“知情不举“不为罪——从一个案件谈起

本文通过一个实绩,从"包庇行为"的"刑法含义"角度阐述"知情不举"不为罪.     

“It is not my intention to be a killjoy…”: Objecting to a Licence Application—The Complainers

This paper explores the constructed nature of legal complaints through the adoption of a socio-linguistic model with an emphasis upon pragmatics and elements of conversation analysis. When making a legal complaint, we posit that there is a conflict between effective communication and the uptake of politeness strategies. Furthermore, how complaints are ??worked up?? in situ is a product of the arena in which such complaints are made. Through a textual analysis of the methods of complaining adopted by those who make representations to the licensing authority, for the purposes of objecting to a licence application, we show the tension between making oneself clear and being polite, and how complaints in different settings take different forms. We conclude by exploring the implications of our findings for legal processes??is it reasonable, for instance, to talk of ??consistency?? in testimony if each complaint is worked up in situ??and for pragmatic theory more generally, i.e the applicability of Brown and Levinson??s politeness model for legal processes.     

An apple a day does not always keep the doctor away...

The authors describe a case of suicide in the workplace. A 45-year-old man employed by a fruit and vegetable packing company was found dead in a room containing a modified atmosphere for the packaging of fruits and vegetables. The rescue team measured the carbon monoxide (CO) concentration of the ambient air with a digital CO tester and found a level higher than 600 particles per million. Analysis of an arterial blood sample taken with an airtight syringe revealed the absence of CO but high levels of carbon dioxide (CO(2)). Autopsy revealed no significant injury and police investigators found a handwritten note of intent, describing a recent personal crisis. The authors concluded that the cause of death was suicide by asphyxiation secondary to CO(2) intoxication and notably oxygen (O(2)) depletion. This manner of suicide is rare and most cases previously described in the literature were accidental intoxications. To the best of our knowledge, this is the first case of suicide by CO(2) intoxication and O(2) depletion in a room with a modified atmosphere.     

Known semen donors: to be or not to be a parent

The law has failed to keep pace with the reality that lesbian couples are conceiving children and raising families. At both Commonwealth and State levels, a complex web of legislation engulfs and winds its way through this area of the law. This article seeks to expose some of the bizarre and anomalous consequences that have emerged through the interaction of these provisions and the resulting judicial interpretations. It is argued that this incongruous, unsatisfactory situation cannot be allowed to continue. Uniform State and Commonwealth legislation must be enacted and existing Commonwealth legislation modified to avoid ongoing inconsistencies. Finally, legislative amendments are recommended which, it is argued, will go some way towards rectifying the situation.     

未寻找到抢劫对象且因为害怕而未实施抢劫属于犯罪预备阶段的中止--兼论故意犯罪的未完成状态

一、案情介绍犯罪嫌疑人关某与李某相约去抢劫出租车 ,2 0 0 1年 11月 8日关某与李某携带匕首及铁丝等作案工具在路上寻找出租车作案。大约十分钟后 ,因天色已晚 ,二人未找到出租车 ,关某害怕被抓获向李某提出不干 ,二人即一同回家。回家后李某又独自一人携带铁丝等作案工具 ,在路上拦了一辆出租车欲行抢劫 ,在抢劫时被抓获 ,根据李某的交代犯罪嫌疑人关某也被抓获。二、分歧意见对于关某构成抢劫罪 ,大家都没有异议 ,但是对于关某是属于犯罪预备、犯罪中止 ,还是犯罪未遂有如下几种不同的看法 :一、关某的行为属于犯罪预备。理由 :犯罪预备…     

Attitudinal change among students in a capital punishment class: It may be possible

Students who participated in a class on capital punishment recorded their attitudes toward the topic on a weekly basis and completed a one year follow-up. The results demonstrate that by the end of the semester 65% of the students indicated opposition to capital punishment. Moreover, one year after the class 73% of the students maintained some degree of opposition to capital punishment. The difficulties associated with assessing attitudinal change as a result of participating in a class and reasons for the discrepancy between the findings of this study and previous research are discussed.     

It may look or smell like a 'free ride' but it is not 'unfair competition'

‘Free-riding’ on another product's reputation andbenefiting from the efforts put into promoting it can amountto trade mark infringement, even without much apparent damageto that product, but the law of passing off does not supportclaims of unfair competition where no deception or misrepresentationis involved.     

Applications for FDA approval to market a dew drug: patent submission and listing requirements and application of 30-month stays on approval of abbreviated new drug applications certifying that a patent claiming a drug is invalid or will not be infringed. Final rule

The Food and Drug Administration (FDA) is amending its patent submission and listing requirements for new drug applications (NDAs). The final rule clarifies the types of patents that must and must not be submitted and revises the declaration that NDA applicants must provide regarding their patents to help ensure that NDA applicants submit only appropriate patents. The final rule also revises the regulations regarding the effective date of approval for certain abbreviated new drug applications (ANDAs) and certain other new drug applications, known as 505(b)(2) applications, submitted under the Federal Food, Drug, and Cosmetic Act (the act). In certain situations, Federal law bars FDA from making the approval of certain ANDA and 505(b)(2) applications effective for 30 months if the applicant has certified that the patent claiming a drug is invalid or will not be infringed, and the patent owner or NDA holder then brings suit for patent infringement. The final rule also states that there is only one opportunity for a 30-month stay in the approval date of each ANDA and 505(b)(2) application. The final rule will make the patent submission and listing process more efficient as well as enhance the ANDA and 505(b)(2) application approval processes.