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。     

Industry risk transmission channels and the spillover effects of specific determinants in China’s stock market: A spatial econometrics approach

This paper uses a spatial econometrics approach to study the industry risks in China’s stock market. We comprehensively consider the real linkage and information risk transmission channels and analyze the risk spillovers of specific determinants. Our empirical results show the following: 1) The real linkage channel and information channel are both effective transmission channels for driving spillover effects, and the information channel is of the utmost importance. 2) The spillover effects of specific determinants exist and are persistent. The superposition of spillover effects may lead to extreme risk. 3) The transmission channels and spillover effects are asymmetric in different regimes.     

Performance evaluation of China's high-tech innovation process: Analysis based on the innovation value chain

The Chinese high-tech industry has developed greatly since the beginning of China's “National High-tech R&D (863) Program” and “China Torch Program”. This paper introduces a conceptual model extended from the innovation value chain model to simultaneously estimate the R&D and commercialization efficiencies for the high-tech industries of 29 provincial-level regions in China. To match reality, a network DEA incorporating both shared inputs and additional intermediate inputs is constructed to open the “black box” view of decision making units used in single-stage DEA. This study is the first attempt to link the R&D and commercialization with a solid theoretical foundation and feasible mathematical methods. The empirical findings show that most of the 29 regions have low efficiency in the commercialization sub-process compared to the R&D sub-process, although there are regional differences in China's high-tech industry. Pearson correlation shows that the R&D sub-process is not closely correlated to the commercialization sub-process in terms of efficiency. Our analysis can provide information for the formulation of policies to achieve high innovation efficiency.     

Persistence of Price–Cost Margin and Technical Efficiency in the Indonesian Food and Beverage Industry

Abstract

This research investigates the persistence of price–cost margin (PCM) and technical efficiency (TE) of firms and the relation between these two factors in 44 subsectors of the Indonesian food and beverage industry in the period 1980–2014. Data envelopment analysis with a bootstrapping approach is applied to estimate TE. An autoregressive model, accounting for endogeneity, is applied to estimate the persistence coefficients of PCM and TE. A cross-sectional regression model is also applied to estimate the relation between the persistence of the PCM and the persistence of TE. The results show that for these food and beverage firms, high PCM and low TE persist. Furthermore, the persistence of PCM negatively affects the persistence of TE in the industry.     

Models of static and dynamic technical efficiency of municipal libraries in the Czech Republic

This article deals with the modelling of the static and dynamic technical efficiency under conditions of municipal libraries of municipalities with 1000–5000 inhabitants. The aim of this article is to determine the level of the technical efficiency and the factors that influence the results of modelling of the static and dynamic technical efficiency of 34 selected municipal libraries for the years of 2011 and 2015. The first model tests the technical efficiency of conventional services of public libraries. The second model tests the technical efficiency of municipal libraries’ operation. The third model tests the technical efficiency of the key revenues and expenditures. The results in the static models estimate the average technical efficiency of municipal libraries in the interval (0.691–0.759) for the input-oriented models, and in the interval (1.413–2.005) for the output-oriented models. In the dynamic models, the majority of municipal libraries in 2015 showed lower technical efficiency and productivity in comparison with the year of 2011. The factors influencing the level of efficiency and its course include the inputs and the outputs, and their combinations within individual models.     

Labor market analysis through transformations and robust multivariate models

The work presents a robust approach to labor share analysis. The estimate of labor share presents various complexities related to the nature of the data sets to be analyzed. Typically, labor share is evaluated by using discriminant analysis and linear or generalized linear models, that do not take into account the presence of possible outliers. Moreover, the variables to be considered are often characterized by a high dimensional structure. The proposed approach has the objective of improving the estimation of the model using robust multivariate regression techniques and data transformation.     

Diagnosing a healthcare cybersecurity crisis: The impact of IoMT advancements and 5G

Internet of Medical Things (IoMT) technology remains in early stages of adoption, but advancements and breakthroughs are quickly moving this process forward. There is a critical need for cybersecurity to be a priority in the development of these new tools, alongside design and utility. Given the rapid pace and potential magnitude of the coming advancements in IoMT, if privacy and security risks are neglected, a significant crisis could emerge in the form of more frequent cybersecurity breaches. This article examines the market opportunities and risks associated with IoMT and outlines a plan for proactively mitigating concerns and providing a platform to foster growth, to modify attitudes and behaviors, and to continue to build consumer confidence in the overall health system without sacrificing security.     

Characteristics and implications of Chinese macroeconomic data revisions

The research examining macroeconomic data for developed economies suggests that an understanding of the nature of data revisions is important both for the production of accurate macroeconomic forecasts and for forecast evaluation. This paper focuses on Chinese data, for which there has been substantial debate about data quality for some time. The key finding in this paper is that, while it is true that the Chinese macroeconomic data revisions are not well-behaved, they are not very different from similarly-timed U.S. macroeconomic data revisions. The positive bias in Chinese real GDP revisions is a result of the fast-growing service sector, which is notably hard to measure in real time. A better understanding of the revisions process is particularly helpful for studies of the forecast errors from surveys of forecasters, where the choice of the vintage for outcomes may have an impact on the estimated forecast errors.     

Market reactions to ECB policy innovations: A cross-country analysis

Regulators have been paying increasing attention to governing and steering market fluctuations, with their role in shaping the economic cycle being ever more crucial. The combined effect of the financial and sovereign debt crises, as well as the approach to the zero lower bound, has made actions even more pressing, forcing the European Central Bank to resort to unconventional instruments to revive the economies and counter deflationary pressures. By using a combined event study and panel regression methodology, we investigate whether European Monetary Union equity markets react heterogeneously to standard and non-standard European Central Bank policy innovations. Our results show that conventional policies unevenly affect financial indices in the Eurozone and, hence, are bound to generate asymmetries that reflect on real economies, while unconventional measures, albeit with different intensities, exercise a homogeneous pressure on all markets. Our evidence highlights the beneficial impact of unconventional measures and suggests that they can play a useful role even in non-crisis times.     

“Data localization”: The internet in the balance

There is a steady global trend towards “Data Localization,” laws by which data is required to be maintained and processed within the geographic boundaries of its state of origin. This development has raised concerns about its possible adverse impacts on emerging data-intensive technologies such as Cloud services/E-commerce, Big Data, Artificial Intelligence and the Internet of Things (collectively, the Embedded Infosphere). The inability to reach an international agreement on rules for cross-border data flows may have significant adverse consequences for all future users of the Internet.The basis of Data Localization is grounded in two distinct but inter-related policy models: Data Sovereignty and Trans-Border Data Flows. These two concepts have different origins. “Data Sovereignty” is derived from the historic power of a state of absolute and exclusive control within its geographic borders. Policies behind TBDFs arose in Europe following World War II, primarily motivated by Nazi use of early proto-computers to help round up Jews and others. As they have evolved, TBDF policies have been directed primarily at protecting personal data and privacy.This article first examines the issues of: 1) “Information Sovereignty” and 2) TBDFs. It then describes the arguments for and against “Data Localization,” offers some examples of strong localization policies (Russia, China), and summarizes contesting policy proposals. It then contextualizes TBDF with issues of human rights (free flow of information) and privacy.While the utility of an international agreement on TBDFs is clear, the differences in approaches are tenacious. For the free-market developed world (e.g, EU, OECD), the path forward seems to lead through policy convergence to compatible rules, with differentiated levels of data protection and accountability. It is far from clear whether these rules will address, in a mandatory way, issues of the “free flow” of information in the human rights sense. At the same time, there are countries (e.g., BRICS), representing a majority of the world's population, in which political and cultural resistance will produce stringent Cyber Sovereignty and Data Localization policies with few if any human rights components.The article concludes that the more the Internet is “localized”, the more attenuated its benefits will become. The negative consequences of Data Localization will become increasingly obvious as new, data-intensive technologies become ubiquitous, creating a condition of “Data Dependence”. It is projected that in the future the nations with the least amount of Data Localization and the most open flow of information will be the most successful in benefiting from new data-intensive embedded, networked technologies. This will most likely be characterized by values adopted as policies and practices in the EU.