法释〔2009〕3号评析

最高人民法院为规范驰名商标保护而制定的相关司法解释（法释[2009]3号）未能对《商标法》第十三条作出正确解释。其主要问题在于,对“容易导致混淆”和“误导公众”做不同的解读,擅自引入淡化理论却又把“混淆”和“淡化”混为一谈,对商标淡化的构成条件缺乏明确认识。在《商标法》未修改前,最高人民法院应加强对商标淡化理论的深入研究,以待条件成熟时提出修改建议,而不是擅自将“减弱驰名商标的显著性”作为认定侵权的标准之一。     

The Bite Mark Standard Reference Scale--ABFO No. 2

A scale of spatial reference for bite mark photography has been developed and evaluated. The scale incorporates both linear and circular graduations to meet the diverse needs of practicing forensic odontologists in the rectification and measurement of photographically recorded bite marks. Its unique L-shaped configuration ensures accurate scaling in both the vertical and horizontal directions and facilitates the gridding of photographs to correct for distortional errors created by oblique camera angles. This paper describes the design and constructional features of the scale and offers guidelines for its effective application to bite mark photography.     

警事治理:国家警事社会化的新定义

治理理论对国家与市民社会关系的认识思路是国家和市民社会相互"型塑"达致社会公共事务管理的"善治"。在国内外警务战略模式变革中成为潮流的"国家警事社会化"战略,是指在警察机关专业警务活动的同时,动员社会组织和社区公众共同参与防控违法犯罪、维护社会治安秩序活动的过程。显然,"国家警事社会化"寻求警察与社会组织及社区公众的互动合作基础上公共安全管理的改善。因为警察与国家的对应、社会组织及公众正是市民社会的具象,所以可以用治理理论作为分析"国家警事社会化"的框架,并将其定义为"警事治理"。     

Subject Index2001(No:page)

AApplicationof“Goldensection”inFootmarkexamination１：１３AnalysisofdecompositionalproductsofdiazepaminurinebyGC／MS３：３１Analyticalpyrolysisderivatizationtechniqueanditsapplicationsinforensicscience３：３３Astudyoninfraredspectraofsomeaminoresinpaints４：２５Astudyonalterationandlocalizationofacidphosphatase（ACP）inbrainafterbraindeath５：１７Analysisofmidazolaminrobberycases５：３３Astudyonestimationofagefromthechangeoftheheel'scutile６：８AnimprovedmethodforextractingDNAfromskel…     

Catching Cybercriminals: Policing the Internet

This article seeks to contribute to the existing debate(s) over the governance of cyberspace by focusing not upon legal frameworks, which have been already been the subject of much good work, but upon the enforcement of law. What is missing from much of the recent debate has been a substantive discussion of some of the practical problems of policing the Internet, such as by whom and how it should be (is being) policed. Such considerations are becoming increasingly important as the inhabitants of cyberspace multiply in number. It is argued that much of the debate over the policing of the Internet has tended to be driven by moral panics. As these panics subside it is becoming clear that there is clearly a confusion in the literature between the potential and actual harms that can be inflicted by cybercrimes. Consequently, we must be wary of reports which exaggerate the extent to which cybercrimes have proliferated, especially when those reports appear to originate from bodies who are currently engaged in the growing cybercrime industry. Furthermore, the legal problems appear to be less considerable as previously thought, especially with regard to the conflict of laws. This is not to say that there is not a problem, for there clearly is, but the article suggests that some of the undesirable behaviours will work themselves out, some will be eradicated by technology, whilst the remainder will continue to challenge our traditional understandings of crimes and deviant behaviours and the way that we police them. The first part of this article will look briefly at the growth of cybercrime: at what it is, who are the offenders and who are their victims. The second part will look at current models of policing the Internet and the third part will explore the appropriateness of the terrestrial policing model to the treatment of cybercrimes.     

Cross-Border Criminal Investigation in the Meuse-Rhine Euroregion: International Policing and the Theory of (inter-) Organisational Conflict

This article presents findings of the research by Nelen, Peters and Vanderhallen (2013b) regarding cross-border police cooperation in the Meuse-Rhine Euroregion. These findings are scrutinised in light of the conceptual framework of inter-organisational conflict (Scott, Austral Social Work 58:132–141, 2005) to provide an enhanced and more in-depth analysis of the possibilities and difficulties in international police cooperation. Potential conflict between cooperating organisations is identified by five levels of analysis: (i) inter-organisational; (ii) intra-organisational; (iii) inter-professional; (iv) interpersonal and (v) intra-personal. Obstacles for international police cooperation are mainly found at the inter-organisational level and interpersonal level. Particularly, the Euroregional police organisations and their case management systems are ill attuned, creating conflict in cooperation. The article concludes with the potential benefits for further police cooperation in the Meuse-Rhine Euroregion which are identified through the analysis and provides feedback on the conceptual framework.     

Predictable Policing: Measuring the Crime Control Benefits of Hotspots Policing at Bus Stops

Objectives

A fairly robust body of evidence suggests that hotspots policing is an effective crime prevention strategy. In this paper, we present contradictory evidence of a backfiring effect.

Methods

In a randomized controlled trial, aimed at reducing crime and disorder, London’s ‘hottest’ 102 bus-stops were targeted. Double patrol teams of Metropolitan Police Service uniformed officers visited the stops three times per shift (12:00–20:00), 5-times per week, for a duration of 15 min, over a 6 month period. Crucially, officers arrived and departed the bus stop on a bus, with significantly less time spent outside the bus stop setting. Outcomes were measured in terms of victim-generated crimes reported to the police and bus driver incident reports (DIRs), within targeted and catchment areas. We used adjusted Poisson-regression models to compare differences in pre- and post-treatment measures of outcomes and estimated-marginal-means to illustrate the treatment effect.

Results

DIRs went down significantly by 37 % (p = 0.07) in the near vicinity of the bus stops (50 m), by 40 % in the 100 m catchment area (p = 0.04) and marginally and non-significantly in the farthest catchment (10 %; p = 0.66), compared to control conditions. However, victim-generated crimes—the primary outcome measured in previous experiments—increased by 25 % (p = 0.10) in the near vicinity, by 23 % (p = 0.08) and 11 % (p ≤ 0.001) within the 100–150 m catchment areas, respectively.

Conclusions

These findings illustrate the role of bounded-rationality in everyday policing: reductions in crime are predicated on an elevated perceived risk-of-apprehension. Previous studies focused on clusters of addresses or public facilities, with police moving freely and unpredictably within the boundaries of the hotspot, but the patrol areas of officers in this experiment were limited to bus stops so offenders could anticipate their movements. Hotspots policing therefore backfires when offenders can systematically and accurately predict the temporal and spatial pattern of long-term targeting at a single location.