与贸易有关的知识产权协议与甘肃工业强省战略

与贸易有关的知识产权协议的实施给甘肃工业强省战略提出了有力挑战 ,加强知识产权法律制度建设对于促进甘肃工业强省战略目标的实现至为关键。     

Are inputs sometimes outcomes? Some thoughts on definition in distributive justice

This paper argues that the central concepts of justice theory (e.g., inputs and outcomes) have not been well defined and that this lack of precision in definition has led to subsequent ostensible inconsistencies in empirical findings. We offer definitions of both inputs and outcomes in a manner that facilitates more formal theoretical formulations and specifies a functional relationship between the two. In addition, the concept of relevance is discussed. This discussion highlights the difference in determinations of what is relevant to an outcome and the moral desirability of the distribution rule producing those outcomes. We suggest that the perception of what is relevant to the production of an outcome and how much it should be weighted is a source of potential conflict and/or disagreement between groups who are allocators or recipients of resource distributions. The potential disjuncture between what is considered relevant and what is considered moral in terms of allocation decisions is a potential source of dissatisfaction and feelings of injustice across groups. The discussion also suggests that it is not simply a difference in rule preference across groups that may lead to negative feelings regarding allocations but even when groups agree on the rule they may not agree on either the factors to be included in the assessment of relevance or on the morality of the distribution resulting from such assessments. Finally we introduce the concept of exchange domain as a mechanism for facilitating theoretical development.     

THE TWELVE PEOPLE WHO SAVED REHABILITATION: HOW THE SCIENCE OF CRIMINOLOGY MADE A DIFFERENCE

Three decades ago, it was widely believed by criminologists and policymakers that “nothing works” to reform offenders and that “rehabilitation is dead” as a guiding correctional philosophy. By contrast, today there is a vibrant movement to reaffirm rehabilitation and to implement programs based on the principles of effective intervention. How did this happen? I contend that the saving of rehabilitation was a contingent reality that emerged due to the efforts of a small group of loosely coupled research criminologists. These scholars rejected the “nothing works” professional ideology and instead used rigorous science to show that popular punitive interventions were ineffective, that offenders were not beyond redemption, and that treatment programs rooted in criminological knowledge were capable of meaningfully reducing recidivism. Their story is a reminder that, under certain conditions, the science of criminology is capable of making an important difference in the correctional enterprise, if not far beyond.     

Service Quality Effects of Incentive Regulation on Access Service in Telecommunications in the United States

Incentive regulation in the form of price caps was adopted for interstate access service in 1991 as a way to provide local exchange carriers with an incentive to improve their productive efficiency. An issue that has arisen with the adoption of price cap regulation is whether deterioration in service quality for interstate access service has been an unintended consequence. The analysis in this paper uses several different measures of service quality, including the average installation interval, the percent of commitments met, total trouble reports, and the average repair interval for both switched access service and special access service, to investigate empirically whether there has been a decline in service quality between 1991 and 2000. The results are conclusive. Overall service quality has fallen. To rectify the situation, a proposal is offered to adjust the price cap index to penalize LECs who fail to provide an acceptable level of aggregate service quality.     

论拒绝强迫自证其罪规则——以此为突破口设置我国沉默权制度

沉默权制度一直是我国刑事诉讼领域炙手可热的话题,然而当前是否已经具备了引进沉默权的条件,在我国目前的“本土”环境下其能否有效运行,还需进行辩证的分析。如沉默权所要求的制度条件,沉默权的引进应该暂缓,沉默权与拒绝自证其罪的关系。同时提出了以拒绝自证其罪的角度设置我国的沉默权制度。     

侵犯知识产权刑事案件若干法律问题探讨

依据最高两院《关于办理侵犯知识产权刑事案件具体应用法律若干问题的解释》,科学认定“非法经营数额”、“销售金额”和“违法所得数额”是审理侵犯知识产权刑事案件准确定罪量刑的关键。同时,还应当注意区分侵犯知识产权犯罪与生产、销售伪劣产品犯罪之间及侵犯知识产权具体犯罪之间的牵连、竞合关系。从完善立法的角度考虑,严格限定侵犯商业秘密有关犯罪的犯罪对象、规范侵犯知识产权刑事案件的管辖权也是需要注意的问题。     

Biotic Carbon Sequestration and the Kyoto Protocol: The Construction of Global Knowledge by the Intergovernmental Panel on Climate Change

This paper explores the dynamics of the production of global knowledge by an international knowledge organization, in this case the Intergovernmental Panel on Climate Change. Based on previous notions of international boundary organizations, the idea of international knowledge organizations emphasizes the knowledge generation function of such organizations rather than their convening function. Using the case of controversial Kyoto Protocol biotic carbon sequestration policies, I argue that boundary work and uncertainty management are the essential dynamics in the successful construction of global knowledge by international knowledge organizations. This uncertainty management occurs in a manner broadly, although not completely, in conformance with the institutional preferences of powerful policy actors. Global knowledge can legitimate and help refine global policies, but the process of its construction must be iterative and transparent if it is to be credible for global environmental governance over the long-term.     

Cognizance and Consultation of Randomized Controlled Trials among Ministerial Policy Analysts

Consultation of scientific evidence by policy actors has been the foci of attention of knowledge utilization scholars for decades. The present study questioned the extent to which randomized controlled trials (RCTs)—generally seen as the gold standard of scientific research—are known and consulted by policy analysts in ministerial settings. Using cross‐sectional data collected in 17 ministries in Québec (Canada), our study showed that fairly high levels of policy analysts report never having heard of RCTs, thus possibly hindering effective communication of scientific results to relevant policy makers. Statistical analyses reveal the importance of cognitive factors in explaining both phenomena.     

政府部门知识共享行为的实证研究

本文从政府部门的信息技术水平,政府部门个体的知识共享动机,以及政府知识共享的组织氛围等维度构建政府部门知识共享行为的理论模型。论文采用大样本问卷调查的方法在政府部门公务人员中开展实证研究,对模型的适用性进行检验。研究结果表明,政府部门的外部奖励对个体知识共享意愿之间没有相关关系,知识共享意愿与知识共享的组织氛围对于知识共享行为的影响作用非常大。研究结论可为政府部门提高公务员的知识共享行为提供有益借鉴。