论违反安全保障义务侵权行为及其责任

违反安全保障义务的侵权行为是一种新类型的侵权行为,是中国近年来司法界和学术界非常重视的一种侵权行为。目前,最高人民法院已经作出了司法解释,使这种侵权行为的法律适用有了初步的依据。在制定中国侵权行为法中,应当进一步借鉴大陆法系侵权行为法的违反安全保护义务侵权行为的立法经验和英美法系侵权行为法的土地利益占有人的侵权责任的立法经验,确立完善的法律规则,制裁这种侵权行为,使民众的合法权益得到更完善的保护。     

论江泽民的党风廉政建设思想

江泽民同志在成为党的第三代领导核心以后，对党风廉政建设高度重视，并形成了丰富而又有独到见解的党风廉政建设思想：党风廉政建设关系到党的生死存亡；党风廉政建设，首先要从源头抓起，根本在于加强党的制度建设，关键在于强化党内监督。     

论辩护人妨害作证罪之行为方式

辩护人妨害作证罪的行为方式是威胁、引诱证人违背事实改变证言或者作伪证。其中威胁是指辩护人意图以杀害或者伤害证人及其近亲属、毁坏财产、破坏名誉等相恐吓,对证人的精神进行强制,造成证人精神上的恐惧、心理上的压力和自由意志的抑制,从而使证人处于"不敢"抗拒的境地而违背事实改变证言或者作伪证。引诱是指辩护人以诱使证人违背事实改变证言或者作伪证为目的,采取金钱、物质或者其他利益的方法,诱使证人违背事实改变证言或者作伪证。     

Multinational Corporations in World Development: 40 years on

In light of the 2014 Ecuador-sponsored resolution at the UN Human Rights Council to examine the link between Transnational Corporations and Human Rights, in this paper I review the first major discussion at the United Nations of the role of multinational corporations. The report on Multinational Corporations in World Development (1973) for the UN Department of Economic and Social affair launched the (then) new UN Centre on Transnational Corporations. I examine the report in some detail, compare and contrast this with the Ecuadorian resolution from 2014, and reflect on the continuities and changes in attempts to regulate the conduct of global corporations over the 40 years between these two moments.     

The GeFI (Italian Forensic Geneticists) code of conduct

The Ge.F.I. (Italian Forensic Geneticists) board has set up a working group aimed to develop the “Code of conduct of a Forensic Geneticist”. This group includes all practitioners working in the field of forensic genetics. The rules of the code of conduct apply to forensic geneticists belonging to the GeFI group and all of those sharing the GeFI’s mission, vision and values applicable to their professional practice, reciprocal relationship and relationship with third parties.     

Updating International Law Enforcement Ethics: International Codes of Conduct

For any profession, establishing codes of ethics that are both practically relevant and up to date is an ongoing challenge. Law enforcement is no exception to this as agencies are faced with an evolving modern environment. With changes in technology, types of policing, and sources of societal conflict there is a potential array of new or evolving ethical considerations that confront the profession. Attempts to distill and prescribe law enforcement ethics at the international level have resulted in the creation of the “Law Enforcement Code of Conduct” of the International Association of Chiefs of Police (IACP) and the “Code of Conduct for Law Enforcement Officials” of the United Nations (U.N.). However, both these codes were created decades ago, so they do not cover some of the more contemporary ethical issues that have arisen. This article compares the content of the IACP and UN codes and identifies a range of ethical issues either absent or insufficiently addressed. Normative themes and issues are organized around the following topics: difficulties in applying the codes, human rights and the use of force, misconduct and integrity, and enforcement and accountability.     

Gender differences in the association between conduct problems and other problems among adolescents

The present paper examines whether there are gender differences in the associations between various dimensions of conduct problems and other problems in adolescence. Other problems studied are both of an externalizing nature (substance use) and an internalizing nature (suicidal behavior and emotional problems). Data stemmed from a large general population sample of Norwegian adolescents (N=9?342). On the basis of earlier studies, conduct problems were decomposed into three dimensions, labeled ‘Theft and vandalism’, ‘School opposition’ and ‘Covert behavior’. The first dimension includes different kinds of stealing and violence against objects, whereas the second includes school-related conduct problems of an overt aggressive kind. The last dimension reflects avoidance of arenas under adult control. Whether or not gender differences were detected, depended on the kind of conduct problems considered. We observed stronger associations between two dimensions of conduct problems, theft and vandalism and school opposition, and other problems among girls than among boys. There were no male/female differences in the associations between covert behavior and other problems.     

Who ‘Owns’ the Streets? Ritual Performances of Respect and Authority in Interactions Between Young Men and Police Officers

Joining insights from the work of Richard Sennett and Erving Goffman, I probe the power relations which underlie the performances and negotiations of respect and authority in interactions between young men and police officers. Two cultures or codes of conduct most often clash in these confrontations, which interestingly enough bear some key similarities. The officers from the local police office that I observed attempted to avoid unnecessarily engaging youths in confrontations and thereby evaded contests of face. Their assignment in the field was to make their presence felt in the area they were patrolling and to bring the youth to an understanding that they were sharing this territory with them. The officers from the ‘street peace group’ had a different agenda and sought out confrontations with youths and thereby engaged them in public show‐downs over face. Their assignment in the field was to bring respect among the youth for the authority of the police, that is, to force a submission to their authority, and this is most readily accomplished through contests of face—contests in which they had the upper hand and through which they demonstrated time and again that they (the police authorities) controlled the streets (at least momentarily).     

Do government sponsored marriage promotion policies place undue pressure on individual rights?

The dominance of social science research in the debate over the Bush Administration’s Healthy Marriage Initiative may explain why questions regarding the proper role of government in regulating adult intimacy have received little attention. Social science research focuses on outcomes such as well-being and health. In contrast, rights-based legal theory considers whether state action undermines the rights of individuals. In this article, I intend to shift the debate over marriage promotion policy from questions of child well-being to questions of individual rights. I will ask the following questions: Do individuals have a liberty interest in making their own choices about intimate relationships, such as marriage? Do federally-financed (and frequently state-run) marriage programs compromise this liberty interest? Are there any constitutional grounds for objecting to marriage promotion policy?     

论专利申请人之现有技术披露义务

问题专利产生了严重的社会后果,提高专利授权质量具有迫切性。高质量的现有技术检索是提高专利授权质量的前提,这在专利申请数量巨大的背景下显得尤为重要。专利申请人及其代理人在专利审查过程中,应向专利审查部门依诚信原则披露其所知悉的、对申请案之可专利性具有关键性价值的参考资料。建立具有法律效力的现有技术披露义务符合专利制度的立法目的和利益平衡原则,节约现有技术检索的社会成本,从而保障专利审查中现有技术检索的质量。我国《专利法》第36条规定了该义务,但没有规定相应的法律后果。我国应通过立法和司法两方面来完善申请人的现有技术披露义务。