生产、销售假药罪司法实务疑难问题探析

本罪中“假药”应依照《中华人民共和国药品管理法》的相关规定来认定。“足以严重危害人体健康”的判断标准必须从关于具体危险犯的具体危险的判断的相关理论出发，基于结果无价值的立场坚持客观说，从实质上进行判断。对无生产、销售药品资格的企业生产、销售药品行为的定性应具体问题具体分析。本罪的罪过形式只能是间接故意。     

借鉴保释制度完善取保候审的若干思考--从英美国家保释制度变迁的视角

我国现行的取保候审制度无论在理念上还是制度设计本身在刑事司法实践中都暴露出了一些不尽如人意之处.在这种情况下,英美国家普遍存在的保释制度开始引起理论界普遍关注.然而英美的保释制度在其价值、源流和本体上有其特殊的背景,在制度变迁的过程中也暴露出了一些问题.通过比较与思考,我们既要看到保释制度具有的合理性,又要审视其中存在的问题,结合我国刑事诉讼本土特征寻找出完善现行取保候审制度的可行方案.     

Influence of WTO decisions on international intellectual property

Legal context: The task of harmonization in the IP framework is currently atrisk. This conclusion is shown by the way EU Member States have recentlyenacted Directive 2001/29 on the harmonization of certain aspectsof copyright and related rights on the information society.Particularly, no Member State seems to have considered the interpretationof the three-step test of the Berne Convention given in 2000by the WTO panel, notwithstanding its importance. Moreover, three recent opinions of the French Cour de Cassation,the French Conseil Constitutionnel, and the German Federal Courtof Justice appear not to have endorsed the WTO's interpretationof the three-step test. This scenario confirms the impressionthat the international framework is devoid of any degree ofharmonization. Key points: Although the aims of certainty and predictability in the internationaltrading system are among its main tasks, the World Trade Organizationhas not yet tackled the plight of harmonization, preferringa political approach to smooth conflicts and disputes. Yet,the World Trade Organization has recently taken important stepsthat seem to herald a new attitude. In United States—Sections301-310 of the Trade Act of 1974, the World Trade Organizationdismissed the traditional deference towards national legislations.In addition, at international and national levels, the AlleghenyLudlum and Softwood Lumber cases aligned their interpretationsto that of the World Trade Organization.     

我国中介机构发展亟需解决的几个问题

中介机构在社会生活中发挥的作用越来越重要，已经成为人们社会生活中不可缺少的一部分。但是，随着中介机构的深入发展，与之相伴随的各种问题也逐渐暴露出来，本文主要从我国中介机构急需解决的法律法规、网络建设、品牌建设等七个方面入手来阐述。     

The provenance of émigrés: the validity of measuring knowledge of places

Establishing the origin of those seeking asylum is essential but difficult as asylum seekers often cannot corroborate their origin claim with documents. The aim of the present study was to assess whether asking knowledge questions, sketch questions and impossible questions are valid methods to determine the veracity of an origin claim. Participants (N?=?105) from Tilburg (truth-tellers), Maastricht (partial liars) and Gothenburg (full liars) were asked to convince an interviewer that they originated from Tilburg. Half of them prepared and half of them did not prepare themselves for the interview. They were asked 10 knowledge questions typically asked to assess the credibility of origin claims, 4 impossible questions and 1 sketch question. Participants from Tilburg answered more questions correctly than participants from Maastricht and Gothenburg. Performance also improved with preparation. Even though the results did provide some support for the validity of assessing claims about origin by asking knowledge questions, the differences between the groups were modest, and it was impossible to correctly identify all truth-tellers and liars. Changing the output modality from verbal answering to sketching contributed to the credibility assessment of origin claims, whereas impossible questions were not discriminatory.     

Outsmarting the Liars: The Benefit of Asking Unanticipated Questions

We hypothesised that the responses of pairs of liars would correspond less with each other than would responses of pairs of truth tellers, but only when the responses are given to unanticipated questions. Liars and truth tellers were interviewed individually about having had lunch together in a restaurant. The interviewer asked typical opening questions which we expected the liars to anticipate, followed by questions about spatial and/or temporal information which we expected suspects not to anticipate, and also a request to draw the layout of the restaurant. The results supported the hypothesis, and based on correspondence in responses to the unanticipated questions, up to 80% of liars and truth tellers could be correctly classified, particularly when assessing drawings.

Public Administration Reform in a Challenging Environment: A Review of the Establishment of the Health Economics and Financing Directorate (HEFD) within the Afghanistan Ministry of Public Health

The purpose of this article is to provide an example of recent public administration reform in Afghanistan. In 2003, the Afghan Ministry of Public Health (MoPH) established the Basic Package of Health Services (BPHS) and other health services. To date, service delivery has been conducted largely by NGOs, funded by the main international donors, and managed by the Grant and Contracts Management Unit (GCMU) of the MoPH. Despite these advancements, Afghanistan continues to face significant challenges in health service provision and policy. In 2009, the GCMU was restructured into the Health Economics and Financing Directorate (HEFD), which broadened the scope of the Unit to conduct important economic analyses. This article examines the MoPH's role in health financing as a developing institution engaged in applied health economics and policy analysis. This development will allow the MoPH to build evidence for policy-making and further establish its stewardship role in the health sector.     

Parliamentary questions as a control mechanism in coalition governments

This article argues that government parties can use parliamentary questions to monitor coalition partners in order to reduce agency loss through ministerial drift. According to this control logic, government parties have particular incentives to question ministers whose jurisdictions display high policy conflict and high electoral salience and thus hold the prospect of electorally damaging ministerial drift. Multivariate regression analysis of all parliamentary questions in the German Bundestag between 1980 and 2017 supports this hypothesis, showing that cabinet parties address substantially and significantly more questions to ministries held by coalition partners on salient and ideologically divisive issues. This interactive effect does not occur for opposition parties or questions posed to own-party ministers. These findings, as well as the temporal patterns of questioning over the electoral cycle, indicate that control within coalitions is a distinct motivation for questioning ministers that cannot be reduced to existing explanations such as electorally motivated issue competition.     

MPs' Issue Attention in Parliament: Evidence of a Stick–Slip Process of Attention Allocation in the French National Assembly

Until now, political science has focused mainly on institutions or political actors and much less on the content of politics, the issues political actors and institutions deal with. Based on the seminal work of Jones and Baumgartner ((2005), The politics of attention: How government prioritises problems. Chicago: University of Chicago Press), the article will study MPs' issue attention in Parliament and will investigate the source of punctuation in attention allocation. Even if a growing literature is dedicated to this issue, the two main sources of friction – cognition and institution – have not yet been directly tested. Based on an exhaustive database of the parliamentary questions in the French National Assembly between 1988 and 2007, the paper will focus on the dynamics of issue attention in the parliamentary questions at three levels to show that: the general punctuation hypothesis is valid for the parliamentary question agendas; the comparison between the levels of punctuation of the institutionally unconstrained written question agenda and the institutionally constrained question to government agenda is consistent with the idea that higher institutional friction induces higher punctuation in attention allocation; and the dynamics of issue attention in the parliamentary question agendas at the individual level exhibit strong patterns of cognitive friction.