The Creative Commons licences through moral rights provisions in French law

Since 2002, Creative Commons has been continuously evolving in order to create a licensing scheme that not only fulfils the needs of the author but also stays compatible with already existing national copyright laws. The extent of the respect of moral rights provisions has always been highlighted during the licences’ evolution. This Article first examines whether moral rights are expressly mentioned in the licences and if so, what their treatment is. Each element of the moral rights in the French system will be considered in order to verify their compatibility with the Creative Commons licences. In this context, it will be also asserted whether some existing clauses in the licence contradict with the moral rights of authors. The Article will conclude that although a more flexible interpretation of moral rights provisions is needed when dealing with open content licences, it is essential that Creative Commons addresses the aspects of the licences that are identified as problematic in relation to moral rights. Finally, it will be demonstrated that regardless of the legal status of the licences, the authors' responsibility towards their rights is what will ultimately be the safeguard of their creations' path.     

论我国如何建立政府危机管理机制

本文反思了政府在处理非典事件的有关行政行为,分析这次病疫恶化的原因,探讨中国加强政府危机管理的必要性,并借鉴有关国家处理危机事件的经验,根据中国实际情况并围绕着政府如何建立危机管理机制,从立法、政府、新闻媒体、民众和国际协作等五个方面作了探讨.     

Open Government Information: Challenges Faced by Public Human Resource Management in China

The implementation in China of the Regulations of the People's Republic of China on Open Government Information, on May 1, 2008, is considered a potential turning point, a shift from traditional public administration characterized by an entrenched culture of secrecy toward more transparent and accountable administration practices. This article shows, however, that due to a variety of institutional constraints, the implementation of the Regulations is still lacking. Although the success of an open government information (OGI) regime in China ultimately relies on thorough political and administrative reforms, this article presents the argument that short of drastic political system change, the implementation of the Regulations could be improved by adopting innovations at the management level. This article suggests that the Chinese government adopt new human resource management strategies in leadership, training, and performance management that are compatible with OGI in order to significantly improve the implementation of the Regulations. An incremental approach to improving OGI implementation in China will finally pave the way for future political reform.     

Open Source Governance—A More Ambitious Cousin of Collaborative Governance

Open source represents a model generally known for its success in software production. The objective of this article is to establish a new strategic approach of using open source development principles for managing collaborative arrangements between citizens and public administration. The identity of open source governance is developed by highlighting how it is different from its main “competitor”—collaborative governance, and from other two popular concepts—open government and e-democracy. The other sections are designed to answer to public managers regarding why and what to adopt from this governance model for public sector services.     

An Ethical Governance Perspective on Anti-Corruption Policies and Procedures: Agencies and Trust in Cameroon,Ghana, and Nigeria Evaluation

The purpose of this research is to state that ethical governance is important, because it concerns the right thoughts (values) and elements (mechanisms) needed for a successful anti-corruption crusade. Trust is strongly linked to performance; ethical governance can help in actualizing anti-corruption agencies’ expected or desired performance. The subjects of the comparative research are the anti-corruption agencies of Cameroon, Ghana, and Nigeria. A qualitative analysis of documents and interviews and a triangulation approach are used in arriving at research results, because policies and procedures are studied through anti-corruption agencies documents and public trust is investigated through expert interview. Ghana represents the strong case and best practices, because it has anti-corruption policies and procedures that agree more with ethical governance, followed by Nigeria, which is the moderate case, before Cameroon, which is the weak case. “Independence” as an ethical mechanism occupies the strongest position to achieving result in anti-corruption related crusade.     

论法学期刊适用同行审稿制度的“是”与“非”

我国法学期刊的数量相对稳定,其发表论文的容量也无多大变化,但研究人员的数量却在不断增加.因此,如何构建科学合理的审稿制度不仅是法学期刊服务学术的根本要求,还是法学期刊健康发展的关键.同行审稿制度在法学期刊的适用,既有其不可替代的优势,也存在一些广为诟病的缺陷.对这些优势与缺陷的全面梳理,目的在于实现同行审稿制度与三审制的有机衔接,更好地服务于我国法学期刊的良性发展,更好地服务于整个法学学术共同体.     

Size doesn't matter: emotional content does not determine the size of objects in children's drawings

Abstract

In Experiment 1 we examined whether children spontaneously alter the size of objects in their drawings of emotionally-laden events. To do this, we evaluated children's drawings of their own personal, past experiences. Children were asked to draw a picture of an event that had made them happy and an event that had made them sad. We found no differences in the size of object that children drew in their positive and negative emotional events. In Experiment 2, we asked adults with and without clinical training to discriminate children's drawings of happy events from their drawings of sad events. There was no difference in the accuracy of raters as a function of clinical expertise. Moreover, performance for both groups was at chance when we removed drawings with specific emotional indicators from the set (e.g. smiles or tears). We conclude that the emotional interpretation of drawings on the basis of the size of objects in that drawing is fraught with difficulty. We question the projective use of drawings in forensic and clinical practice.     

规范检察机关参与非法证据排除程序探析

新《刑事诉讼法》对非法证据排除进行了相关规定,明确了检察机关参与非法证据排除主体性地位。检察机关参与非法证据排除意义重大,有利于从根源上防止非法证据的出现,也有利于克服我国一元制庭审模式的弊端,从而规避非法证据进入庭审对法官的影响,确保法官公正审判,维护司法正义。这就迫切需要对检察机关参与非法证据程序进行规范,才能以之指导检察实践。     

技术侦查措施的几点思考

2012年修订的《刑事诉讼法》对技术侦查的适用范围、批准程序、所获材料与证据的处理作出了规定,但在司法实践中,技术侦查制度要充分发挥其价值,仍需要对其内容进一步明确和细化。文章从违法使用技术侦查措施的责任追究机制,保障被适用者的知情权和受到伤害时的赔偿请求权三方面予以补充和完善技术侦查制度。     

El federalismo cooperativo como factor catalizador de un Gobierno Abierto

The paper aims at outlining a framework of analysis that substantiates the significance of collaboration among governments, under the assumption that a rigid system of competition tends to result in the splintering of public affair solutions in government agendas. Cooperative federalism, to the degree that it may produce intergovernmental relations, points towards a support of holistic solutions to demands written into the action plan that serves as a precondition to enrollment in the Open Government Partnership (ogp). The proposal presented by Mexican representatives during the June 2012 meeting in Brasilia, envisioning governmental aperture at the subnational and local levels, would have more possibilities of success if minimal bases for cooperative federalism that may serve to manage public affairs are set forth previously.