侵犯知识产权中损害数额的经济分析

侵犯知识产权的损害赔偿责任中,学界对如何确定损害数额存在着一定讨论。通过供需曲线这一经济学的基本方法对损害进行确定,具有直观、明确、简洁等优势,同时我们也可以发现我国目前在界定侵犯知识产权损害过程中的各种不当之处。     

Underdevelopment,Urban Squatting,and The State Bureaucracy: A Case Study of Tanzania

This article investigates a part of the “story of the story” of the 1924 revolution, the first popular anticolonial uprising in Sudan to be framed by a nationalist ideology. Considering that the process that turns a past event into history is neither linear nor predictable, I draw on Trouillot's “catalogue of silences” to compare two sets of sources that correspond to two moments in the making of 1924 as history: first, the judicial records produced by the Sudan government during 1924, and second the Ewart Report, written in 1925, to “seal” the revolution. A comparison of these two sources reveals radical discrepancies in the narrative, as well as the silences imposed on and well-concealed fine-tunings of the various voices of the revolution. Of these two sets of sources, it is the Ewart Report that provides the most influential interpretation of the 1924 revolution.     

政府购买养老服务研究现状、热点与前瞻--基于CNKI期刊的共词分析

对我国政府购买养老服务的研究成果进行梳理,从总体上定位其研究的热点主题、概括其研究特点,可以为该领域今后的研究提供理论前瞻。本文以CNKI作为数据来源,采用共词分析法,通过聚类分析、多维尺度分析、社会网络分析绘制出政府购买养老服务研究知识图谱。研究发现,政府购买养老服务的研究热点包括养老服务需求、养老模式、体制机制、养老服务事业发展、问题与对策等;呈现出以政策为导向、以实践为导向、以定性分析为主的研究特点。研究内容将呈现多样化趋势,研究方法采用定量与定性相结合,研究热点将聚焦在社会治理、制度创新等方面。     

一起自建集中式供水单位生活饮用水不符合卫生标准行政处罚案例评析

卫生行政执法部门在处理群众投诉举报时,对生活饮用水等与健康相关的产品依法进行采样抽检,对样品抽检结果不合格的单位依法对其处罚时,要对相关证据进行核实。通过本案例分析,提示对于检测样品要严格按照相关规范进行采样,对检验结果要依据国家卫生标准进行相关分析,相关程序符合要求,才能依据检验结果适用法律进行行政处罚。     

The Problems of Mexico: An Analysis of a Sociological Discourse

Based on an empirical analysis of articles published between 1987 and 2006 in three major Mexican sociological journals, my research traces the continuities and discontinuities in the study of the alleged malfunctioning of Mexican society. The study of how sociologists represented Mexican society has revealed several discursive dynamics. The traditional economic and political perspectives blaming social problems on elites predominate. Studies of electoral system flaws, political contention, lacklustre democracy in unions, and union collusion with industrial capitalism abound. More recently, however, the introduction of the study of globalisation has transformed the examination of these issues.     

尸体断层影像学文献计量分析

尸体断层影像学(post-mortem cross-sectional imaging,PMCSI),也称虚拟解剖(virtopsy)或解剖画像(Ai),是法医学的革命性技术。较国际而言,我国PMCSI领域发展相对缓慢。进行系统的PMCSI文献计量分析研究,对于厘清国际PMCSI发展整体概貌和制定我国PMCSI发展战略方面,有着重要的现实意义。本文通过对2013-2019年PMCSI领域下27个专业术语不同组合进行在线文献搜索,并对文献的年份、作者、研究领域、发表杂志、作者单位、发表国家等系列指标进行了定性定量分析。分析结果表明世界PMCSI发展迅速:PMCSI已成为国际法医学的研究热点;瑞士、日本和英国PMCSI研究位居世界领先地位;尸体计算机断层扫描、尸体计算机断层扫描血管造影和尸体磁共振成像三个领域研究最为深入;PMCSI研究已得到相关学界的认同;法医日常检案中普及PMCSI是世界发展趋势。     

Prototypicality analysis of the Comprehensive Assessment of Psychopathic Personality (CAPP): A cross-cultural perspective

The Comprehensive Assessment of Psychopathic Personality (CAPP) model is a new lexically based concept of psychopathy that has potential clinical utility. The main purpose of this research is to investigate the generalizability of the CAPP conceptual model in South Korea. In the current study, 88 experts and 1727 laypeople in South Korea were asked to evaluate the prototypicality of the symptoms of psychopathy (CAPP items) by using a Korean translation of the CAPP model (K-CAPP). In addition, 11 international prototypicality studies were systematically compared to the ratings by experts in the present study. As a result, it indicated that Korean experts and laypeople, on average, rated K-CAPP symptoms as moderately to highly prototypical of psychopathy, and more prototypical of psychopathy than symptoms theoretically unrelated to psychopathy (foils). Also, prototypicality ratings of K-CAPP symptoms made by those two groups were similar to each other as well as to ratings by experts and laypeople using the CAPP in other 11 countries. In conclusion, these results clearly show that both experts and laypeople in the current study conceptualized PPD in almost the same way as experts and laypeople from previous studies using the CAPP model.     

Transphobic discourse and moral panic convergence: A content analysis of my hate mail

Recently, new social anxieties about transgender people have begun to emerge, framed as an issue of “grooming”—a term typically used in the context of child sexual abuse. In this way, moral panic about transgender people seems to be merging with oft-repeated social fears about pedophilia, resulting not only in policies criminalizing trans people and their allies but also in escalating hatred and threats toward trans-affirming educators. This pattern requires further inquiry. As a trans academic who has been at the center of moral panic, my own hate mail can provide material for this exploration. I conducted a content analysis of 231 letters and e-mails sent to me containing messages of hate, to answer the following research questions:

1. What beliefs and understandings did my correspondents indicate having about me and my research?
2. To what extent did my correspondents’ beliefs and understandings about me reflect intersecting contemporary moral panics around trans and queer people, pedophilia, and educators?
3. What stated or implied goals did my correspondents aim to achieve by writing to me?

The findings of this study can add to understanding of how moral panics can converge, and the consequences of their convergence for marginalized groups in academia and beyond.     

高校顶岗实习生劳动者主体资格之法理探析

劳动法规立法的空白与制度的缺失使对高校顶岗实习生能否具备劳动关系中的劳动者主体资格这一问题的研究提上了日程,理论研究的分野与司法实务的无序,引发了激烈的纷争.考察劳动者概念界定之立法体例与理论渊源,并结合现实立法对高校顶岗实习生能否具备劳动者主体资格进行法理评析,在此基础上,从完善劳动法规立法的视角出发对高校顶岗实习生法律身份的定位展开了理论构想与类型分析.     

A study in contrasts

In this personal view of a 'second generation' psychoanalyst in Vienna, private life events are counterposed to political and social developments in Austria over the last twenty-five years, leading up to the phenomenon of Jörg Haider and the recent formation of the new Austrian government including his Freedom Party (FPÖ). In particular, de Mendelssohn discusses the resurgence of openly antisemitic utterances and racist electoral platforms, both against the larger background of historical precedents and against the smaller one of a psychoanalytic study group set up to enquire into the unconscious motives and fantasies involved in this resurgence. Although the emergence of public prejudice is an alarming sign, de Mendelssohn points to mitigating factors. On the one hand there is the possibility of seeing Austria as a 'test case' for similar, often more actively violent eruptions in other European countries, one in which coping strategies may be developed while there is still time. Here he sees the EU sanctions against Austria as fully justified. On the other hand there is an active and younger generation and a solid history of civil protest that may help strengthen Austria's rather weak democratic traditions. As an analogue to Freud's individual psychoanalysis, in which the 'return of the repressed' is seen as a painful experience but necessary for insight and growth, the resurgence of quasi-racist politics in Austria may be seen as a necessary result of long years of being more or less taboo, with the hope that there can be a 'working through' of inter-generational dislocation and social amnesia.