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。     

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.     

Construction of a service quality scale for the online food delivery industry

The main purpose of this study is based on qualitative and quantitative research procedures, and integrates the key service factors for the online food delivery (OFD) industry extracted by Internet Big Data Analytics (IBDA) to construct a OFD service quality scale (OFD-SERV). This study takes OFD customers in Taipei City as the objects. The results show that 20 key service factors for the OFD industry are extracted through IBDA. The OFD-SERV scale contains six dimensions including reliability, maintenance of meal quality and hygiene, assurance, security, system operation and traceability, a total of 28 items. The results from the structural equation modeling showed that the reliability, assurance and system operation have a positive impact on customer satisfaction. Finally, the findings provide knowledge and inspiration for the current OFD, and enable OFD operators and future researchers to more accurately identify the deficiency of service quality.     

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.     

Consumer Brand Hate: Steam rolling whatever I see

This study aims to investigate negative consumer‐brand relationships by developing a “Brand Hate” concept. A hierarchical Brand Hate model is theoretically discussed in light of the psychology and consumer behavior literatures. In Study‐I the Brand Hate concept was tested with two different types of consumer brand haters, true haters, and regular haters. The study found that in the study's proposed multidimensional Brand Hate hierarchy true haters display “Boiling Brand Hate” while regular haters reveal “Seething Brand Hate.” Two additional studies were developed to examine the relationship between consumer personality traits and Brand Hate, exploring which types of consumers are more prone to feel hatred toward targeted brands. Study‐II's findings revealed a relationship between consumers who are high in personality traits of “conscientiousness” and those who Brand Hate. Study‐III's findings indicated that “self‐confident” and “competitive” consumers might also be more prone to feel hatred toward those brands that perform poorly and unethically.     

Localism and the Big Society: the asset transfer of leisure centres and libraries – fighting closures or empowering communities?

This paper critically examines the ‘asset transfer’ of leisure services from the public to the voluntary sector. Asset transfer might be theorised as ‘austerity localism’, in which volunteers are obliged to fill the gaps left by retreating public provision, or as ‘progressive localism’, which represents new opportunities through the localism and Big Society agendas to develop more locally responsive, cooperative and mutualist visions. In this way, asset transfer might overcome the limitations of the United Kingdom policies in which ‘Big Government’ is replaced by civic society. Drawing on qualitative interviews with key personnel (volunteers, managers and local authority officers) at 12 leisure facilities, a grounded assessment of the nuanced balance between ‘austerity localism’ and ‘progressive localism’ is provided, including three observations. First, the main impetus for transfer was cuts in local authority budgets which stimulated the emergence of local groups of volunteers. Secondly, the transfers themselves required interaction between local government and the volunteer groups; however, the nature of the relationship and support given varied and support was limited by austerity measures. Thirdly, volunteers do not automatically fill a gap left by the state: without support transfer viability relies on the financial and social capital among volunteer groups, and this is unevenly distributed. These findings suggest that the capacity for a ‘progressive localism’ to emerge through asset transfer is limited. However, where transfer has occurred, there are some progressive benefits of volunteer empowerment and a more flexible service.