盗窃游戏物品与网络犯罪

随着我国网络游戏的发展,盗窃网络游戏物品的现象日趋严重,如何认定游戏物品的财产价值和盗窃游戏物品的行为是否构成犯罪,都是值得深入研究的,这不仅关系到目前如何保护我国游戏玩家和运营商的利益,也为我国未来相关立法作好理论准备。     

Pistol image retrieval by shape representation

Databases have been used to record data in forensic science, such as fingerprints, shoeprints, and photos. In traditional databases, we use “text” as the “keyword” for retrieving data (text-keyword retrieval); however, in some applications, “text” is not proper to describe the searching target, and in this case, “image” plays an important role. In this paper, we use “image features” as the “keywords”, and show its potential for building up a prototype of pistol image databases.In current firearm databases of forensic science, the retrieval method is still by text-keyword retrieval. For experienced forensic examiners, this kind of databases may satisfy their requirement. However, for people who have little gun knowledge, how can they find the possible gun candidates or similar guns in the databases, if there are not any available words or marks on the gun? In this paper, we try to retrieve similar pistol images by the pistol shape instead of “text-keyword”. This method can narrow down the searching range while identifying pistols by firearm databases.There are more than 300 pistol images in our pistol image database. From the experimental results, we can retrieve the similar pistol images in top five candidates for each pistol image.     

刑事被害人的权利保护

刑事诉讼中,国家追求的目标是追究和惩罚犯罪,而对被害人来说可能更关注自身受损利益的恢复和补偿。然而,我国的刑事诉讼制度对保障被害人权利方面的立法非常有限,在司法实践中被害人的权利往往得不到保护。应借鉴西方国家维护被害人求偿权的立法和实践,结合我国刑事立法和司法实际,主要从公诉案件被害人的权利救济切入,从立法上完善刑事被害人对犯罪追诉权的法律保护,在司法上完善执行阶段对刑事被害人权利的保护的相关措施。     

The Government and the Opposition: Postscript to the Presidential Elections

Boris Yeltsin, who won an impressive victory in the 1996 presidential elections, used "Do not allow the country to return to Communism" as his principal campaign slogan. His supporters concentrated all their propaganda on this theme: we must move forward and continue the reforms, or return to the past. As a result, the extremely difficult problems facing the country today were, so to speak, put on hold. There was no serious discussion of how the reforms should be continued or which direction they should take.     

Tax treaties with developing countries and the allocation of taxing rights

Worldwide income taxation in the country of residence is a legal dogma of international taxation. We question this dogma from the perspective of relations between developed and developing countries from legal and economic perspectives, and make a modern and fair proposal for tax treaties. We show under which conditions a developing and a developed country will voluntarily sign a tax treaty where the developing country is more inclined to share the information with the developed country and whether they should share revenues. Moreover, we demonstrate how the conclusion of a tax treaty can assist in the implementation of a tax audit system in the developing country.     

The temporary migration of males and the power of females in a stem-family society: The case of 19th-century Auvergne

The phenomenon of men's migration from Auvergne to Spain in the 19th century is studied through the eyes of married peasant women. These migrants' wives had to change their way of life during their husbands' long absences, not only in bringing up their offspring, but also in hiring servants, and overseeing the work in the fields — often working there themselves. In many cases, they assumed full financial responsibilities. These women wrote to their husbands in French, although they spoke a country dialect. Unlike most of their neighbors, they developed their intellectual capacities and broadened their horizons. Their letters reveal how dignified and levelheaded the migrants' wives remained, and how they wanted to show themselves to best advantage. The men's letters, written in paternalistic tone implying the wives' submissiveness, were full of advice about how to cope with material difficulties. These peasant women were completely different than the bourgeois women of the same century: they learned to make decisions by themselves and take on a myriad of responsibilities, which often required self-sacrifice. Because of them, households were not disrupted.     

Precursor Crimes to Terrorism and the Local Prosecutor's Role in Disruption

Much of the discussion of terrorism prosecution focuses on the federal judicial system or the use of military tribunals. The passage of state anti‐terrorism legislation in response to September 11, 2001, raises the issue of what role local prosecutors might play in responding to terrorism. Of particular interest is the role that local prosecutors have in identifying offenders who have committed crimes that may be precursors to terrorism and how they gather and share information. Using data from a survey of the 112 largest prosecutors’ offices in the country and information gained from case studies, this study explores the local prosecutor's role in responding to terrorism, how they are involved in the identification and prosecution of precursor crimes, and the overlap between federal and state prosecution.     

Sweden in 1930 and the 1930 census

The primary goal of censuses has always been to collect reliable information on the state’s population and provide a basis for governmental decision-making. This study examines the categories used in the 1930 census and links them to the context in which they were generated. We treat the census as a tool of state power, which can be discerned from the definitions of its categories and the way in which statistics are collected and used. The guiding question of the study was “how does the 1930 census differ from previous censuses and how can these differences and changes be explained?” We find that as in earlier censuses, Statistics Sweden used extracts from the parish books on the individual level to collect information for the 1930 census, but also used diverse supplementary sources including tax registers, income tax returns and language surveys. Thus, unlike in most countries, Sweden did not send out census takers or questionnaires to the population. Many of the new or updated variables we see in the 1930 census such as income, wealth, and number of children born, can be related to the political and social debate concerning the poor working class and the establishment of the welfare state. The inclusion of categories such as ethnicity, religion, and foreign nationality can be seen as part of a normative approach wanting to control, monitor and correct deviant elements of the Swedish population.

Sweden has several extraordinary longitudinal population databases built on the country’s excellent parish registers dating back to the 18th century. While the Swedish censuses have rarely been used as sources of data for historical analysis, this work demonstrates that the 1930 census has great potential to support new research.     

国外药品不良反应损害救济制度述评及其对我们的启示

药品在发挥诊断、治疗、预防疾病功能的同时必然会伴随不良反应的发生。对于不良反应的后果是否应当救济 ,或在多大范围内救济 ?就这一问题 ,考察了德国、日本、美国以及我国台湾地区相关的判例和立法例 ,尽管上述各国和地区在救济方式或立法模式上有所差异 ,但对于药品常见且可预期之外的不良反应以及疫苗中毒所致人身损害应当救济则是一致的 ,这也是我国在完善或制定相关法律时值得借鉴的。     

PROTECTING YOUTH PLACED IN UNLICENSED,UNREGULATED RESIDENTIAL “TREATMENT” FACILITIES

Throughout the country, there is considerable inconsistency in how states regulate residential treatment programs for youth. In states with little oversight, the health and safety of youth are unprotected and they may be subject to substandard treatment, rights violations, and/or abuse. Three initiatives to address this issue are reported: (1) an Internet survey of youth who are former residents, (2) a four‐state pilot study of how states regulate and monitor residential programs, and (3) a bridge‐building conference between residential treatment providers and mental health leaders. Recommendations address the next steps for lawmakers, lawyers, judges, mental health and education professionals, and parents.     

Direct‐to‐Consumer Genetic Testing,Gamete Donation,and the Law

Once thousands of dollars, direct‐to‐consumer (DTC) genetic testing has become affordable and readily accessible in recent years. The technology can reveal a wealth of information to consumers: health risks, ancestry composition, and connections to genetic matches through relative databases. However, the law has not yet regulated many aspects of this new technology. This article analyzes how the law should regulate DTC genetic testing within the context of gamete donation. It will argue that gamete donors’ privacy interests warrant state regulation of DTC genetic testing kits and their associated genetic relative databases. It will also explore how state regulation should balance the competing interests of gamete donors and of donor‐conceived individuals.     

中国和埃塞俄比亚宪法比较研究

埃塞俄比亚联邦民主共和国宪法和中华人民共和国宪法均对公民的平等权、民族平等权、妇女权益、宗教自由、司法独立、环境保护等诸多方面作出许多类似的规定;但两国在有关土地所有权、迁徙自由、计划生育、地方行政管理、主席(总统)和总理的权力等方面却有不同的规定。     

The Mariel refugee and the New York Criminal Court

In the spring of 1980, the Mariel Boat Lift brought refugees from Communist Cuba to the shores of Florida. Most refugees came seeking political freedom, but many were sent by the Cuban Government directly from its prisons and mental institutions. Literal rejects of their own society, they arrived in this country and spent many months interned in refugee camps. As they moved out into local communities, their behavioral problems began to come to the attention of local authorities. This paper describes the "Marielitos" seen in the Forensic Psychiatry Clinic for the Criminal and Supreme Courts of New York between mid-1980 and mid-1985. It explores how their reactions to their new environment may be affected by their past psychiatric and criminal histories, their language barrier, and the stress of the emigration experience.     

符号学王国的构建：语言的超越与超越的语言——巴赫金与洛特曼的符号学理论研究

巴赫金的社会符号学和洛特曼的结构文艺符号学是构成原苏联符号学王国的两根重要理论支柱 ,其理论影响引起了我国文艺学界和符号学界的普遍关注 ,但至今还主要是对他们理论的分别研究 ,尚未比较他们之间的理论特色和方法论特征。本文则力图比较巴赫金与洛特曼的符号学研究方法 ,探索他们如何从语言学和超语言学的不同途径 ,共同走向社会文化系统研究 ;揭示他们怎样打破二元对立的思维模式 ,构建多元共生的批评模式 ,从而指出他们对符号学乃至整个人文社会科学研究的贡献     

The Transformation of Legislative Elites: The Cases of Britain and Germany since the 1860s

Drawing on databases going back to the middle of the nineteenth century, this article examines how changes in the opportunity structures in political recruitment have influenced the socio-economic backgrounds and career patterns of British and German MPs. Extending opportunity structures enables legislatures to respond to socio-economic changes in society, but there may be a significant time-lag before they are reflected in the legislature. In spite of significant differences in their political history, there has been a convergence of socio-economic backgrounds and career patterns, driven largely by changes in the opportunity structures, which, particularly in the German case, preceded the full impact of changes in political culture. This convergence does not preclude significant differences, but these are principally the product of particular factors, such as party and electoral systems, and changes do not necessarily occur simultaneously, but the tendency towards similar educational and occupational backgrounds and similar career patterns remains.     

How Does the Criminal Justice System Operate from an Empirical Point of View? An Analysis of the Netherlands Case

This study analyzes how the Dutch criminal justice system works from an abstract and a practical perspective. Using data collected through quantitative (police and prosecution databases) and qualitative (interviewing of key participants familiar with the databases and observation of some ongoing trials) procedures, it identifies the main features of this system as well as the main problems that researchers might have when working with data recorded by the police and the prosecution service. This is a methodological paper that intends to contribute with the data analysis research in this field.     

Constitutional Review in the Member States of the EU-28: A Political Analysis of Institutional Choices

Literature in law and political science has suggested a number of factors explaining choices on the implementation of constitutional review. However, so far little is known about how such factors combine in order to lead to different models of review. With the aid of configurational research, this article sheds light on that question for all countries of the current EU-28. In this region, the Kelsenian model of specialized courts, the system of review by the judicial branch, and the model of parliamentary sovereignty still currently coexist. This article shows that phenomena such as the type of legal family of the country, an authoritarian past, or political fragmentation play a major role in choices of models of constitutional review. However, it is only when they combine that they are capable of leading to particular outcomes.     

Can Us-Type Court Management Approaches Work In Civil Law Systems? Experiences From The Balkans And Beyond

The benefit of applying modern management approaches to court operations to ensuring access to justice, timely and transparent dispositions, and increased public trust in courts is recognized in many countries. In the USA, the art of applying modern management techniques to court operations has evolved over the past 30 years into a now solidly established profession. Since the underlying principles and techniques of modern court management, such as case flow management, goal-oriented performance measures, workload assessments, customer surveys, etc., are derived from general management concepts they are not tied to a particular legal system or framework and can be successfully applied in non-US systems if they are properly adjusted. Interested in the positive results of court management in the USA, researchers and practitioners in several European countries have been looking at the applicability of the approaches used in the USA to improve their own ability to manage court processes more efficiently.Since court management has become a main staple of reforming court operations in the USA, it is not surprising that US-funded development assistance in the Balkan states and other countries often involves transferring court management US-style into the newly evolving democracies as part of rule of law or commercial sector development assistance. These projects frequently introduce, among others, case flow management techniques that sometimes seem to be in conflict with underlying legal principles or procedural laws, and often defy the local legal culture. The US-funded assistance programs are often introduced parallel to efforts funded by European and other donors, which may take and suggest different approaches to the host country. As a result, confusion and insecurity about which approaches are appropriate for a particular country can arise and impede much needed reforms or lead to legislative and regulatory changes that do not mesh well or even conflict with other parts of the legal framework.This article reviews the role of US-based court management approaches in recent court reform efforts under way in Serbia, Bosnia, and Croatia and, in light of lessons learned there and in other countries, assesses the reform processes applied and their status. It also outlines how these court management approaches fit into non-US court systems, how they can be adjusted according to individual country needs and what the main obstacles are that such reform efforts generally face.