转化型抢劫罪成立的条件

转化型抢劫是抢劫的一种特殊类型。我国刑法把转化型抢劫罪的前行为规定为“犯盗窃、诈骗、抢夺罪” ,有必要予以修改 ,但在未修改前 ,只能理解为是指构成犯罪的情形。作为转化型抢劫罪 ,行为人必须实施盗窃、诈骗、抢夺行为 ,并以非法占有为目的 ,为窝藏赃物、抗拒抓捕或者毁灭罪证而当场使用暴力或者以暴力相威胁的 ,暴力、胁迫必须达到一定严重程度方能以抢劫罪论处     

Incidental findings in pediatric research

The approach to incidental research findings in children emerges by considering the child-parent relationship and balancing divergent interests and preferences. Incidental findings with clear and proximate clinical importance should be disclosed to both. We recommend that particularly sensitive or private information (e.g., pregnancy or drug use) should be disclosed to the adolescent first, while particularly serious information (e.g., cancer) should first be disclosed to the parent. These approaches allow the researcher to form an alliance with one party prior to engaging the other. However, unlike clinical settings, where there may be presumptive expectations of confidentiality about sharing information within the family, in most research settings it is reasonable to plan to disclose such information to both parties. It is important to communicate this plan during the informed consent process separately to adolescents to avoid enrolling adolescents when sensitive incidental findings such as pregnancy and drug use may be detected. The approach to incidental findings without clear and proximate benefit is challenging. Researchers should plan more limited disclosure of such incidental findings for pediatric participants than for adult participants.     

University supply and corporate demand for academic research

University research is an important contributor to corporate innovation, but corporate-sponsored research has lagged other forms of research expenditure since 2000 and is perceived to be sub-optimal. This paper first examines and interprets reasons given by industry participants for this relative underperformance. It next establishes the complexity of this issue by explicating different patterns of research relationships for four industry groups. University supply of research and industry demand are both affected by internal factors that create inherent limits to these activities. The paper concludes that proactive measures by universities are the most feasible steps under current conditions to enhance corporate-sponsored university research.     

Genomic research and incidental findings.

The Human Genome Project showed that there is significant genetic variation within the population. Current research is accumulating large databases that may reveal genetic variations associated with disease or health risks, even if not intended as part of the study design. These incidental findings create legal, ethical, and financial challenges for researchers. Current federal and international guidelines are not adequate. Plans for dealing with incidental findings need to be established in the study design and reviewed and approved by the Institutional Review Board.     

The Politics of Constitution Making: Transforming Politics into Constitutions

According to our conventional perception of the interrelations between revolutions and constitutions, constitutions perpetuate the interests of the victorious forces of the revolution. This paper analyzes the distinctive character of the revolutions of 1989 in East and Central Europe with respect to their claim to constitutionalism. The main characteristic of these revolutions is the disbelief of their proponents in the postulate of a homogeneous unitary popular will which imposes itself on the society. Intead, two different concepts of civil society have been emerging, both of which can be connected with a more elaborate notion of constitutionalism. Constitutions can be understood as institutional devices which encourage the endurance of their legality without being entirely dependent on either the principle of self-interest or the idea of pre-political consensus.     

Transfer of academic research: uncovering the grey zone

In this study, we respond to calls for further investigation on why and how scientists choose to commercialize their research. Mowery (University entrepreneurship and technology transfer: process design, and intellectual property, Elsevier, Oxford 2005), in his criticism of the US-system, emphasizes the need for multiple channels between university and industry. His argument makes the case of Sweden interesting, where the researchers own the intellectual property of their research. Sweden thus constitutes a unique case where data can be found on which choices researchers make in a setting where a variety of channels for transfer are available. Our empirical data, collected through case studies, allowed for the expansion of the typology for mechanisms for transfer of academic research as well as the development of a typology for determinants for researchers’ choice to engage in transfer of research. Apart from those contributions to the theoretic discussion, the data also provided policy implications.     

New visual technologies in court: directions for research

Litigation is being transformed by new visual communication technologies, including videoconferencing, PowerPoint, and computer animations. Yet the effects of these visual technologies on legal decision making are largely unknown. In order to understand better the most pressing issues surrounding technology in the courtroom, psychologists, lawyers, and representatives from technology companies and funding agencies attended a Research Conference on Courtroom Technology organized by the Federal Judicial Center. The goals of the conference were to identify issues raised by courtroom uses of new technologies that could be illuminated by empirical research and to suggest designs and methods for conducting that research. This paper emerged from that conference. The authors provide an overview of considerations that should guide research in this area, including a framework that takes into account features of the technology, the audience, and the legal strategy of the user of the technology. They outline a paradigm for conducting such research, illustrate it with several possible empirical studies of varying levels of experimental and conceptual complexity, and identify directions for subsequent research.     

“商鞅改法为律说”献疑

商鞅变法是秦国在商鞅主持下对其礼法体系进行的大规模改革。在相关语境中,法乃国家之基本方略、大政方针。商鞅不可能将这种层面的法改革成为制度层面的律;在商鞅变法过程中形成并逐渐完善的秦法以促使百姓积极从事农战为主要目标,以刑赏为主要手段;而秦律是各级政府行政管理的依据和规范,以赔偿或轻微刑罚为惩罚方式。在这一层面上,商鞅也不可能改法为律。汉王朝在萧何主持下借鉴秦法制定汉律之后,律成为历朝主要规范,人们习惯上也称其为法。长孙无忌等人误认为商鞅曾经改法为律,这是后世学者产生相同误解的根源。     

Incidental findings in genetics research using archived DNA

Despite calls by some commentators for disclosing incidental findings in genetics research, several factors weigh in favor of caution. The technology of genetics has the power to uncover a vast array of information. The most potent argument for restraint in disclosure is that much research is pursued without consent so that the individual participant may not know that research is being conducted at all. Often the work is done by investigators and at institutions with which the person has no prior contact. Past practice is also relevant; genetics researchers historically have chosen not to disclose incidental findings, of which misattributed paternity and pleiotropic alleles such as ApoE have been the most common. Many people choose not to have genetic tests when given a choice. It may be desirable to discuss the topic of incidental findings when consent for research is obtained, but given the risk of unwanted surprise when there has been no prior discussion, the potential utility of incidental findings should be very high before they are even offered to individuals.     

Information transfer between an academic research center and its member firms

Many American universities have recently established research centers that interact with industrial firms. Such centers have been supported by the federal government whose objective is to enhance technological innovation. For this study, interviews were conducted with liaison persons from the member firms to determine how the firms acquire and use information obtained from the center and why they maintain a relationship with the center. The findings confirm that the center is a useful source of information for the member firms. It clarifies the need for establishing strategies that facilitate the transfer of information without compromising either the center or its members.     

How academic researchers select collaborative research projects: a choice experiment

The Journal of Technology Transfer - Although many studies have been conducted on the drivers of and barriers to research collaborations, current literature provides limited insights into the ways...     

Exploring academic dishonesty among undergraduate criminal justice majors: A research note

The nature and extent of academic dishonesty among undergraduate criminal justice majors at a mediumsized university in the Southeastern US were explored. Using several theories of deviance as theoretical frameworks, the research sought to investigate the motivations for such behaviors. Criminal justice majors indicated that they are aware of, have engaged in, and plan to become involved in various low, medium, and high levels of academically dishonest behavior in the future. Additionally, study results reveal that specific acts defined as academically dishonest by the university and individual professors are not viewed as dishonest by students. Implications and directions are discussed in light of these research results.     

Incidental findings in human subjects research: what do investigators owe research participants?

The use of brain imaging technology as a common tool of research has spawned concern and debate over how investigators should respond to incidental findings discovered in the course of research. In this article, we argue that investigators have an obligation to respond to incidental findings in view of their entering into a professional relationship with research participants in which they are granted privileged access to private information with potential relevance to participants' health. We discuss the scope and limits of this professional obligation to respond to incidental findings, bearing in mind that the relationship between investigators and research participants differs fundamentally from the doctor-patient relationship.     

Boundary-spanning in emerging technology research: determinants of funding success for academic scientists

Emerging technologies, including nanotechnologies, are generally seen as those latest scientific innovations which have a potential impact on industry structure, and commercialization and economic potential. Work in this area of emerging technologies has distinct boundary spanning characteristics from the perspective of academic science. First, many emerging technologies involve collaboration of scientists across disciplinary boundaries. Second, because of the commercializability of many emerging technologies, scientists may interact more often with industry throughout the research and commercialization process. We ask, what are the boundary-spanning characteristics of scientists engaged in emerging technology research and how do those characteristics matter in obtaining funding in this area? We examine the characteristics of academic scientists in the United States who are employed in research intensive institutions and who are engaged in funded research in the area of emerging technologies. We address the factors that predict their grant success in areas of emerging technology. Findings reveal that interdisciplinary activities and industry orientation are both important in predicting funding in areas of emerging technology. Moreover, the findings imply that the emergence of new technologies may offer opportunities for women in low representation fields.     

Spinouts from academic institutions: a literature review with suggestions for further research

This paper provides a comprehensive literature review of the phenomenon of spinouts from academic institutions. We systematically identified spinout papers in key management journals, categorised the literature and critically synthesised the findings. We present the findings of each literature stream in turn and also identify inconsistencies and directions for further research. We conclude that while the early literature has been mainly atheoretical and focused on describing the phenomenon, a core group of recent studies were theory-driven.

排污费改税法律制度探讨

我国的排污收费制度已经不适应新世纪可持续发展的要求,如何利用税收来促进环保工作,建立环境税收法律制度,在费改税的大潮中,将排污费改为排污税,已成为当前我国面临的新课题。在分析排污收费制度现状的基础上,结合国外排污税征收的实践,对我国建立排污税法律制度进行探讨。     

Bridging philosophical and practical implications of incidental findings in brain research

Empirical studies and ethical-legal analyses have demonstrated that incidental findings in the brain, most commonly vascular in origin, must be addressed in the current era of imaging research. The challenges, however, are substantial. The discovery and management of incidental findings vary, at minimum, by institutional setting, professional background of investigators, and the inherent differences between research and clinical protocols. In the context of human subjects protections, the challenges of disclosure of unexpected and potentially meaningful clinical information concern privacy and confidentiality, communication, and responsibility for follow-up. Risks, including a blurring of boundaries between research and clinical practice, must be weighed against the possible benefit to subjects and a moral duty to inform. Identification and examination of these challenges have been met by scientific interest and a robust, interdisciplinary response resulting in the pragmatic recommendations discussed here.