Understanding the Importance of Effective Third-Party Risk Management on Data Governance

With a view to adopting to the globalized business landscape,organizations rely on third-party business relationships to enhance their operations,expand their capabilities,and drive innovation.While these collaborations offer numerous benefits,they also introduce a range of risks that organizations must carefully mitigate.If the obligation to meet the regulatory requirements is added to the equation,mitigating the third-party risk related to data governance,becomes one of the biggest challenges.

Strategies for China’s Response to and Improvement of Third-Party Funding in International Investment Arbitration

China should prioritize the establishment and enhancement of a third-party funding system.It should actively refine the existing arbitration rules,addressing any loopholes in the current regulatory framework.Comprehensive measures should be implemented to regulate third-party funding,aligning with international trends.This is crucial not only to safeguard the foreign investment of the Chinese government and enterprises but also to position China as a globally influential arbitration center.

没收的正义——基于《监察法》没收违法所得条款之诠释

《监察法》中的违法所得没收条款,系任何人不得因自身的不法行为获得利益原理的具体体现,不让贪腐分子因腐败获益、补充常规监察手段不足以及加强国际反腐败合作是其价值基础。从属性上看,违法所得没收程序是让利益状态恢复到违法之前的保安处分,属于典型的对物程序和缺席审判程序。违法所得没收程序的适用须符合特定的罪名范围要求,被调查人的状态要求,案件重大、复杂且有必要继续调查,以及没收财产范围等要求。为确保没收程序的合法正当,应加强对监察机关提出没收违法所得申请、检察机关向人民法院提出没收违法所得申请、人民法院进行司法审查等三个阶段的程序控制。

近代变局与庆宽的仕宦人生

庆宽是晚清民初的“奇人”,以民籍混入内务府旗籍,借助绘画的特长和办皇差的机会,在晚清拥堵的官场上,逐级升迁至候选内务府三院卿,积累了大量财富,也引发了官场侧目,遭到光绪帝下旨抄家的惩罚。戊戌之后,庆宽利用往日的关系网成为访日特使,又因为辛丑议约的劳绩,获得保举,恢复了原有旗籍和职衔。晚清最后十年,庆宽在仕途上做最后一搏,但最终止步于四品道台,遂决心离开官场。在民初的十年,庆宽以平民视角观察政局,时而以旗人身份筹划旗人生计,时而作为普通市民关注城市自治,逐渐淡出了时代舞台。

Impact Damage Testing Study of Shanxi-Beijing Natural Gas Pipeline Based on Decision Tree Rotary Tiller Operation

The North China Plain and the agricultural region are crossed by the Shanxi-Beijing natural gas pipeline.Resi-dents in the area use rototillers for planting and harvesting;however,the depth of the rototillers into the ground is greater than the depth of the pipeline,posing a significant threat to the safe operation of the pipeline.Therefore,it is of great significance to study the dynamic response of rotary tillers impacting pipelines to ensure the safe opera-tion of pipelines.This article focuses on the Shanxi-Beijing natural gas pipeline,utilizingfinite element simulation software to establish afinite element model for the interaction among the machinery,pipeline,and soil,and ana-lyzing the dynamic response of the pipeline.At the same time,a decision tree model is introduced to classify the damage of pipelines under different working conditions,and the boundary value and importance of each influen-cing factor on pipeline damage are derived.Considering the actual conditions in the hemp yam planting area,targeted management measures have been proposed to ensure the operational safety of the Shanxi-Beijing natural gas pipeline in this region.

进出口罚没食品销毁技术研究

随着全球化进程的不断推进,国内进出口贸易规模逐年扩大,食品安全问题也日益受到关注。进出口罚没食品主要是指在进出口环节被海关等执法部门查获的违法食品,这些罚没食品通常会涉及质量、标签以及假冒伪劣等问题,一旦这些产品流入或者流出,则会对消费者的饮食安全造成严重影响。而在我国法律法规的规定下,执法部门有权利罚没这些问题食品,并具备销毁罚没食品的权利。为此,本文将对进出口罚没食品类型展开分析,并论述进出口罚没食品的销毁技术,以期不断提升我国食品安全管理水平。

没收违法所得处罚中依法退赔制度的解释论

没收违法所得处罚中依法退赔制度的构建将公益性和私益性有效兼容,是对公法和私法相互交融的实践需求的回应,其理论基础在于私权优先保护的价值理念和“国不与民争利”的民本思想。依法退赔制度的适用条件有三:法律责任竞合的存在、当事人有违法所得和当事人依法应当承担财产性民事责任。依法退赔制度在推进国家治理体系和治理能力现代化进程中的价值蕴涵主要表现为:体现了以人民为中心的法治理念,落实了比例原则的要求,强化了行政处罚公正原则和实现优化营商环境的重要举措。从逻辑关系来看,依法退赔制度不是没收违法所得的前置性行政程序,当事人依法退赔的款项是没收违法所得的事实构成要件,其直接影响没收违法所得处罚的法律效力。通过行政处罚处理期限中止制度的完善和依职权行政调解的嵌入有利于在行政处罚程序中直接落实依法退赔制度和保证没收违法所得处罚的合法性,最后完善财政部门返还款项的程序,充分发挥财政部门返还款项制度的兜底性和补充性的功能。

没收财产刑执行困境及破解——以N市近3年财产刑执行案件为分析样本

“没收个人全部财产”的财产判项,因缺乏具体的、明确的数额,实践中一些法院多以“1元”执行立案,导致没收财产刑出现“假执行到位”现象。执行结案方式缺乏统一标准,致使罚金刑和没收财产刑陷入“孰轻孰重”的执行困境,同时也是对财产刑执行“失权性原则”的冲击。当没收财产刑从立案到结案均出现困境时,应从没收财产刑自身属性到程序适配性进行思考。没收财产刑有其自身刑罚逻辑,将其作为附加刑机械适用,会导致其“最严厉的财产处罚”属性受到冲击,但不能因为没收财产刑的执行效果不好或部分替代可能性而将其摒弃。没收财产刑的执行价值,需要一套完备的审执模式予以护航,从审判源头入手统一好法律适用、配套好执行启动程序与统一好执行结案方式,因而其未来走向仍值得期待。

《海上交通安全法》框架下没收船舶处置困境研究

2022年9月1日起施行的新《中华人民共和国海上交通安全法》(以下简称新《海安法》)第九十五条首次在法律层面将依法没收船舶作为海事管理机构的行政处罚方式之一。结合海事行政执法实践,分析新《海安法》第九十五条关于没收船舶的规定,阐述目前海事管理机构在新《海安法》框架下实施没收船舶时可能面临的困境,提出出台有关没收船舶保管、拍卖和拆解要求以及拖带、清污和保管等费用支付等没收船舶后续处置工作指引的建议,从而为海事执法人员依法处置没收船舶提供依据。

法治反腐视域下刑事缺席审判证明标准的完善路径

作为2018年《刑事诉讼法》新增内容,刑事缺席审判程序填补了没收违法所得程序适用上的局限,扩展了特定犯罪的追诉方式,完善了具有中国特色的刑事审判制度。该程序尽管纾解了客观上不能出席导致的审判停滞情况,但被告人外逃型缺席审判的适用仍有待立法的完善。当前,缺席审判规则中的证明标准未能与案件的特殊性相协调。缺席审判的证明标准应围绕犯罪构成要件理论,通过厘清三类案件的特殊诉讼构造,明确证明对象、证明方式、证明价值和证明目的之特殊性,充分发挥刑事缺席审判的价值功能。

涉渔“三无”船舶没收处罚制度研究

为贯彻习近平总书记关于安全生产重要指示批示精神,维护渔业安全生产秩序和社会稳定,全国各地深入推进“三无”船舶专项整治工作。涉渔“三无”船舶是指未注册、未备案和未持有有效渔业许可证的渔船,没收处罚被广泛地应用于对涉渔“三无”船舶的制裁。文章旨在对涉渔“三无”船舶没收处罚适用的分析研究,探讨该制度在适用过程中存在的与立法目的偏离之处,并提出相应的对策建议,从而完善渔业法律的体系建设。

The third-party regulation on food safety in China:A review

Stakeholders in the field of food safety management in China can be classified into three categories, government, food producers （farmers and enterprises）, and the third-party regulatory bodies. The third-party regulation has experienced rapid development in past twenty years, and recently received considerable attention from consumers and the central government. This paper provides a review about the development, problems and future trend of the third-party regulation on food safety in China. To be specific, five forms of the third-party regulation are assessed, including media exposure, the third-party certification, regulation by consumer associations, social movements promoted by non-governmental organiza- tions （NGOs）, and regulation by industry associations. The study concludes that media and consumer associations are the major players in the third-party regulation and are highly repudiated among customers. The food certification industry has developed rapidly, but is now facing crises of confidence among consumers because of its lack of self-regulation. NGOs and industry associations still remain in the early development stages of food safety management, and therefore, are of little importance in current regulatory bodies.

The Status Quo of Chinese Agro-products Logistics and the Establishment of the Third-Party Logistics Mode

The status quo of Chinese agro-products logistics is analyzed from the following five aspects:the circulation mode,exchange mode,storage and transportation situation,food security.The following problems in Chinese agro-products logistics are pointed out,including excessive circulation sections,bad time efficiency,single payment,slow circulation,backward information processing,obvious bullwhip effect,low logistics efficiency,low logistics technology,inadequate professional equipments,low standardization degree,organized operation mode and low degree of scale.The third-party logistics mode of agro-products is analyzed and the advantages of the mode are analyzed as well.Firstly,establishing information network through integrating circulation section to accelerate the circulation of agro-products;secondly,making the operation norms by providing professional equipments to secure the quality of agricultural products;thirdly,improving the core competitiveness of the whole logistics chain by intensifying specialized work division in each section of the supply chain;fourthly,through forming scale economy to reduce logistics costs and increase the diversity of products;fifthly,through signing contracts to clarify duties and responsibilities and materialize the profit integration of the supply chain.The measures for establishing the third-party logistics of agro-products are put forward,including establish the awareness and concept of socialized logistics services;intensify the support on the third-party logistics enterprises of agro-products;lay stress on the cultivation of logistics talents of agro-products;and vigorously apply the modern marketing means.

China-Japan Cooperation in Third-Party Markets: Japan's Strategic Thinking and Its Obstacles

Positive signs have been shown in Japan's attitude toward China's Belt and Road Initiative (BRI) since 2017. The two countries have reached significant consensus on third-party market cooperation along the Belt and Road routes. Third-party market cooperation is not only expected to become an innovative platform for Sino-Japanese economic exchanges in the new era, but it is also a valuable asset for durable and sustained future of bilateral relations. Therefore, an in-depth analysis is necessary on Japan's policy considerations and the realistic obstacles it faces when cooperating in third-party markets, in order to address challenges and advance China-Japan partnership.

Analysis of Problems and Policy Recommendations for the Third-party Evaluation in the Present Poverty Alleviation

The introduction of third-party evaluation system and the implementation of third-party evaluation system in poverty alleviation is a major innovation in the targeted poverty alleviation work in China.In order to improve the third-party evaluation mechanism,further improve the efficiency of third-party evaluation,and enhance the effectiveness of targeted poverty alleviation,this paper analyzes and summarizes the main problems existing in the current third-party evaluation practice.In view of the related problems,this paper puts forward the corresponding policy recommendations,which are believed to play a positive role in further promoting the development and improvement of the third-party evaluation of getting rid of poverty.

Operational risk assessment of third-party payment platforms:a case study of China

Operational risk events have severely impacted the development of third-party payment(TPP)platforms,and have even led to a discussion on the operational risk capital charge settlement by relevant international regulators.However,prior studies have mostly focused on qualitative mechanism analysis,and have rarely examined quantitative risk assessment based on actual operational risk events.Therefore,this study attempts to assess the operational risk on TPP platforms in China by constructing a systematic framework incorporating database construction and risk modeling.First,the operational risk database that covers 202 events between Q1,2014,and Q2,2020 is constructed.Then,specific causes are clarified,and the characteristics are analyzed from both the trend and loss severity perspectives.Finally,the piecewise-defined severity distribution based-Loss Distribution Approach(PSD-LDA)with double truncation is utilized to assess the operational risk.Two main conclusions are drawn from the empirical analysis.First,legal risk and external fraud risk are the two main causes of operational risk.Second,the yearly Value at Risk and Expected Shortfall are 724.46 million yuan and 1081.98 million yuan under the 99.9%significance level,respectively.Our results are beneficial for both TPP platform operators and regulators in managing and controlling operational risk.

Exploring Third-party Markets through BRI

IN June 2015,China and France released a joint statement to explore third-party markets.The statement,for the first time,put forward the concept of“cooperation in third-party markets,”and defined the key areas to be tapped into as well as the basic principles to be followed.

Hybrid Intelligent Approach for the Selection of Third-Party Reverse Logistics Provider under Uncertainty

A hybrid intelligent approach is proposed to help the decision maker to select the appropriate third-party reverse logistics provider. The following process is included: firstly,the evaluation team is established to determine the selection criteria and evaluate them by triangular fuzzy numbers; secondly,calculate the weight of criteria by the proposed hybrid algorithm integrating particle swarm optimization( PSO) and simulated annealing( SA); then, the performance evaluation for each supplier is predicted by the proposed self-feedback neural network( SFBNN) based on the historical data. A numerical example is also presented to interpret the methodology above.

Work Effectiveness,Problems and Countermeasures of Third-Party Assessment Teams from Colleges and Universities for Targeted Poverty Alleviation

Conducting a third-party assessment on targeted poverty alleviation can effectively avoid the disadvantage that local government plays as both athlete(i.e.performer of poverty alleviation work)and referee(i.e.referee for poverty alleviation effect)in poverty alleviation to ensure the truth of poverty alleviation,and therefore,it is an important part of the work to win the battle against poverty.Since 2016,the thirdparty assessment teams from colleges and universities for targeted poverty alleviation have achieved good results and performance in the assessment on both the effectiveness of targeted poverty alleviation work and the exit of poor counties in China,and they have made due contributions to the cause of poverty alleviation.However,as a new thing,third-party assessment obviously has some problems,mainly including the following:subjective understanding on the long-term nature of rural poverty alleviation is insufficient,and there is a lack of long-term considerations and related mechanism for third-party assessment;affected by policies and institutions,most of the existing third-party assessment teams from colleges and universities have not regarded third-party assessment of targeted poverty alleviation as a cause,and they lack the motivation to actively study the assessment business;and the third-party assessment staff from colleges and universities for targeted poverty alleviation have low stability and high mobility,not conducive to the long-term construction of assessment teams.In order to establish long-term poverty alleviation and prevention mechanisms,these issues must be addressed squarely and relevant countermeasures need to be taken actively to effectively build a long-term mechanism for building third-party assessment teams from colleges and universities for targeted poverty alleviation.

ZTE is First to Pass Third-Party UE TD-LTE Test

ZTE Corporation announced on May 13, 2009 that it is the first company to successfully complete and pass the TD-LTE Phase I test together with key industry players including China