威尼斯和法国专利特权与私权的演化机制及其启示

专利制度演化规律向来是专利制度研究的难点问题,而演化经济学中的制度演化理论对专利制度深层次演化动因的研究提供了很好的分析工具。威尼斯专利特权和法国专利私权制度的历史演变验证了这一模型的解释力和可行性。在不同历史阶段,由于技术、经济和文化的耦合程度不一样,专利制度观念可能呈现不同的形式,但专利制度变迁的主角永远是那些根植于制度框架作出反应的、具有权势优势的行为体。他们基于各自的利益目的构造和形塑了具体制度的内容和制度变迁的方向。     

Judges as therapists and therapists as judges: the collision of judicial and therapeutic roles in drug treatment courts

This paper explores the implications of the expansion of judicial and therapeutic roles in a drug treatment court (DTC) in Canada. Issues that are raised are: how the courtroom is framed as a therapeutic space where public appearances by participants are part of the therapeutic process; how judges have taken on therapeutic practices, effectively compromising their traditional role as neutral arbiter; how certain women resisted therapeutic interventions by judges and felt they received harsher punishments than men; and how treatment counselors in DTCs are given powers of enforcement over their clients. The collision of judicial and therapeutic roles in the DTC results in negative consequences for individuals in the specialized courts. Specifically, DTC participants are expected to engage in a therapeutic relationship with their treatment counselors and the court; however, their right to confidentiality is withheld, and their treatment counselors act as agents for the court.     

我国当前民间借贷的特点、问题及其法律对策

我国当前民间借贷市场已经进入高级阶段,资金供需两旺,并具有迅速走红网络经济的发展趋势。然而,民间借贷相关立法滞后,市场监管缺位,司法主导突出,整个市场呈现出产生发展的内生化、投资主体的多元化、交易形式的电子化、法律规则的零散化、法律地位的尴尬化以及裁判结果依赖指导性解释等特征。民间借贷组织的主体地位问题、民间借贷合同的效力认定问题、民间借贷利率的法律管制问题、网络借贷平台的风险控制问题以及民间借贷交易的信息监测问题等日益突出,加强监管立法和监管机构主动执法,依法规范民间借贷行为,严厉打击高利贷,已成为金融生态建设中民间借贷法律规制的必然选择。     

Law as/of Property,Judgment as Dissension: Feminist and Postcolonial Interventions in the Networks

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique -     

Plastic bag as the method in suicide and homicide

The report describes a suicide and a homicide by suffocation in a plastic bag. Both cases were copy-cat acts. The suicide copied the method--taking medicines and pulling a plastic bag over his head from a personal model. In the homicide the perpetrator followed the example of a film sequence from the US feature film "Charade".     

民法法典化的价值、模式与学理

文章首先回答中国为什么需要民法典,民法典的价值理性和形式理性为其提供了存在上的正当性;其次探讨了中国民法法典化的模式,指出应以德国五编制为基础;最后提出了中国民法法典化的学术条件,成熟的学理研究是法典化的理论背景;同时作者还指出,民法典作为塑造世俗生活的根本规范,其功能极其有限,我们不应寄予民法典过大的希望。     

Latinos/as in the criminal and juvenile justice systems

With few exceptions, prior explanations of racially disparate punishment have followed a dichotomous approach (i.e., African American versus Caucasian), due in part to the limitations of existing data. Researchers have either excluded Latino/a, defendants or treated them as a monolithic group. Consequently, there is not much on Latinos/as, whose experiences with the criminal and juvenile justice systems differ from those of African American and Caucasian. This article expands on current literature by providing a thorough overview of existing literature on Latino/as. It critiques this body of literature and lists ten common methodological flaws that may contribute to findings of equal treatment. Finally, it provides a concise summary of the main subgroups within the umbrella term ‘Latino/a’ to highlight the heterogeneity within this classification.     

Research universities as actors in the governance of local and regional development

In the increasingly competitive, knowledge-based economy, universities have a variety of potential roles for stimulating economic development beyond teaching, research and technology development. In this article we focus on universities’ role as actors in the governance of local and regional development. Using recently developed theories about the emergence of heterarchical governance, we discuss the motivations, interests, structural arrangements, and contingent conditions for universities becoming actors and partners in steering regional economic development policy and contributing to regional problem-solving, and explore the how university involvement may increase the effectiveness of governance processes. We test several hypotheses and draw lessons for the design and participation of governance arrangements. Our results suggest that individual leadership initiatives and the quality or interpersonal working relationships among leaders may be more important than the particular structural arrangements for producing effective governance outcomes.     

关于监所检察机构改革的几点思考

监所检察机构如何改革才能更好地体现刑罚执行监督和监管执法监督的职能,一直是人们所关注的问题。监所检察机构的名称沿用20多年,这种以监督对象命名的做法,不能体现其应有的职能,这种一个部门承担多种职能的做法不利于监督工作的专业化和监督工作的有效开展。因此,监所检察机构必须改革。只有这样才能强化刑罚执行监督和监管执法活动的监督,推进依法治国、建设法治国家的进程。监所检察机构改革涉及更名和机构分立问题。更名必须与分立同时进行,不能简单更名了事,否则监督精力分散的问题仍难解决。监所检察机构应当分立为并更名为刑罚执行监督检察部门和监管执法监督检察部门,从而突出刑罚执行监督的重点,又将涉及公民人身权利的监管执法活动纳入检察机关的监督范围。     

Podcast as assessment: entanglement and affect in the law school

ABSTRACT

This article documents the “Orders in Decay” project, in which students taking the Law and Disorder module at the University of Warwick were required to produce a podcast as part of their assessment. The article situates the pedagogic benefits of student podcasting through the fields of legal storytelling, law and literature, and digital storytelling. It uses these to theorise three key moments in the podcasting process: the interview with an expert as an affective encounter with the ideas, the production of a complex and layered podcast that excites an affective response, and publication of the best of the podcasts to shift the students’ horizons of communication. Ultimately, the article suggests that the undergraduate is uniquely positioned between worlds – neither an expert nor a member of the public. As such, they are perfectly placed to mediate ideas and discussion in an affecting manner.     

论警察出庭作证的保障与实现

警察出庭作证对于刑事诉讼的实体真实和程序正义意义重大,但由于"侦查中心主义"诉讼模式的构造性障碍、程序性规则粗疏的规则性障碍以及观念淡漠、技能缺失的技能性障碍,警察出庭作证难以真正实现。为此,应当转变"侦查中心主义"诉讼模式为"裁判中心主义"诉讼模式、完善警察出庭作证的具体规则、培养警察出庭作证的意识和培训警察出庭作证的技能。     

Competition and quality as dynamic processes in the Balkans of American health care

The American health care system embodies a complex amalgamation of fractured and conflicting parts. As such, any call to enhance quality or competition necessarily presupposes some ability to introduce greater harmony and coordination. But how does one make a complicated system work well? Dynamic theories of economics stress the significance of section mechanisms, learning, and adaptive modes of behavior in directing markets toward more efficient outcomes under conditions of uncertainty. Unfortunately, the American health care sector suffers from intense factional divisions. Policy makers need a more self-conscious understanding of the interactive and often conflicting effects of regulation if the health care system is to be reshaped in a manner that will generate more desired social outcomes. Evolutionary theories of economics can provide the conceptual framework in which such a restructuring could take place. This article examines how health care quality and competition can be improved through a better understanding of dynamic economic processes and evaluates the Federal Trade Commission and Department of Justice 2004 report Improving Health Care: A Dose of Competition in light of these perspectives.     

推定是证明过程的中断

在诉讼活动中，事实认定是一个经验推论过程，证明是事实认定的基本方式，推定只是证明的一种辅助方法。作为证据法范畴，推定不是建立在相关性基础上的逻辑联系，其本质特征是在基础事实与假定事实之间创设某种法律关系。因此，运用推定认定事实时，必然造成证明过程的中断，这决定了其主要适用于民事诉讼领域，在一定程度上影响民事举证责任和说服责任。推定对准确价值的忽视和对效率等价值的追求，使其难以承载刑事证明的重任，不能替代对犯罪要件事实的证明，更不能成为确信无疑证明标准的例外，推定的滥用会危害刑事司法的公正性。     

Cathepsin activity in the myocardium and skeletal muscles as a sign of the time of death

Determination of postmortem interval according to the time course of cathepsins activity within 5 days since death was carried out using myocardium and skeletal muscles of white breedless rats and cadavers of people who died of craniocerebral trauma. Natural time course of changes in cathepsins activity was determined which makes it possible to use these values as one of criteria in determination of postmortem interval.     

Mainstreaming the Duty of Clarity and Transparency as part of Good Administrative Practice in the EU

Abstract: Language rights in the EU tend to be viewed in terms of the respect of national identity on the one hand and the clear and harmonised application of the internal market on the other. It is argued that an efficient language policy in the EU is one that reconciles respect for diversity with the need for effective communication. The use of specialist jargon in effect consolidates networks and power, of which there are two separate but related dimensions. The first is the external dimension of language, namely the lingua francaof deliberation, be it English, French, German, and so on. The second dimension refers to the use of élite codes, that is, language for ‘insiders’, which operates in spheres of politics, the law, economics, culture, medicine, and so on. It is the latter which the EU language rights régime has neglected. The absence of enabling provisions governing a duty of clear language renders democratic legitimacy intended by the former relatively meaningless. It is argued that the law can protect, facilitate, safeguard, and encourage clarity and transparency as part of good administrative practice. The duty to use language in a clear and comprehensible manner that has arisen in relation to producers in the EC law context of consumer rights is a useful case in point.