The Legal Regulation of Invention in the USSR

Invention and scientific and technological progress. One of the main tasks before us in the development of the national economy of our country in light of the decisions of the XXVI Congress of the CPSU is increasing the pace of scientific and technological progress as a decisive condition for transferring the economy to a path of intensive development and raising the effectiveness of public production.¹ Scientific and technological progress is a dynamic and multifaceted process of improving all aspects of public production on the basis of science, technology, and the leading experience. Its essence consists in the fact that scientific progress joins technological progress in the single process of the scientific and technological development of society.²     

刑事科学技术的发展与思考

刑事科学技术是一门涉及多学科的综合性应用科学。经过广大刑事科学技术工作者半个世纪的努力拼搏，我国刑事科学技术事业已经从较为原始落后的基础上逐渐成长起来。科学理论充分发展，科技成果不断涌现，应用领域日益广阔，所起作用显著增强，已成为我国公安工作的重要组成部分。     

Law and the New Potentials of Biology

The biological stage of the revolution in science and technology represents a continuing and accelerating "switching" of science to a focus on man as studies advance from the lower to higher levels of organization of animate systems. With the help of science, the nature of man will adapt itself more and more to new environmental conditions as they change under the influence of scientific and technical progress. Attainment of this objective involves further development of human genetics and genetic engineering. Its next stage, with respect to man, will be "correction" of the functioning of pathological genes, and later will come replacement of them by normal ones, thereby opening a new road to prevention of hereditary disease. The first achievements along these lines have already been attained in the form of successes in the synthesizing of genes and development of methods of introducing them into the genetic apparatus. A number of forms of genetic management pose important ethical and legal problems: the use of transplants from cell nuclei to obtain numerous copies of identical organisms (vegetative multiplication); the possibility of artificial fertilization of the human egg followed by reimplantation into the womb; prenatal diagnosis of possible genetic disease by biochemical or cytogenetic analysis of the amniotic fluid. Such analysis is already in use. Artificial fertilization is also possible now, although genetic management in this connection will become a reality only some years hence. Vegetative multiplication is not yet possible with respect to human beings, although that possibility cannot be ignored.     

知识产权私权性质的变化及其与技术创新政策的协调机制探析

从知识经济时代知识产权传统私权性质的变化以及知识产权法律公法属性增强的现实出发,阐 明21世纪在作为重要生产要素的知识产权已经成为社会科技进步和经济增长的主要动力的前 提下,技术创新政策与知识产权法律的协调配合就成为整个激励智力创造和技术创新制度安排 的必须。对技术创新政策与知识产权法律的协调机制从总体上进行探讨,并就科技计划制定和 科技战略规划、科技成果界定及其知识产权归属以及科技成果的奖励制度等方面作了具体研究。     

地方科技进步立法与科技创新规律的协调研究

科技创新对社会的发展起着巨大的促进作用,地方科技立法要促进科技创新的发展必须遵循科技创新规律,符合科技进步的内在要求。但目前地方科技立法与科技创新规律不协调的状况依旧存在,地方科技进步立法须作进一步完善,须充分发挥科技人员的积极性,加大投入,促进科技成果的转化,鼓励可持续创新。     

H. G. Wells's The Time Machine and the “Odd Consequence” of Progress

The Time Machine of H. G. Wells stands as one of the foundational works of science fiction. It is a true product of its time, a reflection of the fast pace of technological development and social change that makes a romance of the ideology of advancement for its own sake. But between the lines of its “adventure” plot, we find evidence of another, more complex story being told. Wells's work is plagued by ambivalence about the outcome of social and scientific progress—the selfsame progress that gave birth to the time machine in the first place. The Time Machine, in short, is preoccupied by an anxiety about a catastrophe just around the corner, not one born of global war or political turmoil but rather of the absence of turmoil, of need, of struggle. The idea and possibility of fiction itself becomes entangled in this problem of the everyday catastrophe, as it nearly suffocates under the conditions of the utopian society which it creates.     

Prevention science,drug abuse prevention,and Life Skills Training: Comments on the state of the science

There has been tremendous growth in the field of prevention science over the past two decades. The defining features of contemporary prevention science are high quality empirical research using rigorous and well-established scientific methods, careful hyphothesis testing, and the systematic accumulation of knowledge. One area where substantial progress has been made is in our understanding of the etiology and prevention of tobacoo, alcohol, and illicit drug abuse. In this paper, we review the growth in prevention as a scientific enterprise, discuss advances in drug abuse prevention research, and review the effectiveness of one approach to the problem of adolescent drug abuse, the Life Skills Traning (LST) program, and the methodological strengths of the LST evaluation research. In addition, we provide a response to criticism regarding two types of data analysis in evaluation research, and show that these analyses can help address a number of important research questions with implications for theory and practice. First, the analysis of high fidelity subsamples can address research questions about the importance of program implementation fidelity; and second, composite measures of concurrent tobacco, alcohol, and marijuana use (i.e., polydrug use) are useful in testing research questions about program effects on more serious levels of drug involvement. With an increasing number of ramdomized controlled trials underway, the field of prevention science is contributing to a new generation of evidence-based approaches and policies that, if widely utilized, offer the potential of reducing the mortality and morbidity associated with a number of major health and social problems.     

Lacan, Science, and Law: Is the Ethnography of Scientism Psychoanalytic?

By adopting an idealized conception of the scientific enterprise, mirroring scientists' own self-conception, courts minimize the social and rhetorical aspects of science as ornamental, contingent, and eliminable. Lacan's reflections on science, and on the question of whether (or in what sense) psychoanalysis is scientific, parallel and enrich the efforts in science studies to show that the social and rhetorical aspects of science are co-productive, constitutive, and inevitable. Specifically, Lacan's identification of science as a discourse in denial of its subjectivity leads to a psychoanalytic re-orientation of ethnomethodology - an anthropological approach now favored in science studies. In the context of litigation involving scientific expertise, attorneys already assume, in their depositions and cross-examination, the role of ethnographers on foreign ground, but to the extent that the discourse of science replaces or dominates the discourse of law, legal ethnographers should also assume the role of analysts exploring the unconscious of science. This revised version was published online in July 2006 with corrections to the Cover Date.     

法医毒物检验技术方法的评价方式

评价方式是评价技术中的重要组成部分。根据法庭科学领域毒物检验方法的技术特性与质量要求,在明确评价目标与原则的基础上,以评价指标为核心提出合理化的、可操作的评价方式。建立有效的评价方式,旨在通过科学的评价活动获得客观的评价结果。     

开发科技人才潜能,振兴吉林老工业基地——对我省科技人才开发策略的几点建议

科学技术已经成为最大的生产力,成为各国实现现代化的最大推动力。发展科学技术的关键在于充分发挥科技人才的创造性,使他们有良好的学习条件和工作环境,创造出更多的科技成果,并能尽快地在经济和社会的发展中产生巨大的作用。党中央做出振兴东北老工业基地的战略部署,同样也对科技人才的智力支撑和保障提出了更高的标准和要求。迅速开发科技人才潜能,全面提升其综合素质,已是我们无法回避并且必须立即回答的问题。     

Nature and place of crime scene management within forensic sciences

This short paper presents the preliminary results of a recent study aimed at appreciating the relevant parameters required to qualify forensic science as a science through an epistemological analysis. The reader is invited to reflect upon references within a historical and logical framework which assert that forensic science is based upon two fundamental principles (those of Locard and Kirk). The basis of the assertion that forensic science is indeed a science should be appreciated not only on one epistemological criteria (as Popper's falsification raised by the Daubert hearing was), but also on the logical frameworks used by the individuals involved (investigator, expert witness and trier of fact) from the crime scene examination to the final interpretation of the evidence. Hence, it can be argued that the management of the crime scene should be integrated into the scientific way of thinking rather than remain as a technical discipline as recently suggested by Harrison.     

A general approach to Bayesian networks for the interpretation of evidence

Bayesian networks (BNs) are mathematically and statistically rigorous techniques for handling uncertainty. The field of forensic science has recently attributed increased attention to the many advantages of this graphical method for assisting the evaluation of scientific evidence. However, the majority of contributions that relate to this topic restrict themselves to the presentation of already "constructed" BNs, and often, only a few explanations are given as to how one obtains a specific BN structure for a given problem. Based on several examples, the present paper will therefore attempt to explain in more detail some guiding considerations that might be helpful for the elicitation of appropriate structures for BNs.     

Science, PIC and POPs: Negotiating the Membership of Chemical Review Committees under the Stockholm and Rotterdam Conventions

Multilateral environmental agreements (MEAs) often have close relationships with scientific and technical advisors, and as international policy makers negotiate the post-Rio generation of MEAs, there has been an increased emphasis on establishing science advisory bodies (SABs) as part of the institutional design of MEAs. This article will examine the negotiations of the design, membership and roles of the science advisory bodies to two of the most recent additions to the MEA landscape: the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade; and the Stockholm Convention on Persistent Organic Pollutants. A particular emphasis will be placed on concerns over membership, examining how policy makers have sought to achieve representative membership by ensuring that the limited number of experts on a SAB reflect the national, economic and geographic diversity of stakeholders (capturing interests of those benefiting and suffering from the problem or its solution), while also maintaining an institutional and disciplinary diversity suitable to the nature of the problem (including those directly or traditionally implicated in the study or management of the problem, whilst still allowing input from other experts more tangentially related, who are likely to identify inter-problem linkages).     

Employment Discrimination Law and Industrial Psychology: Social Science as Social Authority and the Co‐Production of Law and Science

This article combines Monahan and Walker's classification of social facts, social authority, and social frameworks with political‐institutionalism's view of law and science as competing institutional logics to explain how, and with what consequences, employment discrimination law and industrial‐organizational (I‐O) psychology became co‐produced. When social science is incorporated into enforcement of legislative law as social authority—rationale for judicial rule making—law's institutional logic of relying on precedent and reasoning by analogy ensures that social science will have ongoing influence on law's development. By helping set research agendas and providing new professional opportunities, institutionalized legal doctrine shapes social science knowledge. But because of differences in institutional logic, wherein legal cumulation is backward looking whereas scientific cumulation is forward looking, co‐production of law and science may produce institutional mismatch between legal doctrine and scientific knowledge.     

The Development of Legal Regulation of International Industrial Trade Exhibitions

Economic, scientific, and technical relations with foreign countries,¹ one form of which is international exhibitions, are an important aspect of the activity of the Soviet state. The origin of exhibits is associated with the rapid growth of capitalist industry in the late eighteenth and early nineteenth centuries. Exhibitions of this period were, for the most part, of a national or regional character and took place under the aegis of conventional law.     

On the added value of forensic science and grand innovation challenges for the forensic community

In this paper the insights and results are presented of a long term and ongoing improvement effort within the Netherlands Forensic Institute (NFI) to establish a valuable innovation programme. From the overall perspective of the role and use of forensic science in the criminal justice system, the concepts of Forensic Information Value Added (FIVA) and Forensic Information Value Efficiency (FIVE) are introduced. From these concepts the key factors determining the added value of forensic investigations are discussed; Evidential Value, Relevance, Quality, Speed and Cost. By unravelling the added value of forensic science and combining this with the future needs and scientific and technological developments, six forensic grand challenges are introduced: i) Molecular Photo-fitting; ii) chemical imaging, profiling and age estimation of finger marks; iii) Advancing Forensic Medicine; iv) Objective Forensic Evaluation; v) the Digital Forensic Service Centre and vi) Real time In-Situ Chemical Identification. Finally, models for forensic innovation are presented that could lead to major international breakthroughs on all these six themes within a five year time span. This could cause a step change in the added value of forensic science and would make forensic investigative methods even more valuable than they already are today.     

关于吉林省科技人才开发的基本构想

科学技术是第一生产力,而科学技术的直接创造者和载体是各级各类科技人才,因此,对科技人才的开发与利用十分重要一、芩文在分析目前吉林省科技人才队伍存在的问题及原因的基础上．结合吉林省振兴吉林老工业基地的实际以及对人才的需求情况．提出了吉林省科技人才开发的基本构想。     

Stem cell frontiers: science, ethics and regulation

The isolation of human stem cells and the cloning of "Dolly" in the late 1990s, based on primate and other animal studies in the previous 20 years, created an explosion of interest that continues with daily reports in much of the world's press. The science has progressed steadily but not always smoothly, with promising discoveries in the potency and flexibility of cells derived from embryonic, umbilical cord and adult tissues. The promise of a revolutionary new era in health and medical sciences and systems requires careful scientific method, ethical debate and supportive legal and regulatory frameworks to achieve success. The frontiers of the science are focusing on the regulation of cell lineage choice and the development of designer stem cells for therapeutic cloning; the ethical debate focuses on the special status of the human embryo and the pathways to applications; while legal and regulatory frameworks differ around the world. There is some risk that the promises are overtaking the reality of progress, with the rush for results and premature offering of dubious remedies compromising scientific method and credibility. Stem cells should not be the snake oil of our times, nor should short cuts and short sell promises, fuelled by illusions of fame and fortune, risk the trust of the public in science and medicine.     

Ethical aspects of scientific progress

Ethics and science are much more closely connected than some people assume. Erroneous perceptions of the nature of ethics are the probable cause of this. Ethics is an intrinsic and productive component of scientific work, not some external or retrospective obstruction of “real” scientific research. The ethical component is positively influenced by a thorough knowledge of the discipline it belongs to. Science thrives in a climate of freedom, but this must not be used as an alibi to circumvent social responsibility and ethical concern. Ethical science has a direct bearing on science policy. Giving due attention to the ethical aspect of scientific work leads to several tangible results. It increases interdisciplinary openness, it promotes the communicability of science, and, ideally, it demonstrates the difference between knowledge and wisdom. This revised version was published online in July 2006 with corrections to the Cover Date.