论信息网络传播权的刑法保护——以知识产权犯罪司法解释为切入点

根据我国著作权立法中复制发行权和信息网络传播权的构成,可以认定,“复制发行”与“信息网络传播”行为必然是互不包容的两类行为,两高的司法解释将“信息网络传播”行为视为著作权罪中的“复制发行”行为,属于类推解释。类推解释使罪刑法定原则在刑法司法解释领域的贯彻面临困境,刑法司法解释应避免类推制度借类推解释还魂的现象。     

The effects of marital breakdown on offending: results from a prospective longitudinal survey of males

Abstract

We examined the factors that predicted marital separation in the Cambridge Study in Delinquent Development, which is a prospective longitudinal survey of 411 London males. We found that dishonesty, having a wife with a conviction(s), convictions, a poor relationship with parents, no exams passed, unprotected sex and having a shotgun marriage predicted marital breakdown. Males from broken homes due to marital conflict had a moderate risk of suffering marital breakdown themselves but the effect was mediated by having conviction(s). An analysis in which separated men were matched with controls on age at marriage, prior convictions and a propensity score predicting the likelihood of separation showed that a man's convictions increased after becoming separated. However, if a man formed a new intimate relationship, the increase in convictions after separation was reduced.     

新闻媒介的功能及其演变

新闻媒介作为社会大系统中的子系统,其功能的演变与社会的发展及需求息息相关。新闻媒介本身又是一个具有多种功能的复杂系统,其功能既经历了从单一到多元的增生、从小众到大众的普及,也经历了由大众到分众的细化、由时空有限到无限的嬗变,以及现实与虚拟的并举。在web2．0的新语境下,进一步考察新闻媒介的功能,期待新闻媒介的功能在当代和将来得到更好地发挥,正是本文的意义与目的所在。     

网络环境下我国危机信息的传播与管理

网络不仅能够及时的收集和快速传播危机信息,也可以急速扩大危机的影响,扩大危机发生的可能性和规模。但是,在危机信息的传播与管理上,存在着地方政府的认识误区、信息传播机构的技术误区以及民众的选择误区等问题,使得在危机信息的传播中出现了诸如否定、漠视、反映迟缓等问题,阻碍了危机信息的传播与管理。因此,树立正确的危机传播理念,健全相应的危机信息机构和制度,加强对网络的监管和引导以及培育公民的危机意识,对于网络环境下及时准确的传播危机信息,管理应对危机,提高政府的公信力,进而巩固党和政府的执政能力,具有十分重要的意义。     

Intergenerational Transmission of Violence: the Influence of Self-Appraisals,Mental Disorders and Substance Abuse

Although research has demonstrated connections between experiencing abuse as a child and being in a violent relationship as an adult, the specific mechanisms through which this transmission occurs are unclear. The purpose of this study was to identify the relationship between certain personal factors (self-appraisals and mental/substance use disorders) and experiencing violence as an adult. Data from the National Comorbidity Survey (NCS) 1990–1992 were utilized. Respondents who reported experiencing childhood abuse or victimization and were in a current intimate partnership (N = 590) were selected for analysis. Multivariate logistic regression indicated that low self-esteem, past year PTSD, and past year alcohol dependence were significantly associated with intimate partner violence after controlling for other self-appraisals and mental disorders.     

Patterns of Risk and Protective Factors in the Intergenerational Cycle of Maltreatment

This study investigates the continuation and discontinuation of the intergenerational transmission of child maltreatment within the first 13 months of the child’s life. Differences in risk factors and parenting styles between families who initiate (Initiators), maintain (Maintainers) or break (Cycle Breakers) the intergenerational cycle of child maltreatment are explored in comparison to control families (Controls). One hundred and three Health Visitors were trained to assess risk factors and parenting styles of 4,351 families, at both 4–6 weeks and 3–5 months after birth. Maintainers, Initiators and Cycle Breakers had a significantly higher prevalence for the majority of risk factors and poor parenting styles than Controls. Protective factors of financial solvency and social support distinguished Cycle Breakers from Maintainers and Initiators. Therefore, it is the presence of protective factors that distinguish Cycle Breakers from families who were referred to Child Protection professionals in the first year after birth. A conceptual, hierarchical model that considers history of abuse, risk and protective factors, in turn, is proposed to assess families for the potential of child maltreatment.     

合法性、商会治理与企业社会责任演化

文章以合法性为视角,对商会治理推动企业社会责任演化的传导机制和效应展开理论研究。在合法性机制下,行业内企业间社会责任的演化交互影响,特定企业为获取所需的合法性而采取企业社会责任行为时,必须因应行业内其他企业的社会责任行为而改变。企业将根据制度环境的变化,通过不断地主动调整对各类利益相关者承担的社会责任来动态地获取合法性。在现代商业社会里,商会是导致制度环境变化的重要因素。商会通过信息沟通,令特定企业根据新信息改变其关于其他企业社会责任行为的信念而调整其社会责任行为。商会治理推动企业社会责任的演化,其效应包括对企业社会责任边界、程度和结构的演化。现实中,商会治理推动企业社会责任演化的传导机制包括“学习与模仿”机制、集体行动机制和行业自律机制等。为使企业社会责任边界扩展、程度提高和结构趋于合理,应大力发展商会组织。若商会组织得到完善发展,就会促进企业社会责任的发展。     

明末清初“西学东渐”对纳兰性德的影响

清初西学在中国的传播,可由纳兰性德《通志堂集》所含西学知识窥见一斑。《通志堂集》为清初学者徐乾学于纳兰逝后所编,其中有若干内容涉及西学知识,包括天文历法、科技制作、医药学、宗教及语言文字等方面。纳兰西学知识的来源,其中对自鸣钟的了解,来自于直接接触实物,其他则主要依赖阅读与传闻。纳兰直接阅读过的西学书籍至少有《七克》和《西儒耳目资》,很可能还包括《泰西水法》,但他未必通读过李之藻编的《天学初函》。纳兰对西方实用的科技制作以及天文历法持赞叹与肯定态度,而对天主教为传播教义攻击佛道的做法则有所不满。纳兰的西学知识一定程度上反映了西学于清初在东方传播、影响的广度和深度,而他对“西学东渐”的态度在清初一般士人中亦具有一定的代表性。     

Family-of-origin characteristics and current family relationships of female adult incest victims

Past and present family relationships of a group of female adult incest victims were examined. The sample consisted of 40 women who were, at the time of assessment, in treatment for childhood experiences of incest. The majority of these women viewed their families-of-origin as generally unhealthy in regard to various dimensions of autonomy and intimacy. Current relationships with their families-of-origin were characterized by less intimacy and more intimidation, triangulation, and fusion than a normed group. Some of these patterns were also evident in the families-of-procreation of these women, including greater triangulation and less spousal intimacy. The subjects also perceived their families-of-procreation as disengaged, controlling, less active in events outside the family, conflict-ridden, and lacking in organization and emotional expressiveness. Finally, based on a circumplex model, a significant number of families-of-procreation were in the extreme range of family functioning.     

Attitudes and Family Violence: Linking Intergenerational and Cultural Theories

Drawing on intergenerational transmission and cultural (attitudinal) theories, this study examines the extent to which attitudes help explain (1) the relationship between experiencing violence while growing up and subsequent violence against one amp apose;s children and spouse, and(2) demographic differences in violence. Structural equation modeling techniques are used to examine data from a representative sample of the general population and a sample of ex-offenders. The findings indicate that experiencing violence while growing up is related to favorable attitudes towards violence against spouses. The experience of violence while growing up and attitudes are related to violence against both children and spouses. The relationship between experiencing violence while growing up and engaging in violence against spouses is mediated by attitudes. The results also suggest that men and nonwhites are more approving of violence towards spouses. However, attitudes do not account for demographic differences in violence against children and spouses.