从传统合同到智能合同:由事后法院裁判到事前自动履行的转变

传统合同需要当事人履行具体义务以促使合同目的的实现,且允许各方在现实环境发生变化时加入新的合意或对原合同条款进行修改,产生纠纷后也可以依据法院的裁判机制使权利义务关系趋于平衡。但是,区块链技术的兴起使智能合同能够自动履行当事人约定的各项内容,对纠纷的解决也可以按照合同订立时确定的救济方式自动进行,甚至无需法院的裁判支持。从传统合同到智能合同,最显著的变革在于由事后法院裁判到事前自动履行的转变。技术的进步使法院裁判机制作为权利保障后盾的重要地位受到冲击,智能合同的事前自动履行具有高效率、低成本的优势,为商业世界的交易活动提供新的可能,具有极大的发展潜力。     

Smart and secure borders through automated border control systems in the EU? The views of political stakeholders in the Member States

The European Commission launched the “Smart Borders” policy process in 2011 to enhance border security in the European Union (EU) using technologisation and harmonisation. This includes the use of automated border control (ABC) systems. The Member States crucially shape the process, weighing security technologies and costs, privacy and rights, and further institutional choices. We examine the views of political stakeholders in four Member States by conducting a systematic empirical and comparative study unprecedented in the existing, political-theory-inspired research. In our Q methodological experiments, political stakeholders in Finland, Romania, Spain and the UK rank-ordered a sample of statements on Smart Borders, ABC and harmonisation. The factor analysis of the results yielded three main views: the first criticising ABC as a security technology, the second welcoming the security gains of automation and the third opposing harmonised border control. While impeding harmonisation, the results offer a consensus facilitating common policy.     

Navigating Small-Scale Trade Across Thai-Lao Border Checkpoints: Legitimacy,Social Relations and Money

ABSTRACT

Marked in part by a narrow river, the border between the neighbouring provinces of Loei in Thailand and Sayaboury in the Lao PDR appears to be porous and unregulated. While a Friendship Bridge regulates large-scale international trade, an extensive amount of informal, small-scale trade continues to flow across smaller checkpoints and other parts of the river. Trade along these sites is not only highly organised, most of it also happens under the gaze of border officials. This article examines the material and power exchanges that occur at local checkpoints between the different actors involved in the facilitation and restriction of trade. Between Loei and Sayaboury, trade is regulated according to a spectrum of licitness that is constantly negotiated and renegotiated between traders and officials. Negotiations rely on the social relations between these actors and involve practices of gift-giving and bribery, which blur the boundaries between reciprocity and corruption. By focusing on the interactions between state and non-state actors, this article sheds light on the way the informal economy is configured by checkpoint politics.     

美国“精明增长”对我国城市空间扩展的启示

论述了目前国内外讨论比较多的"精明增长"(Smart Growth)产生的背景及其主要内涵,对我国城市空间扩展的具体情况进行了分析,并结合我国城市发展的具体情况,从美国城市蔓延的前车之鉴中得到教训,从城市发展策略和技术手法上将"精明增长"的理念用来指导我国城市发展的具体实践.     

Forensic analysis of smart TV: A current issue and call to arms

A number of new entertainment systems have appeared on the market that have embedded computing capabilities. Smart Televisions have the ability to connect to networks, browse the web, purchase applications and play games. Early versions were based on proprietary operating systems; newer versions released from 2012 are based on existing operating systems such as Linux and Android. The question arises as to what sort of challenges and opportunities they present to the forensics examiner. Are these new platforms or simply new varieties of existing forms of devices? What data do they retain and how easy is it to access this data? This paper explores this as a future forensic need and asks if we are missing potential sources of forensic data and to what degree we are ready to process these systems as part of an investigation.     

In Defense of the Responsibility to Protect: A Response to Weissman

This article defends the Responsibility to Protect (R2P) doctrine (adopted by the United Nations in 2005) against critiques by Fabrice Weissman in this journal, and against similar criticisms of humanitarian intervention and human rights norms made by postmodern thinkers in the Nietzschean tradition, such as Alain Badiou and Anne Orford. I argue against Weissman that R2P can be effective in stopping or preventing mass atrocities, and in particular that opposition to military intervention in Syria during the 2013 debates was a terrible mistake. Moreover, the moral ground for humanitarian aid efforts is the same as the basis for forceful rescue from mass slaughter, ethnic cleansing, and persecution (when other conditions of just war can be met). Weissman's critiques misinterpret just war theory on key points and rely on inflated rhetorical strategies inspired by extreme forms of cultural and moral relativism that are intellectually bankrupt—both in blaming “Western imperialism” for most crimes against humanity committed by tyrants, and in leaving hundreds of thousands without the only protection that could prevent their murder and exile. These extreme positions and the strained rhetorical devices used to defend them do not deserve the wide respect they command in some parts of academia.     

The death penalty: Down but not out in the summer of '02

This paper discusses questions of borders, communities, and refugees through an examination of the work of film director Theo Angelopoulos, in particular his so‐called “Balkan trilogy,” which includes Eternity and a Day. In these films, Angelopoulos looks at the nature of borders and communities and at what they do to people in general and refugees in particular. I argue that the refugees cannot be placed in any straightforward fashion according to the logics of political sovereignty and national divisions. They are a heterogeneous excess from the constitution of borders and divisions, yet by making visible this heterogeneity, Angelopoulos shows the contingency of political and national borders. As a consequence, the critique of the injustices resulting from existing borders must start from what is heterogeneous to them. Only in this way is it possible to transform existing structures. However, this does not mean that politics should aim simply at the elimination of borders and exclusion. Rather, we must accept the ineradicability of borders and exclusion while contesting any particular ones.     

Electronic signatures and security issues: An empirical study

Security concerns with regard to the use of electronic signatures in the electronic environment seem to represent a potential barrier to their usage. This paper presents an empirical study that examines businesses' perceived security concerns with the use of the electronic signature technology for executing contracts and commercial transactions and whether such issues represent a disincentive for their usage. The findings of the study reveal that there are significant security concerns in the business community with regard to the use of electronic signatures. However, such perceptions seem to be primarily driven by a lack of awareness and understanding. Advising prospective users of electronic signatures about the kind of safeguards that could be put in place to minimise risks associated with their usage can be a useful step towards overcoming their fears and hesitance.     

区块链智能合约场景下共犯归责逻辑的应对与重塑

伴随着区块链技术的社会整合进程,以智能合约为载体的新型共犯样本呈现出异化形态,对此传统共犯归责模式面临"去中心"环境下网络平台的监管弱化、"假名主义"环境下交互主体的参与虚化、合约主体意思联络"单向一次性"的归责困境,需在尊重数字逻辑的前提下联动调整共犯归责逻辑,以实现智能合约共犯归责范阈的外限界定与内限梳清。在外部界限层面,需将合约自执行程序规范还原为因果共犯论逻辑,并等置转换为合法则的条件公式,从而于入罪向度上实现虚拟参与行为与现实法益侵害之间因果流程的具体判定;在内部界限层面,需对中立性的智能合约运维平台进行类型划分并匹配构建内涵"事前基于自主发现产生的验证、报告"与"事后基于被动通知产生的断网、消除"注意义务体系,同时对合约主体的共犯归责在客观层面、主观层面分别引入行为共同理论与"符号语言"意思联络理论,从而于出罪向度上实现合约共犯参与类型的梳清与处罚范阈的缩限。     

汽车智能化的道路:智能汽车、自动驾驶汽车安全监管研究

近年来,"功能汽车"正呈现出向"智能汽车"逐渐进化的革命性趋势,其原因在于智能汽车对非结构化环境的高适应性。从安全监管角度来看,功能汽车的车用电子控制系统具有高度可预见性,因此功能汽车之ECU嵌入式控制单元对于环境的理解程度十分接近地面实况。然而,德国TüV安全认证机构的研究报告指出这一切将可能不再适用在智能汽车上面,特别是当驾驶辅助系统开始展现一些(半)自动行为以后。除"智能汽车"之外,无人介入的"自动驾驶汽车"亦将引发更多关于安全监管和道德伦理等问题,因此有必要以自动化伴随的"开放组织风险"为中心,来贯穿这股科技变革的起点("智能汽车")和终点("自动驾驶汽车"),并分析其潜在安全隐患以及治理之道。