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Published in last 1 year |  In last 2 years |  In last 3 years |  All Please wait a minute... For Selected: Download Citations EndNote Ris BibTeX Toggle Thumbnails Select On the Legality of Data Grasping Behaviorfrom the Perspective of Competition Law: An Evolutionary Approach from User Consent to Portability Rights GAO Jian-cheng Journal of Jiangxi University of Finance and Economics    2024, 0 (1): 112-123.   Abstract （51）            Knowledge map    Save Due to the uncertainty of data ownership, the consent rule under the framework of private law autonomy is not sufficient to adjudicate the legitimacy of data grasping behavior. A feasible idea is to take personal information data as an entry point and combine it with the right to portability system to adjust the conflicts of interests among the major subjects. Introducing the idea of the right to portability into the adjudication of unfair competition disputes can realize the integration of the norms of the anti-unfair competition law in terms of legal interpretation, and jointly safeguard the rights and interests of consumers and fair competition. Based on this, for non-personal information data, the consent of the user alone cannot have the effect of blocking the illegality of data grasping; as for the personal information data for which the user enjoys the right to portability in accordance with the law, the user can authorize the third party to access the data by means of consent under the premise of satisfying the conditions for exercising the right, thus blocking the illegality of the third party’s act. In applying the idea of portability, the court should still pay attention to whether the user’s consent has been obtained in an improper manner, such as through deception, misinformation or coercion, to ensure its validity and voluntariness, and at the same time weigh the consequences of the transfer of the personal information data in question, so as to avoid adverse effects on the rights and freedoms of others. Reference | Related Articles | Metrics | Comments（0） Select Research on the Connection Mechanism between Civil Public Interest Litigation and Administrative Law Enforcement in Anti-Monopoly Prosecutors JIANG Yan-bo, DAI Rui Journal of Jiangxi University of Finance and Economics    2024, 0 (1): 124-136.   Abstract （47）            Knowledge map    Save The establishment of a procuratorial civil public interest litigation system to compensate for the insufficient public and private implementations of China’s current anti-monopoly law is a major highlight of the revision of the anti-monopoly law in 2022, which is in line with the legislative goal of safeguarding consumer interests and social public interests under the anti-monopoly law. It is also an important manifestation of China’s procuratorial organs exercising legal supervision and public interest maintenance functions. However, the newly established anti-monopoly procuratorial civil public interest litigation system in China has suchproblems as unclear nature positioning, simpler legal provisions design, and lack of operability in procedures, especially the positioning and connection between civil public interest litigation and administrative law enforcement, which directly affects the correct implementation of the system. By reviewing the legal and economic theories of civil public interest litigation in anti-monopoly prosecution, this paper analyzes the practical difficulties in the implementation of China’s anti-monopoly prosecution civil public interest litigation system. The findings show that the anti-monopoly prosecution civil public interest litigation system needs to be restructured from two aspects: the substantive law and the procedural law. Only by rationally designing a connection mechanism between the anti-monopoly prosecution civil public interest litigation and the anti-monopoly administrative law enforcement,canwe fully leverage the supervisory function of the civil public interest litigation by prosecutors, improve law enforcement efficiency, save judicial resources, and ensure the systematic and coordinated implementation of the anti-monopoly law on the basis of respecting the basic laws of anti-monopoly administrative law enforcement. Through the integration of the two laws,the characteristics of balancing public interest and private interest in civil public interest litigation of anti-monopoly prosecution can be further reflected, so as to reach the goal of compensating for the losses of individual subjects and safeguarding consumer welfare and social public interests. Reference | Related Articles | Metrics | Comments（0） Select On the Responsive Turn of China’s Securities Regulation: Observation Based on the First Case of Illegal Reduction after the Implementation of the New Securities Law WANG Yi-cheng Journal of Jiangxi University of Finance and Economics    2023, 0 (6): 114-127.   Abstract （57）            Knowledge map    Save CSRC shifted the regulatory path in the Yingyi case of Shanghai because of the policy background of “zero tolerance”, which reveals the practical requirements against the poor effectiveness of the existing behavior regulation and the lack of relief in civil compensation litigation, reflecting the deterrent regulatory strategy of “command-control”. The breakthrough in identifying the nature of behavior in this path shift has already violated the rules and values of information disclosure and share transfer restrictions, highlighting the inherent limitations of the regulatory model based on deterrence strategy, such as the randomness of law enforcement, the tendency to excessive punishment, and the presupposition of antagonistic relationships. The responsive regulation theory breaks away from the single idea of “strengthening deterrence with punishment”, and is committed to building cooperative relationships, which can improve the regulatory efficiency and serve as a basis for China’s securities regulatory reform. However, in the process of its localization, it is necessary to properly handle the incompatibility between it and the local resources of China’s securities regulation, so as to avoid oriented regulatory capture and substantive regulatory relaxation. To play the positive role of the responsive regulation and improve the scientificity and effectiveness of China’s securities regulation, it is necessary to base on the actual needs of China’s capital market, promote the subjective consciousness and ability building of the self-disciplined regulators, optimize the cooperative administrative regulation tools, and ensure the deterrent strength of securities law enforcement. Reference | Related Articles | Metrics | Comments（0） Select Classification of Legal Attributes of Medical and Health Information and Its Private Law Protection SUN Hui Journal of Jiangxi University of Finance and Economics    2023, 0 (6): 128-139.   Abstract （42）            Knowledge map    Save It is not advisable to broadly define medical and health information as private or sensitive personal information, which can easily lead to confusion in the application of law in judicial practice. In practice, the information categories of medical and health information are diverse. Based on determining the relationship between private information and sensitive personal information, we should analyze the underlying value logic of different information categories and use the typological method in legal methodology to divide the legal attributes of medical and health information into four categories: private information, sensitive personal information, both private and sensitive personal information, and neither private nor sensitive personal information. Among them, the identification of private information can draw inspiration from the theory of reasonable expectations of privacy. The identification of sensitive personal information should distinguish between the first level of protection based on personal dignity and the second level of protection based on personal information self-determination, which realizes the correction function during data processing. Only in this way can we find the most accurate private law protection approach for different types of medical and health information based on the privacy rules in the Civil Code, the general provisions in the Personal Information Protection Law, and the special provisions on sensitive personal information. For medical and health information that belongs to both private and sensitive personal information, the scenario analysis methods should also be used to distinguish different levels of processing behavior: the first level applies both of the privacy rules and the sensitive personal information rules, and the second level directly applies the sensitive personal information rules. Reference | Related Articles | Metrics | Comments（0） Select Enterprise Criminal Compliance: Practical Reflection and Theoretical Expansion YE Zi-han Journal of Jiangxi University of Finance and Economics    2023, 0 (6): 140-148.   Abstract （57）            Knowledge map    Save The compliance reform of the enterprises involved in the cases has achieved phased results, but due to the serious shortage of theoretical supply, the reform practice is facing many difficulties, such as the unclear definition of the concepts of criminal compliance, the unclear applicable objects of the reform, the lack of negative compliance incentive mechanism, and doubtful standards of compliance effectiveness. With the continuous deepening of the compliance reform of the enterprises involved in the case, there is an urgent need to explore and clarify the important concepts related to criminal compliance. On the basis of summarizing and reflecting on the existing practical exploration, we should combine our experiences with the experience of foreign compliance, and according to the basic principles and internal logic of criminal compliance, make clear that the basic concepts of enterprise criminal compliance are the criminalization and upgrading of enterprise compliance, the incentive mechanism of enterprise criminal compliance being the organic unity of positive and negative incentives, and the basic criterion for judging the effectiveness of enterprise criminal compliance plan being to eradicate the organizational defects. Only in this way can we provide sufficient theoretical basis and conceptual guidance for the in-depth construction of the enterprise criminal compliance system. Reference | Related Articles | Metrics | Comments（0） Select Business Operation Financialization in the Era of Digital Economy and Its Regulation Approach HU Guo-liang Journal of Jiangxi University of Finance and Economics    2023, 0 (5): 125-136.   Abstract （95）            Knowledge map    Save Building a fund pool through innovative business models in the digital economy era is a common direction for the current practice of financialization of business behavior. The boundary between the physical industry and the financial industry is becoming increasingly blurred, and the capital of the physical industry is formally spreading to the financial field. However, various financial instruments supported by the Internet have broken through the traditional financial regulatory barriers, and the financialization of business operations presents a dual systematic feature. From the perspective of generative logic, the financialization of business behavior is the result of the joint action of factors, such as the financial regulatory system, the innovation in financial models, and the strong investment demand. Allowing it to develop will threaten consumers’ financial security, exacerbate disorderly capital expansion, and strengthen the hollowing out of the economy. Therefore, it is urgent to seek ways to regulate the financialization of business operations from the perspective of the rule of law. The existing regulations have already demonstrated a restrictive orientation towards the financialization of business behaviors, but there is a lack of systematicity in the regulatory system, regulatory objects, regulatory subjects, and other aspects. By expanding the interpretation of “deposits”, the financialization of business operations can be included in the regulatory perspective of Article 11 of the Commercial Bank Law. In order to achieve a balance between strengthening regulation and encouraging innovation, while introducing Article 11 of the Commercial Bank Law, it is necessary to maintain suitable moderation in regulation. Reference | Related Articles | Metrics | Comments（0） Select Crossing the Barriers of Enterprise Data Property Rights: Data Access Rights YANG Zhi-hang Journal of Jiangxi University of Finance and Economics    2023, 0 (5): 137-148.   Abstract （70）            Knowledge map    Save Whether to grant enterprises with data property rights is one of the focus of the current academic debate. Most of the existing studies focus on data empowerment, which is based on the protection of enterprise data rights and interests, but ignore that the value of data should be mainly reflected in the circulation and using. Only by continuously circulating and using, can data realize its increasing value. Whether to grant data property rights to enterprises depends on the needs of data sharing and using. Even so, the argument between the Tragedy of the Commons and the Tragedy of the Anti-commons makes data empowerment once again fall in a dilemma. The key to break the trap lies in questioning closely the contribution of both of them to economic and social development through the problem representations, such as data development, data protection and data circulation. Therefore, it is urgent to remove the barriers to data sharing, promote data access, and maximize the value of data. However, although there are many data access paths under the current law, each has its own defects and cannot meet the needs of economic and social development for large-scale data circulation. A system of data access rights should be established, so as to break the absolute control of enterprises over data, eliminate obstacles to data circulation, and maximize the promotion of data circulation. This can not only be coordinated with the property rights system, but also take into account the protection of enterprise data rights. Reference | Related Articles | Metrics | Comments（0） Select Research on Accounting Issues of Legal Services Products with Chinese Characteristics LUO Liang-qing, LIU Yu, WANG Ya-fei Journal of Jiangxi University of Finance and Economics    2023, 0 (4): 118-133.   Abstract （46）            Knowledge map    Save As a tangible expression of the legal applications, legal affairs hold an important position in the national governance system and play a key role in the socialist market economy system. In the past decade, the construction of the socialist system of rule of law with Chinese characteristics has achieved historical advances. The scale of legal affairs have increased on an unprecedented scale, while the existing statistical capacity of the political-legal departments and the non-governmental subjects is inadequate to meet the demands of the reality. It is urgent to make the targeted top-level design to reflect the true scope of Chinese legal affairs, to exhibit the achievements of law-based governance, and to serve the modernization of the national governance system and the governancec apacity. Starting from the professional perspective of the national economic accounting, and based on the principles of market ability and litigation, this paper decomposes legal affairs into multiple types of legal services products, and develop a basic classification of legal services products. By summarizing the typical production models of market and non market legal affairs products, it further elaborates on the value-added accounting items and the total output accounting method based on the output indicator method. It also proposes the data of the legal affairs products obtained from thestandard statistics of the national economic accounting, which can provide a more scientific statistical basis for China’s post legislative assessment and the rule of law assessment, and effectively improve the data quality in the construction of its indicator system. Reference | Related Articles | Metrics | Comments（0） Select Social Insurance Contributions, Corporate Investment and Investment Efficiency: Evidences Based on the Implementation of the Social Insurance Law in 2011 GUO Fei, HUANG Jin, LUO Liang-xi Journal of Jiangxi University of Finance and Economics    2023, 0 (4): 134-148.   Abstract （60）            Knowledge map    Save Social insurance contribution is an important social security mechanism. The Social Insurance Law issued in July 2011 has increased the social insurance contributions of enterprises, causing them to face higher employment costs and lower levels of free cash flow, so that they are forced to find a balance between financial pressure and investment efficiency and adjust their investment decisions. Based on the data of A-share listed companies in China from 2007 to 2021, this paper employs a double difference model to conduct an analysis. The findings show that an increase in social insurance contributions will increase the labor employment cost of enterprises, reduce their disposable cash flow, and lower their investment level. However, at the same time, it also promotes enterprises to improve their production technology level, make prudent investment decisions, and thereby improve their investment efficiency. This effect is more significant in industries with higher competition, registered in the eastern region, or with higher levels of financing constraints, because these enterprises are more sensitive to the financial pressure brought about by the increase in social insurance contributions. Therefore, the social insurance system can achieve the goals of resource allocation and economic regulation to a certain extent by influencing the investment behavior of enterprises. In this institutional context, China should continue to promote tax and fee reduction reform measures, and implement targeted subsidy policies to encourage stable investment by enterprises and improve their investment efficiency. At the same time, corresponding measures should be taken to prevent the systematic risks brought by the excessive financialization of enterprises. Reference | Related Articles | Metrics | Comments（0） Select CPA's “Full-Time Practice”: Value Measurement and Legislative Choice WU Zong-li Journal of Jiangxi University of Finance and Economics    2023, 0 (3): 121-138.   Abstract （61）            Knowledge map    Save In the Revised Draft, the provisions on the full-time practice of certified public accountants are newly added, and the certified public accountants who obtain salary income from other institutions will be givenadministrative penalties. The stipulationsabout the“full-time practice”in the Revised Draft does not comply with the reality, which conflicts with the basic logic and the historical tradition. The relative stipulations deviate from the legislative value, and there exist major defects in the legislative choices. The“full-time practice”should refer to“specialized”and“independent”practice of the auditing services which are statutory for CPA's, the Revised Draft should regulate it from the two aspects of“specialized”and“independent”. The legislative provisions of“full-time practice”should learn from the historical tradition, keep a foothold on the reality, take into account the rights and interests of all parties, and give consideration to the freedom of the profession while maintaining the value of the industrial order. In order to weaken the excessive pursuit of the Revised Draft on “specialized”practice, it is suggested to limit the connotation of the“full-time practice”, delete the provision concerning“obtaining salary income from other institutions”, and add professional avoidance of certified public accountants. In order to correct the deviation from the“independent”practice in the Revised Draft, it is suggested to prohibitthe public power from seeking rent in the profession of certified public accountants, and add the occupational prohibition period for the retirees to engage in the profession of certified public accountants. Reference | Related Articles | Metrics | Comments（0） Select The Legal and Economic Logic of the Court's Compulsory Approval of Enterprise Bankruptcy Reorganization and the Reconstruction of Debt Repayment Rules WU Wen-yong, YANG Yu-lin Journal of Jiangxi University of Finance and Economics    2023, 0 (3): 139-148.   Abstract （71）            Knowledge map    Save The court's compulsory approval of enterprise bankruptcy reorganization is actually a denial of the voluntary choice and negotiation value of bankruptcy reorganization by public power by virtue of the vague concept of social public interest, which increases the opportunity cost of creditors, forces most creditors to accept unexpected risks, and transfers the consequences of reorganization failure to creditors. Therefore, the enterprise bankruptcy reorganization legislation should balance the“social public interest”, the“protection of creditors' private rights”and the potential“opportunity cost”to ensure that their rights can be guaranteed through a fair and reasonable debt repayment rule and the repayment standard. The law should fully consider the risks and expected benefits of reorganization, as well as the time value and investment opportunities that creditors lost, and the characteristics of the creditor's industry. The liquidation rules and standards should be set in accordance with the principle of the balance of rights and responsibilities, rather than a general description of principles. Reference | Related Articles | Metrics | Comments（0） Select The E-CNY and Renminbi Internationalization under the International Monetary Power Theory: An Exploration Based on the Feasibility and Reality SHEN Wei, ZHAO Er-ya Journal of Jiangxi University of Finance and Economics    2023, 0 (2): 126-137.   Abstract （93）            Knowledge map    Save The e-CNY is a legal tender in its digital form issued by the People's Bank of China. Both the decentralized and centralized features of the e-CNY as well as its sound monetary functions indicate its possibility to play a role in further promoting internationalization of RMB. Under the theory of international monetary power, the internationalization of RMB is not only a manifestation of international monetary power but also a means to obtain and exercise such a power. In terms of the theoretical feasibility, the digital currencies of the central banks may help the countries with sovereign currency to reduce their continuing and transitional adjustment costs, and help them to shape their participant identities as well. In terms of the realistic possibility, the US Dollar hegemony is still the largest obstacle faced by Renminbi internationalization in the context of the issuance of digital RMB. However, the financial sanctions constantly initiated by the Western countries also provide opportunities for the e-CNY to reconstruct the participant identities. Besides, the e-CNY can also provide a basis for the creation of a synthetic hegemonic currency, thereby alleviating the spillover effect caused by the current fluctuations in the value of the US dollar and promoting the multi-polarization of the international monetary and financial system. Reference | Related Articles | Metrics | Comments（0） Select Construction of the Appraisal Procedurebefore Taxation Legislation YI You-lu, WAN Wen-bo Journal of Jiangxi University of Finance and Economics    2023, 0 (2): 138-148.   Abstract （54）            Knowledge map    Save The appraisal procedure before taxation legislation refers to such an appraisal procedure that the particular evaluation subject performs on the necessity and feasibility of the tax items being legislated, the legitimacy and reasonableness of tax law drafts and thecost-effectiveness and expected impact of tax legislationbefore the tax law drafts are submitted for voting in accordance with certain steps, time series and methods. This evaluation process before taxation legislation has several functions, such as preventing vacant evaluation system, optimizingthe configuration of the resources beingevaluated, excluding willfulness and arbitrariness, and justifying the evaluation results. The construction of the process should follow the principles of participation, openness, fairness, proportionality. The basic evaluationprocess before taxation legislation includes the three stages of starting, executing andresponding, each should abide by the corresponding request of the process. Reference | Related Articles | Metrics | Comments（0）