知识产权中的间接侵权探析

知识产权中的间接侵权有三种形式,即:帮助侵权、二次侵权和代位侵权。间接侵权不同于共同侵权,它与直接侵权也有联系但并不必然以之为前提,在我国立法中,规定间接侵权是很有必要的。     

从近期中国共青团的建设看中国社会福利服务组织的发展

中国青少年社会福利正处于整合和发展进程中，社会福利服务组织发育不良是制约中国社会福利，特别是服务福利发展严重滞后的重要因素。共青团在组织发展和工作指导思想上的变革，预示着中国社会福利服务组织的良性发育，对于中国社会福利的长远发展具有重大意义。     

Limits of regulatory responsiveness: Democratic credentials of responsive regulation

Responsiveness and accountability constitute the process of democratic representation, reinforcing each other. Responsiveness asks elected representatives to adopt policies ex ante preferred by citizens, while accountability consists of the people's ex post sanctioning of the representatives based on policy outcomes. However, the regulatory literature tends to interpret responsiveness narrowly between a regulator and regulatees: the regulator is responsive to regulatees’ compliance without considering broader public needs and preferences. Democratic regulatory responsiveness requires that the regulator should be responsive to the people, not just regulatees. We address this theoretical gap by pointing out the perils of regulatory capture and advancing John Braithwaite's idea of tripartism as a remedy. We draw out two conditions of democratic regulatory responsiveness from Philip Selznick – comprehensiveness and proactiveness. We then propose overlapping networked responsiveness based on indirect reciprocity among various stakeholders. This mechanism is the key to connecting regulatory responsiveness with accountability.     

Conceptualising corporate community development

Globally there is an increasing focus on the private sector as a significant development actor. One element of the private sector’s role emphasised within this new focus has been corporate social responsibility (CSR) activities, whereby the private sector claims to contribute directly to local development. There is now a substantial body of work on CSR but it is a literature that is mostly polarised, dominated by concerns from the corporate perspective, and not adequately theorised. Corporations typically do development differently from NGOs and donors, yet the nature and effects of these initiatives are both under-researched and under-conceptualised. In this paper we argue that viewing CSR initiatives through a community development lens provides new insights into their rationale and effects. Specifically we develop a conceptual framework that draws together agency and practice-centred approaches in order to illuminate the processes and relationships that underpin corporate community development initiatives.     

The social semiotic of homophone phrase substitution in Chinese netizen discourse

The paper addresses an ingenious way by which Chinese netizens manage to reach their intended audiences under the radar of censors surveying the Internet in China. One specifically Chinese social use of language in this respect is the option to express criticism by using inoffensive characters that share the same or similar pronunciation with politically sensitive phrasing. We identify this type of expression as homophone phrase substitution (HPS). The device has been part of Chinese since ancient times under the name political metaphor. We address the main constraints at work in HPS, especially the role of voice (prosodic contour) that guides the construction of two divergent kinds of aboutness. Leaving aside its critical function in contemporary society, by contrasting HPS with verbal irony, metaphor, and Australian rhyming slang, and by drawing on semiologie and semiotics, indirect speech acts and implicit deixis, we suggest that this linguistic option throws new light on the semantic/pragmatic distinction.     

“It's Like Fighting for Survival”: How Rejected Black African Asylum Seekers Experience Living Conditions in an Eastern German State

This article explores how Black African asylum seekers in an eastern German state experienced living conditions and the forms of agency they exhibited to redress the stressful circumstances of everyday life. The article draws on 12 in-depth interviews with rejected Black African asylum seekers and ethnographic research. Participants experienced various socio-environmental stressors and the absence of resources that affected their well-being and were injurious to their human rights. Their responses were embedded in different practices tied to the accumulation of capital that buffered stress and contested repressive asylum laws. The implications of the study for policy and advocacy are discussed.     

试论建立健全我国海外流失文物追索法律制度——从唐贞顺皇后陵墓被盗文物境外成功追回谈起

唐贞顺皇后陵墓被盗文物境外成功追回，得益于法律保障、专业技术和国际合作三个方面。但我国追索海外流失文物的工作仍很严峻。我国在海外流失文物追索过程中面临的主要法律困境包括证据资料搜集困难，缺乏适格诉讼主体，欠缺稳定的专业技术支持以及缺少专门追索机构。我国应借鉴国外先进经验制定《流失文物追索法》，对流失文物的性质、所有权归属以及追索原则等问题予以系统规定，并应成立专门的追索机构，从而有效解决追索过程中的法律依据、证据以及专业技术支持等问题。     

Reproducing remoteness? States,internationals and the co-constitution of aid ‘bunkerization’ in the East African periphery

ABSTRACT

The physical and social retreat of international interveners behind the walls of ‘bunkered’ aid compounds in (putatively) more remote and dangerous regions of the South has been the focus of growing critical attention in recent years. An increasingly remote and fearful culture of risk aversion and differentiation among Western states and organizations has been largely identified as the driving force behind this set of practices. This article presents a different perspective on the bunkerization phenomenon through focusing on the agency of Southern states in the process. Exploring bunkerization across eastern/central Africa—and in Ethiopia’s eastern Somali region in particular—the study emphasizes not only how African states have been key promoters of modern bunkerization, but also how bunkerization behaviour and mentalities have historically characterized how many African borderlands—and contemporary sites of international intervention—have been incorporated into the global state system.     

Rhetorical citizenship: studying the discursive crafting and enactment of citizenship

This article argues for the relevance of a rhetorical approach to the study of citizenship, proposing the concept of rhetorical citizenship as a term for a fourth dimension of citizenship and as a scholarly approach to the topic in addition to the dimensions of status, rights, and identity commonly recognized in the literature. We show how this view aligns with current views of the multidi Citizenship Studies mensionality of citizenship, explain our use of the term rhetoric, and illustrate the usefulness of a rhetorical approach in two examples. In close textual readings both examples – one vernacular, one elite – are shown to discursively craft and enact different notions of citizenship vis-a-vis the European refugee crisis. We conclude that a rhetorical perspective on public civic discourse is useful in virtue of its close attention to discursive creativity as well as to textual properties that may significantly, but often implicitly, affect citizens’ understanding of their own role in the polity, and further because it recognizes deep differences as inevitable while valorizing discourse across them.     

Partidos políticos e innovación democrática: más allá de purezas y perversiones

This article aims to review the conceptual import of the term “political mediation”, to shed light on the analytical reach of indirect politics, whose scope of possibilities has been usually thought of as confined within the opposites of political representation and clientelism. An analytical exercise is put forth as a possible and tentative means not only to establish a vocabulary which may be more sensitive towards present time demands, but also to –in Bunge's words– initially allow for the reinterpretation of older symbols of our political vocabulary. Towards this goal, besides a linguistic and conceptual itinerary of the term “mediation”, each of the three analytical dimensions of indirect politics is developed, favoring dialogue with theories of representation, which channels into an analytical model we call the “cube of indirect politics”. The article ends with a brief case-classification exercise aimed at showing the displacement produced by the model in the understanding of given experiences in indirect politics.