國家知識產權戰略實施五週年有感

在這個「科學技術是第一生產力」的時代,助益創新和技術發展的知識產權制度顯得尤為重要。知識產權保護的浪潮早已席捲全球,在改革開放的探索中一直積極追求與國際接軌的中國也不會固步自封而獨善其身。自1980年加入世界知識產權組織以來,中國不斷完善制度體系,加大對知識產權的保護力度。迄今為止,中國已經先後制定了專利法、商標法、著作權法等單行法和19部行政法規,僅在版權方面,就從電腦軟件保護、音像製品管理、信息網絡傳播權保護等多個方面頒佈了10部法規。持續進行的打擊侵犯知識產權行動和不斷強化的司法保護,也使中國在加入《伯爾尼公約》、TRIPS協議等重要國際公約時的承諾得以踐行。然而《,國家知識產權戰略綱要》實施五週年之際,面對美國連年發佈的《301條款報告》「重點觀察名單」,面對華為被封殺、光伏遭「雙反」的困境,我們也當警醒,知識產權不再只是保護創新的工具,而漸漸成為發達國家打擊發展中國家、構築貿易壁壘的有力武器。本期特選取張平教授的文章,客觀剖析中國知識產權制度受到的外來壓力干擾,反思符合國情的知識產權發展和保護之路應堅持的方向。     

Promoting electric vehicles in the Trump era: What can feasibly be done to drive electric vehicle purchases in the United States for the next two years in the current political climate

Abstract

Following the 2016 election, the electric vehicle industry will likely face heightened opposition in the coming years. This article focuses on the actions that can be taken at the federal, state, and local levels that are most likely to succeed in driving growth and acceptance of electric vehicles in spite of the current political climate.     

Who Does It Better? Comparing Immigration Detention Facility Performance in an Intergovernmental and Intersectoral Context

Contracting for prison services has been a topic of discussion for decades. Absent from this discussion is the relationship between contracting for immigration detention and confinement quality, a topic that has gained relevance as the detained immigrant population recently surpassed 440,000 per year. Detaining immigrants presents unique challenges because of detainee characteristics, the performance standards governing facilities, and the intersectoral and intergovernmental arrangements used to manage detention facilities. This research conducts the first-known large-N study that evaluates the confinement quality of U.S. Immigration and Customs Enforcement's detention facilities to determine the effect, if any, of contracting on performance. The findings suggest that all detention facilities have deficiencies that threaten the well-being of detained immigrants, but, broadly, privately contracted detention facility environments are less safe and secure than their public counterparts. The authors use contracting theory to explain why this performance disparity might exist and conclude with a discussion of the practical implications of this research.     

中国案例指导制度若干问题研究

为了充分发挥指导性案例在统一法律适用标准方面的作用,2005年10月26日,最高人民法院在制定的《人民法院第二个五年改革纲要（2004-2008）》（以下简称《“二五”改革纲要》）中规定：“建立和完善案例指导制度,重视指导性案例在统一法律适用标准、指导下级法院审判工作、丰富和发展法学理论等方面的作用。最高人民法院制定关于案例指导制度的规范性文件,规定指导性案例的选编标准、选编程序、发布方式、指导规则等。”     

宪法学的集体心智——读朱国斌的《中国宪法与政治制度》

十多年前,准备考研时,朱老师的《中国宪法与政治制度》（法律出版社1999年第1版,2006年第2版）这本书,我读了又读。此後,在教学中,我一直把它当作教科书。今天,我仍然认为,这是适合本科生阅读的最好的宪法学教科书之一。     

Outsourcing Public Service Delivery: Management Responses in Noncompetitive Markets

Capturing the benefits of competition is a key argument for outsourcing public services, yet public service markets often lack sufficient competition. The authors use survey and interview data from U.S. local governments to explore the responses of public managers to noncompetitive markets. This research indicates that competition is weak in most local government markets (fewer than two alternative providers on average across 67 services measured), and that the relationship between competition and contracting choice varies by service type. Public managers respond to suboptimal market competition by intervening with strategies designed to create, sustain, and enhance provider markets. In monopoly service markets, managers are more likely to use intergovernmental contracting, while for‐profit contracting is more common in more competitive service markets. The strategies that public managers employ to build and sustain competition for contracts often require tangible investments of administrative resources that add to the transaction costs of contracting in noncompetitive markets.     

The Future of the 'Radical Centre' in Northern Ireland after the Good Friday Agreement

The 1998 Good Friday Agreement has provided a new political dispensation in Northern Ireland. Through the management of the competing aims of unionism and nationalism, the Agreement hopes to promote cross-community consensus and forge a new, moderate centre. However, the segmental autonomy evident under the consociationalism of the Agreement poses questions of the existing political centre in Northern Ireland. Traditionally, the centre, as represented by the Alliance Party, has rejected unionism and nationalism, believing either to be ideologies to be overcome, rather than accommodated. Under the post-Agreement political arrangements, Alliance has already been obliged to bolster pro-Agreement unionism, through the temporary tactical redesignation of three of its Assembly members as Unionist and through tacit support for selected unionist election candidates. Using the first ever membership survey of the existing centre party in Northern Ireland, this article examines whether its vision of a radical third tradition is sustainable in a polity in which unionist and nationalist politics are legitimised.     

Capturing high-resolution digital images for use in forensic document examination

In the past, pattern disciplines within forensic science have periodically faced criticism due to their subjective and qualitative nature and the perceived absence of research evaluating and supporting the foundations of their practices. Recently, however, forensic scientists and researchers in the field of pattern evidence analysis have developed and published approaches that are more quantitative, objective, and data driven. This effort includes automation, algorithms, and measurement sciences, with the end goal of enabling conclusions to be informed by quantitative models. Before employing these tools, forensic evidence must be digitized in a way that adequately balances high-quality detail and content capture with minimal background noise imparted by the selected technique. While the current work describes the process of optimizing a method to digitize physical documentary evidence for use in semi-automated trash mark examinations, it could be applied to assist other disciplines where the digitization of physical items of evidence is prevalent. For trash mark examinations specifically, it was found that high-resolution photography provided optimal digital versions of evidentiary items when compared to high-resolution scanning.     

中国内地和香港的同案重复诉讼问题（中文摘要）

随着中国内地与香港跨境经济活动的增加和融合,近几年跨境纠纷也相应增加。同一案件经常在中国内地和香港两地提起诉讼。这不仅浪费了当事人的时间和资源,也消耗了司法资源,从而浪费了纳税人的钱。而且,由于在内地和香港两个不同法域进行审判,争议会拖延较长时间,对两地经济交流和融合带来不确定性和风险。这种重复诉讼导致的另一问题是两个不同法域的法院会作出不同的判决。在中国对香港恢复主权统治之後,有人或许以为这一问题会比较容易解决;但事实并非如此。本文将讨论如何解决同一案件在中港两地重复诉讼的问题。