商标权制度与非物质传统资源的保护

商标保护制度是非物质传统资源保护体系的重要且必不可少的组成部分,是其他知识产权保护制度所不可替代的。商标权对非物质传统资源的保护比较直接有效,虽然也有其局限性,但通过驰名商标、证明商标等积极保护措施以及防御性保护措施,确实能够发挥重要作用。在商标法中增加有关非物质传统资源的规定也是完善我国商标权制度的需要。     

警察使用枪支的法律规制

枪支是法律赋予警察威慑与惩治违法犯罪的有力武器,而警察使用枪支的法律规范则是作为公权力代表的"警察权"与作为私权利代表的"公民权"博弈的结果。在面对警察使用枪支可能侵害公民权利并有不断扩张和任意行使的危险时,国家多采用较为严格的立法手段进行管控,于是"最小使用武力原则"便成为警察使用枪支的基本准则。我国迄今为止涉及到警察使用枪支的法律规范已不下十余部,在它们陆续颁布实施的几十年时间里,诸种不足也在警务实践中显露端倪,需要我们尽快加以弥补和完善。     

浅议警察优先使用权在适用中存在的问题及对策

警察优先使用权是国家为了保障警察履行职责而赋予的一项特殊权力。它不同于一般行政权的特征是对私人财产权更具有侵害性。在物权法颁布实施后的今天,为了最大程度保护私人的财产权利,本文从警察优先使用权的科学内涵着手,从立法和实践两个方面揭示了警察优先使用权存在的问题,从而有针对性的对完善警察优先使用权行使提出了几点建议。     

公安机关公务用枪管理和使用有关问题的思考

枪支是公安机关维护治安 ,保护人民 ,打击犯罪的重要武器。公安机关公务用枪管理和使用中要严格有效地管住配枪资格 ,发挥警务督察的作用 ,落实管理制度 ;加强警务技能培训 ,增强民警自我保护意识 ;关注民警的身心健康 ,加强队伍建设 ;为民警依法使用枪支 ,提供法律上的支持和保护等措施 ,严格管理 ,落实责任 ,确保公安机关公务用枪的使用。     

Victim resistance and offender weapon effects in robbery

What happens when victims resist robbers? Logistic regression analysis of over 4500 sample robbery incidents reported in the 1979–1985 National Crime Surveys reveals the following about various forms of victim resistance. Self-protection (SP) of any kind apparently reduces the probability of the robbery being completed, i.e., the robber getting away with the victim's property. Armed resistance is more effective than unarmed resistance, and resistance with a gun, though relatively rare, is the most effective victim response of all. Resistance with a gun also appears to reduce the likelihood of the victim being injured, while two types of resistance appear to increase it: (1) unarmed physical force against the robber and (2) trying to get help, attract attention, or scare the robber away. The robber's possession of a gun appears to inhibit victim resistance, which can sometimes provoke a robber to attack; robber gun possession thereby reduces the probability of victim injury. However, even controlling for victim resistance, robber gun possession, is associated with a lower rate of injury to the victim. Finally, robbers with handguns are much more likely to complete their robberies, and those with knives and other weapons are somewhat more likely to do so, compared to unarmed robbers.     

Drug Policies and Drug Prevalence: The Role of Demand and Supply

Changes in drug policy within countries and variations in drug policy across countries do not show clear cut relationships with drug prevalence levels. Neither liberal nor repressive policies promote or reduce drug use. Though policy might affect supply, factors associated with demand seem to exert a greater impact. Socio-economic conditions and attitudes of the populations towards drugs and related areas might be more important than policy in determining the prevalence level of cannabis and the turnover rate to hard drug use.     

Defensive Gun Uses: New Evidence from a National Survey

The number of civilian defensive gun uses (DGUs) against criminal attackers is regularly invoked in public policy debates as a benefit of widespread private ownership of firearms. Yet there is considerable uncertainty for the prevalence of civilian DGUs, with estimates ranging from 108,000 (using the National Crime Victimization Survey) to 2.5 million (using smaller telephone surveys) per year. In this paper we analyze the results of a new national random-digit-dial telephone survey to estimate the prevalence of DGU and then discuss the plausibility of the results in light of other well-known facts and possible sources of bias in survey data for sensitive behaviors. Because DGU is a relatively rare event by any measure, a small proportion of respondents who falsely report a gun use can produce substantial overestimates of the prevalence of DGU, even if every true defensive gun user conceals his or her use. We find that estimates from this new survey are apparently subject to a large positive bias, which calls into question the accuracy of DGU estimates based on data from general-population surveys. Our analysis also suggests that available survey data are not able to determine whether reported DGU incidents, even if true, add to or detract from public health and safety.     

公安机关督察制度浅析

《中华人民共和国人民警察法》规定:公安机关应建立督察制度。自1997年6月20日发布施行《公安机关督察条例》以来,公安机关督察机构组建迅速,督察职能履行效果显著,较好的监督了公安机关人民警察执行法律、法规、遵守纪律的情况。同时也积累了一些宝贵经验,为新形势下公安机关进一步贯彻实施督察制度打下了良好的基础。     

The Gender Gap among Teen Survey Respondents: Why are Boys more Likely to Report a Gun in the Home than Girls?

It is a reliable though unexplained feature of national surveys that include items on gun ownership that wives are less likely to report a gun in the home than husbands. In this article we extend the inquiry regarding this gender gap in reporting of household guns to include adolescent children (age 12–17 years). The California Health Interview Survey of 2001, the largest-ever state survey of its kind, includes over 4000 marital households in which both a parent and adolescent child were interviewed and asked whether there was a gun in the home. There is little “age gap” in reporting—California teens are almost as likely to say that there is a gun as are their parents—but there is a gender gap among both the teens and their parents. We also find a large gap in personal experience with guns—boys are three times as likely to report hunting or shooting with a family member than girls. This difference in experience fully accounts for the gender gap in reporting. The relevance of these findings for the interpretation of survey data is clear. Whether there is a gun reported in a home depends to a remarkable extent on which member of the household is asked the question. Hence, the method of selection of respondent(s) from within a household will affect estimates of the patterns and prevalence of gun ownership, and, potentially, the accuracy of case–control studies that use self-report information about guns in the home.

Parenting,Peer Orientation,Drug Use,and Antisocial Behavior in Late Adolescence: A Cross-National Study

The objective of this study was to investigate the links between maternal and paternal bonding, parental practices, orientation toward peers, and the prevalence of drug use and antisocial behavior during late adolescence. A model was tested using structural equation modeling in order to verify the robustness of the investigated links across 3 countries: Canada, France, and Italy. A self-report questionnaire was given to a sample of 908 adolescents, with an equivalent number of girls and boys, in Grade 11. The questionnaire assessed the following variables: parental bonding, parental supervision, parental tolerance, orientation toward peers, involvement in physically aggressive antisocial behavior, non-physically aggressive antisocial behavior, and drug use. The model was robust across the 3 countries, thus confirming a path that identified quality of emotional bonds between adolescents and their parents as a distal variable acting upon deviant behaviors through the following mediators: parental supervision, parental tolerance, frequency of conflicts, and orientation toward peers. Michel Claes is full professor at the Université de Montréal, Canada. He received his Ph.D. in Education from Université Catholique de Louvain, Belgium. His major research interest is in social development in adolescence, with a special focus on intercultural studies.