美国污染场地国家优先名录制度的建设及其启示

有别于传统命令控制模式,污染场地名录管理凭借其信息工具优势在污染场地分级分类管理、优先排序方面发挥着重要作用。从美国法治经验观察,伴随着《综合环境反应、赔偿与责任法案》(俗称《超级基金法》)的修订完善,污染场地国家优先名录制度依循风险管控理念在加快场地修复和社区重振的务实方向上不断发展。就我国而言,应借鉴域外法治经验,通过建立基于量化指标的污染地块危险等级评定系统,健全基于风险管控原则的场地名录列入、移出规则,构筑以透明、公开为原则的公众参与机制等措施,健全完善我国污染场地名录管理制度。     

Hyperlinks citations, reproducing original works

A hyperlink (or simply a link) is a citation of an electronic address where further information can be found but, additionally, navigates the surfer almost instantaneously to material hosted anywhere on the Internet at a mere click of a mouse. Controversy arises because either the composition or functionality of the hyperlink can potentially infringe property rights of the claimant. Many have written about the hyperlink as a navigation tool authorising or contributing to infringement of copyright by a third party.¹This article concentrates on the composition of an external hyperlink, as a citation. Part 2 outlines the nature of Internet communication and explains why hyperlinks are often controversial. Part 3 asserts when copyright subsists in original literary works, but because a hyperlink may incorporate diverse formats, this part also addresses the protection of other works including the issue of composite works covered under section 1(1) of Copyright, Design and Patents Act, 1988. Applying copyright principles, it suggests that a hyperlink reproducing an identifiable part of a web page capable of standing apart from its context can infringe copyright in the web page containing the part. That said the claimant might face difficulty in demonstrating that the work is substantive or, where the hyperlink consists of diverse inputs, in categorising the subject matter. Part 4 acknowledges the significance (electronic) collections and therefore defines a database falling within the Databases Directive.² It then highlights challenges presented by copyright and sui generis right relating to databases concluding that reproducing an identifiable part of author compiled work can infringe copyright and/or sui generis right therein but the same is not true of search engine generated returns. Part 5 concedes that, in practice, subsistence of copyright and/or sui generis right is open to challenge because the part reproduced in a hyperlink may not be substantive, may not easily fit into the category of protected subject matter or lacks ‘substantial investment.’ Nevertheless, it argues that proving infringement in an identifiable part of a web page reproduced in a hyperlink remains the most viable option for indirectly controlling access to the target page, which may itself be unprotected by copyright.     

论宅基地使用权流转的理论基础

在统筹城乡发展的时代背景之下,现行禁止宅基地使用权流转的制度安排已难以满足日益高涨的流转需求,且无法形成理论自洽,由此势必需要制度创新与变革。改革现行制度安排,允许宅基地使用权流转,既是对现实需求的回应,更具有深厚的经济学及法学理论基础。     

Web数据库安全应用策略

Web数据库的安全是一个系统性、综合性的课题。想要建立完美的安全体系是困难的,实际中的Web数据库系统会采取多种技术来构建安全体系。只有通过不断地改进和完善安全手段,才能提高系统的可靠性。     

数字地球与公安网络空间信息系统

数字地球与公安网络空间信息系统这一课题,基于数字地球的技术框架体系和从传统GIS到现代Web GIS的演变,结合公安空间数据基础设施的建设,探讨了建立公安空间数据仓库和Web GIS站点的问题,提出了公安网络空间信息系统的体系结构和建设内容.     

国际法庭科学领域文献外部特征及研究热点可视化分析

目的通过文献计量学方法对近十年Web of Science数据库中收录的法庭科学相关文献进行分析,为相关研究工作提供借鉴。方法使用主题、期刊和机构3种途径进行文献检索,通过Thomson Data Analyzer(TDA)、Ucinet和VOSviewer等工具分析相应文献的年度分布、国家(地区)分布、机构分布、期刊分布和研究热点。结果近十年,相应文献共计49469篇。发文量呈逐年上升趋势。发文量前15的国家(地区)占发文总量的78.52%;中国发文量位列第5,但高被引文献所占比例位列第12;荷兰、瑞士和澳大利亚等国家(地区)综合影响力较高。中国合作国家(地区)主要包括美国、英国和德国等129个。圣玛丽大学法庭科学学院、悉尼大学和荷兰法医协会等综合影响力较高,相应文献发表在6357种期刊。根据领域高频词共现网络和高被引文献遴选出颅脑损伤、医疗卫生政策、评定量表和模型、医学影像学等研究热点。结论国际法庭科学领域SCI收录文献总数增速明显,我国成果影响力需大力提升;国际研究机构分散,我国研究力量需不断凝聚;国际领域研究热点广泛,我国高水平研究的国际参与度需继续提高。     

Criminal Exploitation of Online Systems by Organised Crime Groups

This article considers how information and communications technologies (ICT) can be used by organised crime groups to infringe legal and regulatory controls. Three categories of groups are identified: traditional organised criminal groups which make use of ICT to enhance their terrestrial criminal activities; organised cybercriminal groups which operate exclusively online; and organised groups of ideologically and politically motivated individuals who make use of ICT to facilitate their criminal conduct. The activities of each group are then assessed in relation to five areas of risk: the use of online payment systems, online auctions, online gaming, social networking sites and blogs. It is concluded that the distinction between traditional organised crime groups and the other two groups—cybercriminal groups and ideologically/politically motivated cyber groups—is converging, with financially-motivated attacks becoming more targeted. Legislation will need to adapt to deal with new technological developments and threats that organised criminals seek to exploit.

Five Stars and a Cricket. Beppe Grillo Shakes Italian Politics

The article focuses on a new political player: the Five Star Movement led by the comedian Beppe Grillo. The party lies at the junction between different organisational models and conceptions of democracy: it combines an online and an offline presence; it has ‘horizontal’ structural elements, but a top-down decision-making process; it is positioned ‘beyond’ ideologies, while its electorate comes from various political families. The work considers the history, message, leader, organisation and electoral base of the movement, as well as the political opportunity structure that facilitated its growth in 2012 and the challenges it faces in the delicate phase of institutionalisation.     

The role of memes in the construction of Facebook personae

Abstract

This research is based on the assumption that social media sites – such as Facebook, Twitter and YouTube – have changed the way in which memes (culturally transmitted ideas) are transmitted or spread. It is argued that social media have provided the most fertile environment for the replication of memes to date. The social networking site Facebook is the main social media example used throughout the research. The way in which Facebook is represented in film, as well as the ways in which the offline lives of the characters are affected by their social media profiles, specifically as depicted in the film Catfish (Joost and Schulman 2010) are analysed. Lastly, it is argued that one can construct an entirely new persona, or merely experiment with different aspects of who you are, on social media sites. This online persona can be influenced by the memes one chooses to spread online. Naturally, all memes carry connotations, values and judgements. These memes collate with one's profile and, thus, the connotations attached to the memes one shares are then associated with one's online persona/profile. It is found that although a social networking user tries to portray him/herself in an idealised manner, these memetic connotations give a true impression of his/her offline persona. As a result, there is not much difference between the user's online and offline personae.     

Do Online Election Campaigns Win Votes? The 2007 Australian “YouTube” Election

Studies of Web use during elections have focused mainly on the content of Web sites and on the major factors driving parties' and candidates' adoption of the technology. Evaluations of the electoral impact of Web campaigns have been more limited. This article examines the nature and extent of Web use by voters and parties in the 2007 Australian federal election, focusing particularly on the consequences of Web 2.0 campaigning for candidate vote share. The findings show differing levels of commitment to older and newer e-campaigning technology across parties and their supporters and significant electoral advantages are associated with minor parties candidates using Web 2.0 campaign tools. The results confirm existing studies' findings about the impact of Web campaigns on contemporary elections, but that these effects are moderated by the type of Web tools used and party using them.