权利合法行使与权利滥用——兼析华为公司集体辞职事件公司之行为

针对2007年底华为公司集体辞职事件中有关华为公司的行为定性,主要集中在,它的行为是合法行为还是权利滥用。论文先从理论上对权利合法行使与权利滥用进行界定并提出认定标准,后从实证角度对华为公司的行为展开分析,定性其行为构成权利滥用。     

氯胺酮滥用对中枢神经系统的毒性作用

近年来氯胺酮滥用问题日益突出,本文从氯胺酮的药理学特点、滥用后对相关中枢神经系统的毒性作用以及涉及到的神经递质来阐述可能的作用机制,为遏制氯胺酮的滥用提供相关的资料。     

中国制造业走出国门的知识产权保护问题

入世后,中国产业尤其是制造业面临着专利技术侵权的严峻考验,在国际大企业不断的侵权诉讼中,寻找问题的关键和突破重围成为国内企业走出国门的当务之急。本文结合2003年里发生的中国制造业在国内外所受的专利侵权案件,分析其产生的原因,以江苏省制造业为例,试对我国制造业在WTO大背景下出口的知识产权保护问题提出相应的解决方案。     

美国专利权用尽原则规范属性之辨析

在美国,强行性专利权用尽原则和任意性专利权用尽原则都获得了不同程度的支持.学者Epstein采用财产权转移理论来解释任意性专利权用尽原则,但是该理论会存在解释力不足的问题.在方法论意义上,人们对英美知识产权相关制度进行比较研究时,还应当注重对英美财产法的关注.     

TRIPS视阈下中国专利权的刑法保护研究

相对于著作权和商标权而言,中国专利权的刑法保护起步较晚、标准较低,修订后的刑法典对于专利权提供的刑法保护与TRIPS协议仍有较大差距。在中国已加入WTO后承担TRIPS协议项下义务的视角下,全面反思了中国专利权的刑法保护体系,应检讨了现行刑事立法与TRIPS标准存在的四方面差距,完善中国专利权刑法保护。     

Risk Factors Associated with the Chronicity of High Potential for Child Abuse and Neglect

The present 4-year follow-up study involves 56 mothers who were evaluated by social agencies as being abusive and neglectful or at high risk for child abuse and neglect. The aim of the study is to analyze the relationship between psychosocial risk factors (relating to the history and current situation of the mothers) that were present at the time the families were initially recruited and the fact that some of the mothers continue to show a high potential for child abuse and neglect (chronic abuse and neglect), whereas others were able to overcome the problem (transitory abuse and neglect). Results indicate that the following variables are particularly associated with situations involving chronic problems of abuse and neglect: initial level of severity of potential for abuse and neglect; dual-parent status; a large number of children at the time of intervention (3.13 times more risk of chronicity for large families); the fact that as a child the mother herself had been placed in a foster home (3.7 times more risk); that she had been sexually abused (3.5 times more risk); and that as an adolescent she had run away from home (3.02 times more risk). Our results indicate that mothers who have a combination of more than eight risk factors are four times more likely to be in the chronic group.     

滥用职权罪的立法价值及相关问题思考

新刑法滥用职权罪的增设,能够更好地保障公民权利的实现,进一步抑制腐败的滋生,在一定程度上加快了中国社会的法治建设进程。但理论界和实务界对该罪的具体认定问题颇有争议。对该罪主体和主观要件以及对刑法第三百九十七条第二款的理解等问题进行探讨,有利于正确把握刑法的实质,指导刑事司法实践。     

Childhood Sexual Abuse and HIV Risk Among Men Who Have Sex with Men: Initial Test of a Conceptual Model

Childhood sexual abuse has been associated with HIV transmission risk behavior in men who have sex with men. This study examined an adapted model that was originally developed to explain the relationship between childhood sexual abuse and HIV risk behavior among women in a sample of men who have sex with men. Men attending a large gay pride event (n=647) completed anonymous surveys that assessed demographic characteristics, childhood sexual abuse, symptoms of dissociation, trauma-related anxiety, borderline personality characteristics, hopelessness, substance use, and sexual risk behavior. A latent variable partial least squares analysis was conducted to test the interrelationships between childhood sexual abuse, exchanging sex for money or drugs, emotional disturbances, drug use, substance use in the context of sexual behavior, and sexual risk behavior. The model fit the data well and accounted for 10% of the total variance in sexual risk behavior. History of childhood sexual abuse predicted exchanging sex for money or drugs and this relationship was partly accounted for by active drug use. Substance use proximal to sexual behavior also emerged as a key factor in predicting sexual risk behavior. Findings from this study, therefore, indicate a direct association between history of child sexual abuse and high risk for HIV infection related to engaging in sex trade.     

Continuities in marital violence

Marital violence studies of clinical populations of battered women indicate that, over time, violence becomes an habitual strategy for resolving conflicts resulting in escalation in frequency and severity of violence. This study examines the issue of continuity of marital violence among a national probability sample of female victims and male offenders. Findings indicate that among the general population, approximately one-half of all marital violence is suspended over a three-year period. Predictors of marital violence continuity were also investigated in an exploratory way.     

Sex differences in the experience of child sexual victimization

This study analyzed 390 (303 girls and 87 boys) cases of child sexual abuse to understand sex differences in child sexual victimization. Analyses focused on three domains that have received considerable empirical attention: victims' relationships with the offender, type and extent of abuse, and disclosure. Findings largely replicated previous efforts that reported sex differences in terms of victims' relationships with offenders. Although results also replicated previous findings about sex differences in disclosure patterns, these sex differences were minor in comparison with similarities in the way most instances of abuse were eventually identified. In terms of type and extent of abuse, results were the opposite of previous findings: girls, not boys, were the victims of more physical injury, violent threats, and use of force; and girls, not boys, were more likely to have physically resisted abuse. Divergences in findings were interpreted in terms of memory biases and social forces operating differently on the sexes.