论委托人及其在信托关系中的法律地位

委托人是信托关系的设立者,是重要的信托当事人之一。关于委托人的概念及其在信托关系中的法律地位,各国法律有不同的规定,各国学者也有不同主张。笔者认为,在我国信托法中,委托人是指基于对受托人的信任将自己的财产权委托给受托人,形成信托财产,并要求受托人为受益人的利益或特定目的而管理、处分信托财产,自己仍然对管理和处分信托财产的行为享有约定或法定权利的信托当事人;委托人居于信托关系当事人地位,同时也是信托利害关系人。     

e-Voting intent: A comparison of young and elderly voters

The ability to vote online has the potential to increase voter turnout for elections due to increased convenience over traditional voting polls. This study examines factors that can affect a citizen's intent to vote online. Survey subjects came from two different age groups: young adults, 18–25 years of age; and senior citizens, ages 60 plus. Using the Unified Theory of Acceptance and Use of Technology (UTAUT), the study found that performance expectancy, effort expectancy, social influence, trust in the internet, and computer anxiety were significantly related to intent to use online voting. Trust in the government was insignificant. Performance expectancy, social influence, and computer anxiety were related to intent to vote online for both young adults and seniors. Effort expectancy was related to intent to vote for the seniors but not young adults, and trust in the internet was related to intent to vote for young adults but not seniors.     

一种新型P2P网络信任模型研究

本文提出了一种新的P2P网络信任模型——层次化分布域信任模型HDRTM。该模型基于历史交互信息和信誉推荐,采用量化方法和合成规则方法得到的信任度对P2P网络中的节点信任进行评估,同时引入了惩罚调节因子、合成规则权重因子等加强了信任度的可靠性与真实性。对HDRTM的仿真证明能够有效抵制恶意节点,具有较好的安全性与信任性。     

关于我国表决权信托制度的法律思考

表决权信托作为信托制度中的一种新的表现形式,对于保护中小股东的利益以及完善公司治理结构方面具有重大意义。本文主要通过对表决权信托概念的介绍,分析我国实施表决权信托制度的必要性以及立法完善。     

On‐line relational maintenance strategies and perceptions of partners within exclusively internet‐based and primarily internet‐based relationships

While relational maintenance has been found to be an important aspect of interpersonal relationships within the face‐to‐face world, the nature of relational maintenance among partners within computer‐mediated relationships is a relatively unexplored area. This study examined the use of maintenance strategies and perceptions of relational partners among (N = 178) undergraduate students within exclusively Internet‐based and primarily Internet‐based relationships. The findings indicated that positivity and openness were the most frequently used maintenance strategies. People who used positivity and on‐line activities had higher perceptions of attitude similarity than people using avoidance strategies, and people who used positivity and openness perceived their partner's quality of communication to be higher than those who used other strategies. People maintaining primarily Internet‐based relationships had higher relational communication and background similarity scores than people maintaining exclusively Internet‐based relationships. Finally, people maintaining exclusively Internet‐based relationships had different perceptions of on‐line friends and acquaintances based upon their frequency of on‐line interaction.     

农地信托流转模式法律制度的建构

信托型农地流转可以设计不涉及农户土地承包经营权流转而仅仅移转农地的占有权、使用权和收益权的信托模式,不存在农民失地的风险而有着制度上的优势,但有限制农地交换价值功能的缺陷,不利信托经营者利用农地融资。我国农地信托流转主要有土地信托机构模式与土地经营者受托二种模式。农地信托的核心法律制度有:信托合同法律制度、信托经营者资质管理制度、农地信托程序制度、农民信托权益保护制度与信托当事人法律责任制度。     

Trust and improvement in schools

This paper examines how trust affects teachers’ willingness to work with innovations introduced by central office administrators. Interview and focus group data collected over a three-year period in five schools are used to analyze the centrality of trust to teachers’ willingness to work with administrators to implement continuous improvement and quality management practices for their schools and classrooms. A qualitative data analysis software package was used to code interviews and focus groups for spontaneous comments that addressed trust. Two schools were characterized by high trust, and high willingness to change; high levels of distrust distinguished three others. This emphasis of the analysis is on the association of spontaneously expressed sentiments of trust or distrust and the association of those sentiments with willingness to participate in change initiated from outside the school building. Pre-existing patterns of relational and institutional trust will enhance or limit the ability of leaders to initiate large-scale change. More needs to be known about how to change coherently distrustful school settings in order for systemic change to occur.

公信力危机、网络技术控制、政治体制改革的交集——政府网络舆论危机探究

政府网络舆论危机是公共危机的一种,指网络公共舆论因某些突发事件而背离政府主导的价值取向和话语主流,官民信任破裂、互动僵化,导致政府公信力骤降的紧急态势。政府网络舆论危机根源于政府公信力的不断流失以及官民和谐关系的僵化变异,也是网络公共舆论汇聚、公众公民意识形成和社会转型时期社会治理问题暴露与偶发的结果。应对政府网络舆论危机,存在着四个层次的治理举措：第一层次是采用危机治理策略平息事态;第二层次是促进理性的网络政治参与,慎用网络技术控制;第三层次是修复和提升政府公信力,促进社会和谐;第四层次是推动政治体制改革,打造政治共识。     

‘Go somewhere,do something’. How students responded to the opportunity to complete an unstructured,five-day,wilderness solo in the Cantabrian Mountains,Northern Spain

This study explored the response of 28, second year undergraduate students to an innovative approach to a five-day solo. Periods of solitude are more likely to lead to positive outcomes when they are freely chosen than when they are programmed as part of a course. The extent to which a programmed solo can be ‘freely chosen’ by the individual is traditionally perceived as being constrained by logistic, safety and group needs. This study describes a solo, delivered as a required part of a core academic module, in which these perceived limitations were challenged. It describes an attempt to empower students to make their own choices about the nature of their solo experience and risk management. The study evaluates the extent to which individual students felt that they had freedom of choice; the choices they made and the outcomes of their solos. An intrinsic case study approach was used to explore the choices made by all students before, during and immediately after their solo as well as the more considered responses of 14 students eight months later. The data suggest that the pre-solo mindset was the most important factor in determining positive outcomes for participants and that offering students the opportunity to take responsibility for the structure of their own solo increased the likelihood that this would be achieved.     

Who do you trust? The digital destruction of shared situational awareness and the COVID-19 infodemic

Developments in centrally managed communications (e.g. Twitter, Facebook) and service (e.g. Uber, airbnb) platforms, search engines and data aggregation (e.g. Google) as well as data analytics and artificial intelligence, have created an era of digital disruption during the last decade. Individual user profiles are produced by platform providers to make money from tracking, predicting, exploiting and influencing their users’ decision preferences and behavior, while product and service providers transform their business models by targeting potential customers with more accuracy. There have been many social and economic benefits to this digital disruption, but it has also largely contributed to the digital destruction of mental model alignment and shared situational awareness through the propagation of mis-information i.e. reinforcement of dissonant mental models by recommender algorithms, bots and trusted individual platform users (influencers). To mitigate this process of digital destruction, new methods and approaches to the centralized management of these platforms are needed to build on and encourage trust in the actors that use them (and by association trust in their mental models). The global ‘infodemic’ resulting from the COVID-19 pandemic of 2020, highlights the current problem confronting the information system discipline and the urgency of finding workable solutions.