涉企业数据竞争行为的法律规制

企业数据在既有法律框架下无法获得充分保护,作为一种财产性利益,企业数据与一般条款具有耦合性。但是,一般条款的裁判思路依赖于传统侵权模式,最高人民法院在"海带配额案"中创设的三个构成要件,使一般条款陷入困境,无法应对行为规制法的本质要求,无法与《民法典》相衔接。企业数据涉及个体经济利益、行业利益及公共利益,"全有全无"构成要件式的侵权判断,不能应对复杂多变的涉企业数据竞争行为的法律规制。动态系统论以"或多或少"的思路考量各要素的数量和强度的协作,按照价值位阶和顺序,考虑企业数据本身的合法性、行为人主观过错、行为影响,根据具体场景综合权衡损害与收益,可以为涉企业数据竞争行为的正当性判断提供正确的裁判思路和理论支持。     

Chinese warfare and politics in the ancient East Asian international system,CA. 2700 B.C. to 722 B.C.

Ancient East Asia is the second oldest “protobellic area” and pristine state system of international relations within the global international system, after West Asia (ancient Near East). In a previous study Cioffi‐Revilla and Lai (1995) reported the first findings on the origins and evolution of war and politics in ancient China (Legendary, Xia [Hsia], Shang, and Western Zhou [Chou] periods), ca. 2700 B.C to 722 B.C In this paper we make public an expanded data set (N = 104 cases, 12 variables; version 2.0), explaining our sources, measurements, and data quality control procedures. The new data set will permit investigators to test hypotheses about warfare distributions, ethnic and protracted conflicts, time series, periodicity, system dynamics, and structural relationships (e.g., war‐polarity theories). This new long‐range data set should also promote a new stage in comparative analyses of the universal and particular properties of warfare and international systems, both cross‐polity and longitudinally.     

Population data for Central Portugal population with NGM amplification kit

The purpose of this work was to establish frequencies and population statistic parameters for Central Portugal population using NGM amplification kit as well as carry out a comparative study with other population groups.     

Digital forensics as a service: Game on

The big data era has a high impact on forensic data analysis. Work is done in speeding up the processing of large amounts of data and enriching this processing with new techniques. Doing forensics calls for specific design considerations, since the processed data is incredibly sensitive. In this paper we explore the impact of forensic drivers and major design principles like security, privacy and transparency on the design and implementation of a centralized digital forensics service.     

Changing classes,changing preferences: how social class mobility affects economic preferences

Abstract

While many studies have identified an association between social class and economic preferences, we know little about the implications of changes in class location for these preferences. This article assesses how social class and intra-generational class mobility affect economic preferences drawing on longitudinal data from the British Household Panel Survey. In doing so, the article adopts a post-industrial perspective that considers horizontal and vertical class divisions. Even when time-invariant characteristics of individuals are kept constant (through fixed-effects estimation), it is found that both vertical and horizontal class location explain economic preferences. Thus, these estimations suggest that social class moulds preferences, even when accounting for factors that can lead to selection into classes. Moreover, people who change classes hold different economic preferences than their peers in the class of origin, but do not completely assimilate into their class of destination. This implies that growing intra-generational class mobility could undermine the class basis of political conflict.     

EU issue voting and the 2014 European Parliament elections: a dynamic perspective

EU issue voting in European Parliament elections has been shown to be highly conditional upon levels of EU politicization. The present study analyzes this conditionality over time, hypothesizing that the effect of EU attitudes on EP vote preferences is catalyzed as EP elections draw closer. In contrast to extant cross-sectional post-election studies, we use a four-wave panel study covering the six months leading up to the Dutch EP elections of 2014, differentiating between party groups (pro, anti, mixed) and five EU attitude dimensions. We find that EU issue voting occurs for both anti- and pro-EU parties, but only increases for the latter. For mixed parties we find no effect of EU attitudes, yet their support base shifts in the anti-EU direction as the elections draw closer. The overarching image, however, is one of surprising stability: EU attitudes form a consistent part of EP voting motivations even outside EP election times.     

Trends in the proportion of married women of reproductive age in Spain, 1887–1991

Using the Princeton nuptiality index I_m, we analyzed historical developments in the proportion of married women of reproductive age in Spain. We show the internal diversity in nuptiality patterns and offer an explanatory statistical model based on panel data analysis to identify the main variables influencing these changes over more than a century (1887–1991). We found that Spain has been the developed country with the greatest contrasts in its provincial nuptiality patterns (measured by I_m), although this diversity has lessened over the course of time. We also found that some socioeconomic variables (the gross domestic product per capita and the percentage of population living in cities) do not have a linear relationship with female nuptiality but rather have a U shape or an inverted U shape. This may partly account for some of the controversy that has raged on this topic over the past few decades on an international level.     

论大数据技术对公安工作的影响

大数据具有的4V特性决定了大数据技术将从多个角度和层面丰富侦查方式,提高了各类案件的侦破效率;以高科技预防高科技犯罪,做到打击迅速、减少损失,还百姓以现实的安全感;整合多种资源,引导社会运转,预见行为规律,构建令百姓满意的和谐治安环境;让公安工作始终开展的公正透明,百姓享有现实与虚拟环境里的平等权利;提供高效的管理手段和模式,不断推动社会管理的创新。全面认识大数据技术对公安工作的影响,有利于推动公安工作上台阶,不断实现新的突破。     

论完善个人信息保护法制的几个问题

个人信息保护是信息化过程中而产生的问题,在国外有关国家和地区早已掀起了个人信息保护立法的浪潮。鉴于此,本文立足于世界有关国家和地区个人信息立法的情况,对其中涉及逻辑基础、适用范围、原则及个人信息主体的权利、适用例外等问题进行了探讨。     

Metrological framework for selecting morphological characters to identify species and estimate developmental maturity of forensically significant insect specimens

Accurate age estimates of immature necrophagous insects associated with a human or animal body can provide evidence of how long the body has been dead. These estimates are based on species-specific details of the insects’ aging processes, and therefore require accurate species identification and developmental stage estimation. Many professionals who produce or use identified organisms as forensic evidence have little training in taxonomy or metrology, and appreciate the availability of formalized principles and standards for biological identification. Taxonomic identifications are usually most readily and economically made using categorical and qualitative morphological characters, but it may be necessary to use less convenient and potentially more ambiguous characters that are continuous and quantitative if two candidate species are closely related, or if identifying developmental stages within a species. Characters should be selected by criteria such as taxonomic specificity and metrological repeatability and relative error. We propose such a hierarchical framework, critique various measurements of immature insects, and suggest some standard approaches to determine the reliability of organismal identifications and measurements in estimating postmortem intervals. Relevant criteria for good characters include high repeatability (including low scope for ambiguity or parallax effects), pronounced discreteness, and small relative error in measurements. These same principles apply to individuation of unique objects in general.

Key points

• Metrological rigour can increase in forensic entomology by selecting measurements based on their metrological qualities.
• Selection of high-quality features for morphological identification of organisms should consider these criteria: (1) pronounced discreteness of features (minimising group overlap or maximizing interval); (2) high repeatability of assessment (such as symmetrical width rather than asymmetrical length); (3) small relative error in measurement (selecting the physically largest continuous rigid feature for measurement).
• These metrological principles also apply to individuation of unique objects in general.