外资并购投资准入监管研究

目前中国对外资并购投资监管 ,主要是依据外资新设投资监管的法律法规进行监管 ,这样不利于促进民族工业的发展 ,不利于维护中国的经济安全。建议对外资并购投资和外资新设投资采取分别监管的措施 ,并制定相应的法律法规。     

The Google conundrum: Perpetrator or facilitator on the net? - Forging a fair copyright framework of rights, liability and responsibility in response to search engine 2.0 - Part II: The Google Books Search Project

Is Google in its quest for search engine optimization through the creation of new technologies, which not only improves its search algorithms but also refines its search functions for users, doing it in a manner that makes it a perpetrator of primary copyright infringement or an invaluable facilitator for Internet functionality? How should the balance of interests in the treatment of creative works be recalibrated in the face of changes in search engine technology and operations, and the disputes that have arisen within the last decade in the context of the digital age and its needs? Using Google as a case study, this paper will look at the two main areas of dispute over the operations of information locator tools and services that either threatens search engine functionality and efficiency or weakens copyright holders’ exclusive rights. It proposes a concerted set of solutions through a reassessment and amendment of copyright law to optimize the social benefits and objectives of both the copyright regime and technological innovations in the electronic model of information archiving, indexing and delivery. A fair distribution of responsibilities and allocation of rights and liabilities will be suggested. In the process, due consideration will be given to both public and private interests, with the former taking precedence; while the recommended solutions will be made within the currently outdated framework for Internet intermediary protection (i.e. safe harbor laws) and exceptions (i.e. specific statutory exemptions and the general fair use defense) under the existing copyright regime. Thus, the proposed changes will be far reaching without being too radical a departure from current law, an evolution that will likely be more acceptable and realistic a solution to the problem.This paper is published in two parts. Part One of this paper published in the previous edition of the CLSR at [2011] 27 CLSR 110-131 dealt with the challenges to the copyright regime posed by the operations and technology behind the Google Images Search Engine, while Part Two will assess the benefits of the Google Books Search Project vis-à-vis the effects it will have on the scope of copyright protection. Recommendations are made to copyright law to accommodate both functions while generally preserving the main objectives of copyright protection.     

论视频监控的犯罪预防功能及犯罪侦查价值

各国的犯罪预防理论发展至今,已经形成了比较完善的犯罪预防体系,主要包括司法预防、社会预防和情景预防三种模式。在我国的犯罪预防体系中,向来重视司法预防和社会预防,而对情景预防关注不够,情景预防措施尚不完善。作为一种对犯罪的干预,视频监控是一种对情境犯罪的干预,研究发掘其在犯罪预防中的作用对完善犯罪预防体系具有重要意义。同时,视频监控系统在犯罪侦查方面也具有重要作用。     

视频侦查规范化研究

视频侦查是指侦查机关根据案件的需要,通过视频监控资料的调取、观看、分析和应用四个环节,实现对犯罪的动态分析和综合判断,以发现和确定犯罪嫌疑人、寻找破案线索,为案件侦查提供方向的一种侦查措施。视频侦查已成为继刑事技术、行动技术、网侦技术之后侦查破案的技术支撑和新的破案增长点,成为强化社会治安控制的有效手段,对提高侦查机关打击犯罪的效能具有重大意义。     

视频图像侦查中涉案目标消失的原因分析与应对

在视频图像侦查过程中,经常会发生视频追踪对象在某个特定区域的视频监控图像中＂消失＂的现象。它可能是由于存在监控盲区造成的,也有可能是由于犯罪嫌疑人的反侦查行为,或者侦查员在视频监控资料收集、处理、查看过程中存在问题造成的。因此,我们可以通过合理布局,减少监控盲区,广泛收集和处理视频监控资料,深入查看和分析视频消失区域,多种侦查手段并用等途径来加以应对。     

Recovery of Environmental Human DNA by Insects*,†

Abstract: We tested the hypotheses that foraging insects can acquire human DNA from the environment and that insect‐delivered human DNA is of sufficient quantity and quality to permit standard forensic analyses. Houseflies, German cockroaches, and camel crickets were exposed to dusty surfaces and then assayed for human mitochondrial and nuclear loci by conventional and qPCR, and multiplex STR amplification. Over two experiments, 100% of insect groups and 94% of dust controls tested positive for human DNA. Of 177 individuals, 33–67% tested positive and 13 yielded quantifiable human DNA (mean = 0.022 ± 0.006 ng; mean dust control = 2.448 ± 0.960 ng); four had at least one positive allele call for one or more locus; eight others showed multiple peaks at some loci. Results imply that application to routine forensic casework is limited given current detection methodology yet demonstrate the potential use of insects as environmental samplers for human DNA.     

论废除监视居住的理由

在社会转型时期,由于犯罪现象本身呈现出与常态社会的极大不同,以保障人权和追诉犯罪为目的的刑事强制措施也得因之变化。监视居住是我国刑事诉讼法规定的一种强制措施,但现如今,随着其制度生存的社会根基被剥离,适用条件违反了比例原则,适用空间极其微小,以及无法破除的执行困境等废除理由的凸显和强化,它必将日渐式微并最终被废除。     

Exploitation of the Ultraviolet Properties and Machine Cut Edges of Paper to Associate and Sequence Sheets in a Ream

Previously unreported line patterns visible under ultraviolet light were observed on a proportion of plain white A4 printer/copier paper from different manufacturers. These Ultraviolet Line Patterns (UVLPs) usually appear as stripes down the vertical length of the paper. Typically, the UVLPs were found to “repeat” through the ream in a predictable way, while also changing. It is postulated that the repeating nature of the UVLPs is a result of the way that paper is manufactured. This leads to the ability to sequence the sheets compared to their original source paper. Even in the absence of UVLPs, it is possible to use our observation of the manufacturing process to anticipate the order of several sheets of paper and conclusively associate them, in some cases, by physically fitting their machine cut edges and crossing paper fibers. Such a novel approach to examining questioned documents would be highly useful in forensic casework.