网络著作权侵权之基本问题研究

伴随网络技术的飞速发展,互联网给传统的著作权制度带来了许多新的挑战,尤其当前对网络著作权侵权研究的欠缺,导致立法及实践中出现了一系列的问题。本文拟对其中有关的基本问题略陈管见,并提出个人的本观点和立法建议。     

网络服务提供者的民事责任问题浅析--以欧盟电子商务指令中的相关规范为中心

随着计算机网络服务的日益发展,许多新的法律问题接踵而至,给我国现有法律体制提出挑战.其中一个十分迫切的问题就是,如何针对网络上发生的非法行为,合理地界定网络服务提供者的责任.这个问题不仅关系到这一新兴行业的生存与发展,而且也关系到对网络服务消费者及相关权利人权益的保护.为此,通过对欧洲有关国家及欧盟的有关立法规定的分析,归纳它们在关于网络服务提供者的民事责任规定上的若干特点,并阐明其对中国相关立法的借鉴意义.     

The Leverage of the Gatekeeper: Power and Interdependence in the Migration Nexus between the EU and Turkey

In March 2016, the European Union and Turkey reached an agreement seeking to end the refugee flows from Turkey to Greece. This agreement is the outcome of a bargaining process in which Turkey gained considerable leverage from its position as a ‘gatekeeper’ situated between Syria and an increasingly ‘immigration-averse’ and securitised EU. More importantly, this bargaining process might have broader implications for the EU and its relations with its periphery, since Turkey has progressively reversed the asymmetries of power by demonstrating the indispensability of its continued commitment to act as gatekeeper vis-à-vis an increasingly fragmented and anxious EU.     

论气候难民保护面临的国际法问题及其对策

全球变暖增加了酷热、飓风等极端天气出现的频率,而气候变化导致的海平面上升也将严重影响沿海地区居民的生活。大量由气候原因而迁移的人由此催生了一个新的名词——气候难民。但是,无论是国际立法还是各国国内立法,由于缺乏明确、清晰的定义,使得国际、国内层面对于气候难民的保护迟迟未能落实。因此,应当给予气候难民一个明晰的定义,国际社会应当通力合作改善气候难民的生存现状,赋予其充分的生命权、健康权、财产权、土地权等,并积极促进其与当地社区的融合与交流,通过建立国际气候难民救助基金来保障气候难民的权利。     

The scope of exclusionary public response to the European refugee crisis

We know from previous research that an exclusionary reaction in public opinion is likely following a sudden and large-scale influx of refugees of the sort experienced in many European countries in 2015. Yet, we know much less about the scope of these expected reactions. This article makes a conceptual and empirical contribution to the analysis of the scope of exclusionary reactions following a refugee crisis. Conceptually, we distinguish between three scope dimensions: substantive reach, duration and politicization. Empirically, we evaluate each of the scope dimensions using seven-wave panel-data collected before, during and after the large-scale influx of refugees to Norway. We find that the expected exclusionary reaction (a) spilled over to opinion about immigration broadly speaking; (b) endured in that it lasted long after the situation in Norway had been brought under control; (c) encompassed voters of all political stripes. Nevertheless, we also document an important limitation to the scope of the reaction: The sudden influx of refugees to Norway did not cause a permanent shift in public opinion. Approximately two years after the situation had been brought under control, opinion about both refugee rights and immigration generally had reverted back to pre-crisis baseline levels. Interestingly, the conceptual and empirical analysis suggests that public opinion dynamics following a sudden and large-scale influx of refugees is similar to that found in response to other forms of large national or international crises.     

Exploring Agreement on Appropriate Responses to Domestic Violence and Sexual Trauma Across Victim Advocates,Mental Health Service Providers,and Substance Abuse Treatment Providers

Abstract

Research suggests that survivors of domestic violence and sexual assault are more at risk than the general population for substance abuse and/or mental health disorders (Kendler et al., 2000). Additionally, research suggests that survivors of both crimes are at risk to be “multiply diagnosed-have” a history of victimization, a mental health diagnosis, and abuse of alcohol and drugs (Steele & Rechberger, 2002). While advocates have called for a change in the treatment of trauma survivors to treat their multiple needs, the availability of collaborative care between victim advocates and behavioral health professionals remains questionable. Using survey data collected from victim advocates, mental health service providers, and substance abuse treatment providers, this study assesses the extent to which providers of different backgrounds agree on how to effectively and appropriately serve domestic violence and sexual assault survivors-the first step in achieving the goal of holistic care.     

European national news

The regular article tracking developments at the national level in key European countries in the area of IT and communications – co-ordinated by Herbert Smith LLP and contributed by firms across Europe. This column provides a concise alerting service of important national developments in key European countries. Part of its purpose is to complement the Journal's feature articles and briefing notes by keeping readers abreast of what is currently happening “on the ground” at a national level in implementing EU level legislation and international conventions and treaties. Where an item of European National News is of particular significance, CLSR may also cover it in more detail in the current or a subsequent edition.     

网络交易平台提供商的法律定位

目前我国法律关于网络交易平台提供商的义务并无明文规定,各种纠纷发生后其所应当承担的法律责任如何认定亦是法律上的一个难题。网络交易平台提供商在性质上是独立于交易双方的中介,其通过平台的技术支持,实现交易的自动完成。因此,对于网络交易平台提供商不能完全套用现有的法律进行规制,应当根据其自身的特点设定其应当承担的法律义务及法律责任。网络交易平台提供商对于注册用户之间的交易纠纷应承担过错责任。     

European national news

This article tracks developments at the national level in key European countries in the area of IT and communications and provides a concise alerting service of important national developments. It is co-ordinated by Herbert Smith Freehills LLP and contributed to by firms across Europe. This column provides a concise alerting service of important national developments in key European countries. Part of its purpose is to complement the Journal's feature articles and briefing notes by keeping readers abreast of what is currently happening ``on the ground'' at a national level in implementing EU level legislation and international conventions and treaties. Where an item of European National News is of particular significance, CLSR may also cover it in more detail in the current or a subsequent edition.     

The canary in the data mine

The present article aims at portraying the type of profile best required to fulfil the function of a Data Protection Officer (DPO) within the EU public sector. The article proposes the idiom of the “canary in a coal mine” as best positioned to describe the multidisciplinary role of DPOs. Due to the particularity and sensitivity of their function, Data Protection Officers act as early indicators of data protection incompliance within their respective area of expertise. Only when being functionally independent, Data Protection Officers could master the role of “canaries in the data mine” thus preventing possible data protection breaches and violations.