人工智能辅助地方立法的应用与规制

我国地方立法权随着2015年《立法法》的修改扩至所有设区的市，随之掀起地方立法热潮。但目前地方立法的质量普遍不高，存在诸多问题，人工智能技术的应用能为地方立法开辟新路径。基于互联网及大数据的人工智能，能被应用于资料检索、立项论证、立法公开与意见征集、辅助草案起草、立法后评估与备案审查。与此同时，当人工智能被应用于地方立法工作时，需要确立“辅助原则”，规范人工智能地方立法程序的选用标准，限制人工智能地方立法程序的算法，以此来规制人工智能带来的不利影响。     

Temperament,mothers' reactions to children's emotional experiences,and emotion understanding predicting adjustment in preschool children

It is expected that both children and their parents contribute to children's development of emotion knowledge and adjustment. Bidirectional relations between child temperament (fear, frustration, executive control) and mothers' reactions to children's emotional experiences were examined to explore how these variables predict children's emotion understanding, social competence, and problem behaviors. Preschool‐aged children (N = 306) and their mothers were assessed across four‐time points. Children's temperament and mothers' non‐supportive reactions to children's emotional experiences were assessed when children were 36 and 45 months of age. Emotion understanding was assessed when the children were 54 months of age and teachers reported on children's problem behaviors and social competence when the children were 63 months of age. Covariates included family income, child cognitive ability, gender, and child adjustment at 36 months. Results from path analyses demonstrated that bidirectional relations between children's temperament and mothers' non‐supportive reactions were not significant. However, mother's non‐supportive reactions directly predicted fewer problem behaviors, and children's emotion understanding mediated the relation between children's executive control and their later social competence. As such, emotion understanding appears to be one mechanism through which executive control might impact social competence.     

为合法经营活动而侵犯公民个人信息的刑法规制

最高人民法院、最高人民检察院《关于办理侵犯公民个人信息刑事案件适用法律若干问题的解释》第六条对为合法经营活动而侵犯公民个人信息行为进行独立规制,是新型犯罪罪状表述抽象化与罪状解释具体化、信息时代信息价值多元化与危害行为多样化、现代社会犯罪治理精细化与刑法评价精准化的内在要求.为合法经营活动而侵犯公民个人信息行为相关规范要素中的“为合法经营活动”应理解为主观超过要素,“获利五万元”应作严格解释,“曾因侵犯公民个人信息”应作广义解释,“其他情节严重”应包括信息数量标准.     

Older sibling contribution to younger children's working memory and cognitive flexibility

We used structural equation modeling in the Early Childhood Longitudinal Study—Kindergarten Cohort (N = 17,020) to explore the influence of having an older sibling on kindergarten‐age focal children's cognitive self‐regulation. In model 1, we tested how having a sibling who is generally older than the focal child contributes to the focal child's working memory (WM) and cognitive flexibility (CF) upon entering kindergarten. In model 2, we assessed the contribution to the focal child's kindergarten WM and CF of having an older sibling in a non‐proximal age range (age 12–18) or not having siblings relative to having an older sibling in a proximal age range to the focal child (up to age 11). In model 3, we considered the contribution of having an older sister, an older brother, or both an older sister and an older brother of any age. Having an older sibling in general was associated with increased kindergarten WM, whereas having an older sister was related to increased WM and CF. Compared to having a proximal older sibling, having no siblings and having a non‐proximal older sibling were related to decreased WM and CF. Findings have implications for involving siblings in family interventions in early childhood.     

Media Exposure to Terrorism and Perception of Immigrants as a Threat: The Role of Emotional Intelligence and Psychophysiological Self-Regulation

To better understand how media exposure to terrorism-related images can lead to perceiving immigrants as more threatening, in the present study we manipulated participants’ exposure to media coverage of terrorist attacks and investigated how this may influence people's perception of Arab immigrants. Considering the important role of regulatory abilities when facing stressful events like terrorist attacks, we measured individual differences in both trait emotional intelligence and resting heart rate variability (HRV). Results showed that participants perceived Arab immigrants as more threatening in the media exposure condition than in the control condition. Importantly, there were moderating effects of both trait emotional intelligence and HRV. People with lower trait emotional intelligence or lower HRV at rest felt more threatened in the media exposure condition compared to the control condition, whereas this effect was not observed among participants with higher trait emotional intelligence or higher resting HRV. The present study highlights some of the complexities related to how media exposure to terrorism-related images influences people's reactions to, and evaluations of, an outgroup that is related to the perpetrators of the attacks.     

大数据背景下个人信息处理行为的法律规制——以个人信息处理行为的双重外部性为分析视角

大数据背景下个人信息处理行为既引发数据安全风险等负外部性，也会带来分享经济价值实现等正外部性，"大数据悖论"现象揭示了双重外部性成因。基于"外部性内在化"原理赋予信息主体以个人信息权并赋予数据控制者以大数据财产权虽有助分别规制其双重外部性，但网络大数据背景下其双重外部性规制彼此交互影响而面临两难困境。法经济学关于"损害之相互性"理论证立了基于"风险导向理念"规制个人信息处理以破解其两难困境的经济逻辑。大数据产业发展有赖个人信息处理的"外部性外部化"而实现分享经济。法经济学关于"公地喜剧"理论证立了基于"外部性外部化"规制个人信息处理而满足大数据产业发展需要的经济逻辑。大数据背景下个人信息处理的规制有赖从"压制型法"到兼及"回应型法"的理念转换，从"外部性内在化"兼及"外部性外部化"的机制并举，从数据资源权利配置兼及数字技术权力干预的措施协同，实现大数据产业创新与个人信息安全的有机平衡。     

Transdiagnostic mechanisms involved in nonsuicidal self-injury,risky drinking and disordered eating: Impulsivity,emotion regulation and alexithymia

Abstract

Objective: The aim of the present study was to explore common and differential relationships between nonsuicidal self-injury (NSSI), risky drinking, and disordered eating attitudes and impulsivity, emotion dysregulation, and alexithymia. Methods: We investigated these associations in a sample of 951 college students (79.4% female, Mage = 21.86?years) by means of self-report questionnaires assessing the constructs of interest. Results: Overall, 28% of the students reported a history of NSSI, one third engaged in risky drinking, and less than 5% reported disordered eating symptoms. Negative urgency and difficulties in emotion regulation were both related to each of the three behaviors and can be considered as common transdiagnostic mechanisms. Conclusions: We discuss the implications of transdiagnostic mechanisms involved in these three dysregulated behaviors with respect to their assessment and treatment in college counseling settings.     

Freedom of association in the Bangladeshi garment industry: A policy schizophrenia in labour regulation

The right to freedom of association is fundamental for the establishment of labour unionism as an institution. While the Government of Bangladesh requires enabling legal provisions for unionization in its garment industry, regulation to ensure the right to freedom of association has proved ineffective in upholding labour unionism. This article highlights the need for legislation capable of drawing on the complementary skills and resources of the Government, factory owners, labour unions and global brands to secure a sustained commitment and contribution towards the socio-economic and political dimensions of labour relations in Bangladesh's ready-made garment industry.     

Regulation and the future of work: The employment relationship as an innovation facilitator

Digital transformation and the reorganization of the firm have given rise to new forms of work that diverge significantly from the standard employment relationship. Advocates of digital disruption suggest that the existing legal framework cannot accommodate “innovative” working templates and business models. This article, however, argues that labour regulation can continue to facilitate innovation, presenting the employment relationship as a flexible instrument, and standard forms of employment as the means of achieving efficiencies and cost advantages. First, they allow for the full exercise of managerial prerogative and attendant internal flexibility in workforce deployment, and, second, they constitute an effective device to deliver training and develop skills.     

ISO 45001 and controversial transnational private regulation for occupational health and safety

This article analyses the genesis of the ISO 45001 standard on occupational health and safety, a new initiative of transnational private regulation. The authors draw a picture of controversy from interviews with stakeholders involved in its design, approval and initial dissemination, and from a qualitative content analysis of the internal documentation of the committee responsible for its approval. Like its predecessors relating to environmental management – ISO 14001 – and corporate social responsibility – ISO 26000 – this new standard raises serious concerns among stakeholders given that it deals with substantive political, social and legal issues.