’s Box: How Does Defendant Race Influence Plea Bargaining?

Minority overrepresentation in the criminal justice system has long been an important topic of research and policy debate. In New York City, recent changes in the Rockefeller Drug Laws and the controversy around police stop-and-frisk practices have placed an even greater emphasis on the need for studying the possible impact of defendants’ race and ethnicity on criminal justice outcomes. Relatively little contemporary research, though, examines plea-bargaining outcomes. Using unique data on misdemeanor marijuana cases, this study examines the impact of defendants’ race on prosecutors’ decisions to make (a) plea offers for a lesser charge and (b) sentence offers for non-custodial punishments. Preliminary findings indicated that black defendants were less likely to receive reduced charge offers, and both black and Latino defendants were more likely to receive custodial sentence offers. However, these disparities were largely explained by legal factors, evidence, arrest circumstances, and court actor characteristics, though black defendants were still more likely to receive custodial sentence offers after including these controls. No differences were found between white and Asian defendants. Implications for research and prosecutorial practices are discussed.     

论我国证券市场监管的完善

证券市场是最具吸引力的经济领域之一,同时,证券市场是信用制度和市场经济发展到一定阶段的的产物,是风险高度集中的市场,具有风险来源广、传导性强和社会危害性巨大的特点。经过十几年的发展,我国证券市场无论在总量还是结构方面,都取得了长足的进步。证券市场的稳健有序发展与高效实用的证券监管体制密不可分。证券市场的监管是证券市场存在和发展的基石,是国家规范证券市场的有效手段。我国已依法建立了对证券市场的集中统一的监管体制,但目前的监管现状与证券市场的飞速发展的现实要求间存在一定的差距。本文以我国证券市场监管的现状为基础,分析目前市场监管存在的主要问题,提出相应的完善对策,以期通过建立有效的监管,极大的提高证券市场运行效率,防范和化解风险,使证券市场更好的为国民经济服务。     

Labor–Management Relations: Understanding and Practicing Effective Negotiations

Periodic collective bargaining between employers and unions, combined with contract administration and workplace dispute resolution, has provided many core insights for the broad field of negotiations. Over the past twenty-five years, this arena has advanced knowledge regarding the interdependence of integrative and distributive bargaining, the concurrent shaping of attitudes, the management of internal relations (within a party), and the roles of elected and appointed agents. Public sector negotiations have provided new insights into the dynamics of multilateral bargaining as well as a broad array of mediation and arbitration models. While the number of labor agreements negotiated each year has declined over the past half century, at least 23,000 private sector agreements are still executed each year and fundamental changes in industrial relations systems make continued attention to labor–management negotiations of increasing importance. In particular, this arena now features highly structured approaches applying interest-based bargaining principles and presents profound challenges as power relations shift in multiple ways.     

我国证券市场内幕交易的民事责任制度之初探

在我国证券法中,只重视对证券发行和交易的管理以及违反证券行政管理导致的行政、刑事法律责任的规定,忽略了对证券交易当事人之间的民事权利义务关系以及对民事权力侵害救济的关照。参照世界各国证券内幕交易的民事救济手段,我国也应完善证券内幕交易的民事责任制度,以最大程度地保护投资者的利益,从而进一步健全我国的证券市场。     

证券服务机构IPO勤勉尽责研究

证券服务机构在公司首次公开发行中扮演着非常重要的角色,勤勉尽责是证券服务机构的内在要求。证券服务机构勤勉尽责的实现,对于维护IPO的公开、公平、公正,促进资本市场持续健康发展,为证券市场投资者提供实质保护等方面意义重大,从其作用也可窥见勤勉尽责的外延及边界。勤勉尽责的认定,需立足现行法律法规,从整体视角对主体性质、发行人及其他证券服务机构的干预和影响程度、披露信息重要性等多方面综合考虑,并灵活运用,落实到个案分析。