关于知识产权案件审判的几点思考

近年来，我国知识产权案件数量快速增长，知识产权案件审判发展也十分迅速。随着各种新技术的发展，知识产权案件审判所面临的新问题更是层出不穷。面对这样的挑战，解决好纷繁复杂的案件需要回归基本概念和原理、综合考虑法律适用问题，并适当借鉴和吸收一些域外的先进经验。     

Differences in Effects of Domestic Violence Between Latina and Non-Latina Women

There has been much research on the effects of domestic violence on women; however, little research has focused on possible differences in reactions to domestic violence between Latina and non-Latina women. Comparable samples of Latina and non-Latina women were obtained and analyses revealed that there were no significant differences between the two samples with regard to the nature and severity of the domestic violence to which they were exposed. However, results indicated that Latina women who had been victims of domestic violence had significantly greater trauma-related symptoms, depression, lower social and personal self-esteem, and were less likely to make global attributions for positive events than were non-Latina women. They also reported more parenting stress due to their child's behaviors than did non-Latina women. The implications of these results in light of cultural differences between Latina and non-Latina women are discussed.     

美沙酮替代疗法的犯罪学思考

面对严峻的吸毒贩毒形势,我国政府采取了理性客观务实的态度,采取美沙酮替代疗法(试点),致力于有效治理吸毒成瘾者,控制艾滋病的传播和预防减少犯罪,在实际操作中收到了良好的效果。然而,吸毒现象有其产生的历史和现实的原因,要迅速而彻底禁绝吸毒是不现实的;面对吸毒与艾滋病要防治结合、多管齐下,有效预防才能减少犯罪,美沙酮替代疗法的实施,体现了人性关怀的策略。     

Studying the New Communication of Politics

A research agenda set forth in the 1975 book Political Communication is well suited for study in an era when conventional mass communication gives way to less centralized channels. Features of this approach include a focus on behavior and cognitions rather than inferred attitudes, close attention to measurement of media experience, conceptualization of curvilinear processes that occur over time, comparative theorizing that can be tested across different national systems, and reconceptualization of communication as a process defined more by its functions than whether it occurs via mass media or interpersonal channels.     

Using Big Data and Algorithms to Determine the Effect of Geographically Targeted Advertising on Vote Intention: Evidence From the 2012 U.S. Presidential Election

We develop a new conceptualization of political advertising effects by looking at the effect of the marginal advertising dollar during the heat of presidential campaigns. We argue that in contrast to other studies investigating effects of political ads, our approach is more apt to capture the natural environment in which political ads are encountered during a presidential campaign. We focus on the intense inundation of political ads voters are confronted with in swing states in the weeks leading up to the presidential election, and argue that it is unclear a priori whether we should expect advertising to affect vote intention in that critical circumstance. We empirically validate this hypothesis using a trove of data from the 2012 campaign: daily polling in media markets around the country, detailed data on all registered voters in the country, all TV advertisements by market and exact airtime, and the entire Twitter corpus. We find that neither overall increases in advertising spending nor partisan imbalances in spending expanded the candidates’ electorate. In fact, total Designated Market Area (DMA)-level spending significantly moderates a negative relationship between spending advantages and advantages in vote intention, suggesting a boomerang effect of additional spending late in the campaign. In closing, we discuss the ramifications of our findings for future research, and stress the importance of research tracking advertising effects.     

Going on the offensive: Negative messaging in British general elections

What drives British parliamentary candidates to attack their opponents? Using an original dataset of approximately 7500 general election leaflets from four elections between 2010 and 2019, we offer the first study into the conditions under which British parliamentary candidates use negative messaging. We find that leaflets from opposition candidates and candidates contesting marginal (i.e., competitive) seats are more likely to include messages about their opponent(s), which suggests that candidates respond to the incentives and pressures that come from both their local and national environment when determining whether to include negative messaging in their leaflets. Moreover, we find that, as seats become more marginal, candidates from government parties become just as likely as opposition parties to engage in negative messaging, and therefore, voters in marginal seats are likely to experience more negative campaigns than those residing in seats where the outcome is a foregone conclusion. Taken together, our findings make an important contribution to the growing body of literature that explores how candidates use negative messaging in party-centred systems.     

论行政侵权赔偿责任因果关系

行政赔偿因果关系是法律关系的一个连接点,行政赔偿因果关系的认定模式应构建在对因果关系适当分类的基础上。"公平正义"应作为行政赔偿因果关系认定的基本准则,行政赔偿因果关系应重新定义。     

医疗机构在医药产品侵权中的责任研究——以中外对比研究为重点

由于医药产品在医疗活动得到了广泛应用,医药产品侵权问题也成为一个热点问题。世界各国对医疗机构在有缺陷的医药产品侵权中是否承担责任以及如何承担责任主要有两种做法：一是,医疗机构作为医疗服务的提供者不承担产品责任,而由产品的生产者和销售者按照严格责任原则承担产品责任。这一做法以英国和美国为代表。二是,医疗机构通过提供医药产品获得经济,其行为性质与销售无异,因而与产品的生产者、销售者按照严格责任原则承担连带责任。这一种做法以欧盟为代表。笔者认为,我国《侵权责任法》采第二种做法。本文采用共同侵权的连带责任原理对《侵权责任法》的相关规定进行分析。连带责任产生外部法律效果和内部法律效果。就外部法律效果而言,对医疗机构和生产者同时适用产品责任的严格责任原则,患者既可以向生产者请求赔偿,也可向医疗机构请求赔偿。就内部法律效果而言,对医疗机构和生产者分别适用过错原则和产品责任的严格责任原则,即医疗机构在经患者请求赔偿其损害后,如果对医药产品的缺陷没有过错,可以向生产者追偿。我国《侵权责任法》的规定在倾斜保护患者利益的同时,有可能产生负面影响。医疗机构应当积极应对。     

Selection Effects and Deterrence

The empirical question of how often deterrent threats issued during international disputes succeed has been hotly debated for years, with some researchers arguing that virtually no robust cases of success can be identified. I argue that what appears to be an empirical and methodological debate actually arises from the inadequacy of classical rational deterrence theory, which fails to comprehend the implications of states' strategic self-selection into international disputes. Rational self-selection is shown to imply that in a sample of crises, deterrent threats issued after an initial challenge will tend to fail in precisely those cases where they are relatively most credible signals of an intent to resist with force. The product of a selection effect, this paradoxical implication allows a resolution of the debate on the efficacy of deterrence in crises. And because selection effects can arise whenever a historical "case" is the product of choices by actors who also influence the outcome in question, this example from the study of deterrence has broad relevance for empirical research.