The theme of my diploma thesis is a comparison of the Czech pension system with pension systems of chosen European Union countries. I focus also on planned changes and a further development in the Czech pension system and in chosen states. For the comparison I chose four states ? the Slovak Republic, Poland, Germany and the Great Britain. I chose the Slovak Republic, Poland and Germany because these are states with the pension systems similar to the Czech Republic. On the contrary I selected the Great Britain because its system is very different. The aim of this thesis was to compare pension systems in chosen European Union countries: the Czech Republic, the Slovak Republic, Poland, Germany and the Great Britain and to map their further development. The thesis was processed theoretically and it is focused only on the pension that secures a man in the retirement age. The introduction outlines a demographic development, which is one of the factors why there are changes in individual systems. Furthermore, in this thesis there are characterized pension systems of the chosen states. There are mentioned conditions for a participation in the pension schemes, types of retirement pensions and conditions for an entitlement to a pension payment. To outline the development of individual systems, I tried, in the second part of the thesis, to briefly describe pension reforms and current changes that occurred. In all countries a necessary condition for an entitlement to pension payments is to pay a social security insurance that is why I compared amounts of the insurances in individual states, which I further took into account in a discussion. I always compared the Czech Republic with the other states in the discussion. I focused on the comparison of the retirement age, years of the insurance required for the entitlement for the retirement pension, current changes and especially an opt-out system in the Czech Republic which is planned for the next year. I tried to compare the conditions that were during the implementation of this system established in other states and which are planned in this country. I believe that the thesis can be used by a professional and lay public for a better orientation in the legislation of pension systems of the chosen states.

The thesis is concerned with optimal retirement pension planning in the framework of the Czech pension system. The work proposes an unavoidable reform in order to compensate for adverse demographic trends. Subsequently, it introduces mathematical methods for future old-age pension determination in private pensions. Equally, the thesis deals with optimal pension strategies: when the benefits of individual old-age insurance outgrow those of institutionalised pension insurance and vice versa. A particular aspect of the reform where participants can partially opt out from the compulsory pillar and become part of the new system is discussed with emphasis on the opt-out accompanying factors.

In the context of the Internet, spam generally refers to unsolicited and unwanted electronic messages, usually transmitted to a large number of recipients. The problem with spam is that almost all of the related costs are shifted onto the recipients, and many of the messages contain objectionable content. Spam has become a significant problem for network administrators, businesses and individual Internet users that threatens to undermine the usefulness of e-mail. Globally, spam spiralled to account for over 60% of all e-mail near the end of 2004. It is a problem that costs the global economy billions of dollars a year in lost productivity, anti-spam measures and computer resources. It has forced governments to enact legislation against the problem and it has prompted the development of numerous technical countermeasures. Spam can only be defeated by a combination of legal measures, informal measures (including self regulation and social norms), technical measures and consumer education. Because spam is a relatively recent and evolving problem, the application of various common law mechanisms are explored, including the law of privacy and the law of nuisance. Various constitutional concerns may also arise in the context of spam, and the right to freedom of expression must be balanced against other competing rights and values, including the right to privacy. Comparative legislation is examined, because it is important to recognise trends in spam legislation in other jurisdictions so as to ensure a measure of interoperability with those laws. The practical difficulties in identifying spammers, and the lack of jurisdiction over offshore offenders affect the practical implementation of the current protection offered by the ECT Act. In conclusion, this thesis identifies the need for direct anti-spam legislation in South Africa, and suggests various clauses that will need to be catered for in the legislation. It is submitted that "opt-in" legislation should be preferred over "opt-out" legislation. It is further submitted that a definition of spam should be based on the volume and indiscriminate nature of the e-mail, and not only on whether the communication was commercial. Therefore, a definition of bulk unsolicited e-mail is proposed. / Criminal & Procedural Law / LLD

隨著網路科技的發展，網路垃圾郵件的總量亦隨之快速成長，成為全球網路使用者的共同夢魘。目前大多數的國家均有以立法方式作為管制依據。然而，就憲法人權保障的觀點而言，相關立法是否能合於憲法原理原則的檢視？是否已逾越其界線？仍有待進一步商榷。 是以，本文分別從「比較法論」以及「人權保障論」二大部分出發。一方面藉著比較觀察各國立法，並作為我國立法參考借鏡；另一方面則從憲法的觀點，特別是基本權利的保障出發，分別從商業言論自由的觀點、秘密通訊自由的觀點與隱私權的觀點探討。就商業言論自由的觀點而言，將首先探究商業言論自由的意涵與憲法上的發展比較，再分別就美國法制與我國法制探討相關濫發商業電子郵件法制是否對於發信者的商業言論自由形成過度的限制。就秘密通訊自由的觀點而言，除了將說明秘密通訊自由在通訊服務自由化的時代，在憲法上具有的時代意義之外，亦將討論濫發商業電子郵件法制當中可能涉及干涉人民秘密通訊自由的制度與通訊服務提供業者攔截阻擋商業電子郵件的手法對秘密通訊自由的影響，另並試就我國立法參考最多的日本法制進行比較與分析。就隱私權的觀點而言，除了說明隱私權在憲法上的意義外，將討論重心置於在濫發商業電子郵件的行為對於收信者隱私權侵害的態樣，是否已能藉由現行的法制找到保障依據，另外則是討論我國濫發商業電子郵件法制對於隱私權的保障是否充分；最後則是嘗試就論者提出的商業電子郵件法制規範對於發信者的「網路匿名」侵害的見解，進行評論。 最後則提出結論，說明研究發現以及對我國規範之建議與未來展望。

Submitted by Luis Felipe Lopes Martins (lopesmartins.luis@gmail.com) on 2016-01-29T21:26:38Z No. of bitstreams: 1 Regulação da Prev. Compl. Fechada sob a Perspeciva da Econ.pdf: 1574022 bytes, checksum: 838f7519247a9eb766f1fd72df335260 (MD5) / Rejected by BRUNA BARROS (bruna.barros@fgv.br), reason: Favor submeter novamente, pois faltou a ficha catalográfica. on 2016-02-11T17:32:48Z (GMT) / Submitted by Luis Felipe Lopes Martins (lopesmartins.luis@gmail.com) on 2016-02-11T17:50:59Z No. of bitstreams: 1 Regulação da Prev. Compl. Fechada sob a Perspeciva da Econ. Comportamental - Luis Lopes Martins.pdf: 1600447 bytes, checksum: bda49ea57d8454add667b598daa8a61b (MD5) / Approved for entry into archive by BRUNA BARROS (bruna.barros@fgv.br) on 2016-02-16T17:20:53Z (GMT) No. of bitstreams: 1 Regulação da Prev. Compl. Fechada sob a Perspeciva da Econ. Comportamental - Luis Lopes Martins.pdf: 1600447 bytes, checksum: bda49ea57d8454add667b598daa8a61b (MD5) / Approved for entry into archive by Maria Almeida (maria.socorro@fgv.br) on 2016-02-16T18:58:50Z (GMT) No. of bitstreams: 1 Regulação da Prev. Compl. Fechada sob a Perspeciva da Econ. Comportamental - Luis Lopes Martins.pdf: 1600447 bytes, checksum: bda49ea57d8454add667b598daa8a61b (MD5) / Made available in DSpace on 2016-02-16T18:59:01Z (GMT). No. of bitstreams: 1 Regulação da Prev. Compl. Fechada sob a Perspeciva da Econ. Comportamental - Luis Lopes Martins.pdf: 1600447 bytes, checksum: bda49ea57d8454add667b598daa8a61b (MD5) Previous issue date: 2015-12-15 / The present dissertation looks into the use of measures as the automatic enrolment in the pension funds regulation from the perspective of the loosening of the concept of rationality, based on the Law and Behavional Economics. The work is initiated by the historical evolution of Brazilian pension funds’ regulations. It analyzes the systemic impacts created by changes to the pension pillars, particularly to the first one (public pension). In view of these changes and the increasing relevance of the second pillar (occupational pension) to ensure the welfare, this dissertation aims to analyze the possibility of occurrence of cognitive biases in complementary pensions-related decisions. Those cognitive biases can lead individuals to choose options that do not maximize their welfare, for reasons such as inertia, procrastination and optimism, unlike the predicted by the rationality assumption of the neoclassical economic theory. The outcomes analyzed indicate the necessity of regulatory measures to mitigate these cognitive biases, which should be mainly the adoption of a choice arquitecture that can induce the welfare maximization, without limit the individual freedom of choice. Those measures, however, specially the automatic enrollment, are intended to alleviate the cognitive biases, being censurable its adoption in pension plans with predominance of other reasons to the low levels of enrollment, as distrust in the fund administration. Moreover, is needed to respect certain criteria in the automatic enrollment implementation, in order to ensure that this instrument is used only when cognitive biases that reduce the welfare are observed, as well that the option that people are being nudged to is a gainful option, at least most of the times. At end, it is verified the legality of these measures using the standard of proportionality, which allows to identify the limits to the regulatory intensity. / A presente dissertação investiga a utilização de medidas como a adesão automática pela regulação da previdência complementar fechada a partir da flexibilização do conceito de racionalidade, tendo como base a Análise Econômica e Comportamental do Direito. Inicia-se o trabalho pela evolução histórica da regulação da previdência no Brasil, avaliando os impactos sistêmicos das alterações ocorridas no primeiro pilar previdenciário (regimes básicos). Em virtude dessas alterações e do crescimento da relevância do segundo pilar de previdência social (Previdência Complementar Fechada) para a manutenção do bem-estar, analisa-se a possibilidade de ocorrência de vieses cognitivos que implicam desvios de racionalidade dos indivíduos nas decisões relativas à previdência complementar. Esses vieses cognitivos podem fazer com que indivíduos escolham alternativas que não maximizam seu bem-estar, por razões como inércia, procrastinação e superotimismo, ao contrário do que aponta o pressuposto de racionalidade da Economia Neoclássica. Os resultados analisados conduzem à necessidade de adoção de medidas regulatórias capazes de mitigar esses desvios de racionalidade, na forma de adoção de arquitetura de escolhas que induzam à maximização do bem-estar individual, sem limitar a liberdade individual dos envolvidos. Essas medidas, entretanto, especialmente a adesão automática aos planos de benefícios, destinam-se à mitigação de vieses cognitivos, sendo criticável sua adoção em planos de previdência onde observa-se predominância de outras razões para baixos níveis de adesão, como desconfiança em relação à gestão do plano. Ademais, faz-se necessário respeitar certos critérios para sua implementação, a fim de garantir que esse instrumento somente seja utilizado quando se observar vieses cognitivos que prejudiquem significativamente o bem-estar, bem como que a opção à qual os indivíduos estão sendo induzidos é vantajosa, ao menos na grande maioria das vezes. Ao final, verifica-se a juridicidade dessas medidas, à luz da proporcionalidade, norma que permite identificar os limites para a intensidade regulatória.

In the context of the Internet, spam generally refers to unsolicited and unwanted electronic messages, usually transmitted to a large number of recipients. The problem with spam is that almost all of the related costs are shifted onto the recipients, and many of the messages contain objectionable content. Spam has become a significant problem for network administrators, businesses and individual Internet users that threatens to undermine the usefulness of e-mail. Globally, spam spiralled to account for over 60% of all e-mail near the end of 2004. It is a problem that costs the global economy billions of dollars a year in lost productivity, anti-spam measures and computer resources. It has forced governments to enact legislation against the problem and it has prompted the development of numerous technical countermeasures. Spam can only be defeated by a combination of legal measures, informal measures (including self regulation and social norms), technical measures and consumer education. Because spam is a relatively recent and evolving problem, the application of various common law mechanisms are explored, including the law of privacy and the law of nuisance. Various constitutional concerns may also arise in the context of spam, and the right to freedom of expression must be balanced against other competing rights and values, including the right to privacy. Comparative legislation is examined, because it is important to recognise trends in spam legislation in other jurisdictions so as to ensure a measure of interoperability with those laws. The practical difficulties in identifying spammers, and the lack of jurisdiction over offshore offenders affect the practical implementation of the current protection offered by the ECT Act. In conclusion, this thesis identifies the need for direct anti-spam legislation in South Africa, and suggests various clauses that will need to be catered for in the legislation. It is submitted that "opt-in" legislation should be preferred over "opt-out" legislation. It is further submitted that a definition of spam should be based on the volume and indiscriminate nature of the e-mail, and not only on whether the communication was commercial. Therefore, a definition of bulk unsolicited e-mail is proposed. / Criminal and Procedural Law / LLD

當您看到此份研究計畫書時，五分鐘內可能您的e-mail郵箱已湧進二十封垃圾郵件（通稱SPAM）。據Ferris Research指出，社會花費在圍堵垃圾郵件的成本開銷上一年高達一百億美元。而根據聯合國國際電信聯盟（International Telecommunication Union，ITU)統計， Spam每年更浪費全球各國250億美元。這個驚人的數據傳達出一個訊息：對多數人而言－聽到「You've Got Mail!」，已經不再是令人愉悅的聲音了。Spamhaus的調查報告顯示 ，台灣及HINET一直是垃圾郵件主要輸出來源，過去AOL曾封鎖由HINET 寄送的郵件，一度造成台灣HINET使用者相當大的困擾。隨著數位匯流（Digital Convergence）時代的來臨，除了Email Spam外，電話行銷、Mobile Spam、SMS簡訊SPAM及VoIP都是數位匯流時代下垃圾郵件客攻掠的戰場，而我國行政院所草擬之「濫發商業電子郵件管理條例」草案明文只規範垃圾「郵件」問題，而未及其它垃圾訊息，法律若未對此議題及早規範，可能草案還沒出立法院大門就已經被時代淘汰。 因此，本文欲針對數位時代下可能興起之垃圾訊息型態作全面性的檢討，以建構一更為完善的垃圾訊息法制已未雨綢繆。本文之研究方法如下： 第一，針對美國之垃圾訊息法制的內容與立法背景，進行比較法研究。台灣的濫發商業電子郵件管制條例草案，內容主要係參考美國法，但在若干立法例仍有所不同，例如於是否需要標示主旨欄（Subject Line Labeling）則有不同選擇。對此，筆者曾於在律師雜誌發表對美國聯邦貿易委員會（FTC）研究報告反對強制行銷業者寄送廣告信必需標示主旨欄的不同意見，且建議台灣的「濫發商業電子郵件管制條例」草案做相反規定 。此外，在處罰對象及門檻之設計亦大相逕庭，例如沒有刑罰規定。而在於規制主體上，我國草案的內容明文只限於垃圾『郵件』之規範，對於日益惡化的的新型態未經邀約的商業訊息，像是透過無線傳輸設備或是行動設備所接收的未經邀約之商業訊息等，草案並無法可管。因此，本文並將針對垃圾電子郵件以外的其它新興垃圾訊息法制進行說明與分析，以供未來立法及執法的參考。 再者，本文將藉由國內外的實務案例研究了解法律實際操作情況。因為台灣法律目尚前無法處理垃圾郵件這個新興法律問題，導致檢察官無法可用，之後通過草案亦可能會面臨到法律不足的問題，因此實有必要針對實際案例操作深入了解。 第三，本文擬就我國之「濫發商業電子郵件管理條例草案」內容進行通盤檢討，提出更符合數位匯流時代之法制架構，以更有效防堵垃圾訊息。美國史丹佛教授Dr. Dan Boneh在「the Difficulties of Tracing Spam Email」 一文中提及垃圾郵件客技術日新月異，防不勝防。可預見SPAM這個議題將隨著科技演進而日益嚴重。隨著數位匯流（Digital Convergence）時代的來臨，除了垃圾郵件外，電話行銷、行動簡訊（Mobile Spam）、簡短訊息服務SMS 及網路語音（Voice over Internet Protocal）、多媒體圖片訊息（MMS）都是數位匯流時代下垃圾郵件客攻掠的戰場，實有必要針對此些新興類型之Spam進行防範。 / Within the five minutes it takes for you to read this essay, your e-mail box may have already received 20 spam mails. Ferris Research has pointed out that the costs incurred to society in blocking spam has reached US$10 billion per year. And according to International Telecommunication Union (ITU), the annual global cost of spam is US$2.5 billion. These startling figures convey a bit of information: for most people, the message “You’ve got mail!” is no longer welcome.. Based on a survey conducted by Spamhaus, Taiwan is a leading source of spam messages. AOL once blocked all e-mail messages coming from Hinet, which at one blow caused huge difficulties for Taiwanese Internet users. With the coming of the Digital Convergence era, besides e-mail spam, new forms are emerging such as mobile spam, telemarketing calls, SMS messaging spam, and VoIP spam. The Digital Convergence era will provide all kinds of opportunities for spammers to attack. However, Taiwan’s draft Anti-UCE Act addresses only e-mail spam. If the law does not address the broader issue early on, it may be outmoded even before it is passed. The US remains the main source of reference for Taiwan in the area of technology law. Long ago, before the US enacted the “Can-Spam Act,” there was “Shiksaa.” I would like to do in-depth research on American cyber and technology law so I can develop a suitable legal solution to Taiwan’s very serious UCE problem, to reduce the losses to society and to business productivity that are caused by spam, to eliminate Taiwan’s bad reputation for being a main spam exporter, and to spur e-commerce development. My research project would be as follows. 1. To examine the inner traits of various SPAM regulation and do interdisciplinary research 2. Deploy case-based and comparative law study to gather practical material 3. Combine the research results from technology and law to contribute to the ultimate resolution of SPAM.

The limited success of HIV-testing facilities in South Africa means that many people are not accessing necessary antiretroviral treatment services. This study investigates the practical implications of HIV exceptionalism inherent in Voluntary Counselling and Testing (VCT). A semi-structured interview schedule was used to survey participants for their perspectives on barriers to HIV-testing uptake as well as the effects of exceptionalist practices at VCT clinics. Responses showed marked perceptions of gender differences in people's willingness to test and several important barriers including problems of access to services. Significantly, exceptionalism displayed in certain clinic procedures was thought to contribute to stigma, and attempts to normalise HIV practice in order to combat the effects of stigma were being informally implemented. Participants' views on routine opt-out testing were explored. The researcher recommended further investigation on how HIV testing and treatment policies can be normalised so as to reduce stigma and increase testing uptake. / Social Work / M.A. Sociology (Social Behaviour Studies in HIV/AIDS)

The practice of spamming (sending unsolicited electronic communications) has been dubbed “the scourge of the 21st century” affecting different stakeholders. This practice is also credited for not only disrupting electronic communications but also, it overloads electronic systems and creates unnecessary costs for those affected than the ones responsible for sending such communications. In trying to address this issue nations have implemented anti-spam laws to combat the scourge. South Africa not lagging behind, has put in place anti-spam provisions to deal with the scourge. The anti-spam provisions are scattered in pieces of legislation dealing with diverse issues including: consumer protection; direct marketing; credit laws; and electronic transactions and communications. In addition to these provisions, an Amendment Bill to one of these laws and two Bills covering cybercrimes and cyber-security issues have been published. In this thesis, a question is asked on whether the current fragmented anti-spam provisions are adequate in protecting consumers. Whether the overlaps between these pieces of legislation are competent to deal with the ever increasing threats on electronic communications at large. Finally, the question as to whether a multi-faceted approach, which includes a Model Law on spam would be a suitable starting point setting out requirements for the sending of unsolicited electronic communications can be sufficient in protecting consumers. And as spam is not only a national but also a global problem, South Africa needs to look at the option of entering into mutual agreements with other countries and organisations in order to combat spam at a global level. / Mercantile Law / LL. D.

The limited success of HIV-testing facilities in South Africa means that many people are not accessing necessary antiretroviral treatment services. This study investigates the practical implications of HIV exceptionalism inherent in Voluntary Counselling and Testing (VCT). A semi-structured interview schedule was used to survey participants for their perspectives on barriers to HIV-testing uptake as well as the effects of exceptionalist practices at VCT clinics. Responses showed marked perceptions of gender differences in people's willingness to test and several important barriers including problems of access to services. Significantly, exceptionalism displayed in certain clinic procedures was thought to contribute to stigma, and attempts to normalise HIV practice in order to combat the effects of stigma were being informally implemented. Participants' views on routine opt-out testing were explored. The researcher recommended further investigation on how HIV testing and treatment policies can be normalised so as to reduce stigma and increase testing uptake. / Social Work / M.A. Sociology (Social Behaviour Studies in HIV/AIDS)