绑架用户是一个“非常愚蠢的决定”

当腾讯2010年11月3日发布致用户的一封信，称“刚刚作出了一个非常艰难的决定”，将在装有360软件的电脑上停止运行QQ软件时，腾讯的用户真正面临着一个“非常艰难”的选择——要么卸载360软件，要么QQ软件被停止运行。两家公司在用户电脑上公然打架，舆论一片哗然。     

互联网“云”时代的机遇和挑战

最新出炉的全球互联网公司排名数据显示，中国互联网产值已经达到2600多亿，腾讯和百度跻身全球互联网公司前十位之列。这些可喜进步，彰显了中国互联网产业的良好势头。     

热事

腾讯要求“360扣扣保镖”下架索赔金额高达1．25亿元 360起诉腾讯反垄断纠纷案尚未审结，这边腾讯起诉360的不正当竞争案义“开锣”了。9月18日，广东省高级人民法院一审公开开庭审理了原告腾讯科技（深圳）有限公司、     

滥用市场支配地位之抽丝剥茧

2013年3月28日，360诉腾讯反垄断一案在广东省高院宣判，腾讯在即时通讯软件领域不占有市场支配地位，继而不具有滥用市场支配地位之行为。在公众的感性认知中，腾讯QQ在国内即时通讯软件领域的垄断地位显而易见，     

反垄断法之于腾讯：继续“沉默”还是适时“亮剑”

腾讯QQ多年来一直在国内即时通讯（以下简称IM）市场处于垄断地位。但腾讯一直拒绝开放QQ软件程序接口，造成MSN、雅虎通等其他IM软件至今无法与QQ互联互通，严重阻碍了我国IM市场的发展并给用户带来诸多不便。腾讯滥用知识产权限制竞争行为应当受到反垄断法的规制。强制腾讯开放API，实现互联互通，对于维护IM市场的创新与竞争，保护消费者利益，具有重要意义。     

时评

网友QQ相约自杀 腾讯被判赔偿5万 2010年12月3日，浙江省丽水市莲都区人民法院对一起利用腾讯QQ相约自杀案件作出一审判决，深圳市腾讯计算机系统有限公司因未对“相约自杀”的聊天内容采取有效措施而被判承担10％的责任，赔偿额近5万元。     

动态

奇虎与腾讯反垄断案终审开庭 11月26日，任最高人民法院第一法庭开庭审理的北京奇虎科技公司与腾讯科技（深圳）有限公司、深圳市腾讯计算机系统有限公司滥用市场支配地位民事纠纷上诉案。经过两天的庭审，27日结束了开庭审理环节，该案将择日宣判。     

3Q之争:反不正当竞争法如何保护消费者

腾讯诉360公司不正当竞争案直接起因于360安全卫士宣布发布隐私保护器，专门曝光窥私软件，称腾讯QQ涉嫌窥探用户隐私。     

从混战走向有序：互联网竞争规则重构——不正当竞争行为的认定的逻辑与标准

近年来，互联网领域涌现出的新型不正当竞争行为已经给我国《反不正当竞争法》带来了巨大挑战，比如在腾讯诉360不正当竞争案中，就可以适用基于良好商业惯例标准和基于业绩竞争标准等不正当竞争行为认定标准，而这些标准恰是法律认定之外的标准。     

奇虎诉腾讯滥用市场支配地位案中的市场支配地位认定 参考德国和欧盟经验简析广东省高级法院一审判决

一．引论 2013年3月20日广东省高级人民法院（简称“粤高院”）对奇虎诉腾讯滥用市场支配地位案（简称“奇虎诉腾讯案”）作出一审判决’。该案涉及腾讯与奇虎因互联网安全软件领域的恶性竞争而引发腾讯在2010年11月3日要求其QQ软件用户删除奇虎360软件，否则无法使用QQ软件。这种“二选一”的做法引发各界批评，     

The World is More Just for Me than Generally: About the Personal Belief in a Just World Scale's Validity

Differences between personal and general belief in a just world were studied in four questionnaire studies and one experiment. Personal just world belief could reliably be differentiated from general just world belief, and subjects endorsed more strongly the personal compared to the general just world belief. Moreover, personal belief in a just world predicted subjective well-being and self-esteem, and this positive impact was independent of general just world belief and favorable self-perceptions. Finally, the more subjects were aware of their own unfairness, the more the personal belief in a just world showed a negative impact on self-esteem. Results give evidence to the just world beliefs' character as world views and as indicators of a personal contract between individual and social world.     

Accountability by design in technology research

What does research look like in practice? Aside from popular assumptions of how researchers are lonely isolated individuals sitting disconnected from the rest of the world enmeshed in thought, a considerable part of research involves working with data. Whether this data is quantitative, qualitative, gathered through experiments or involves writing code, all of this data is not just magically ‘invented’ out of thin air, but instead develops in a process of interaction with both human beings and technical systems. However only a small fragment of this process is presented to outside reviewers, the outputs and the framing often specifically designed to make a specific point. How the author got there, and which assumptions were made on the way and how these assumptions developed over time is seldom included in the final write-up. The following article argues that rather than just providing output data to be considered in research – or providing explanations for technical outcomes as is frequently proposed in computer science, accountability can only be developed by better understanding the research process. In order to do this, we suggest a series of mechanisms that can be built into existing research practices to make them more intelligible to outside reviewers and scholars. These mechanisms are designed to develop the accountability principle of the GDPR and ensure more accountable scientific research. As the GDPR recitals also explicitly references scientific research, an accountability by design approach to technology research is grounded both in the articles and recitals of the GDPR. By documenting the key elements of a narrative research story which explains not just what you believe to have discovered but also how researchers got there, it may also be possible to create better accountability mechanisms.     

建立逮捕必要性听取意见机制初探——以自由证明为视角

在当前的司法实践中,逮捕强制措施的滥用是一个严重的问题。导致这个问题的重要原因之一在于逮捕必要性条件没有得到足够重视。因此,有必要在现有的逮捕决定程序中增加听取意见的程序,以更为公平、公正的决定程序来增加逮捕决定的合理程度。     

Cross-Cultural Preferences for Distributive Justice Principles: Resource Type and Uncertainty Management

Drawing on social resource theory, we investigated the evaluation of distributive justice principles in relation to material benefits (monetary rewards in working life) and symbolic benefits (praise at university) in a cross-cultural study. We predicted that the equity principle would be perceived as more just for distributing culturally valued resources, whereas the equality principle would be perceived as more just for resources that are less valued within culture. Moreover, applying uncertainty management theory, we predicted that cross-cultural fairness evaluations would be more pronounced for individuals with higher (vs. lower) uncertainty avoidance or lower (vs. higher) uncertainty tolerance. Data of 608 Canadian and German students were collected in a two-wave survey. As expected, when allocating material benefits Canadians found the equity principle to be more just than did Germans, whereas Germans perceived the equality principle as more just than did Canadians. When allocating symbolic benefits, by contrast, Canadians perceived equality as more just than did Germans, though unexpectedly culture did not influence evaluations of the equity principle. Finally, consistent with uncertainty management theory, some of the cultural differences in the evaluation of distributive principles were more pronounced among people with higher uncertainty avoidance and lower uncertainty tolerance. Implications for cross-cultural research on distributive justice are discussed.     

Shaping Citizen Perceptions of Police Legitimacy: A Randomized Field Trial of Procedural Justice

Exploring the relationship between procedural justice and citizen perceptions of police is a well‐trodden pathway. Studies show that when citizens perceive the police acting in a procedurally just manner—by treating people with dignity and respect, and by being fair and neutral in their actions—they view the police as legitimate and are more likely to comply with directives and cooperate with police. Our article examines both the direct and the indirect outcomes of procedural justice policing, tested under randomized field trial conditions. We assess whether police can enhance perceptions of legitimacy during a short, police‐initiated and procedurally just traffic encounter and how this single encounter shapes general views of police. Our results show significant differences between the control and experimental conditions: Procedurally just traffic encounters with police (experimental condition) shape citizen views about the actual encounter directly and general orientations toward the police relative to business‐as‐usual traffic stops in the control group. The theorized model is supported by our research, demonstrating that the police have much to gain from acting fairly during even short encounters with citizens.     

The Effects of Belief in a Just World and Victim's Innocence on Secondary Victimization,Judgements of Justice and Deservingness

Several studies have shown that victims judged to be innocent are more liked and helped by observers than victims judged to be noninnocent. Nevertheless, objectively innocent victims are very often secondarily victimized (blamed, devalued, avoided, or have their suffering minimized), and judged as deserving or as being in a just situation. An impressive amount of literature shows that high believers in a just world victimize the victims more than low believers, judge them as more deserving and think they are in a fairer situation. But the evaluation of the joint impact of the innocence of the victim and of the observers' BJW (belief in a just world) on the observers' reactions to the victim has been left undone. This study aims to throw some light on this subject. An experimental study was conducted using a 2 BJW (high; low) by 2 victim's innocence (innocent; noninnocent) between-subjects design. No interaction effects were found, but the forms of secondary victimization, as well as the judgements of justice and deservingness, were more positively correlated in the condition where the threat to BJW is higher.     

论法律拟制思维在刑法中的重要性

刑法中存在普遍的＂有意将不同者等同视之＂的＂法律拟制＂现象,这种＂以假为真＂的作法并不必然与刑法的基本原则相违背,而有可能是在坚持刑法基本精神的前提下的一种刑事立法层面上的有效方式。所以,对刑法中拟制现象的研究不能仅限于＂刑法的拟制性规定＂,而应该以＂法律拟制＂本身所代表的标准来审视刑法中的拟制现象。     

Justice and Effective Cooperation

Justice is important because it facilitates effective cooperation and thereby enables superior forms of social coordination. On the bilateral level people are better able to resolve conflicts if they can refer to shared justice rules. When third parties are needed to facilitate cooperation they can function more effectively when the parties agree that they are exercising their authority through fair procedures;? finally, people are more willing to engage with collectivities when they evaluate them as acting through a shared conception of justice.? Overall justice is central to facilitating cooperation and the key to its success is that there is a consensus about what is just among those involved. This is equally true of the relationship between people who are negotiating about the price of a product or service and people who are members of large-scale communities, organizations, or societies.     

Climate Change and a Just Transition to the Future of Work

Rapidly growing concerns about the adverse effects of climate change are prompting a re-thinking of how companies view their strategies and operations and spurring legal and regulatory responses around the world. The overarching objective of these efforts is to facilitate and accelerate the transition to a more sustainable economy. The green transition will have substantial distributional and structural implications for workers and the workplace across companies and economic sectors. Indeed, the future of work will be significantly shaped by climate change. However, relatively scant scholarly attention has been devoted to the forward-looking legal implications of climate change for work. Similarly, legal scholars writing on climate change have largely neglected the laws governing employment. This article seeks to help fill that gap. How can companies, workers, and society respond to the green transition in a manner that enables better jobs, a safe and stable workplace, and more resilient companies? To answer this question, this article draws on the theory of just transition, which is rooted in environmental justice and labor rights. We offer an interpretation and application of just transition that expands its scope to serve as a blueprint for ethical business conduct and legal reform to improve the world of work and the lives of workers.     

公平正义：和谐社会的基本法治理念

和谐社会应该是一个法治社会,而法治社会最基本的理念就是公平正义。公平正义是法律的主要价值形态,更是构建社会主义和谐社会的重要价值基础,是和谐社会的重要标志和主要内容,也是法律调整的根本目标,是协调各种利益、处理各种矛盾的根本尺度。没有公平正义,社会主义便会失去灵魂的支撑,失去自身质的规定性;没有公平正义,就没有安定有序的社会秩序;没有公平正义,和谐社会的建设就会失去动力。因此,应将公平正义确立为和谐社会的基本法治理念。