发明初审阶段中敏感问题的审查标准研究

为保障专利申请文件的出版公布质量,针对发明初审阶段中遇到的妨害公共利益或侵犯他人合法权益等不宜公布的敏感信息等问题,深入解读相关法条及法条背后的立法目的、不同法条之间的关系与差异,梳理法条的适用规则,提出符合立法目的的审查策略;为贯彻法律精神,增强立法的有效性以真正实现依法行政,提出相关法规修改及出版公布方式的建议。     

论规范性文件备案审查结果的溯及力

目前,我国缺乏关于规范性文件备案审查结果溯及力的法律规定,理论上对备案审查结果是否有溯及力等问题也有争议。《全国人大常委会备案审查工作规范(征求意见稿)》规定被撤销的法规嗣后无效,被要求修改或废止的司法解释自议案通过之日起停止施行。此种规定与理论界的认知存在着较大差异,正式通过的《法规、司法解释备案审查工作办法》则取消了有关溯及力的内容。备案审查结果的溯及力涉及法的一致性、法的安定性、公民和组织的权益、公共利益、信赖利益等多种法益,需要对这些相互之间关系复杂的法益进行综合的衡量。在我国,构建规范性文件备案审查溯及力制度,应以专门且更高级别的文件规定备案审查结果的溯及力问题,对立法性文件和司法解释实行备案审查决定上的无差别适用。与此同时,应在衡量法益的基础上赋予“撤销”和“废止”相同的效果,并对基于无效规范所作的司法裁判及其他行为进行效力区分,还应当在比较规范性文件与其所违反的上位法的生效时间的先后顺序的基础上决定溯及力的起点。     

儒家“以直报怨”与恕道的原则要求

儒家行恕以分清是非善恶、正义与非正义为认知条件。孔儒对待怨仇的处理态度体现出恕的原则性。励行恕道,得看对象。儒家以爱人为本,但也疾恶如仇。符不符合仁义原则是衡量仇雠与否的标准。父子不隐而告,是遵循公理;父子相隐而不发,则在遵循天理。公理虽大,但仍须服从天理。作为美德的直道必须引导、规范以礼乐教化,没有主体自身的积极修为则容易演变为任性。儒家恕道始终要求有严肃的是非立场和清晰明确的道德认识能力,智因而成为一切道德行为的认识论准备或理性前提。君子行恕坚持标准,但也不排斥人性关怀,强调仁爱但也不失严厉,因而可以练就出推己达人的真本领。     

An Open Arena

正Su Bingtian is a name that glued many Chinese to their televisions for the Olympic Summer Games Tokyo 2020. The 31-year-old sprinter made history on August 1 as he became the first Chinese to qualify for an Olympic Men’s 100m Final,after setting the new Asian record of 9.83 seconds in the semifinal. He finished sixth with 9.98 seconds in the final.     

The Strength Of Grass

Policies to protect grassland lead to a complete industrial chain Dorjee,a 45-year-old herder in Golog Tibetan Autonomous Prefecture in Qinghai Province,northwest China,is relieved to see the pasture in the region,where he grazes his herd,is once again covered with grass as high as his knees.More than a decade ago.     

TAPPING INTO NEW POTENTIAL

正Cooperation zones facilitate development and life at large across the Greater Bay Area During his days working for the local government and an accounting firm in his hometown of Hong Kong, Lo Yuenlai cherished an entirely different professional dream—to work in the field of technology and innovation. After learning about the opportunities opening up in Shenzhen, Guangdong Province,the young man decided to give it a go.     

Decoding Beauty and Happiness

Liu Ruiyi is an accountant at an auditing firm in Dalian, a coastal city in Liaoning Province in northeast China. She once worked in Shanghai for one and a half years, and then decided to return to her hometown of Dalian because she could save on rent and be with her family. "Although our income is not as high as that of people in more developed cities, I feel happy living here because of the beautiful ocean scenery, pleasant climate and easy pace of life," Liu told Beijing Review.     

THE POWER OF ORIGINAL THINKING FOR CHANGE

Significant progress achieved in science and technology Soon,you will be able to check out lunar soil in Beijing.The National Museum of China announced that it would exhibit the lunar samples brought back in December 2020 by the Chang’e-5 lunar probe.Preserved in a delicate container made of artificial crystal,the samples have already arrived at the museum.These are not just China’s first samples from Moon but also the world’s freshest lunar samples in over four decades.     

CHARTING THE COURSE

In 1969, by the time he turned 16, Xi Jinping arrived in a small village in Shaanxi Province as a zhiqing, or "educated youth." Educated youth were young urban people who either volunteered or were sent to work in rural areas as part of a campaign launched by Chairman Mao Zedong that called on urban youth to work in rural areas during the period from the 1950s to the end of the "cultural revolution" (1966-76). Life there was tough for the young Xi. In the beginning, fleas troubled him so badly that he was unable to fall asleep. Every day he undertook all kinds of labor of the countryside, such as reclaiming wasteland, hoeing, herding, hauling coal, and carrying manure. As time passed, tough work became easy. Xi became a hardworking capable young man in the villagers' eyes. Gaining their trust, he was elected village Party chief. He was once awarded a motorized tricycle after being named a "model educated youth." However, he exchanged the tricycle for a walking tractor, a flour milling machine and farm tools to benefit the villagers.