论美国贸易自由化进程中贸易调整援助制度

当今世界,以区域贸易协定（RTA）和自由贸易协定（FTA）为代表的区域经济一体化和自由化的发展日趋迅猛,发达国家在实施贸易自由化、区域经济一体化乃至经济全球化过程中,对旨在因此进程而受到牺牲的产业、企业、工人和农民的利益实施补偿和援助的配套制度建设高度重视。而发端于欧洲经济共同体、而后被美国发扬光大的贸易调整援助（TAA）制度,正是上述贸易自由化和区域经济一体化配套制度的支柱之一。在进一步推进贸易自由化过程中,我国一方面应大胆借鉴欧美的TAA制度,另一方面也应当汲取发达国家在实施TAA项目过程中的教训,在保留TAA制度合理内核的基础上注意扬弃和克服这一制度的缺陷和弊端。     

中国国内贸易、对外贸易与经济增长的互动研究——基于VAR模型的脉冲响应分析

基于协整方法和VAR模型对中国国内贸易、对外贸易与经济增长的关系进行脉冲响应分析，结果表明：在5％显著水平上，经济增长与国内贸易、国内贸易与对外贸易都具有双向因果格兰杰关系，经济增长是对外贸易的格兰杰原因，但对外贸易不是经济增长的格兰杰原因；从长期来看，经济增长不仅能自我促进而且对国内贸易和对外贸易发展具有显著正效应，国内贸易缺乏自组织能力且对经济增长的效应并不显著，对外贸易自身波动性强而对经济增长的效应虽显著但不稳定，而国内贸易与对外贸易二者则呈替代关系。     

《中美经贸协议》中商业秘密的规定及我国应对路径

商业秘密的保护已经成为了《中美经贸协议》规制的主要问题,《中美经贸协议》对我国商业秘密保护提出了更高的要求。通过从文本格式和文本内容两个角度分析《中美经贸协议》关于商业秘密的规定,指出我国商业秘密保护法律模式及现行法律关于商业秘密保护的规定存在的不足和缺陷。我国应当从宏观上转变商业秘密保护的法律模式建立商业秘密专门法保护制度,现阶段应当加强我国涉外经贸中商业秘密保护的法律规范、修改商业秘密的刑事保护规定、增大政府商业秘密保护中的义务。     

Fixed Investment and Economic Growth in China

This paper attempts to investigate empirically the investment-growth relationship in China. Using the exogeneity framework pioneered by Engle et al. (1983) and Engle and Hendry (1993), we find that fixed investment is a key determinant of China's economic growth, which, surprisingly, has not been rigorously examined in the literature. The super exogeneity test results suggest that there exists a robust (or structurally invariant) relationship between capital formation and income growth, thereby giving credence to policy evaluation.     

我国国际贸易纠纷中的技术性因素：中国国际经济贸易仲裁案件研究

本文通过对我国国际经济贸易纠纷仲裁案件的案例研究,多角度分析了国际贸易磨擦中技术性因素的作用特征及作用机制,指出在国际贸易纠纷中技术性因素已占一半,仅靠司法调节可能赢了官司丢了市场.高度重视技术标准的作用,建立技术性贸易措施体系,不仅可以相对减少国际贸易纠纷,还有利于保护和扩大我国出口产品的国际市场,实现国际贸易中的双赢.     

Does social capital deter youth from cheating, alcohol use, and violence in Turkey?: Bringing torpil in

The objective of this study was to explore the link between social capital and cheating, alcohol use, and violence using a self-reported survey involving a sample of Turkish university students. The relatively comprehensive measures of social capital included both parental social capital (membership in organizations, political engagement, book/newspaper readership, parental control over the youth's social network, and religion) and youth social capital (civic intolerance, religion, influential connection, social exchange among classmates, membership in organizations, trust, and voting). Findings tended to indicate that most social capital measures were not consistently significant and that social capital had both negative and positive aspects. Social capital deprivation, a ‘new’ concept, was for the first time used and tested: it had a positive impact on deviant behavior.     

中俄经贸合作中利用俄罗斯土地的法律风险控制

一带一路战略背景下中俄经贸合作呈现出井喷式发展态势和前所未有的美好愿景,但政热经冷的尴尬局面并没有得到明显改善,中国投资者对俄市场性投资所面临的风险度依旧很高。在中俄经贸合作日趋紧密和俄罗斯投资环境未有明显改善的背景下,对利用俄罗斯土地进行法律风险评估,如何占有、使用、处分土地,如何控制和降低土地利用法律风险,应当成为中国投资者进行投资风险评估的重要内容。应当关注俄罗斯立法对于外国主体取得土地所有权的特别限制;全面掌握俄联邦、联邦各主体、自治地方关于土地利用的规范性法律文件,重点把握它们之间的差异与冲突;跟踪最新的立法变化,避免因土地立法与民事立法频繁修订可能引发的规则变动风险;熟悉掌握和善于运用俄罗斯立法中与我国土地利用规定明显不同的规则;注重履行土地保护及合理利用的义务。     

Juvenile delinquency in a developing country: a province example in Turkey

The aim of this study was to determine offence behavior, socio-demographic characteristics and some features of the juvenile offenders' families in a selected region, and compare with developed countries. A total of 165 juvenile offenders were included. Information was obtained by individually interviewing all children. Of a total of 165 juveniles, 162 (98%) were boys. The most frequently committed crimes were theft (52%) and wounding (20%). Of these juveniles, 33% were 14 years old when they committed offence, 21% had a history of an offence behavior, 14.5% had an offender sibling, 36% had smoking habits, 21% had a history of running away from home, and 28% had a history of internal migration. Mild psychiatric disorders were detected in 9 (5.4%) and 51% of them were not student at the time of offence behavior. Most of the families were crowded and had rather low economical and educational levels. Some features such as low income and low family educational levels, insufficient parental control, crowded family, migration, repetition of offences, and cigarette smoking were found to be risk factors for offensive behavior. These risk factors can be taken into consideration for the prevention of future crimes.     

Does Ethical Theory Have a Future in Bioethics?

Although there has long been a successful and stable marriage between philosophical ethical theory and bioethics, the marriage has become shaky as bioethics has become a more interdisciplinary and practical field. A practical price is paid for theoretical generality in philosophy. It is often unclear whether and, if so, how theory is to be brought to bear on dilemmatic problems, public policy, moral controversies, and moral conflict. Three clearly philosophical problems are used to see how philosophers are doing in handling practical problems: Cultural Relativity, and Moral Universality, Moral Justification, and Conceptual Analysis. In each case it is argued that philosophers need to develop theories and methods more closely attuned to practice. The work of philosophers such as Ruth Macklin, Norman Daniels, and Gerald Dworkin is examined. In the writings of each there is major methological gap between philosophical theory (or method) and practical conclusions. The future of philosophical ethics in interdisciplinary bioethics may turn on whether such gaps can be closed. If not, bioethics may justifiably conclude that philosophy is of little value.     

Suicide in children and adolescents at a province in Turkey

Despite the well-documented increases in the rate of completed suicide among children, accurate knowledge of the characteristics of these suicides is limited. We examined all suicides by children and adolescents in Diyarbakir during 1999 and 2001. All of the cases were analyzed regarding the age, sex, method and location of suicide, time of year, and predictive factors. There were 56 children aged 11 through 19 years. Adolescents between 15 and 19 years of age constituted the overwhelming number (87%) of all the childhood suicides. Female children and adolescents predominated among the suicide victims (71%). The most frequent means of suicide were firearms (43%), hanging (28%), and jumping (16%), respectively. The majority of suicides occurred at the decedent's home (88%). Reasons identified were mainly psychiatric disorders, followed by troubles within the family. A prior suicide attempt or a note that was left by the decedent and elucidated the reason for the suicide was rare. There was no seasonal difference in rates of suicides.     

Identification procedures as a part of death investigation in Turkey

Forensic identification techniques include the examination of ID cards, the decedent's private belongings, fingerprints, footprints, lip marks, dental findings, red blood cell enzymes, performing photograph matching, facial reconstruction, visual identification, and DNA "fingerprinting." As part of forensic examinations, the identification of corpses that are fresh, decomposed, fragmented, or skeletonized as well as individual body parts and human remains can be requested. Identification becomes a challenging task for forensic terms particularly in mass-disaster situations. Each identification case should be considered to its own merit and the way to do that should be based on the effectiveness and cost of each method used. In Turkey, one of the major duties of the medicolegal system on the investigation of deaths is to identify the deceased if unknown.This study is undertaken to investigate the procedures, as well as their validities, used to deal with individualization of dismembered bodies directly sent to the Council of Forensic Medicine, Ministry of Justice, for autopsy and/or visual identification, as well as those received from peripheral districts for forensic identification. According to the Turkish Penal Procedural Law, a positive identification of the deceased is mandatory before performing an autopsy. According to the law, the ID cards are not taken to be sufficient for recognition of the deceased, and the major way of identification in daily practice is visual identification by a relative or any recognizant person to approve the identification to the prosecutor. If visual identification fails, fingerprints, dental x-rays or body x-rays, and DNA "fingerprinting" can be used to establish identity when compared with known records of the individual obtained by law enforcement.This retrospective study was carried out into 421 dismembered bodies, among 3063 autopsies performed in year 2002 by the Department of Morgue at the Council of Forensic Medicine, with particular insight into the identification procedures undertaken and their results. The overall negative identification rate was 30.4%, and in 1% of the cases, the visual identification by relatives were not confirmed by DNA identification and taken as misidentified.     

Suicide Among Children and Adolescents in a Province of Turkey

Abstract:  Despite well-documented increases in completed suicides among children, accurate knowledge of the characteristics of these suicides is very limited. The aim of this study was to investigate general characteristics of suicide among children and adolescents in the province of Istanbul and to evaluate obtained results in the light of the literature. Data were collected from autopsy records of the Morgue Department of Institute of Forensic Medicine, Istanbul. General characteristics of completed suicides among children and adolescents between 2001 and 2005 were retrospectively reviewed. The study included 176 suicides aged 9–19 years. The overwhelming majority of the suicides (92%) were aged 15–19 years. More than half of the suicides (60%) were male. The most frequent means of suicide was hanging (55%) followed by firearms (20%) and jump or descent from height (15%).     

Homicide in Adana, Turkey: a 5-year review

Violence is a significant public health problem. Thus, so as to prevent this problem, homicide, the severest form of violence depriving a human being of his right to live, deserves a detailed examination. This study is a retrospective research examining the 2951 cases of medicolegal autopsies in Adana during a period of 5 years (1997-2001). Among these cases, 620, which were determined to be homicidal, were taken into the scope of this study. The cases were examined with respect to sex, age groups, the method used during the act of homicide, the number and the localization of the wounds on the body. A total of 620 (21%) of the medicolegal autopsies conducted within this period were homicides. Of these cases, 515 (83.06%) were male and 105 (16.94%) female, and the rate of the males to females was 4.9; 72.74% of the victims were between the ages of 21 and 50. It was seen that 54.83% of the homicides involved firearms, while 35.16% of the victims were stabbed to death with a cutting object. It was also determined that the victims suffered a single wound in 47.35% of firearm-related murders and 29.35% of stabbings resulted in death. Alcohol was found in the blood of 7.58% of the homicide victims, while none had any illicit drugs.     

论海峡两岸经贸合作法律制度的完善

在当前两岸经贸关系和平发展的背景下,加强两岸在法律上的交流与合作日显重要.大陆涉台立法层次的限制,两岸之间存在的区际法律冲突及司法协助缺少对话是海峡两岸经贸合作的法律现状.因此,只有建立有关两岸经贸交流的法律制度,完善两岸经贸争议解决机制,建立和完善两岸司法协助机制,强化台湾同胞投资的法律保护以及加强两岸实务界的交流是两岸应共同面对的问题.     

Global Trade Policy Development in a Two-Track System

The World Bank identifies two trends within the internationaltrading system: multilateral negotiations sponsored by GATT/WTObased on evolving rules grounded in non-discrimination, andbilateral and regional negotiations between nations that reducetrade barriers on a reciprocal and preferential basis. Thisarticle asks how we might enhance the global trade policy developmentprocess through interaction and coordination between these twotrade policy development systems. It seeks an understandingof the nature of bilateral trade negotiations so that we cancompare bilateral and WTO-sponsored multilateral processes.In so doing, we can observe how these two systems naturallyinteract thus enabling us to consider how that interaction maybe better designed to enhance the international trade policydevelopment system. After examining current trends in bilateraland regional trade negotiations, this article considers theopportunities and challenges of a two-track system for developingtrade policy by examining bilateral trade negotiations conductedby Australia, Singapore and the United States. The article concludeswith observations that may assist in re-framing the currentdebate over bilateral and multilateral trade negotiations andincludes recommendations for the effective management of a two-tracktrade policy development system.     

Methods of sex trafficking: findings of a case study in Turkey

The underground sex industry in Turkey has increasingly become dependent on the foreign women, predominantly coming from the former Soviet Union. Some of these women became victims of sex trafficking. However, little is known about how they are recruited, transferred to, and exploited in Turkey. This article attempts to enlighten this process and makes use of police-recorded victim interviews (N?=?430), as well as key personnel interviews (N=?18) as primary data. Various methods and tactics are found to be used in sex trafficking operations in Turkey. Most victims are recruited by persons known to them proposing attractive job possibilities, especially in the entertainment business. The majority of victims enter Turkey with legal documents and with various transportation means. Traffickers obtain girls and sell them to customers in public and private settings using methods to control the victims, such as debt bondage, violence, confinement, confiscation of travel documents, and threats.     

Civil commitment in Turkey: reflections on a bill drafted by psychiatrists

Involuntary hospitalization of the mentally ill has been an issue that still remains outside the judicial system in Turkey. Despite the new Turkish Civil Code, which includes several articles relevant to involuntary psychiatric hospital admissions, there still appears to be a need for a comprehensive mental health law to address specific issues concerning civil commitment of the mentally ill. As a result of the lack of specific statutory regulation, an insufficient number of psychiatric hospital beds and limited appreciation of the safety risks involved in untreated mental illness, involuntary hospitalization remains an underutilized option by psychiatrists and the courts alike. In response to its concerned members, the Psychiatric Association of Turkey has appointed a task force to draft a proposed mental health law, entitled the "Psychiatric Patients' Bill of Rights." Although the draft suggests a model with emphasis on the right to psychiatric treatment, it also recommends close judicial oversight to prevent potential abuses of discretion by the system. However, this might present logistic problems in a country with already overburdened courts. Authors discuss the highlights of the draft within the context of Turkey's current cultural, social and judicial structure, and compare it to similar laws of other countries.     

演员在影视作品中是否享有肖像权

作为一名专职律师,本人代理了某人民艺术剧院著名演员、老艺术家(以下称原告)诉北京某五星级酒店(以下称被告)侵犯其肖像权案件,该案北京市东城区人民法院于2003年11月以(2002)东民初字第6226号《民事判决书》结案,判决书认定:影视演员在影视作品中享有肖像权。该判决无论是在民法、著作权法理论还是在司法实践方面均有重大的理论和现实意义,值得我们司法实践及法律理论工作者进行认真的思索和探讨。 [案情]2001年11月,原告与其几位艺术界同仁赴被告所属影艺食苑就餐,发现该餐厅内摆放的广告展示架使用了原告在《茶馆》中扮演的秦二爷的影视剧照(该剧照     

海峡西岸经济区服务贸易法律问题研究

福建作为海峡西岸经济区的主要中心,"十一五"规划实施以来在经济和社会发展方面取得了丰硕成果,但是福建现代服务业及服务贸易欠发达,难以适应经济的持续增长,产业结构整体市场竞争力不强,在一定程度上影响着经济增长的速度、质量和效益。加快服务贸易的发展是海峡西岸经济区经济结构调整的重要方面,也是福建跟上时代潮流,争取更大发展的需要。研究服务贸易及其法律问题对发展和丰富海峡西岸经济区的建设具有重要意义。