论英美财产法中的产权概念及其制度功能

相对于大陆法系财产法以所有权为起点展开的逻辑演绎,英美财产法中存在着一个特有的核心概念——产权(title),其上负载有相对性的特征,由此展开了个案主义的情境思维办法——在具体案情背景下比较各方权利或利益的具体内容,然后断其高下,对其中相对较优的产权给予保护。产权的这种相对性特征来自于英美财产法形成历史上所有权向占有的拟制。对于当代比较法学,这种研究不仅能够为我们提供一定的制度功能,还有更重要的方法论意义。     

德宏州全面建设小康社会面临的难题及对策

农民人均收入低、增长慢,城乡收入差距逐年扩大,是德宏州全面建设小康社会面临的突出问题.为此,一要抓农村剩余劳动力转移,二要抓城镇化建设,提高城市化水平.     

唐代咏西施诗浅析

西施是中国古代著名美女,亦是经常出现于历代文学作品中的一个文学形象。唐代,我国诗歌创作达到颠峰,出现了一大批杰出的诗人,流传下来许多脍炙人口的作品,其中就有很多是吟咏西施的。本文以唐代西施题材的诗歌为关照对象,发掘此类诗歌在整个唐代的演变特点,并且以小见大,进而审视唐代诗人在思想、艺术等方面的时代特色和流变轨迹。     

Memories,Drama and Dreamers: Proposals to Address the Representation of the Latin World in the Face of the Telenovela Crisis

The broadcast of the Latin American telenovela in the United States has been approached from many perspectives. One approach is the study of how the Latin reality is perceived through stories, themes and iconographic elements. This article analyses the different forms of representation of reality as promotors of the identification, production of mental images and memory to maintain the interest of the spectators. A series of initiatives have been proposed so that the stories are more in line with the tastes and expectations of a complex, multicultural and multigenerational audience.     

欧盟过境货物知识产权保护最新态势——兼评欧洲法院“NOKIA”案和“PHILLIPS”案

自2008年10月以来,在欧盟一些海关屡屡发生过境货物遭到扣押的事件,尤其是荷兰海关屡次扣押印度等国的过境药品,引起国际社会的极大关注.英国和比利时法院分别在审理“NOKIA”案和“PHIILIPS”案过程中对过境货物是否扣押产生疑问,并向欧洲法院提出咨询.近期欧洲法院对两案合并审理,做出一项里程碑意义的判决,厘清了过境货物、 “虚拟制造”理论等基本问题,对欧盟海关的知识产权执法和法院司法都有很好的指导作用,对于我国政府和企业也不无裨益.     

The artist as a medium and the artwork as metaphor in Murakami Haruki’s fiction

Abstract

In many of Murakami Haruki’s works, the protagonist is in a profession close to the world of literature, although usually not exactly a writer. In their role as translators, advertising copywriters, journalists, or editors, Murakami’s protagonists are invested with the task of rearranging fragments of reality into narrative or artistic form, and/or of transmitting a message. This process is emotionally charged, often involving a supernatural dimension. While the process of reconstructing a narrative is largely unconscious, the narrator’s choice to act in this capacity is deliberate, and is presented as a way of fulfilling his responsibility towards others. I read this element as an expression of Murakami’s vision of the role of a writer in society. The figure of the artist-narrator takes an interesting form in Kishidanchō-Goroshi (Killing Commendatore, 2017), where the protagonist, a visual artist specialising in realistic portraits, decides to pursue a more creative approach to painting that leads him to a series of supernatural adventures. Through a close reading of the novel, this article investigates how Murakami’s portrayal of the artist as a shaman-like figure functions like a metaphor for the role of the literary author as a catalyst that enables people to connect with their inner self and with each other.     

单位犯罪之恒定与代罚制之检讨

97《刑法》明确规定了单位犯罪,但是对于单位犯罪的理论争议并未消解于立法的＂一锤定音＂。单位犯罪的立法化使社会存在转化为法律存在,其乃社会发展之必然结果。单位犯罪之肯定首先在于民法上肯定单位的权利能力与行为能力以及法律对这种实在的拟制。但是,单位犯罪单罚制中代罚制所带来的不当后果,乃我们无法回避的现实与理论问题。对此,应当进行深入检讨。     

Working Girls: Femininity and Entrapment in Peyton Place and Valley of the Dolls

Jacqueline Susann's Valley of the Dolls (1966) and Grace Metalious's Peyton Place (1956) are novels that have long exerted a powerful hold on the popular imagination. The bestselling Peyton Place was adapted into a successful film in 1957 before becoming an iconic television series, running from 1964 to 1969. Valley of the Dolls was similarly re-imagined in two films, Valley of the Dolls (1967) and Beyond the Valley of the Dolls (1970), which, even today, retain a cult following. These books are typically remembered for their scandalous bringing to light of such ‘taboo’ issues as adultery, abortion, female sexuality and sexual abuse. But this article suggests that Peyton Place and Valley of the Dolls are equally preoccupied with a sympathetic examination of the role of women in the post-war workplace. In both of these novels, the process of female self-fashioning is integrally related to a woman's entry into the workforce, and to the making and controlling of her own money. But this entry into the male-dominated workforce is inherently fraught with danger, and Metalious and Susann expose some of the myriad ways in which the so-called ‘American Dream’ is contingent on the entrapment, suppression and regulation of various forms of female desire and agency.     

‘Not Simple,Not Pure’: Revisioning of Mythical Wicked Women in the Stories of Sara Maitland

The British novelist, feminist and religious thinker Sara Maitland (b.1950) is renowned for her short stories, many of which involve the rewriting of fairy tale and classical and biblical myth. This article situates Maitland's retellings within the contemporary feminist tradition of literary revisioning, but emphasises that her retelling of old tales is distinguished by a deep—and often discomforting—engagement with questions of morality. This is rooted in Maitland's political commitment and Christian faith, and is particularly evident in her treatment of mythical female evil. Her short stories take a morally ambiguous approach, paying attention to the moral and psychological complexities of the wicked stepmothers in fairy tale, gorgons and child-killers of classical myth, and temptresses of the Hebrew Bible. Maitland's feminist revisioning of mythical wicked women does not flinch from their darkness, or impose simple ethical lessons, but at the same time she is (sometimes horribly) aware of their moral significance. This article examines the portrayal of feminist theology's concept of the ‘female sin’ of passivity in Maitland's revisioning of Delilah (in Daughter of Jerusalem, 1978) and ‘Helen of Troy's Aerobics Class’ (in On Becoming A Fairy Godmother, 2003); how the crimes of mythical wicked women are retold as being motivated by revenge against men in ‘Deborah and Jael’ (Daughter of Jerusalem), ‘Siren Song’ and ‘The Swallow and the Nightingale’ (Far North and Other Dark Tales, 2008). The latter of these raises issues of women's conflicting loyalties, which is also considered in ‘The Swans’ (2008). The taboos of incest and child abuse are explored powerfully and sensitively in ‘Jocasta’ (2003) and ‘The Wicked Stepmother's Lament’ (A Book of Spells, 1987), and resistance to simplistic moralising is encapsulated in the story of a menopausal Eve, in ‘Choosing Paradise’ (2003).     

“Una tercera lectura”: the cinematic reader and the cult of virility in Manuel Puig's El beso de la mujer araña (1976)

In El beso de la mujer araña, Manuel Puig encourages a “tercera lectura,” informed by both cinema and literature. He creates a cinematic language reinforced by the spirit of “synthesis” and then incorporates a conceptual discourse which is beyond cinema because of the “límites de atención” of a “lector cinematográfico.” Puig expects readers to draw their own conclusions about the themes which emerge. I argue here that both the themes and aesthetic of the novel can be read as a challenge to the form and content of a literary and filmic “cult of virility.”