“WAP搜索”及相关服务著作权侵权问题研究

搜索引擎在向手机用户提供“WAP搜索”时,会对原网页进行格式转换,以便用户在较小的手机屏幕上浏览网页.这一过程涉及的“临时复制”不产生有独立经济价值的复制件,即使在承认“临时复制”构成复制行为的欧盟,此行为也不构成对复制权的侵权.但刻意将转换后的网页存储在服务器中,并直接向后续手机用户提供的行为,则无法根据“系统缓存避风港”或合理使用的一般规则免责,因此构成直接侵权.由于搜索引擎难以直接证明自己仅提供搜索和即时格式转换,以及没有在服务器中保留转换后的网页,所以法院应在个案中结合“WAP搜索”的技术特征,根据优势证据规则作出判断.     

真实原则——法院调解的超级润滑剂

调解是我国本土有效的纠纷解决之道和优秀法律文化传统,它的精髓在于在维持当事人关系和谐的前提下实现实质正义,因此调解真实原则必不可少.新时期民事诉讼法改革中,在当事人程序权利得以充分保障的前提下坚持调解真实原则,关键在于辩证地掌握该原则的精髓并在实践之中灵活运用,而决不是武断地将之废除.     

The Association Between Family Factors and Depressive Disorders in Adolescents

The main aim of this study was to examine the familial factors (parental psychopathology and attachment to parents) in depressed adolescents. Another aim was to compare level of psychosocial impairment, use of mental health services, suicidal ideation and attempt, and the clinical features of depression (e.g., severity and age of onset) among depressed adolescents with depressed parent(s) with those whose parent(s) do not have any depression. Result showed that the adolescent depression was significantly associated with an elevated rate of having a depressed mother. Perceived level of attachment to parents, as measured using the Inventory of Parent and Peer Attachment, was significantly lower among depressed adolescents than among adolescents without any psychiatric disorders. Depressed adolescents with depressed parents reported significantly higher suicidal ideation and had more recurrent depressive episodes than depressed adolescents with nondepressed parent(s). Our results imply the importance of shifting our focus from universal programs to family-based prevention and intervention programs for depression.     

Privacy and personal data protection in China: An update for the year end 2009

This paper explores developments in privacy and data protection regulation in China. It argues that, since China is an emerging global economic power, the combination of domestic social economic development, international trade and economic exchange will encourage China to observe international standards of privacy and personal data protection in its future regulatory response.     

Use of DNA profiles for investigation using a simulated national DNA database: Part II. Statistical and ethical considerations on familial searching

Familial searching consists of searching for a full profile left at a crime scene in a National DNA Database (NDNAD). In this paper we are interested in the circumstance where no full match is returned, but a partial match is found between a database member's profile and the crime stain. Because close relatives share more of their DNA than unrelated persons, this partial match may indicate that the crime stain was left by a close relative of the person with whom the partial match was found. This approach has successfully solved important crimes in the UK and the USA. In a previous paper, a model, which takes into account substructure and siblings, was used to simulate a NDNAD [1]. In this paper, we have used this model to test the usefulness of familial searching and offer guidelines for pre-assessment of the cases based on the likelihood ratio. Siblings of “persons” present in the simulated Swiss NDNAD were created. These profiles (N = 10,000) were used as traces and were then compared to the whole database (N = 100,000). The statistical results obtained show that the technique has great potential confirming the findings of previous studies. However, effectiveness of the technique is only one part of the story. Familial searching has juridical and ethical aspects that should not be ignored. In Switzerland for example, there are no specific guidelines to the legality or otherwise of familial searching. This article both presents statistical results, and addresses criminological and civil liberties aspects to take into account risks and benefits of familial searching.     

文学研究的空间维度

新世纪是一个文化创新的多元化时代,如何重建文学批评?新世纪文学批评的形态及其责任是什么?浙江工商大学人文学院、《文艺报》、《文艺争鸣》杂志社联合主办了全国"新世纪文学批评的建构"学术研讨会。本刊就代表性观点以笔谈形式发表,意在推动对上述问题的进一步思考。     

我国经济法治系统工程研究的世纪走向

在 15年以后的今日 ,回顾和思考当年的研究成果 ,试图使 2 0世纪 80年末诞生并曾热过的新事物 ,在 2 1世纪得以弘扬 ,走向成功 ,这是本文写作的初衷。本文论述了经济法治系统工程研究的巨大意义 ,探索其研究的可能性与可行性。研究思路与方法分为三个层次 :法律法规的检索系统、法律专家系统、建立整个法治系统工程     

How to regulate forensic familial DNA searching in Hungary?

Forensic DNA analysis has the potential to provide useful information for criminal justice even in cases where there is no match, neither between the DNA profile generated from the crime scene and the existing DNA profiles in criminal databases, nor between the DNA collected at a crime scene and potential suspects. In contrast to traditional forensic genetic testing, forensic familial DNA searching does not provide evidence, but helps to generate investigative leads and narrow down the range of potential offenders. The aim of this study is to examine, whether there is a need for special regulation of this topic in Hungary.     

论盘查制度的立法完善

盘查权在公安派出所打击流动人口犯罪方面功不可没,但是,我国法律对盘查权的立法还存在这样或那样的不足,在很大程度上限制了盘查权作用的发挥,本文试从几个角度谈谈盘查权的立法完善。     

An Evaluation of Standardized Software for Processing GC/MS Data from Different Vendors' Instruments in a Forensic Laboratory

Forensic science laboratories perform analyses on a variety of materials using gas chromatography/mass spectrometry (GC/MS). Instruments from different vendors may be used, requiring analysts to be proficient in the use of multiple proprietary software packages for collecting and processing data. There is no standardized GC/MS software available that can acquire data from different vendors' instruments. However, there are third‐party processing software products that can import data files in different formats. The Centre of Forensic Sciences compared the data processing performance of one such product, ACD/MS Manager Suite, with three instrument vendors' software used for casework analysis. This product was tested for its compatibility with the existing software, its capability to load and present data, and to initiate searches of commercial libraries. The study shows that the MS Manager module provides a means for the forensic analyst to view, process, and report on data from different sources in one software package.