知识产权“利润剥夺”损害赔偿请求权基础研究

利润剥夺作为知识产权侵权损害赔偿的一种赔偿方式,其请求权基础存在着疑问,由此产生了不同的路径安排模式。利润剥夺并入侵权损害赔偿请求权的路径将"侵权获利"推定为"实际损害"缺乏合理的理论基础;利润剥夺的前提是侵权行为成立,但在侵权法框架下无法以不当得利返还作为救济方式,并且从侵权获利中区分出不当得利在计算上难以实现;无因管理旨在维护公序良俗,与利润剥夺的预防功能无法契合;利润剥夺独立说缺乏充分的必要性以及合理的法理基础。利润剥夺应并入法定赔偿,作为确定赔偿额的影响因素存在,从而发挥预防功能而又不带有惩罚性,且避免使权利人获得意外之财,符合全面赔偿原则和矫正正义的实质性要求。     

Economic grievances and political protest

How do economic grievances affect citizens’ inclination to protest? Given rising levels of inequality and widespread economic hardship in the aftermath of the Great Recession, this question is crucial for political science: if adverse economic conditions depress citizens’ engagement, as many contributions have argued, then the economic crisis may well feed into a crisis of democracy. However, the existing research on the link between economic grievances and political participation remains empirically inconclusive. It is argued in this article that this is due to two distinct shortcomings, which are effectively addressed by combining the strengths of political economy and social movement theories. Based on ESS and EU-SILC data from 2006–2012, as well as newly collected data on political protest in 28 European countries, a novel, more fine-grained conceptualisation of objective economic grievances considerably improves our understanding of the direct link between economic grievances and protest behaviour. While structural economic disadvantage (i.e., the level of grievances) unambiguously de-mobilises individuals, the deterioration of economic prospects (i.e., a change in grievances) instead increases political activity. Revealing these two countervailing effects provides an important clarification that helps reconcile many seemingly conflicting findings in the existing literature. Second, the article shows that the level of political mobilisation substantially moderates this direct link between individual hardship and political activity. In a strongly mobilised environment, even structural economic disadvantage is no longer an impediment to political participation. There is a strong political message in this interacting factor: if the presence of organised and visible political action is a decisive signal for citizens that conditions the micro-level link between economic grievances and protest, then democracy itself – that is, organised collective action – can help sustain political equality and prevent the vicious circle of democratic erosion.     

相对剥夺理论视角下的流动人口犯罪与管理创新

我国流动人口犯罪是社会转型期不可避免、也不可回避的一种社会现象,是特定发展阶段中特殊群体与环境相互作用的结果。根据相对剥夺理论,某个个体或群体在把自己同与自己相似的其他个体或群体相比后,发现自己受到不公正对待和处于劣势,进而产生不满、愤怒和强烈的不公平感和失落感的心理状态。强烈的相对剥夺感是导致流动人口犯罪的重要心理根源,作者结合流动人口服务管理的实践,基于相对剥夺感的消除,提出了流动人口服务管理的“三结合”管理模式,即“疏”与“堵”相结合、“自治”与“他律”相结合、“民本化”与“社会化”相结合。     

贫富差距对社会和谐稳定的影响及其对策

贫富差距的程度与社会和谐稳定状况呈负相关关系。近年来,中国急剧扩大的贫富差距,已经开始影响到社会的和谐稳定。促进经济的快速增长,加大公平优先的二、三次分配力度,完善社会保障体系,强化“社会安全阀”,疏通社会各阶层之间流动的通道,降低因“寻租”和“共谋”等滥用权力的行为造成的贫富差距对弱势群体带来的消极影响,不仅是缩小贫富差距的基础,也是实现社会和谐稳定的必然要求。     

Perceived Injustice in Unified Germany and Mental Health

In a questionnaire study, 929 West Germans and 1275 East Germans were asked to appraise East–West differences in life quality on the labor market 7 years after the German unification. Judgments included perceived East–West differences, the justice of East-West differences, and temporal comparisons (changes since the unification and expectations in East and West Germany). Changes and expectations for East and West Germany were combined to obtain social-temporal comparisons. Negative emotions (envy, anxiety, moral outrage, guilt, hopelessness) and positive emotions (gratefulness, pride) regarding the situation of the labor market were also assessed. Mental health indicators included measures of depression, self-esteem, and psychosomatic well-being. Parameters of a path model were estimated by regressing (i) mental health on emotions and judgments and (ii) emotions on judgments. Mental health of East Germans is associated negatively with envy, anxiety, and hopelessness. Moral outrage has a positive suppressor effect. Mental health of West Germans is linked negatively with envy, anxiety, and existential guilt whereas pride, the perception of unfair privileges, and optimistic expectations have positive path effects. Appraising East–West differences as unjust plays a core role in predicting emotions in both samples. Social comparisons and social-temporal comparisons are superior to egocentric temporal comparisons for predicting social emotions (envy, moral outrage, guilt) while egocentric temporal comparisons are generally more important for predicting nonsocial emotions (anxiety, hopelessness). Theoretical and practical implications of the findings are discussed.     

Austerity,rationing and inequity: trends in children’s and young peoples’ services expenditure in England between 2010 and 2015

This article investigates local authority (LA) trends in expenditure on Children’s and Young Peoples’ services in England between 2010 and 2015, a period of government characterised by measures of fiscal austerity. We draw on a rationing framework to contextualise the levels and trends in expenditure under observation. The article analyses trends in various groupings of expenditure, using a latent growth modelling approach to identify significant trajectories in spending across LAs with different deprivation tertile membership. We find that although some kinds of children’s and young peoples’ services expenditure have been largely maintained during this period, preventive family support and early intervention services (such as Sure Start Children’s centres) have seen substantial reductions in expenditure, in contrast to the dominant narrative that children’s services have been protected. LAs in the most deprived tertile have faced the greatest cuts, mirroring other research findings on the distribution of austerity measures.     

Public opinion polarisation and protest behaviour

Does an increasing divide in normative notions within a population influence citizens’ political protest behaviour? This article explores whether public opinion polarisation stimulates individuals to attend lawful demonstrations. In line with relative deprivation theory, it is argued that in an environment of polarisation, individuals’ normative notions are threatened, increasing the probability that they will actively participate in the political decision‐making process. Using the European Social Survey from the period 2002–2014 and focusing on subnational regions, multilevel analyses are conducted. Thereby a new index to measure public opinion polarisation is introduced. Depending on the issue, empirical results confirm the effect of polarisation. While average citizens are not motivated to demonstrate over the issue of whether people from other countries are a cultural threat, they are motivated by the issues of reducing inequality and of homosexuality. The article goes on to examine in a second step whether ideological extremism makes individuals more susceptible to environmental opinion polarisation. Findings show that members of the far left are more likely to protest when their social environment is divided over the issue of income inequality. In contrast, members of the far right are motivated by rising polarisation regarding homosexuality. In sum, citizens become mobilised as their beliefs and values are threatened by public opinion polarisation.     

Oxygen-Glucose deprivation-induced dynamic changes of MAP-2 in cultured rat cortical neuronsCSCD

Objective: To study the expression of microtubule-associated protein-2 (MAP-2) and morphological changes of cultured rat cortical neurons after oxygen-glucose deprivation (OGD) injury. Methods: Cortical neurons were isolated from P1 ∼ 2 neonatal Wistar rat cerebral cortices and cultured in OGD medium. MAP-2 expression and morphological changes of the cultured neurons were investigated by Western Blotting and under inverted microscope. Results: Without OGD injury, the cultured neuron had round or elliptical cell body with long intact dendrites. The neurons remained round with short dendrites at 1h post-OGD, while wrinkled with few dendrites at 6h and 12h post-OGD; the neurons partly recovered and some dendrites reappeared at 24h post-OGD. Western Blotting showed MAP-2 protein decreased 1h post-OGD, reached the minimal level at 12h, and then increased at 24h post-OGD. There was no significant difference between MAP-2 expressed at 6h post-OGD and 12h post-OGD. Conclusion: After moderate OGD injury, cultured rat cortical neurons demonstrate time-dependent MAP-2 expression and morphological changes.     

Querying the resilient local authority: the question of ‘resilience for whom?’

ABSTRACT

Analysis of how English local authorities (LAs) have fared post large cuts to their funding by the Coalition and now Conservative governments indicates a considerably resilient organisation. Engaging with recent critical strands in the resilience literature this paper, however, queries that resilient LA account. Better consideration of resilience’s repercussions across the landscape of local services provision is needed. The question of ‘resilience for whom?’, drawn from the conceptual literature, is introduced and frames an exploration of the experiences of LA resilience strategies among small charities in deprived areas of London. Deleterious dimensions of resilience are seen in its distancing and de-coupling effects and associated voluntary provider fading. There are losers and a dark underside to explore. Such perspectives add to the local government and austerity scholarship insight as to the noted ‘austerity puzzle’ and a questioning of its tendency towards a ‘great survivor’ account.     

The Relationship Between Deprivation and Forensic Opportunities with Stolen Vehicles

Abstract:  Collection and interpretation of forensic intelligence (primarily through DNA and fingerprint identifications) is an integral part of the investigation of criminal offenses ranging from burglary and vehicle crime to major crime. The forensic contribution depends not only on the successful recovery of material, but also the ability to identify potential offenders and apply this intelligence to solve the crime. This study examines burglary and vehicle crimes investigated by Northamptonshire Police (U.K.) by analyzing relationships between deprivation of a crime location and the recovery and identification of DNA and fingerprint material. The results show that, for stolen vehicles, although significantly more forensic material (both DNA and fingerprints) is recovered and identified in more deprived neighborhoods, this does not lead to a corresponding increase in solved cases. These findings are considered in relation to previous studies, which have advocated the prioritization of resources at crime scenes most likely to yield forensic material.