Building Community One Relationship at a Time: Consequences for the Seeking and Acceptance of Help

Three studies test the hypothesis that a perceived relationship is relevant to seeking and accepting help. The results first indicate a direct effect for a perceived relationship on the extent to which people are willing to seek and accept help. The findings further indicate that perceiving a relationship increases the importance of procedural justice judgments in shaping the decision to seek and accept help. This was true both in vertical relations (e.g., student–professor, resident–police officer) and in horizontal ones (e.g., student–student). The research extends prior findings showing that common group membership increases the influence of procedural justice judgments on whether people cooperate with fellow group members. The results show a parallel with the effects of a perceived relationship, suggesting a comparability between “relational” and “collective” levels of identity.     

论受贿罪选择客体及其对定罪量刑的影响

受贿罪是实践中案发率非常高的腐败犯罪,作为刑法学界研究较为深入的一个犯罪,其概念、构成要件、与它罪的区别、证据的判断、运用等问题的探讨已经有一个大致的眉目。然而,站在另一个平台和视角,学界对于受贿罪选择客体的研究却甚少。本文从一个细微的切入点探究了受贿罪选择客体及其对定罪量刑的影响。     

行政复议与行政诉讼在受案范围上的衔接问题

行政复议与行政诉讼在受案范围上的街接问题,需通过两种方式解决：一是通过修改行政诉讼法的受案范围来扩大案件的受案范围,以确保行政相对人的合法权利得到保障和实现。二是通过最高法院对现行行政审判当中出现的行政争议受案范围上的＂真空＂,制定有关的司法解释,以保证在审理行政案件中对出现的新的行政争议或超出受案范围有章可循。     

Swiss trade marks practice on misleading geographical indications

Legal context: Geographical references in trade marks are often used not onlyto refer to a certain territory of origin for certain goodsor services, but also to evoke desirable associations, imaginations,emotions, or ideas. The strict practice of the Swiss Trade MarksOffice often requires applicants to limit their list of goodsand services to certain countries. Key points: This abstract discusses the issues of geographically suggestivetrade marks in Switzerland, the strict test used by the SwissTrade Marks Office often requiring the applicant to limit thelist of goods to a specific country, the new stance the formerAppeals Board took in this regard, and how it was struck downby the Swiss Supreme Court, confirming the strict test of theTrade Marks Office. Finally, the article gives a solution onhow the issue of geographical references in trade marks shouldbe treated in order to match reality. Practical significance: It is important to know that the Swiss Trade Marks Office appliesa strict test when it comes to geographical references in trademarks. Usually, the applicant is required to limit the listof goods, although it is questionable whether the trade markreally suggests that the goods stem from a certain country.Foreign decisions are not binding for the Swiss Trade MarksOffice and in this regard usually disregarded.     

新时期高校学生党员发展工作存在的问题

由于市场经济负面效应等影响,高校学生党员发展工作中存在着入党热情不高、动机不纯、带有明显的功利性等问题,要抓理想信念教育、观念的转变、制度建设、党员作用的发挥、创新教育、队伍建设和“配套工程”建设,真正使高校学生党员发展工作做到务实高效、与时俱进。     

The emotional motivation of righteous behavior

A distinction is made between two types of prosocial behavior: personal-helping and righteous behavior. Past studies suggest that sympathy may motivate personal helping but not righteous behavior. The latter may be better predicted by feelings of moral outrage and existential guilt. An experiment was designed to motivate a piece of righteous behavior, the writing of a political letter to stop the testing of nuclear weapons. A series of premeasures ascertained strength of attitude, sense of efficacy, acceptance of responsibility, and prior antinuclear behavior. Subjects who supported a nuclear freeze were exposed to material advocating a nuclear test ban, a video of a congressional aide who argued for the efficacy of writing letters to congressional representatives, and emotionally arousing material on the bombing of Hiroshima. After answering a questionnaire that included items to measure emotional state, subjects were individually given the opportunity to write a letter as they were waiting to be interviewed. Social pressure was deliberately minimized. Extent of moral outrage predicted both previous behavior and letter-writing behavior during the experiment. It combined with previous behavior and sense of efficacy to predict 56% of the variance in experimental behavior: Neither sympathy nor existential guilt were significantly related to this righteous behavior.     

确认不侵犯专利权之诉的受理条件研究

自2002年我国承认确认不侵犯专利权之诉开始,法院在专利权人发送警告信、专利权人不作为和专利权人撤销侵权诉讼三种情况下均受理此类案件。本文在分析我国司法实践的基础上,借鉴外国的相关做法,建议修改2009年司法解释第18条的规定,并将2009年审判意见第13条规定的第二种情形纳入司法解释范围,进一步完善我国的确认不侵犯专利权之诉的受理条件。     

Adolescents’ Acceptance of Same-Sex Peers Based on Sexual Orientation and Gender Expression

This study investigated tenth- and twelfth-grade adolescents’ (N ≤ 264) judgments about the acceptability of same-sex peers who varied in terms of their sexual orientation (straight, gay or lesbian) and their conformity to gender conventions or norms in regard appearance and mannerisms or activity. Overall, the results of this study suggest that adolescents’ conceptions of the acceptability of their peers are related not just to sexual orientation but also conformity to gender conventions. Both straight and gay or lesbian individuals who were non-conventional in their appearance and mannerisms were rated as less acceptable than individuals who conformed to gender conventions or those who participated in non-conventional activities. Most surprisingly, for boys, the straight individual who was non-conforming in appearance was rated less acceptable than either the gay individual who conformed to gender norms or was gender non-conforming in choice of activity.

大陆法系各国（地区）亲告罪立法之比较

告诉乃论制度对充分保障被害人权利、实现刑罚谦抑、促进刑事和解具有重要意义。大陆法系各国均规定了数量庞大的亲告罪,我国的亲告罪名却很少,类型也很单一。制约亲告罪范围扩大的真正原因在于我国亲告罪告诉机制的缺陷。我国刑法与刑事诉讼法对亲告罪告诉权的救济性规则缺乏,亲告罪与自诉罪混淆,告诉权与证明责任混淆,告诉制度不完善。通过归纳、比较各国刑事立法例中的优劣,认为我国可采被害人可自由选择自诉的混合起诉制,以弥补亲告罪告诉机制的缺陷。     

检察环境行政公益诉讼受案范围的实证分析

检察环境行政公益诉讼的受案范围是一个理论和实践交叉的疑难课题,涉及被诉主体类型、被诉违法行为类型和诉讼拟救济利益类型三个核心要素。通过对已有检察公益诉讼案例的分析和理论比较可知,检察环境行政公益诉讼的被告类型应限于国务院或地方各级人民政府中对环境、生态、资源保护领域负有监督管理职责的职能部门,可以是单一被告,也可是共同被告,但一般多属于普通共同诉讼。被告的涉诉行为可能是环保领域的行政不作为,也可能是违法行使职权。检察环境行政公益诉讼应以救济环境公共利益为主,环境公共利益应区别于基于国家自然资源所有而产生的国家利益。