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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） Select The Allocation Mode of China's Real Estate Tax Legislative Powerand Legislative Countermeasures TANG Jian-fei, WANG Qiao Journal of Jiangxi University of Finance and Economics    2022, 0 (5): 128-137.   Abstract （85）            Knowledge map    Save In the allocation of real estate tax legislative power, there are mainly centralized mode, decentralized mode and compound mode in western developed countries. The allocation model of western developed countries lacks suitability for the complex context of China, and it cannot meet the objective needs of China's real estate tax legislation. China's current allocation model has many limitations in such aspects as the concept of decentralization, the content of decentralization and the way of decentralization. The findings of this study show that when carrying out unified legislation for China's real estate tax, the allocation of the legislative power is urgently needed to be transformed from the traditional decentralized model to a“compound equilibrium”allocation model. The“compound equilibrium”allocation mode does not simply emphasize tax decentralization or power shifting to lower level, but pursues the complex and balanced way of tax power allocation. In order to promote the construction of the “compound equilibrium”allocation mode of real estate tax legislative power, China should take corresponding legislative measures in the future in terms of legislative concept, legal system, legal effect level and procedural mechanism. Reference | Related Articles | Metrics | Comments（0） Select Antitrust Law Regulation of Platform Power LAN Jiang-hua Journal of Jiangxi University of Finance and Economics    2022, 0 (5): 138-148.   Abstract （80）            Knowledge map    Save Platform operators have the power to formulate rules, control access, and allocate resources in the platform markets. Driven by the self-interest of platform companies, this power is easy to be abused, thereby damaging the interests of other entities. Platform power is essentially a re-expression of market power, and anti-monopoly law regulations with the “gene” of limiting power should be applied on it, without resorting to other public law theories or establishing a new legal system. Anti-monopoly regulations have often been ignored and underestimated as a tool to limit platform power, mainly due to the rigidity and lagging behind of traditional regulatory frameworks, which ignores the diversification of platform market power sources and abuses the platform power resulting in the damage to the particularity of diversification and dynamism. Therefore, it is necessary to innovate the identification method of market dominance, include the elements of platform power, broaden the analytical dimension of competition damage, and pay attention to the impact of platform power abuse on the competition process and market structure. In order to avoid inhibiting the incentive of autonomy and damage the value of the platform system itself, it is also necessary to regard the reasonable autonomy as one of the legitimate reasons and clarify its establishment conditions. Reference | Related Articles | Metrics | Comments（0） Select The Justification of the VAT Deduction Right: A Debate between Internal and External Justification Theories CHU Rui-gang Journal of Jiangxi University of Finance and Economics    2022, 0 (4): 123-135.   Abstract （99）            Knowledge map    Save The deduction right, as the core right of a taxpayerof value-added tax, can play a better role in the double function of the restriction of the state's taxing power and the protection of the rights and interests of taxpayers only if it gets rid of the“right”claim that is difficult to determine from the moral level and is confirmed as a real positive law right. Then it can guide the optimization of the value-added tax system and leverage the practical difficulties of the value-added tax law. This identity conversion can be accomplished through the internal justification of the rights. Although the internal justification of the right of deduction is based on the inherent reasons of the right, the process is intended to describe the dynamic process of how the right obtains this qualification from the environment in which it is located. The connecting bridge between the rights and the external environment should be built with the help of the evaluation. Therefore, the argumentation process consists of two core structures: the ontology and the reference. On the one hand, it evaluates the right itself, describing its legitimacy and importance; on the other hand, it evaluates the internal-external interaction, showing the legitimacy and importance of deduction right to the external environment. In a word, on the one hand, we should start from the basic legal theory of rights to demonstrate the built-in mechanism of the deduction right conforming to the right; on the other hand, we should conduct standardized investigation to justify the legal character of the deduction right being abided by the law of VAT. Reference | Related Articles | Metrics | Comments（0） Select Returning to Fictitious Norms: Reflection on the Interpretation of Article 2, Clause 3 of the Deed Tax Law YE Jin-yu, ZHENG Le-sheng Journal of Jiangxi University of Finance and Economics    2022, 0 (4): 136-148.   Abstract （101）            Knowledge map    Save Clause 3 of Article 2 of TheDeed Tax Law changes the convention of Article 8 of The Provisional Regulations on Deed Tax, which not only separates the relatedness between the object of deed tax and the taxpayer, highlighting the position of treasuryism, but also integrates the statutory norms and the fictitious norms, leading to confusion in the objects of deed tax.It also dismantles the objects of deed tax and the basis for tax calculation, which increases the obstacles to the measurement of deed tax. The reason for this is probably that the legislators intend to erase the fictitious essence of transferring land and house ownership by means of fixing a price for investment (buy shares), debt repayment, transfer, incentives, etc., which is obviously on the contrary to the results of the interpretations of the literary content, the system and the purpose. To get out of the predicament, we must return to the due position of thefictitious essence, adhere to the stanceof taxpayer, abide by the nature of real estate acquisition tax, follow the synergistic thinking of the deed tax law and the civil law, integrate the systematic thinking of the constituent elements of deed tax, and draw on thebasic experienceof institution created by the objects of deed tax.According to this, the second half ofClause 3, Article 2of The Deed Tax Lawwill be reformed by adding descriptive words and specific rules of the fictitious norms, and the first half of Clause 3 Article 2 of The Deed Tax Law will be reformed by the dynamic access elements of“enumeration + bottom line”with the help of the construction fiction. If so, the deed tax legal norms and the fictitious norms will be organically integrated, the deed tax objects, taxpayers, tax calculation basis, tax rates, tax obligation occurrence time and tax preferential elements will be seamlessly integrated, and a good deed tax method can be generatedby integrating legality with openness, clarity and ambiguity. Reference | Related Articles | Metrics | Comments（0） Select The Framework, Characterization and Regulation of Fintech Platforms ZHAO Yao Journal of Jiangxi University of Finance and Economics    2022, 0 (3): 116-125.   Abstract （131）            Knowledge map    Save Fintech platforms are always faced with a qualitative problem: sales or advertising. If one jumps out of the conceptual barriers of traditional attribute definitions and return to the core essence of financial law of “risk prevention and control”, it is not difficult to find that “risk introduction and risk control” constitute the two essential elements of the platforms’ characterization. From this point of view, fintech platforms present a marketization tendency to be more risk-introduced and more controllable because they dominate many businesses such as smart promotion, account association, layout design, commission sharing, and brand mixing. Therefore, in order to regulate the behavior of fintech platforms, in addition to raising the suitability obligation to the platform level at the subject level, rather than transferring it to the holding licensed institution, it is also necessary to pay attention to the challenges and innovations of fintech on the suitability obligation in terms of content. Of course, the four-layered nesting and single-holding organizational structure of financial technology platforms have always constituted the binding conditions for the above-mentioned platform characterization and behavior regulation, which should be seriously taken into consideration. Reference | Related Articles | Metrics | Comments（0） Select The Construction Mechanism and Realization Path of Risk Specifications for Personal Information Protection ZHANG Lu Journal of Jiangxi University of Finance and Economics    2022, 0 (3): 126-136.   Abstract （134）            Knowledge map    Save The personal information system in the digital age is a pre-emptive protection norm, which aims to prevent the abstract danger that may arise from the abuse of personal information. The risk specification path of personal information protection is in line with the reality of the development of the digital economy and is the best paradigm for personal information protection in the digital age. Risks triggered by personal information processing behaviors can be assessed from the two perspectives of “results” and “behaviors”. The judgment of “high risk” in personal rights violations includes two aspects: the possibility of risk occurrence and the severity of risks. The principle of accountability is the basic principle of the risk regulation path. China’s personal information protection system integrates the two risk regulation paths, i.e., “bottom-up” and “top-down”, but there still exist such problems as differentiated risks, categorized platforms, hierarchical obligations, etc. It is necessary to control the risk path as a whole from the macro level, strengthen the normative guidance of information processors from the meso level, and detail the risk norms under different scenarios on the micro level, so as to form a set of risk controllable, highly efficient and comprehensive protection mechanism. Reference | Related Articles | Metrics | Comments（0） Select Between Filing and Licensing: the Transformation Logic and Normative Approach of Off-Campus Online Training Regulation HUANG Xian-da Journal of Jiangxi University of Finance and Economics    2022, 0 (3): 137-148.   Abstract （101）            Knowledge map    Save The institutional evolution of the market access threshold of the off-campus online training industry reflects the Internet economic context and the microcosm of the reform of the administrative approval system. Education administrative organs try to replace the regulatory effect of ex-ante supervision with an interim and ex-post supervision system. While removing administrative approval to promote the development of the industry, they also give a play to the linkage mechanism between administrative filing and other innovative supervision methods, so as to form a regulatory mechanism with more precision and efficiency by combining the private regulatory advantages of multiple market players. However, due to the poor connection of supporting measures, the preset supervision mechanism has not played its due role as a substitute. In practice, the administrative licensing-style filing plays a major regulatory role. The tension between the institutional design and the regulatory reality stems from the localization difficulties faced in the process of transplanting and reconstructing the supervision system during and after the event in the Chinese context. The limited resources of education supervision and the path dependence of supervision methods, as well as the inherent insufficiency and weak stamina of private regulation in the online training market, all restrict the actual effectiveness of supervision during and after the event, resulting in a deviation between the purpose of supervision and the effect of reform. Therefore, the educational administrative organs try to reshape the in-process and ex-post supervision with ex-ante supervision, balance the tension between the logic of the market economy and other value goals in the process of regulation, and urge off-campus online training to return to the original intention of the “new education supply mode”. Reference | Related Articles | Metrics | Comments（0） Select The Implementation and Strengthening Path of Soft Laws for ESG Information Disclosure of Listed Companies MO Zhi Journal of Jiangxi University of Finance and Economics    2022, 0 (2): 116-129.   Abstract （239）            Knowledge map    Save There are many soft laws that can guide and regulate the ESG information disclosure of listed companies. It is formulated and implemented by non-state entities like industry associations, international organizations and rating agencies, which can solve the problems of abstraction, lagging behind and rigidity of hard laws in ESG disclosure, play the role of supplement and transformation, and respond to practical needs. The ESG soft law does not rely on the national force for protection, but realizes its normative force through the financing-affecting reputation mechanism, the market pricing implemented by internal rules, the external effect of signal transmission, and the reverse support of hard law. Therefore, the improvement of the soft law governance of China’s ESG disclosure can be explored from the perspective of the joint efforts of multiple parties in the market. In detail, the exchanges should enhance their authority and promote regulatory competition; the key state-owned enterprises should take the lead in promoting the network effect for which the soft law is applicable; the soft law should harden itself by supporting the hard law and refining the consequences; the institutional and individual investors and information intermediaries should improve the participation of ESG, so as to strengthen the normative effect of the soft law disclosure. Reference | Related Articles | Metrics | Comments（0） Select Discussion on the Reform of the Compound Public Power Model for Executing Property Disposal: From the Perspective of Innovating the Operation Mechanism of Execution Power XIONG Jin-guang, GAO Jie Journal of Jiangxi University of Finance and Economics    2022, 0 (2): 130-139.   Abstract （159）            Knowledge map    Save At present, the disposal of enforcement property adopts the“single public power model”that is exercised by the court in a concentrated way. The high concentration of power and the shortage of enforcement power form a prominent contradiction, which brings about a prolonged period of creditor’s rights realization, increased burden on debtors, increased risks of the enforcement team, and many other negative externalities. Through the comparative analysis of the construction theory of executive power and the mode of property disposal of execution outside the territory, it can be found that the“composite public power model”is more aligned with China’s national system, power structure and judicial tradition than the“single public power model”and the“society as public power supplementary model”in terms of power legitimacy, power compatibility, power connection, and power supervision. To improve the quality and efficiency of property disposal in enforcement, the reform and innovation of the mode of property disposal in enforcement should be gradually promoted from such aspects as empowerment of disposal rights, scientific distribution of disposal rights, strengthening of procedures and supervision of power operation, etc. Reference | Related Articles | Metrics | Comments（0） Select The Differentiation between the Court System Reform and Prosecutorial System Reform: Connotation, Reason and Route WU Wei-jun Journal of Jiangxi University of Finance and Economics    2022, 0 (2): 140-148.   Abstract （150）            Knowledge map    Save The differentiation between the court system reform and the prosecutorial system reform means that the specific design of the judicial system reform by the court system should be distinct from that by the prosecutorial system. This is a proposition of the rule of law with Chinese characteristics, having a cooperative relation of symbiosis and mutual supplement with the reform homogenization. The different positioning of the court and the procuratorate in China’s Constitution is the basis for the differentiation of the reform of these two systems, while the differentiated reform is the inevitable choice for the judicial system to become more refined. Also it is the objective needed to solve the existing problems in the reform. Therefore, the differentiated reform strategy should properly handle the relationship between differentiation and homogenization. The reform measures should be formulated according to the different focuses on judicial fairness by the court and by the procuratorate. Special attention should be paid to the particularity of the procuratorial system reform in the reform. The judicial rules should also be followed and the reform should be promoted on the basis of accurate defining of the judicial logic and administrative logic. Reference | Related Articles | Metrics | Comments（0） Select The Theoretical Development, Practical Inspection and Governance Transformation of Environmental Rule of Law in Administrative Boundary Areas CHEN Zhen-liang Journal of Jiangxi University of Finance and Economics    2022, 0 (1): 125-135.   Abstract （314）            Knowledge map    Save In recent years, some regions have actively promoted cross-regional cooperated environmental governance in terms of coordinated legislation, joint law enforcement, and judicial cooperation, trying to solve the shortcomings of the territorial management model. This embodies the spatial turn of cooperated environmental governance and provides a new observation perspective and theoretical development opportunities for the iterative update of the environmental law. Based on the analysis of the characteristics of the spatial particularity, the subjective diversity, the multi-level interests, and the appeal diversity of the environment of the administrative boundary areas, this paper interprets and rethinks the applicable field of the“cooperative rule of law”theory of the environmental governance of the administrative boundary areas, as well as the regional environmental legislation, the law enforcement and the practice of judicial cooperation. From the perspective of environmental governance transformation and governance modernization, the inherent requirements of environmental co-governance in administrative border areas are to strengthen cooperation and co-governance between regional environments. It is necessary to promote the transformation of governance from individualism to ecological holism, from urban and rural justice to regional spatial justice, and from local legal system to the regional rule of law, and it is necessary to improve the institutional system, so as to promote the promotion and sharing of benefits based on environmental improvement and the realization of the people’s right to a better life. Reference | Related Articles | Metrics | Comments（0） Select Legal Constitution of Securities Margin Trading in the Civil Code Era: Taking Transferring Guaranty as the Applicable Approach CHENG Wei Journal of Jiangxi University of Finance and Economics    2022, 0 (1): 136-148.   Abstract （307）            Knowledge map    Save The securities margin trading guarantee system is an important part of financial legal infrastructure. The accurate description of the securities margin trading guarantee from the perspective of private law can help to clarify the boundary of rights and obligations of the parties, and provides the basis of claim in private law enforcement, so as to reduce the regulatory burden of public law enforcement. The present academic analysis has not determined the legal constitution of the securities margin trading guarantee. The Civil Code has introduced the functionalist guarantee concept, by which the transferring guarantee obtains the legitimacy recognition in the way of atypical guarantee, thus substantial applicable evidences are provided for the legal constitution of the securities margin trading guarantee. In terms of interpretation, the transferring guarantee can establish the account system of the securities margin trading guarantee, the scope of collateral and other specifications, but the absence of registration rules will affect the effectiveness of the forced liquidation. In terms of laws and policies, in order to meet the requirements of unified guarantee registration by the Civil Code, legislators should stipulate that the party registered in securities margin trading has the prefer efficiency, so as to promote the connection between the legal theory and the business practice. Reference | Related Articles | Metrics | Comments（0） Select The Judicial Dimension of the Implementation of The Emergency Handling Law: Scene Deviation, Two Tensions and Review Mode JIN Xiao-wei, LENG Si-lun Journal of Jiangxi University of Finance and Economics    2021, 0 (6): 122-138.   Abstract （662）            Knowledge map    Save Judgment documents are a unique perspective to observe the implementation of emergency laws and regulations. From the judicial dimension, this paper analyzes the 684 judgment documents citing The Emergency Handling Law. The findings show that this basic law for emergency field has obvious scene deviations in the law enforcement and judicial application, which urgently needs to be corrected in terms of law amendment and law application. The study also reveals that, around specific issues such as the justiciability of emergency administrative actions and the identification of emergencies, there maintains a tacit and divergent tension between the administration and the judiciary. In this regard, the “cooperative degree” analytical framework based on the theory of “functional decentralization” can help to reshape the relationship between the two parties. On this basis, the court should explore and construct a set of judicial review models suitable for emergency situations in accordance with the characteristics of emergency administrative actions. Reference | Related Articles | Metrics | Comments（0） Select Public Interest Litigation on?Securities: Derivative Logic, Theoretical Interpretation and System Moulding FAN Wei-guo Journal of Jiangxi University of Finance and Economics    2021, 0 (6): 139-148.   Abstract （650）            Knowledge map    Save The violations in the securities field have the dual consequences of harming both the public interests and the private interests, the appearance of public interest litigation on securities can make up for the defects of the existing “private relief” and the governance path of “public law enforcement”. However, being short of legal provisions and juridical practice, it remains to be explored as whether or how to carry out institutional construction for the public interest litigation on securities. In order to comprehensively solve the problem of damaging the public interest on securities and safeguarding the public interests in a timely way, the two kinds of public interest litigation systems on securities should be completely established for civil and administrative lawsuits. The institutional differences should be distinguished so as to accurately set the litigation subjects, applicable conditions, litigation requirements, etc. of the two types of litigation. At the same time, we should strengthen the effective connection and interactive cooperation between the public interest litigation on securities and the private relief or the public power supervision, so as to practically promote the protection of public interests in the securities markets, urging the securities supervision departments to perform their duties according to law, and maintain the healthy development of the securities markets. Reference | Related Articles | Metrics | Comments（0）