商业秘密犯罪抗制对策论略

在日益发达的经济全球化的信息时代,侵犯商业秘密犯罪正如附生于经济体的“毒瘤”,吞噬着商事企业的健康活力。2009年的“力拓案”让国人对侵犯商业秘密犯罪危害的认识更深了一层,中国此类犯罪的猖獗令人再度警觉。在全球范围内,侵害商业秘密犯罪形势也不容乐观,美德日等国的“商业间谍”屡屡兴风作浪,给全球经济的健康发展造成巨大危害。各国都力图通过一些法律来遏制此类犯罪,中国也应从着手从立法、司法、行政管理、企业管理制度、商业伦理、传统文化等多重层面入手,来构建系统的侵犯商业秘密犯罪的抗制对策体系。     

Progressing with the reform and opening up: Retrospective of China’s civil law (1978–2008)

Over the past 30 years, Chinese civil and commercial law has made great achievements in providing theoretical support for Chinese legislation, establishing a theoretical system of civil and commercial law with Chinese characteristics, conducting in-depth and comparative research in this field, and making many summaries of trial practices, judicial interpretations and case studies of civil and commercial affairs. The academic circle has expressed professional comments regarding public events. The major theoretical breakthroughs include the clarification of the relationship between civil law and economic law, further research on the civil code system, basic consensus on the integration of civil law and commercial law, formation of the theoretical system of property right law with Chinese characteristics, innovation and development of contract law theories, basic information of personality law theories, and formation of the theoretical system of tort law. The orientation of Chinese civil and commercial law is to enhance comparative research on civil and commercial law nationally and internationally, focusing on the diversity of research methodologies.     

Rethinking sensitivity interdependence: Assessing the trade,financial, and monetary links between states

International relations scholars do not adequately conceptualize or measure economic interdependence, a crucial variable in studies of trade and conflict, economic sanctions, and globalization. Most studies conflate vulnerability with sensitivity and confuse interconnectedness with genuine interdependence by relying on inadequate indices of interdependence such as unadjusted trade as a percentage of GDP. Such measures fail to capture the true cost to states of a termination of normal trading relations and ignore completely interstate financial and monetary ties. In this article, we offer a new method, the Contextual Sensitivity Estimator (CSE), for gauging sensitivity interdependence. The CSE addresses existing shortcomings in several noteworthy ways. First, it takes into account the strategic and domestic economic context of external economic linkages. Second, it assesses the composition of trade and the uses of trade proceeds. Third, it provides a detailed conceptualization of critical channels of sensitivity like foreign investment and exchange rate ties. Using Arab‐Canadian economic relations in 1979, after a threatened boycott of Canada, as a case study, we show that our CSE yields a more accurate assessment of sensitivity interdependence than traditional measures.     

Impacts of the internet on traditional jurisdictional principles in international civil and commercial cases

Started as an undefined US military project to the current global network, the Internet has been developing and improved at an amazing speed, which also brought out enormous challenges to the traditional way of life worldwide. By analyzing the features of the Internet, this paper reveals the impacts of the Internet on jurisdictional principles applied in traditional international civil and commercial cases and aims to apply traditional rules under the new environment of the Internet. In addition, by referring to the international uniform legislation and from the US judicial theories and practices, this paper also brings out reflections and suggestions regarding this issue.     

公司代表人制度“法定性”的弱化——法律与社会良性互动视角的分析

对法定代表人法定性的起源、生成与演变作了一个鸟瞰式的回顾,揭示了该制度法定性不断弱化的发展趋势。运用弗里德曼法律变化四分类学说来分析,法定代表人制度是法律与社会良性互动的结果,其法定性弱化的动因既不能简单地归结为法律内因变化,也不能完全由社会外因所引致。为继续完善该制度,法律应回归代表人机制的本源,确保法律与社会的良性互动,尊重商业惯例的内在品性并且遵循该品性来修正法定代表人制度。     

商业银行理财产品的法律性质研究

银监会将商业银行理财产品的法律性质定位为委托代理关系,但是实践中商业银行理财产品的运作方式与传统的委托代理关系相差甚远,那么商业银行理财产品的法律性质究竟为何？本文在对商业银行理财产品不同类别进行区分的基础上,对其法律性质分别予以了论述。     

东盟国家国际商事仲裁协议制度比较研究

仲裁协议是国际商事仲裁的基石。文章以国际商事仲裁的一般理论为基础,详细地比较分析了东盟主要国家有关国际商事仲裁协议的形式与内容、仲裁协议的当事人、可约定提交仲裁解决的争议事项以及仲裁协议的效力等方面的法律制度。     

Evaluating Polysemy: An Analysis of The New York Times' Coverage of the End of the Cold War

This study examines The New York Times' definition of the end of the Cold War and its portrayal of the social movements that successfully challenged Communist authority in Eastern Europe. The analysis is located within and draws its significance from two research traditions. The first examines the degree to which media texts have a polysemic character, while the second tradition has explored the influence of Cold War ideology on the American news media's definition of international affairs. The Times' definition of the Cold War, its portrayal of the emerging post-Cold War world, and its depiction of collective action produced a text characterized by limited polysemy. This restricted polysemy was a product of the newspaper employing frames that resonated with American political values, excluding or minimizing frames divorced from mainstream American political beliefs, constructing a selective tradition in its definition of the past, and limiting the polysemic implications of particular frames.     

Pedagogy of the Logic Model: Teaching Undergraduates to Work Together to Change Their Communities

Undergraduate community psychology courses can empower students to address challenging problems in their local communities. Creating a logic model is an experiential way to learn course concepts by “doing.” Throughout the semester, students work with peers to define a problem, develop an intervention, and plan an evaluation focused on an issue of concern to them. This report provides an overview of how to organize a community psychology course around the creation of a logic model in order for students to develop this applied skill. Two undergraduate student authors report on their experience with the logic model assignment, describing the community problem they chose to address, what they learned from the assignment, what they found challenging, and what they are doing now in their communities based on what they learned.     

A theoretical framework for the online consumer response process The article is based on Janette Hanekom's Master's dissertation entitled A theoretical framework for the online consumer response process,Department of Communication Science,Unisa, April 2007.

Abstract

This article describes the foundation and development of a theoretical framework for the online consumer response process. It is based on theoretical criteria for web-based commercial communication and the online consumer response process. Central to this article is the development of the concept of web-based commercial communication. This includes all advertising, marketing communication, public relations and promotional messages on the World Wide Web which are intended to move the consumer through certain response phases to the point of purchasing or proceeding to any other type of action; the identification of the marketing communication paradigm shift from offline to online; and the comparison between online and traditional mass media audience characteristics. A theoretical conceptualisation of the online consumer response process is undertaken and an analysis of consumer response models and the theory of the general consumer response process is performed. This article is a theoretical exploration of the phenomenon of ‘online consumer response’ and the proposed theoretical framework is intended to address the dearth of literature on the topic.