论数据权益的刑法保护——民刑交错视角下的法益保护论探讨

关于“数据权益的刑法保护”问题，在理论层面上，可从“刑法解释论”和“刑法立法论”两种路径进行探讨。“刑法解释论”探讨路径以现行《刑法》罪名体系为出发点，主要任务是揭示哪些罪名的犯罪构成之设置是以“数据权益”为规范保护目的；“刑法立法论”探讨路径是在刑法立法层面上探讨立法者为在刑法政策上实现数据权益的刑法保护这一目的，动用刑罚禁止何种行为类型才具正当性的问题。然而，两种探讨路径都将依赖于“数据权益”的内涵确定以及法益格的认定问题，换言之，是刑法法益理论在数据权益刑法保护问题上的具体运用。《民法典》第127条并非是关于数据的确权性规定，且在民法理论界关于数据权益的法律属性存在诸多争议的状况下，“数据权益”内涵不明、法律属性不清导致其并不具备作为刑法保护客体的“法益”格。当前刑法理论界存在的关于“数据权益”的刑法类法益保护模式探讨路径，是对刑法法益保护方式的误读，并未触及“数据权益刑法保护”之规范层面问题的实质。“数据安全”法益观的探讨路径则不仅混淆了现象层面与规范层面上的“数据犯罪”概念的界分，也由于没有论证“数据安全”如何能够构成刑法的保护法益，而导致结论过于武断。在理论探讨上，应该明确作为行为客体的物理层面上的“数据”概念与作为保护客体的法益层面上的“数据权益”概念之间的区别，据此明确“数据权益的刑法保护”在规范层面上是否构成新问题。     

The impact on stock prices of deferral and elimination of internal control audit requirement for small firms

This paper examines the cumulative market reaction to the events related to deferral of internal control audit requirement under the Sarbanes-Oxley Act of 2002 and its elimination under the Dodd-Frank Act of 2010 for nonaccelerated filers (small firms). We document that small firms experienced negative cumulative abnormal returns around these events; and the differences between the cumulative abnormal returns for small firms and the two control groups (accelerated and large accelerated filers) were negative and significant at the 1% level. These results support the notion that market participants value the reliability of financial information irrespective of the firm size. Within the small firms, we find no firm characteristic significantly explains the market reaction to the events considered. That is, all small firms lost market value in reaction to the events that delayed and eliminated their internal control audit requirement.     

社保基金持股与企业盈余质量:A股上市公司的证据

本文利用中国A股上市公司2006-2015年的数据,研究社保基金持股对上市公司盈余质量的影响。我们用上市公司财务重述作为测度盈余质量的指标,发现社保基金持股能够显著降低企业发布财务重述的概率,这表明社保基金对上市公司盈余质量的提高具有促进作用。并且,社保基金的这一治理作用在国有企业、内部治理水平较差以及市场化程度较低地区的上市公司中更加显著。通过双重差分模型和安慰剂检验等方法弱化了内生性问题之后,以上结论依然成立,说明社保基金持股和盈余质量提升之间存在因果关系,我们称之为社保基金的公司治理作用。进一步研究发现,社保基金可以通过抑制控股股东资金占用、增加机构调研次数等途径提升被持股公司的盈余质量。本文有助于认识和评估社保基金持股对于上市公司的监督与治理作用。     

Predicting housing prices in China based on modified Holt's exponential smoothing incorporating whale optimization algorithm

The forecast of the real estate market is an important part of studying the Chinese economic market. Most existing methods have strict requirements on input variables and are complex in parameter estimation. To obtain better prediction results, a modified Holt's exponential smoothing (MHES) method was proposed to predict the housing price by using historical data. Unlike the traditional exponential smoothing models, MHES sets different weights on historical data and the smoothing parameters depend on the sample size. Meanwhile, the proposed MHES incorporates the whale optimization algorithm (WOA) to obtain the optimal parameters. Housing price data from Kunming, Changchun, Xuzhou and Handan were used to test the performance of the model. The housing prices results of four cities indicate that the proposed method has a smaller prediction error and shorter computation time than that of other traditional models. Therefore, WOA-MHES can be applied efficiently to housing price forecasting and can be a reliable tool for market investors and policy makers.     

The role of economic structural factors in determining pandemic mortality rates: Evidence from the COVID-19 outbreak in France

Among the majority of research on individual factors leading to coronavirus mortality, age has been identified as a dominant factor. Health and other individual factors including gender, comorbidity, ethnicity and obesity have also been identified by other studies. In contrast, we examine the role of economic structural factors on COVID-19 mortality rates. Particularly, focusing on a densely populated region of France, we document evidence that higher economic “precariousness indicators” such as unemployment and poverty rates, lack of formal education and housing are important factors in determining COVID-19 mortality rates. Our study will help inform policy makers regarding the role of economic factors in managing pandemics.     

The impact of shareholders and creditors rights on IPO performance: An international study

This paper examines the impact of cross-country variation in shareholders' and debt holders' rights on post-IPO performance and survival of newly listed stocks across the globe. Using a sample of 10,490 initial public offerings (IPOs) in 40 countries between 2000 and 2013, we find that post-IPO performance and survival is better in countries with stronger shareholder protection, but the impact of creditor protection is negative i.e. stronger creditor protection leads to poor post-IPO performance and survival. This effect is driven by rules requiring creditors’ consent for company reorganization and the mandatory replacement of incumbent managers. Reputable IPO advisors exacerbate the positive impact of shareholder rights and the negative impact of creditor rights.     

消费者需求受食品质量与安全影响的讨论分析

近年来,国内经济发展迅速,人们生活水平也得到很大提升,使得人们越来越重视安全,而食品是人们生活中的基本物质保障,是人们生活的必需品,所以食品的质量与安全问题是当下最热门的话题之一。当前消费者的需求会受食品质量与安全的影响,频发的食品质量与安全问题让人们愈发重视食品质量与安全,消费者的需求渐渐发生变化。基于此,本文展开了关于食品质量与安全对消费者需求的影响的研究。     

Time-varying inter-urban housing price spillovers in China: Causes and consequences

The spatial spillovers of housing prices across regions are well documented by a large body of previous studies. This paper tries to investigate the dynamic (time-varying) evolution of spatial interactions and their underlying driving factors intensively. Using a recently developed Generalized Autoregressive Score (GAS) model, this paper examines the time-varying spatial spillovers of housing prices in 70 major and median cities of China from 2006 to 2019. We find that the GAS model can well capture the impact of time-varying critical events of Chinese real estate market on the whole. However, different regions display heterogeneous variation patterns over time. Further investigation shows that inter-regional labor mobility and trades are two major channels, accounting for 1.25% and 2.58% of the monthly standard deviations of spatial spillover effects from one city to another, respectively. We also characterize and distinguish between three time-varying patterns of spatial spillovers within different regions of China. Our results shed lights on the understanding of spatial spillovers across regional real estate markets across different city network structures within China.     

A social-media-based approach to assessing the effectiveness of equitable housing policy in mitigating education accessibility induced social inequalities in Shanghai,China

Social inequalities induced by education accessibility are widespread and concern land use policy makers globally. Yet much of existing research heavily emphasizes on uncovering the spatial patterns of housing price in relation to education resources. This paper aims to renew our understanding of this classical topic by bringing the importance of temporal and institutional dynamics to the fore. Specifically, this research presents a detailed examination of the relationship between school quality and housing rental dynamics under the intervention of equitable housing policy, with special reference to Shanghai, the most developed megacity in China, also one of the first Chinese cities granting equal rights for renters to access schools within the catchment area. Based on time-series housing rental data collected from social media, the t-test discovers that school quality has a significant impact on housing rental prices after the introduction of this new housing policy. Moreover, housing rental prices within high-quality school districts are significantly higher than those within ordinary school districts. The hedonic model and variance partitioning further confirm that school quality is capitalized into housing rental prices, and its relative contribution varies with temporal periods. More specifically, how the relative contribution of school quality changes over time is consistent with the schedule of primary school enrollment and sensitive to policy intervention. The difference in difference model foregrounds that the equitable housing policy does result in rental prices hike in high-quality school districts, i.e., a 13.5 % rental premium of housings within high-quality school districts compared with those within ordinary ones. We conclude that the equitable housing policy fails to achieve the expected goal and propose alternative suggestions for mitigating social inequalities in education accessibility. This study demonstrates a novel methodological framework for evaluating the social consequence of equitable housing policy based on social media data. It unravels how housing rental changes with school district division and the capitalization effect of school quality in housing rental prices.