试论民间法的司法进入

法律的存在应该回应社会的需求,因此,国家不应忽视在社会中起实际调整作用的民间法。民间法具有地域性、非正式性和内生性等特点,它的特点决定了民间法进入国家法的最好途径是司法途径。当然这种进入不是无条件的,它要求能够作为法源的民间法要具有普遍性、延续性、适时性、合理性、可诉性和权利义务性。     

¡Que se Vayan Todos! Popular Insurrection and the Asambleas Barriales in Argentina

In December 2001, Argentina experienced a decisive crisis. A financial collapse accelerated by the massive flight of capital and the IMF denial of a new loan was followed by a popular insurrection which, by putting forward the slogan ¡ que se vayan todos, que no quede ni uno solo ! forced the resignation of national authorities. Whilst Duhalde's provisional government is negotiating the conditions for international financial support, faced with inflation and the rise of the dollar exchange rate, social mobilisation is expanding in new forms. This paper argues that the popular insurrection of December 2001 opened a space for the reinvention of the political as negative politics, the asambleas barriales constituting one example of this.     

Influence of electricity on post-mortal body temperature

In a case of suicidal application of electricity differences between the rectal temperature of the body and the suspected time of death were observed.In order to answer the question whether an electric current from hand to hand over >30 min led to a rise in body temperature FEM-based computer simulations and animal experiments were carried out. Both resulted in a warming of the soft parts in the arm without warming the body core. Thus a temperature-based estimation of the time since death can also be used in cases with electricity as the cause of death. Besides, in the animal experiment we found a spontaneous rise in the body core temperature even without application of electricity which may be a reason for the typical temperature plateau after death.     

结构型战略能力与中国国家安全

从国家与国际体系及其结构关系的角度,可以将国家战略能力区分为要素型战略能力和结构型战略能力两种类型.国家的结构型战略能力主要由其在国际体系结构中的位置和态势所决定.维护新世纪的国家安全,中国不仅需要大力增强自身在经济、军事等各领域的要素型战略能力,也需要注重国际体系所产生的结构性影响.     

The Political Economy of Intellectual Property Protection: The Case of Software

The end of the twentieth century was marked by a sea change in global governance in the realm of intellectual property rights (IPRs). Whereas countries historically retained substantial autonomy with regard to what they defined as intellectual "property" and the rights granted to the owners of intellectual property, the 1990s witnessed the establishment of new global obligations regarding national practices. This paper focuses on the case of software "piracy" to assess the mechanisms by which the new global obligations for the treatment of IPRs are transmitted from the international to the national levels. We first consider a set of national-level factors that many scholars have shown to be important determinants of IPR policy. We then supplement the standard emphasis on domestic factors with an analysis of new transnational factors: countries' multilateral obligations under the World Trade Organization's (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and bilateral pressures from the United States to increase the protection of IPRs. Population-averaged panel data models are used to assess the effects of these national and transnational determinants on levels of software piracy in 80 countries from 1994 to 2002. Our results indicate that membership in the WTO and bilateral pressures from the United States—particularly pressures that offer reciprocal concessions—lead to substantial increases in levels of protection in rich and poor countries. There is, in short, a new international political economy of intellectual property.