Study on Game Theory of Social Law Enforcement

Based on the basis of the two stage dynamic game of complete information and purely tactful perfect equilibrium theory, the non cooperative gaming between the police department and the criminals is analyzed. Dynamic game can be proved to forecast and explain potential tactful choices of the police department and the criminals at various stages, so as to analyze the essence of the law enforcement by the theoretical models.

On the Eve of the Enforcement of the Arbitration Law——An interview with Xu Dayou, vice-chairman of China Council for the Promotion of International Trade and of the China International Economic and Trade Arbitration Commission

The Arbitration Law of the People’s Republic of China will go into effect on September 1, 1995, which has become the focus of world attention. This is an important law promulgated by China for handling economic disputes. All the parties concerned are making intense preparations for the successful enforcement of the Law. As the first nongovernmental organisation engaged in arbitration affairs, the China Council

Smart all-time vision:The battery-free video communication for urban administration and law enforcement

The Chinese government is dedicated to enhancing the level of informatization in administrative law enforcement to ensure fairness and increase credibility.Currently,law enforcement has exposed such problems as insufficient force,difficulties in collecting evidence,and low evidential power.These problems contradict the principles of rule of law and standardization.Many local governments have implemented advanced information technologies for urban administration and law enforcement,including big data,artificial intelligence,and IoT.Among these technologies,IoT is the core communication infrastructure for innovative law enforcement platforms.However,traditional video communications rely on batteries or dedicated power sources,leading to maintenance challenges and high power consumption.In this paper,we propose AT-Eye,a new video communication paradigm for all-time law enforcement video monitoring,which is battery-free and high-throughput.The key enabler of AT-Eye is ambient backscatter technology,which enables energy harvesting and video communication simultaneously.Unlike previous methods,our proposal introduces a novel CCK-based modulation for tag cameras and achieves 4-way concurrency.The modulation is simple because it uses phase difference and it is energyefficient because generating square waves is adequate.Moreover,to ensure full compatibility with COTS WiFi,we modulate the physical service data unit.Therefore,data recovery is possible using only commercial NICs.We conduct comprehensive experiments to examine our proposal and experiment results show that AT-Eye achieves a throughput of 10.8 Mbps with COTS radios.We also simulate a 16-way battery-free tag camera system,demonstrating AT-Eye’s feasibility of high-definition video communication.

Scalable and Accessible Crash Hot Spot Detection for Traffic Law Enforcement

Law enforcement agencies have begun utilizing traffic and crash data to improve traffic law enforcement delivery. However, many agencies often do not have the resources or expertise to harness fully the benefits this data offers. A free to use, scalable traffic crash hot spot detection tool was developed to aid law enforcement agency decision makers, statewide to the local municipality level. The tool was developed to identify crash hot spots algorithmically with a range of customizable parameters based on location, date and time, and crash factors, enabling quick, dynamic queries. These capabilities provide the ability for law enforcement agencies to conduct “what if” analyses and make data-driven allocation decisions, placing officer resources where they are most needed. The two-step algorithm first identifies potential hot spots based on crash density and then ranks each hot spot using a standardized z-score measure of relative significance. To test the viability of the tool, a pilot was conducted identifying 27 hot spots across Wisconsin where targeted enforcement was then deployed. Despite officer skepticism, results from the pilot found officers at sites targeted for speeding and seatbelt violations were nearly twice as likely to initiate traffic stops compared to non-targeted hot spots. Empirical Bayes before-and-after crash analyses found fatal and injury crashes reduced significantly by nearly 11% during the months with targeted enforcement, while property damage crashes and total crashes were unchanged. Overall, the results show the algorithm can identify hotspots where, coupled with targeted enforcement, traffic safety improvements can be made.

Competition Law in the GCC Countries： The Tale of a Blurry Enforcement

countries, and emphasizes that the application of the rules in force represents the weak point of systems in which the competition policy awareness is much needed but still anchored at a rudimentary stage. This is especially evident when considering that, although such laws have been built up following the European Union model as regards to the forbidden practices, and the US system-with its combination of monetary fines and criminal approach-for the sanctions, the establishment of a legal environment “friendly competition” is far from effective enforcement. After providing an overview of the competition laws passed by the six GCC members, the paper highlights that, notwithstanding the wide arsenal of legal tools to curb possible anticompetitive practices made available under the national regimes, in all countries role and powers of the competition authorities are somewhat underrated. Due to such generalized lack of implementation, the article underlines the need for effective enforcement standards accompanied by a joint harmonized action against illegal competition to be undertaken at regional level in order to facilitate the flow of commerce, and strengthen the economy in the GCC marketplace.

Analysis of Economic Efficiency of Wildlife Law Enforcement in Serengeti Ecosystem Tanzania

Law enforcement remains to be the main strategy used to combat poaching and account for high budget share in protected area management. Studies on efficiency of wildlife law enforcement in the protected areas are limited. This study analyzed economic efficiency of wildlife law enforcement in terms of resource used and output generated using three different protected areas (PAs) of Serengeti ecosystem namely Serengeti National Park (SENAPA), Ikorongo/Grumeti Game Reserves (IGGR) and Ikona Wildlife Management Area (IWMA). Three years (2010-2012) monthly data on wildlife law enforcement inputs and outputs were collected from respective PAs authorities and supplemented with key informant interviews and secondary data. Questionnaire surveys were conducted to wildlife law enforcement staff. Shadow prices for non-marketed inputs were estimated, and market prices for marketed inputs. Data Envelopment Analysis (DEA) was used to estimate economic efficiency using Variable Return to Scale (VRS) and Constant Return to Scale (CCR) assumptions. Results revealed that wildlife law enforcement in all PAs was economically inefficient, with less inefficiency observed in IWMA. The less inefficiency in IWMA is likely attributed to existing sense of ownership and responsibility created through community-based conservation which resulted in to decrease in law enforcement costs. A slacks evaluation revealed a potential to reduce fuel consumption, number of patrol vehicles, ration and prosecution efforts at different magnitudes between studied protected areas. There is equal potential to recruit more rangers while maintaining the resting time. These finding forms the bases for monitoring and evaluation with respect to resource usage to enhance efficiency. It is further recommended to enhance community participation in conservation in SENAPA and IGGR to lower law enforcement costs. Collaboration between protected area, police and judiciary is fundamental to enhance enforcement efficiency. Despite old dataset, these findings are relevant since neither conservation policy nor institution framework has changed substantially in the last decade.

On the Current Situation of Basic - level Administrative Law Enforcement in China

With the development of economy and society, our country is on the road of rule by law, the legal system is progressing constantly. At the same time, we should also see that the administration according to law is not perfect, and its shortcomings exist in different degree and need to be further improved. Based on the analysis of the status quo of grass-roots administrative law enforcement in China, this paper tries to put forward corresponding countermeasures, so as to promote the work of law-based administration for the corresponding study.

Achievements Outstanding In Protecting Minors——Report on enforcement of Law on the Protection of Minors (excerpts)

The Law of the People's Republic of China on the Protection of Minors and the Law ofthe People's Republic of China on the Prevention of Juvenile Crimes were passed on September 4, 1991 and June 28,1999 and came into force on January 1, 1992 and November 1, 1999. Over the past decades, China has scoredoutstanding achievements in implementing the two laws. In order to strengthen supervision of the implementationof the two laws and better protect the lawful rights and interests of the under-aged, the National People's CongressStanding Committee set up a Law Enforcement Check Group in July 2003, which carried out a nationwidecheck of the implementation of the two laws. On August 25, NPC Vice-Chairperson Gu Xiulian reported on theresult of the check to the fourth meeting of the Tenth NPC standing committee. She described the generalsituation in the implementation of the two laws as 'good' and also identified some problems and put forwardsome recommendations with regard to the enforcement and implementation of the two laws.The following are the excerpts of the report:

Guideline for Making,Enforcement of Laws

Respect for and protection of human rights is a constitutional principle for China. China＇s Constitution states： ＂The ,State shall respect and protect human rights＂ In practice, this constitutional principle serves as an important guideline for the making and enforcement of laws.

Tian Qiyu: Enforce Law for People and Human Rights

Editor's Note: In recent years, China's public security organs have firmly implanted the idea of enforcing the law in the interests of the people and adhered to the principle of enforcing the law strictly, impartially and in a civilized manner and dealing flows at all kinds of criminal activities. They have achieved fruitful results in protecting the lawful rights and interests of the people and in safeguarding and protecting human rights. To know such achievements, our staff reporter interviewed Tian Qiyu, executive vice-minister of public security.

反垄断执法约谈的规范化续造——兼评《反垄断法》第五十五条

修法之前,执法约谈从未见于反垄断相关的正式且生效的规范性文件,但实践中却被作为一种柔性执法方式在不同程度上运用。考察执法实践发现,约谈手段在反垄断领域呈现多种样态,反映出约谈泛化的现象,并存在延续的倾向。新《反垄断法》第五十五条及配套规章建立了执法约谈制度的基本框架,尽管一定程度上能够规范执法约谈实践,但对部分现实问题缺少足够的制度回应和前瞻,执法约谈的启动条件宽泛、法律后果不明、以纠代罚或以约代罚等问题仍有待解决。规范反垄断执法约谈应当遵循反垄断执法总体谦抑的理念,恪守正当程序的基本原则,在提升反垄断执法主动性和回应性的基础上,协调好同其他执法措施的关系。在基本明确方向后,可以从启动机制、过程控制、事后保障三方面实现反垄断执法约谈的规范化续造。

Does Environmental Laws and Policies Work?A Review Of Ghana’s Case

Enforcing environmental laws and policies has been one of the pressing agenda globally.Despite the mandate given to the Environmental Protection Agency(EPA)by the Act 490,there are still numerous environmental issues unaddressed in Ghana.This paper is geared towards unravelling and identifying the current additions that have been made to existing literature on environmental laws and policies in Ghana.This paper made a wide-ranging general literature review to outline significant contributions concerning environmental laws and policies.Numerous environmental laws and policies were identified but have been fragmented and are not codified in a particular document.It is evident from the review of literature existing that there are still areas for advanced research on the topic of environmental laws and policies placing more emphasis on institution concerned with environmental issues at global level.The study recommended the need for capacity building for environmental personnel and data due to the numerous technological advancement to better assist the implementation and enforcement of environmental laws in Ghana.

人工智能体执法并承担执法责任的可能性

人工智能体执法正成为数字法治政府建设的重要表现,将会对以人的行为作为逻辑底色而建构的法律秩序形成冲击。人工智能体或许可以拥有有限的法律人格及有限的责任能力,并为一般行为承担法律责任,但却可能面临执法权行使正当性与执法能力不足的困境。因此,人工智能体不适宜执法或行使公权力,只能承担事务性公务,其执行公务引起的责任可由人工智能体自身、供应商以及行政机关共同承担。

中国环境自动监控行政执法中的法律问题研究

中国环境行政执法中自动监控方式是广泛应用的新模式,也是环境行政监管与执法的未来趋势,但目前无论是国家法律、行政法规、部门规章还是地方规范都片段化且不统一。在2021年修订的《行政处罚法》背景下,亟须围绕该法第41条“电子技术监控”条款生成统一系统的环境非现场行政执法规范。环境自动化监控从主体、程序、证据、处罚四方面给行政处罚带来新的变革:首先,主体上,新的主体第三方服务机构的产生,带来新的第三方执法义务等共治问题。其次,程序上,行政执法流程相比人工时代需要再造,以保障行政相关方的权利。第三,证据上,“数据失真”与自动监控时代执法证据的证明力问题,使得人工“双审”成为要件。第四,罚责上,需做到甄别三种自动监控数据属于违法,并在海量的自动监控数据中降低执法强度。在新的环境自动监测时代,主体、程序、证据、处罚都要考虑行政相对方——企业的权利与利益再平衡。此外,上述结论往往也适用于我国自动化行政执法的许多共性问题。

综合行政执法改革过程中的多维结构变迁与能动者策略

推动执法权属地化与综合化是夯实基层政权建设的重要一环,但在政策实践中,并不必然带来治理效能的提升。事权下放后,基层治理结构的实质性变革如何形塑执法主体的行为策略,以提升事权承接的有效性,是亟待回答的重要议题。文章从“结构—过程—功能”的视角出发,对一个街道综合行政执法体制改革进行系统考察,构建理解多维结构变迁中能动者策略生成的分析框架。研究发现,在改革过程中,综合执法部门所嵌入的横向结构在权力、责任和资源维度发生系统性变迁。执法主体在基层治理结构所设定的规则约束与行动空间中,基于复杂性和概率性两个维度,划分四种类型的执法任务,并能动地创设动员式、裁剪式、扩容式等执法策略,衔接再配置的结构性要素与复杂外部事务治理环节,从而有效回应“块块”运作规则和事权下放的内在要求。

治理吸纳执法:乡镇行政执法何以运行——基于中部多个乡镇综合执法改革的经验考察

近年来国家不断强调治理重心下移,行政执法权下沉是其重要表现。以执法下沉为目标的行政执法改革旨在通过行政执法权的属地化配置缓解乡镇治理权责失衡的困境,促进基层治理规范化。但实践中,乡镇行政执法形成“治理吸纳执法”的运行特征,即行政执法作为“条条”体制下的一种专业化事权呈现出“块块”主导的属地化运作,这源于乡村社会的弱执法需求以及伴随多中心工作而来的乡镇治权弱化。行政执法下沉客观上为乡镇提供了新的治理工具,但并未带来预期的执法效益,也没有根本改变乡镇治权不足的结构性困境。乡镇治理权力具有多样性和复杂性,基于乡镇治理情景,具体分析行政执法权的性质,才能正确理解行政执法权在乡村治理中的功能定位以及行政执法改革对乡镇治理的意义。

我国环境执法模式的反思与革新

在新时代中国环境法治的议题中,环境治理体系的核心环节——环境行政执法是实现生态文明和高质量发展的重要手段。传统“强制型”“威权型”的环境执法模式,已经显露出无法适应新时代生态文明建设需求的局限性。基于习近平生态文明思想的系统整体要求,本文主张建立整体化执法理念,推动环境执法从“强制型”向“共治型”的演变,通过对传统环境行政执法的“纠偏”,以便更好地适应包容性强、多元共治、刚柔并济、平等协商、协同互动治理目标的综合实现。为达成这一目标,本文基于系统整体观提出环境治理体系制度层面的深度优化策略,其中包括各类沟通性、非高权性环境行政行为的扩展应用,以及环境执法资源配置的精细化调整。这些措施旨在构建更加灵活和协同的环境治理机制,以适应现代社会多元利益关系的复杂性。

统一大市场背景下反垄断执法体制的挑战与变革

在加快建设全国统一大市场和强化竞争政策基础地位业已成为国家发展战略的时代背景下,反垄断执法和公平竞争审查既是建设统一大市场的基础保障,也是强化竞争政策基础地位的路径依赖。现行反垄断属地执法体制应对地方保护主义的作用有限,公平竞争审查制度优化地方产业政策刚性约束不足,反垄断执法与公平竞争审查各自为政的割裂状态难以形成制度合力。这些问题的解决有赖于以满足统一大市场建设需要为指引,持续推进反垄断执法体制改革:明确竞争政策的宪法法律地位,建构央地垂直的反垄断执法和公平竞争审查体系,整合国务院反垄断委员会反垄断执法和公平竞争审查职能,持续为反垄断执法的独立性、权威性赋能,以此全面强化反垄断执法功能、实现公平竞争审查刚性约束,共同促进有效市场和有为政府的有机结合,有力推进统一大市场建设。

整体智治理念下县域综合行政执法改革的逻辑基础与规制路径——基于对龙港市“一支队伍管执法”的观察

在全国综合行政执法改革实践中,“一支队伍管执法”主要集中在乡镇(街道)层级,县域“一支队伍管执法”是龙港市推进新型城镇化综合改革探索的创新实践。龙港市综合行政执法改革遵循“不建机构建机制,不增层级增协同”的原则,遵循条块协同、整体智治理念,将专业化、数字化、科学化嵌入改革全过程,使法治、协同、效能、服务为民等价值属性统一于县域行政执法领域,形成独具特色的“市直管社区”综合行政执法地方实践。整体智治作为政府数字化转型背景下基层治理模式的创新实践,其核心逻辑表现为将制度和技术嵌入治理过程,重置治理结构、重整治理资源、提升治理质效。构建综合行政执法整体智治的治理机制,通过“执法队伍—执法手段—执法程序—执法监督”全过程闭环、多维度规制路径,能够有效破解当前县域“一支队伍管执法”在执法理念、体系构建、体制重整、规范配套及队伍能力尚存短板的难题,保障县域综合行政执法改革成效。

“Fundamental Rights and Private Law” in China

The Qi Yuling case is a crucial juncture in the study of “fundamental rights and private law” in China, yet relevant research is underpinned on two clues. The first is that the increasing interest in the “constitutionalization of private law” worldwide provides knowledge resources and reference materials for scholars in China;the second is the understanding and exploration of the judicial application of the Constitution since the 1980s. Among them, such concepts as “the Constitution has direct legal effect” and “the Constitution needs to be implemented by the people” could have directly affected the Qi Yuling case. Focusing on such topics as the case of Qi Yuling, judicial enforcement of the Constitution, and the compilation of the Civil Code, scholars discussed the ways and scope for inclu ding fundamental rights in private law based on their experience abroad. They also looked into specific issues, covering how fundamental rights affect civil acts and the private law effects fundamental rights like personality rights, equali ty rights, freedom of speech, and protection of personal information. In the context of promoting the full implementation of the Constitution in the new era, “fundamental rights and private law” is still a field with great potential in both practice and theory.