网络侵权案件的地域管辖

网络侵权案件在确定地域管辖时 ,与一般侵权案件相比更为复杂 ,其主要原因在于网络的全球性 (其实质表现为数字传输的全球性 )等特征与地域管辖的稳定性 (即需要具体到某一特定法院处理案件 )之间的矛盾 ,因此其关键是遵循网络数字传输规则 ,找到网络与具体地域之间的实质性关联。网络侵权案件地域管辖的基础应当包括侵权行为地、原告住所地、被告住所地 ,其中以侵权行为地为主。服务器所在地应当仅指ICP服务器 (主机硬盘 )所在地 ,可作为确定侵权行为地的重要参考因素。     

浅谈流动人口的暂住管理

人口流动是现代化经济建设中出现的必然现象。当前我国流动人口暂住管理的问题是全面建设小康社会中亟待研究和解决的现实问题。     

我国刑事强制措施之修缮

本文介绍了我国刑事强制措施的概况 ,分析了现行刑事强制措施的缺陷 ,并提出了完善强制措施若干问题的立法构想。     

作为知识社会学个案的我国“法律文化”研究

学界在谈论法律文化研究在我国兴起的原因之时,多将其归咎于国外法律文化研究的引入,这固然不错,但笔者以为,恐怕更深层次的原因还在于特定时代背景下的现实需求使然;法律文化研究在我国的出现,是基于特定“社会居所”的现实欲求和历史思索以及学术共同体内部渴望打破旧有研究格局的需要等多重诱因作用的结果,国外法律文化研究的传入,某种意义上仅仅是开放了法学界希望从更为广阔的角度来理解和解说法律实践的特定接受趋向,同时赋予国内的法律文化研究一种“学术合法性的追认”,并未产生太大实质性学术影响。     

刑事责任年龄认定存在的问题及对策研究

由于立法上缺乏刑事责任年龄认定标准;司法实践中户籍资料、被告人供述和辩解、证人陈述和骨龄鉴定认定依据均存在问题;刑事证据采纳标准和司法成本影响刑事责任年龄的认定,从而导致犯罪嫌疑人尤其是未成年人刑事责任年龄的认定处于不确定状态。对此,立法上应明确规定认定刑事责任年龄的法律依据;司法实践中,严格户籍管理,适当运用骨龄鉴定,严格遵守证据的采信规则,合理规划司法成本。     

以太网网络接口卡MAC永久地址与MAC当前地址的检验方法综述

本文综述了检验以太网网络接口卡MAC永久地址和MAC当前地址的方法,针对不同的检验客体提出了可行的检验方法。并提出了MAC在先检验的发展方向。     

Lives on the Snowy Plateau

正Title:Living on the Roof of the World(II)Authors:Xu Chaoqing,Li Lin et al.Price:RMB 78Published by New World Press,Beijing,2013The 1,300-year-old Jokhang Monastery in Lhasa is bathed in morning sunshine.Rainbow hued prayer banners l utter on towering gilded l agpoles as smoke spirals from incense burners.Drolma Lhamo,in her late 70s,i ngers her prayer beads as she makes her morning devotions,just as she has done for decades.Drolma Lhamo lives deep in the labyrinthine alleys of Barkhor Street.Born in a traditional courtyard residence there,she moved     

Voices heard and unheard – A Scandinavian perspective

Children's rights to participate in legal processes concerning them have been a key policy issue for the Scandinavian legislators during recent decades. From the 1980s, there have been frequent amendments to the law to secure the position of the child. Despite numerous provisions stating the right of the child to express his or her views and for these to be considered before decisions are taken, there are continuing obstacles to full recognition of children as legal subjects. Too often children's voices are not heard or not heeded. This article explores the reasons for this and argues that the ambition to promote equal parenthood is one reason for the failure to give the child's views real impact on decision-making in matters concerning children.     

The Russian Revolution at 100: the Soviet experience in the mirror of permanent counterrevolution

Abstract

The Russian Revolution is analysed in this paper in the context of a conjuncture dominated by counterrevolution. Beginning with the repression of the 1850s, a process of permanent counterrevolution has become the over-determining trend of social-political history. The Russian Revolution was subject to several distinct aspects of this process. First was external counterrevolution, the attack on it from the outside. Whilst Anglo-America was the main bulwark organising it, the Nazi/fascist counterrevolution and invasion of the USSR was an example of counterrevolution that ran out of control and ended in a defeat in Europe that was only overcome through a long and risky Cold War. Internal counterrevolution affected the Russian Revolution as part of a longer process of adjusting socialist theory to successive defeats. In the Soviet case, Socialism in One Country was the decisive mutation in this respect and must be viewed as the decisive component of the triumph of counterrevolution. After the war, Anglo-America adjusted the counterrevolutionary strategy to surgical excisions of socialist tendencies until the USSR, isolated and ideologically exhausted, collapsed. Even so, several of its legacies continue to be relevant, notably the nationality policy and internationalism. Also, today’s information revolution casts a new light on the Soviet planning experience that must be studied now that capitalism is slipping into a systemic crisis.     

The Dilemmas of Frontline Staff Working With the Homeless: Housing First,Discretion, and the Task Environment

This article examines staff discretion in permanent supportive housing facilities run by a nonprofit agency claiming to use a Housing First approach. Field observation, archival data, and individual and group interviews with staff and clients were examined to better understand agency processes involved in intake, sanctions, and disposal of clients to evaluate Housing First fidelity. In their day-to-day interactions with clients, frontline workers' discretion is affected by working conditions such as lack of resources and heavy workloads, as well as by demands placed on the agency by members of its task environment. Implications for Housing First programs and homeless clients are discussed.