浅析我国《公司法》关于转投资规定的立法缺陷——评《公司法》第12条之规定

市场经济条件下,作为现代资本企业的公司,不断地追求最大限度的利润和更多的市场占有份额,这是公司不断进行转投资的重要原因。转投资是公司加速资本扩张的重要手段,是公司在激烈的市场竞争中得以生存和发展的重要方式。我国《公司法》第12条关于公司转投资的限制性规定,制约了公司在市场经济环境中的自主发展和自由竞争,影响了资源的合理配置和流动,应当予以修改和完善。本文粗浅地分析了转投资限制性条款的立法缺陷及不足,以期对《公司法》的修改和完善有所帮助。     

Influence of electricity on post-mortal body temperature

In a case of suicidal application of electricity differences between the rectal temperature of the body and the suspected time of death were observed.In order to answer the question whether an electric current from hand to hand over >30 min led to a rise in body temperature FEM-based computer simulations and animal experiments were carried out. Both resulted in a warming of the soft parts in the arm without warming the body core. Thus a temperature-based estimation of the time since death can also be used in cases with electricity as the cause of death. Besides, in the animal experiment we found a spontaneous rise in the body core temperature even without application of electricity which may be a reason for the typical temperature plateau after death.     

The Political Economy of Intellectual Property Protection: The Case of Software

The end of the twentieth century was marked by a sea change in global governance in the realm of intellectual property rights (IPRs). Whereas countries historically retained substantial autonomy with regard to what they defined as intellectual "property" and the rights granted to the owners of intellectual property, the 1990s witnessed the establishment of new global obligations regarding national practices. This paper focuses on the case of software "piracy" to assess the mechanisms by which the new global obligations for the treatment of IPRs are transmitted from the international to the national levels. We first consider a set of national-level factors that many scholars have shown to be important determinants of IPR policy. We then supplement the standard emphasis on domestic factors with an analysis of new transnational factors: countries' multilateral obligations under the World Trade Organization's (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and bilateral pressures from the United States to increase the protection of IPRs. Population-averaged panel data models are used to assess the effects of these national and transnational determinants on levels of software piracy in 80 countries from 1994 to 2002. Our results indicate that membership in the WTO and bilateral pressures from the United States—particularly pressures that offer reciprocal concessions—lead to substantial increases in levels of protection in rich and poor countries. There is, in short, a new international political economy of intellectual property.     

日本的起诉犹豫制度及其借鉴意义

<正> 在国家追诉主义占主导地位的现代刑事诉讼中,追诉机关按照何种原则起诉,不仅制约着审判机关的权限,更重要的是直接影响到刑罚目的能否得到全面实现,因此,起诉政策问题受到各国普遍关注。在这方面,立法和学说上一向有法定主义和便宜主义之分,凡认为有足够的证据证明确有犯罪事实,且具备起诉条件,追诉机关必须起诉的,称为起诉法定主义;反之,凡认为虽有足够的证据证明确有犯罪事实,且具备起诉条件,但追诉机关斟酌各种情形,认为不需要处以刑罚时,可以裁量决定不起诉的,称为起诉便宜主义。二者的主要区别在于追诉机关对于确已犯罪的嫌疑人有无决定不起诉的自由裁量权。自本世纪初期,目的刑理论取代报应刑理论之后,起诉便宜主义逐渐得势,并为国际社会广泛承认。目前,日本、英国、美国、挪威、丹麦、荷兰、比利时、瑞典、法国、德国及我国台湾地区,均确认     

Language disorders in disruptive behavior disordered homicidal youth.

Eight homicidal youths were assessed for language disorders and psychiatric diagnoses using a battery of standardized language tests and the Diagnostic Interview for Children and Adolescents. Both language disorders and Diagnostic and Statistical Manual III-R psychiatric diagnoses were present in all subjects.     

Statewide Assessment of Response to Domestic Violence in Louisiana

The Louisiana statewide assessment of domestic violence attitudes and services was a cooperative effort between the Louisiana Community Policing Institute and the Criminal Justice Program at the University of Louisiana, Monroe. The research project included both surveys and focus groups from Louisiana's eight law enforcement planning districts. Results indicate that the response to domestic violence in Louisiana is generally inadequate. Furthermore, problems exist with respect to the definition of domestic violence among agencies. Finally, four basic barriers to successful intervention were identified, including lack of resources, lack of education and training, victims' lack of confidence in the system, and lack of a coordinated response to the problem. Recommendations are presented for overcoming these obstacles.