确定对俄经贸合作的主要领域,开拓俄罗斯市场

本文通过对俄罗斯市场的研究和分析,认为吉林省在开拓俄罗斯市场方面应增强紧迫感,确定经贸合作的主要领域,应在森林资源、矿产资源、农业资源、渔业资源、旅游业的开发和利用方面采取有利措施,有的放矢地开展与俄罗斯的经贸合作,提高吉林省的对外开放水平,带动国民经济增长。     

Farmers,factories and funds: organised crime and illicit drugs cultivation within the British Vietnamese community

This article explores the growth of organised crime within the Vietnamese community with particular reference to the cultivation of cannabis, money laundering and the smuggling or trafficking of children. The article begins by exploring the history and diversity of the ‘Vietnamese community’ in the United Kingdom and the role of Vietnamese culture in shaping their criminal enterprises. It then draws on research involving two sets of qualitative data: one set is based on 45 interviews with law enforcement personnel based in Vietnam and the United Kingdom as well as with key stakeholders in the Vietnamese community; the other set is based on structured questionnaires issued to 34 Vietnamese residents in Britain, 24 of whom are here illegally. It examines the relationship between illegal immigration of Vietnamese citizens to Britain and the urban cultivation of cannabis, in what has become known as ‘cannabis factories’, and the laundering of the profits abroad to Vietnam. After exposing the logistics of Vietnamese illegal immigration into Britain, the article concludes that those involved in cannabis cultivation, money laundering and people smuggling are primarily motivated by profit rather than ‘lifestyle’ concerns, and operate within what theorists of organised crime refer to as the ‘mono-ethnic criminal network’.     

Public reputation and organised crime: explicating the relationship between racket subcultures and informal social control

This paper examines the influence of traditional organised crime on informal social control in community areas that once had a presence of organised crime while controlling for neighbourhood attachment, satisfaction with the police, social and organisational ties, and tolerance of deviance. The data comes from the Community Survey of the Project on Human Development in Chicago Neighborhoods. The comparative quantitative method was used to analyse the data. The findings indicate that neighbourhoods with an historic reputation for organised crime can report higher levels of informal social control when compared to current racket areas in the city of Chicago. These findings have important implications for the study of deviance. Not only do they suggest that criminals can play an important role in controlling street crime, the findings also suggest that this public reputation remains long after organised crime activities have ceased in the area.     

发挥跨区域专门管辖优势 服务海洋经济和航运贸易发展

上海法院海事审判工作已经走过了三十年的历程.在这三十年的发展过程中,上海法院依法行使跨区域海事海商案件管辖权,重视审判经验的总结,在实践中不断完善跨区域案件管辖审判工作机制,充分发挥了跨区域案件管辖的审判职能作用,为上海国际航运中心建设和长三角沿海开发战略的实施发挥了重要的服务保障作用.     

内地与港澳跨境洗钱犯罪的刑事司法协助问题

洗钱犯罪不仅具有跨国性特点,也具有明显的跨境性。由于内地与港澳刑法对洗钱罪的立法差异,给打击跨法域的洗钱犯罪提出一系列的问题,内地与港澳共同合作打击跨境洗钱犯罪势在必行,包括合理确定跨境洗钱犯罪的刑事管辖权、拓展区际个案协查、促进三地间相互移交逃犯、加强洗钱犯罪收益的没收等四个方面。     

论计划经济与市场经济条件下的城镇治安

正确区分、认识和掌握计划经济与市场经济条件下城镇治安不同的特点,是做好当前城镇治安工作的前提和基础。文章从城镇治安“防控力”与“破坏力”、基本特点、主体职能任务、治安行政管理、公众参与动力及方式、群防群治力量、警民关系与警察形象等七方面比较了计划经济条件下和市场经济条件下城镇治安的差异。     

Trade marks plus? the role of trade marks in the global economy and the danger of over-protection

This article examines the economic role of the trade mark, both as a structuring device and as a means of adding value to products. It shows how its role as a flexible structuring device that provides a distinct focus for goodwill derives from the special meaning of the term “origin” or “trade origin” in trade mark law, this being what a trade mark is supposed to indicate. Firms can control the identity that a trade mark signifies and confers on the products with which it is used without being tied to any particular set of production arrangements. This article also considers how goodwill can be a source of economic benefit both through reducing transaction costs and, in some cases, through adding value to products. This article then examines the economic rationale for the legal protection of trade marks and shows how this is analogous to the rationale for awarding property rights over tangible resources and different from that for other forms of intellectual property right. The pressure to expand the legal protection of stronger trade marks is explored and it is accepted that there is an economic case for doing so. However, it is argued that the additional protection must be carefully calibrated through definitions that take account of its economic rationale and avoid the danger of over-extending it. In particular, this danger of over-protection arises from making a false analogy between stronger trade marks and the kind of intangible output that is the subject of the other forms of intellectual property right.     

强化诚信意识 确保我国市场经济健康发展

现代市场经济是建立在遵守承诺的契约基础上的经济,诚信是现代市场经济的基石。我国的诚信缺失给我国的市场经济发展带来了严重的后果,因此,必须在全社会强化诚信意识,使我国的市场经济朝着健康、有序的方向发展。     

Study on the contest between free trade and trade protection in the current global economic recession: A perspective of public international law

For a long time there has been a contest between free trade and trade protection as the best strategy of promoting local and global economy. When the globe is again in the midst of economic recession, this contest intensifies. The current recession knocks out a severe blow to free trade as the “game rules” of world economy and aggravates the perplexities of free trade in certain aspects, which then arouses suspicion on the legitimacy of free trade. In order to address domestic economic and social problems, the “stimulus packages” of some countries offer much support to trade protection, further intensifying this contest. Confronted with the global economic disaster, trade protection can be helpful for alleviating the pressure in a given economy and thus mitigating domestic contradictions in a short period, but it may also complicate the legal order of trade and bring hindrance to domestic markets as well as international ones, and consequently, it will jeopardize the rights and interests of ordinary consumers and even stir up the grievance and resentment domestically or internationally. As the current economic recession has been a pressing issue for all the countries, there is a dire need for concerted efforts in the globe to stimulate the vigor of world economy and tide over the disaster.     

Keywords,case law and the Court of Justice: the need for legislative intervention in modernising European trade mark law

Recent preliminary references to the CJEU on online keyword advertising and registered trade mark infringement have exposed the challenges facing EU registered trade mark law in its response to new technologies. These cases and the challenges they pose provide a timely prism through which to examine the European trade mark law-making process and the role of the CJEU within that process. This article will employ an analysis of the way in which the CJEU has developed certain key new aspects of the law on ‘infringing use’ to explore concerns over the CJEU's role and approach. It will be argued that, driven by policy considerations, the CJEU has acted creatively to develop the law of infringement in ways that cannot be sustained by the TMD and CTMR and which are likely to cause increasing uncertainties going forward. With the European Commission currently considering reform of Trade Marks Directive 2008/95/EC and Community Trade Mark Regulation 207/2009/EC, this paper will argue that there is a need for more comprehensive and forward-looking legislative intervention than has yet been proposed and that such intervention will be essential to restoring balance in the European trade mark law-making process.     

Traits and states at work: lure,risk and personality as predictors of occupational crime

This study linked individual characteristics to proximate factors operating in the moment of decision-making to predict occupational crime. We distinguished between people’s task-related conscience, as embodied by the Conscientiousness personality trait, and a more general moral conscience as embodied by the Honesty-Humility trait, hypothesizing that both traits are differentially related to the way situational characteristics, such as costs and benefits, are perceived. We operationalized the concept of ‘felt lure’ emanating from the benefits of a crime, defining it as an affective state that tempts people to commit a criminal act, and examined it next to perceived risk of sanction as a proximate predictor of criminal choice. In line with our predictions, Conscientiousness and Honesty-Humility significantly predicted occupational criminal choice as did felt lure and perceived risk. Specifically, perceived risk and felt lure mediated the relations between Conscientiousness and Honesty-Humility on the one hand, and occupational criminal choice on the other.     

China's new regulatory regime tailored for the sharing economy: The case of Uber under Chinese local government regulation in comparison to the EU,US, and the UK

Although Uber's arrival in China has resulted in disruptive competition for incumbent taxi companies, it offers an attractive alternative in China's supply-demand-imbalanced urban passenger transport system. China's regulatory regime for Uber has evolved in three stages: from the regulatory vacuum prior to 2015 to its official legalization in 2015–2016, and the enactment of numerous local regulations in 2016, with specific and more demanding requirements for Uber. This policy is a part of the Chinese approach to the gradual liberalization of the urban passenger transport market. Policymakers should consider ‘fair competition’ as the guiding principle to balance the interests of sharing firms and incumbent service providers, as well as between different sharing firms. The core value of this principle lies in the benefits it provides for consumers and the way it engenders a pro-competitive market environment. The labor protection arrangements for sharing firms’ laborers should be more flexible and diversified. In order to recognize whether an Uber-Driver is an employee or independent contractor, a new standard taking into account a range of factors should be established through collective negotiations between the participants of the sharing economy, and dialogues between members of the judiciary, academics, and the policymakers. Further, consumer protection law and personal data protection provisions should apply when sharing firms misuse their distinctive algorithmic management model to compete unfairly to the detriment of consumers and other users. Ex ante regulatory measures designed to protect the personal data of users should be introduced for deployment in the context of the sharing economy. When enforcing these rules, a balance should be struck ensuring free data flow that is essential to sharing firms’ innovation and competition, and the need to ensure the level of data security required to underpin a well-functioning sharing society.