3g运营商的法律风险分析——以3g产业链为视角

随着3g通信技术的深度发展,3g产业链呈现出多维互动格局.运营商将在更多环节、更广泛区域内与更多主体形成复杂和敏感的法律关系,从而增大了运营商所承担的法律风险.运营商必须强化对3g产业链的控制、协调、整合,合理有效地防范3g运营的法律风险.     

刑法解释论视角下的前科消灭制度探析

前科消灭制度在我国前科终生相随的体制下,由于受多种因素的制约和限制,其所受的重视一直不够.然而,科学的前科制度关系我国对犯罪分子的改造事业成败大局.基于刑法解释论的视角,从前科制度的历史发展维度等多重视角出发,论证了我国前科消灭制度应有走向,这对我国社会主义刑事制度的完善不仅具有十分重要的理论意义,也具有非常重要的实践价值.     

赃物犯罪若干问题探究

随着经济生活的不断发展,在司法实践中遇到的犯罪形式在不断翻新,理论与实务界对掩饰、隐瞒赃物犯罪行为人的主观方面及"犯罪所得"的认定等均存在较多争议。笔者拟在实务视角下,对犯罪者"明知"、犯罪对象中"犯罪所得"、犯罪客观行为以及赃物罪定罪标准等进行分析研究。     

宪法案例的拘束力——从最高人民法院废止齐玉苓案的批复谈起

宪法案例中的裁判理由不具有拘束其他国家机关的效力,所以对其进行改变是可以的。什么时候需要改变宪法案例中的裁判理由,是基于情事变更原则。即使最高人民法院废止齐玉苓案批复,该废止对齐玉苓案本身不产生溯及力。     

Southeast Asian cooperation in health: a comparative perspective on regional health governance in ASEAN and the EU

Globalization has led to new health challenges for the twenty-first century. These new health challenges have transnational implications and involve a large range of actors and stakeholders. National governments no longer hold the sole responsibility for the health of their people. These changes in health trends have led to the rise of global health governance as a theoretical notion for health policy making. The Southeast Asian region is particularly prone to public health threats such as emerging infectious diseases and faces future health challenges including those of noncommunicable diseases. This study looks at the potential of the Association of Southeast Asian Nations (ASEAN) as a regional organization to lead a regional dynamic for health cooperation in order to overcome these challenges. Through a comparative study with the regional mechanisms of the European Union (EU) for health cooperation, we look at how ASEAN could maximize its potential as a global health actor. Our study is based on primary research and semistructured field interviews. To illustrate our arguments, we refer to the extent of regional cooperation for health in ASEAN and the EU for (re)emerging infectious disease control and for tobacco control. We argue that regional institutions and a network of civil society organizations are crucial in relaying global initiatives, and ensuring the effective implementation of global guidelines at the national level. ASEAN’s role as a regional body for health governance will depend both on greater horizontal and vertical integration through enhanced regional mechanisms and a wider matrix of cooperation.     

超声作用对绵羊胎儿成纤维细胞转染效率的影响

为研究超声波对经脂质体介导的绵羊胎儿成纤维(sheep fetal fibroblasts,SFF)细胞转染效率的影响,用不同频率的超声波在不同时间内辐射经脂质体介导的SFF细胞,转染48h后收集细胞,用RT-PCR检测目的基因,台盼蓝染色检测细胞活性。转染后用G418挑选转基因单克隆细胞,计算转染率。结果显示,对细胞、质粒和脂质体的混合液共同超声辐射(时间60s,超声频率为2.5MHz)后转染,转染率要明显高于未超声辐射的细胞和先转染后超声辐射的细胞,并且细胞的存活率较高。结果表明,超声辐射不仅能改变细胞质膜的通透性,还能够提高脂质体介导的基因转染效率,增强基因介导的特异性和靶向性。     

Information exchange through non-binding advance price announcements: an antitrust analysis

We study the welfare effects of non-binding advance price announcements. Applying a simulation-based approach in a differentiated Bertrand model with horizontal products and asymmetric information, we find that such announcements can help firms to gain information on each other thereby allowing them to achieve higher profits. However, our results also show that the overall welfare effects of such announcements in a context of heterogeneous products are not as clear-cut as previous research in a homogeneous products framework has suggested. We conclude that—although non-binding advance price announcements may raise competition concerns—in many settings, their positive effects are likely to outweigh the potential detrimental effects on welfare.     

Does ASEAN Matter? International Relations Theories,Institutional Realism,and ASEAN

Abstract

The 1997 economic crisis and the ensuing political and social disorders not only have put regional security at stake, but also have seriously challenged the relevance of the Association of Southeast Asian Nations (ASEAN) in regional affairs. This article introduces a new institutional theory – institutional realism – to address the widely debated questions: Does ASEAN matter? If so, how? It argues that (1) ASEAN still matters in terms of coping with extra-regional threats through an institutional balancing strategy; (2) ASEAN's future depends on its institutional consolidation in dealing with intra-regional security problems.     

Prosecuting international crimes at the International Criminal Court: is there a coherent and comprehensive prosecution strategy?

The authors analyze the so far published selection and strategy papers of the Office of the Prosecutor (“OTP”) of the International Criminal Court (“ICC”) with a view to their consistency, coherence and comprehensiveness. Given the high number of communications and referrals to the ICC a focused strategy setting out the criteria for situation and case selection and prioritization should be one of the priorities of the Prosecutor. Thus far the Office has developed a strategic framework guided by four fundamental principles: focused investigations, positive complementarity, the interests of the victims and the impact of the OTP’s work. These four principles are critically evaluated by the authors in light of the ICC Statute and existing case law. In particular the positive complementarity approach, focusing on the cooperation with national jurisdictions and enhancing their own capacity to prosecute, is to be welcomed and reflects a realistic prosecutorial policy approach. The cooperation between the OTP and Germany in the prosecution of the leadership of the FDLR is a good case in point. Only such a close interaction with national jurisdictions enables the ICC to contribute to the further closing of the impunity gap. Yet, the OTP must still more precisely define its position with regard to the criteria used for the selection of situations and cases. Thus, a priority for the new Prosecutor should be the drafting of a more precise and comprehensive strategy, integrating the already existing policy and strategy papers as well as drawing on lessons learned.     

浅谈食品安全风险评估机构独立运行的必要性

目前,我国风险评估机构属行政序列,其评估工作不能独立、科学的运行,导致食品安全风险预警职能无法发挥,食品安全事故频发。食品安全风险评估机构有独立运行的必要性,为实现食品安全风险评估机构独立运行,应列入人大序列进行理论探讨,以求为实践提供借鉴。