The scope and depth of the media create a'symbolic pressure environment'that holds important influence. The media voice is usually interpreted wrongfully as a representation of public opinion. This kind of voi...The scope and depth of the media create a'symbolic pressure environment'that holds important influence. The media voice is usually interpreted wrongfully as a representation of public opinion. This kind of voice provides the legislative department enough incentive to start a legislative process that follows media's lead. From the perspective of lawmaking organs,such behavior is a response to public attitudes. The above voice and response pattern forms pressure predominant legislation based on media information. However,the information delivered by the medium is limited by time,passion and even extreme group prejudice,which is always short on calm and objective judgment. The law and regulations passed by such pressure guided processes cannot fulfill the requirement of observation and examination that comes from judicial practice. This also blurs the functional differences between the law and other social orders. The restructure of the legislative regime should focus on decision-making and the choice of a skill-model,in order to recreate the democratic and scientific standard of lawmaking.展开更多
The essence of open banking is the information sharing between commercial banks and other financial institutions as well as third-party platforms.While promoting the sharing and utilization of information,there are al...The essence of open banking is the information sharing between commercial banks and other financial institutions as well as third-party platforms.While promoting the sharing and utilization of information,there are also potential threats to the information security of financial consumers.Therefore,under the mode of open banking,the information security protection of financial consumers should be emphasized.Legislative departments and financial regulators should establish the concepts of giving priority to information security,giving preferential protection to financial consumers.Financial consumers should be given the right to control personal related information,the security obligations of financial institutions should be clarified,and the behavior of operators to obtain and process financial consumers’information should be regulated through legislation,so as to balance the conflict between information sharing and information security.展开更多
I. INTRODUCTION The US Supreme Court Justice Oliver Wendell Holmes once said,‘Pretty much all law consists in forbidding men to do something that they want to do’. Such is the case with laws regulating related party...I. INTRODUCTION The US Supreme Court Justice Oliver Wendell Holmes once said,‘Pretty much all law consists in forbidding men to do something that they want to do’. Such is the case with laws regulating related party ultra vires corporate guarantees in China, which account for the majority of corporate guarantee cases and continue to grow despite legislative and judiciary deterrence efforts.展开更多
文摘The scope and depth of the media create a'symbolic pressure environment'that holds important influence. The media voice is usually interpreted wrongfully as a representation of public opinion. This kind of voice provides the legislative department enough incentive to start a legislative process that follows media's lead. From the perspective of lawmaking organs,such behavior is a response to public attitudes. The above voice and response pattern forms pressure predominant legislation based on media information. However,the information delivered by the medium is limited by time,passion and even extreme group prejudice,which is always short on calm and objective judgment. The law and regulations passed by such pressure guided processes cannot fulfill the requirement of observation and examination that comes from judicial practice. This also blurs the functional differences between the law and other social orders. The restructure of the legislative regime should focus on decision-making and the choice of a skill-model,in order to recreate the democratic and scientific standard of lawmaking.
文摘The essence of open banking is the information sharing between commercial banks and other financial institutions as well as third-party platforms.While promoting the sharing and utilization of information,there are also potential threats to the information security of financial consumers.Therefore,under the mode of open banking,the information security protection of financial consumers should be emphasized.Legislative departments and financial regulators should establish the concepts of giving priority to information security,giving preferential protection to financial consumers.Financial consumers should be given the right to control personal related information,the security obligations of financial institutions should be clarified,and the behavior of operators to obtain and process financial consumers’information should be regulated through legislation,so as to balance the conflict between information sharing and information security.
文摘I. INTRODUCTION The US Supreme Court Justice Oliver Wendell Holmes once said,‘Pretty much all law consists in forbidding men to do something that they want to do’. Such is the case with laws regulating related party ultra vires corporate guarantees in China, which account for the majority of corporate guarantee cases and continue to grow despite legislative and judiciary deterrence efforts.
