知识产权侵权行政责任及其归责原则探析--兼析TRIPs协议的相关条款

知识产权保护中公权力的介入,意味着其侵权行为,不仅应当承担民事责任,还需要承担行政和刑事责任.过错责任作为法律责任归责的基本原则,是知识产权侵权行政责任的基本归责原则.过错推定作为过错存在的判断方式,既能够适合行政责任追究的特点,也与过错责任原则并行不悖.讨论过错责任的例外,应以区分行政责任的处罚责任和其他责任为前提.为制止违法行为蔓延对行政秩序的损害,其他行政责任的无过错适用,可以认为是过错责任的例外.鉴于TRIPs协议的有关条款对我国相关立法的影响,进一步对TRIPs协议的有关条款进行比较分析,从行政法理论和与TRIPs协议协调与适应两方面,对我国相关立法和执法实践进行探讨是必要的.     

承揽合同四论

区别承揽合同与劳动合同,首先看当事人双方的约定,无约定时看补充协议;达不成补充协议的,遵循交易习惯;无习惯可循的,按照承揽合同处理。我国现行法对于次承揽合同设有若干限制,对于不规则承揽也予以了承认。关于工作成果所有权的归属,应当区分类型加以确定,不宜整齐划一。     

浅议试药导致损害的侵权责任

《药品临床试验质量管理规范》规定了我国药物临床试验的主要制度,但对试药导致损害的救济立法上不甚明确。建议通过侵权责任的方式对受试者的损害进行救济。试药人身损害的责任可适用过错推定责任原则,其构成要件应由损害后果、加害行为、因果关系、过错四部分组成。     

Social Disadvantage and Students' Perceived Injustice in Socially Integrated Schools in Israel

In this study we explored objective and attributed explanations of perceived injustice (PI) with respect to instrumental and relational rewards among junior high school students. Despite the socially heterogeneous school and classroom setting, PI found was relatively modest and differentiated by domain. It was more effectively accounted for by cognitive ability than by socioeconomic status, while the effect of ethnic extraction was very small. PI was attributed much less to social background than to teacher and individual factors with regards to instrumental rewards, and to teacher and peer behavior concerning relational rewards. To explain these findings we have suggested the egalitarian climate of the school and its success in bringing students to comply with the meritocratic norm, the disadvantaged students' rational consideration of the positive contribution of the integrated school to their life chances, and the diminishing ethnic identification among the younger strata of the Israeli society.     

论拾得遗失物

文章通过分析我国《民法通则》和《物权法》中拾得遗失物制度的相关规定,对该制度中的拾得物归属、报酬请求权、费用偿还请求权等问题进行了探究和评析,指出了几点《物权法》对该制度的完善,并提出了自己对拾得物遗失制度的几点立法建议。     

The Meaning of Intuition for the Negotiation Process and Outcome

Intuition is a useful tool for negotiators, as negotiations are often highly complex endeavors in which people make holistic judgments with incomplete information and no time for deliberation. Therefore, one might expect that intuition greatly influences negotiations and their outcomes and that negotiators would use intuition to their advantage. However, there is almost no systematic research into the meaning of intuition for negotiation. In this conceptual paper, drawing on five interviews of experienced negotiators, we apply general research on intuition to the specific case of negotiation and find that negotiators use intuition specifically for attribution and social interaction. We distinguish different intuition attitudes; identify preparation, time, and negotiation stages as relevant drivers for the use of intuition in negotiation; clarify the distinction between intuition and routine; and shine new light on the concept of domain-specific knowledge.     

Adolescents’ Experiences of Victimization: The Role of Attribution Style and Generalized Trust

Positive attribution style, negative attribution style, and generalized peer trust beliefs were examined as mediators in the relationship between adolescents’ peer victimization experiences and psychosocial and school adjustment. A total of 280 (150 female and 130 males, M_age = 13 years 4 months, SD_age = 1 year 1 month) adolescents completed measures of peer victimization, global self-worth, depressive symptoms, social confidence, school liking, loneliness, attribution styles, and generalized trust beliefs. Multigroup path analysis revealed that: (a) negative attribution style mediated the relationship between cyber victimization and school liking and depressive symptoms for males and females; (b) positive attribution style mediated the relationship between cyber victimization, school liking, global self-worth, and depressive symptoms for females; and (c) generalized peer trust beliefs mediated the relationship between social victimization, depressive symptoms, social confidence, and loneliness for females. Consequently, attribution style and generalized trust beliefs differentially influence the relationship between peer victimization and adjustment.     

Women are more likely than men to blame structural factors for women's political under-representation: Evidence from 27 countries

Over time, gender and politics research has made progress in identifying those factors that result in low numbers of women in political institutions and in making evidence-informed suggestions about how to ameliorate them. These factors include discrimination in party recruitment processes, male-dominated political culture and broader gender inequalities in society. In contrast, little is known about public opinion regarding these drivers of women's political under-representation, especially whether to who or what women assign blame for the under-representation of women in politics differs from men. This article provides the first discussion and analysis of blame assignment for women's numeric under-representation in politics. In doing so, it outlines and operationalises a framework that distinguishes between meritocratic explanations of women's under-representation, whereby the blame for women not holding political office in greater numbers is assigned to women themselves, and structural explanations, whereby social forces external to women are seen to result in their numeric under-representation. Cross-national data from 27 European countries is used to show that women are significantly more likely than men to assign blame for women's numeric under-representation to structural factors. The hierarchical nature of the dataset is exploited using multilevel models and significant differences in levels of structural blame assignment between countries is found as well as between-country variation in the probability of women assigning blame to structural explanations for women's under-representation. Finally, the category of structural explanations is disaggregated in order to assess their relative prominence and to provide strong corroborative evidence that women predominantly assign blame for women's under-representation to political culture over other structural blame factors. The article concludes with a discussion of the implications of the study's findings for policy makers contemplating the pursuit of gender equality policies aimed at increasing women's political representation and makes suggestions for the direction of future research in this area.     

Cooperation between counterparts in parliament from an agenda-setting perspective: legislative coalitions as a trade of criticism and policy

Governments may bargain with parties in parliament to silence them. This insight follows from the agenda-setting literature, which emphasises the power of the opposition to criticise the government. The literature on legislatures points to the fear of loss of future voter support as a motivation for majority building. However, it does not name factors that can cause such uncertainty. One such factor is opposition criticism. This article argues that majority building does not only involve an exchange of policy support; governments use legislative coalitions to dampen unwanted opposition blame. By offering the opposition noteworthy policy influence in legislative coalitions, governments avoid opposition criticism in return, in addition to having initiatives passed. In order to test this argument, a large dataset is compiled on opposition criticism in parliament and the media before and after the 325 bargained legislative agreements settled in Denmark from 1973 to 2003. It is found that such agreements are more likely amidst opposition criticism and that they dampen opposition criticism.