保护作品完整权的重构--对我国著作权法相关条款的质疑

我国著作权法上有关保护作品完整权的规范同日本、德国一样 ,都来源于《伯尔尼公约》。但后者却将其内容划分为作品本身遭受改动和作品本身没有遭受改动两种情形并规定了不同的构成要件。我国著作权法中有关作品完整权的规定在法律构造、保护水平上都失之偏颇。通过比较法上的分析 ,笔者对我国著作权法中有关作品完整权的规定提出了自己的建议。     

Parliamentary Voting Procedures in Comparison

Increasingly, scholars of legislative politics propose comparative analyses of parliamentary voting behaviour across different countries and parliaments. Yet parliamentary voting procedures differ dramatically across parliamentary chambers and ignoring these differences may, in the extreme, lead to meaningless comparisons. This paper presents a first glimpse at a comprehensive data collection effort covering more than 250 parliamentary chambers in 176 countries. Focusing on European legislatures it assesses what explains the differences in the rules among chambers. It is found that incentives linked to MPs’ visibility contribute to explain the transparency of the adopted voting procedures.     

The international diffusion of electoral systems: The spread of mechanisms tempering proportional representation across Europe

There is an assumption in much of the electoral engineering literature that domestic episodes of electoral system choice occur in a vacuum, isolated from international influences. Yet this assumption remains largely untested, despite the comparative focus of much of that literature. This article focuses on part of this gap by considering two electoral mechanisms that seek to limit party system fragmentation under proportional representation – low district magnitudes and high electoral thresholds – and shows that the mechanisms have spread across many European countries during the post‐1945 period. Analyses reveal that national legislators are more likely to adopt one of these electoral mechanisms when a large number of peer countries have made similar choices within the last two or three years. This effect is robust to various model specifications and to the inclusion of multiple controls. The article also offers some qualitative evidence from case studies and parliamentary debates.     

Territorial Polarization in Brazil's 2014 Presidential Elections

The 2014 presidential elections showed a growing political polarization based on regional differences in Brazil. Against this backdrop, President Dilma Rousseff was re-elected by the slimmest margin ever obtained by a Brazilian president. Rousseff's Workers’ Party (PT) has held the presidency for the past 12 years, gaining widespread support for reducing social inequality and maintaining macroeconomic stability in the country. However, as the latest presidential elections show, this support for the PT and its presidential candidate has eroded. This article argues that as a result of fiercer competition for votes, a more politically polarized discourse was used in the presidential campaign to mobilize voters around Brazil's regional divide between the richer south and the poorer north. In the analysis, the article attempts to elucidate possible causes of territorial patterns of voting in Brazil's 2014 presidential elections.     

Political Corruption and the End of two-party system after the May 2015 Spanish Regional Elections

The autonomous elections held on 25 May 2015 took place simultaneously in 13 of the 17 Spanish autonomous communities (CCAA), leading to the most profound change in the autonomous party system seen in Spain in the last 20 years. A significant number of Spanish citizens hold the two main parties—the PP and the PSOE—responsible for being unable to solve their economic problems and for having pursued their austerity policies and containment of social expenditure to the extent of giving rise to the greatest inequality experienced in Spanish society in history. Furthermore, and as important as the economic crisis, support for the new parties, Podemos and Ciudadanos, has been linked to the emergence in Spanish public debate of party regeneration and the corruption scandals that tainted the main parties and most institutions in the years prior to the elections on 25 May 2015.     

Assessment of Maceration Techniques Used to Remove Soft Tissue from Bone in Cut Mark Analysis

Maceration techniques employed in forensics must be effective without compromising the bone's integrity and morphology, and prevent destruction of evidence. Techniques must also be fast, safe, easily obtainable and inexpensive; not all techniques currently employed are appropriate for forensic use. To evaluate the most suitable approach, seven techniques including current and new methodologies were applied to fresh, fleshed porcine ribs exhibiting cut marks. A sample size of 30 specimens per technique was examined under scanning electron microscopy at the cut mark and the surrounding uncompromised regions; a scoring system of effectiveness was applied. The previously unpublished microwave method fared best for bone and cut mark preservation. Sodium hypochlorite destroyed cut marks, and was deemed unsuitable for forensic analysis. No single technique fulfilled all criteria; however, this study provides a benchmark for forensic anthropologists to select the most appropriate method for their situation, while maintaining the high standards required by forensic science.     

论一国两制下特区司法管辖权的限制性与完整性——纪念香港回归祖国9周年

在一国两制下,限制性是特区司法管辖权的基本特征,完整性欠缺是特区司法管辖权的现实状态。特区司法管辖权具有国家性、授权性、独立性、冲突性、限制性与完整性的统一等法理属性。特区司法管辖权的限制来自立法、行政、管辖权排除、基本法解释、特别情况、法院自我约束等方面。影响特区司法管辖权完整性的原因有制度建设滞后、法律冲突和协调机制不健全等。一国两制法治实践中出现的“管辖权僭越”违背了特区司法管辖权限制性原则,而制度和机制构建的滞后,也制约了特区司法管辖权完整性的实现。在现有特区基本法法律架构下,防止“管辖权僭越”和保证特区司法管辖权的完整性,应与国家法治建设同步,在既有制度建构中加以改善,需要首先解决一些比较容易解决、对一国两制可能的冲击和震荡较小的制度性、机制性问题,保护和保证特区司法管辖权的完整性,以期用较小的法律和政治代价,换取最大的一国两制效益。     

Government accountability and voting choice in Italy, 1990–2008

Between 1996 and 2008 Italy has experienced four government alternations in as many consecutive elections. It could be argued that after the dramatic party change that occurred in the early 90s the Italian system is in a state of constant flux and voters appear rather bewildered. This paper presents an opposite argument, showing that voters' choice reflects the greater importance of valence politics – performance, the economy – acting as a cue to voting behaviour, interacting with a long-term political predisposition. In turn, this promotes parties' responsiveness and accountability since the overall performance of a government – even of a coalition government – appears as a goal to be shared by all partners, under the threat of defeat for all. The analysis is carried out employing the Italian National Elections Studies series.     

基于企业诚信视角的食品安全问题研究

近年来,食品安全事故层出不穷,不少学者认为中国食品市场的监管体制不顺、监管法律不完善是食品安全事故多发的主要原因。诚然,这些都是不争的事实。然而,生产者承担的不安全成本过低,导致食品行业普遍缺乏诚信也是问题食品接连不断被生产出来的一个不容忽视的因素。因此,有必要研究抽样误差、检验误差、追溯误差对食品生产者成本的影响,进而不断创新监管工具和监管思路、改进监管技术,让不安全食品的生产者直接承担不安全食品所带来的成本,以此促使生产者为食品安全付出更多努力。     

Strategic adaptation to new electoral systems

How quickly, to what extent and under what conditions do voters and elites adapt to new electoral institutions in order to not waste their votes and effort on hopeless competitors? A latent‐curve model of strategic adaptation is developed and fitted to district‐level election data from Spain. The extent of strategic adaptation is generally found to vary with the strength of the electoral system. However, grave ethnic tensions are demonstrated to seriously retard adaptation even under favourable institutional conditions.