《中华人民共和国反垄断法》析评

The Anti-Monopoly Law of the People’s Republic of China has provided to prohibit monopoly agreements and abuse of dominant market position, control concentration of business operators and fight against administrative monopoly. The transformation of China’s economic system is incomplete, and the Anti-Monopoly Law has many flaws. At the initial stage of enforcing the Anti-Monopoly Law, severe challenges will occur in legislative purposes, enforcement authorities, fighting against administrative monopoly and handling of the relationship between anti-monopoly enforcement and industry supervision. Thus, the promulgation of the Anti-Monopoly Law is only the first step in the legislation on anti-monopoly. Wang Xiaoye held a bachelor’s degree of philosophy from Inner Mongolian Normal University (1981), LL.M. from Renmin University of China (1984) and Doctor Juris magna cum laude from the University Hamburg (1993). Since 1984, she works at the Institute of Law, Chinese Academy of Social Sciences (CASS). From 1988 to 1993, she studied in Germany based on Max-Planck Institute for Comparative Private Law. As visiting scholar she spent a year at Max-Planck Institute for Comparative Intellectual Property and Competition Law, and a year at Max-Planck Institute for Comparative Social Law in Munich. In 2004, she was invited to the US by the Antitrust Division of the Department of Justice. In 2005, she was invited to the European Union Visitors Program, and awarded a Fulbright Scholarship to spend a year at the Chicago-Kent College of Law. Prof. Wang works in the areas of economic law, international economic law, and focuses on competition law. Her publications include: Monopoly and Competition in the Chinese Economy — A conception for merger control in China in view of the American and German practices (J C B Mohr, 1993); Monopoly Problem in the Merger of Enterprises (Law Press, 1996); On Competition Law (China’s Legal Publishing House, 1999); Competition Law of European Community (China’s Legal Publishing House, 2001); Economic Law (Social Sciences Academic Press, 2005); Competition Law (Social Sciences Academic Press, 2007). She also has over 200 papers published in Chinese, German and English languages. Prof. Wang has served as vice president of National Association for Economic Law of China, the head of the Consultant Committee for WTO Trade and Competition Policy of the Ministry of Commerce, and member of the Expert Advisory Board for Anti-Monopoly Legislation of the State Council and the National People’s Congress. In her honor, she once lectured on competition law for the Standing Committee of the Ninth and Tenth People’s Congress. In international academic activities, she is a founding member of Academic Society for Competition Law (ASCOLA) and of the Asian Competition Forum, and member of International Advisory Board of the CUTS C-CIER. She lectured on Chinese law at ABA, IBA, IPBA, ACF, Harvard University, Columbia University, Washington University (St. Louis), New York University, KFTC, Chatham House, LIDC, IDRC and other institutions.     

Partial bowel obstruction in a 2-month-old child. A delayed diagnosis of anal abuse

We present the case of an anal sexual abuse involving a 2-month-old boy, who was admitted to the Pediatric Surgery Unit of the University of Padua for low bowel obstruction. The infant had been already hospitalized for 3 days in a peripheral hospital and treated with daily rectal wash-outs for a fecaloma. Only after a careful interpretation of the plain abdominal radiograph, along with the performance of a rectoscopy and a laparotomy, a vegetable foreign body (about 3 cm in diameter and 7 cm in length) was discovered in the sigma. The morphology and dimensions of the foreign body, as well as its location, left no doubt about the etiology of the partial bowel obstruction, proving that it was clearly related to an anal sexual abuse.     

反垄断法对恶意限制商标影响力行为制止的必要性

企业联合中强势一方恶意限制弱势一方原有商标影响力的行为,直接侵害了弱势方的竞争权,损害了有效的竞争机制,侵犯了消费者的权益。无论是基于这一具体行为的性质分析,还是着眼于反垄断法的特有功能的考量,对这一有社会危害性行为的制止,只能是反垄断法的任务,而合同法和公司法在此都显得无能为力。     

The Effects of Substance Use on Offender Crime Scene Behavior

Abstract:  Substance use has an effect on an individual's propensity to commit acquisitive crime with recent studies showing substance users more likely to leave forensic material at a crime scene. An examination of acquisitive crime solved in Northamptonshire, U.K., during 2006 enabled 70 crime scene behavior characteristics to be analyzed for substance and nonsubstance use offenders. Logistical regression analyses have identified statistically significant crime scene behavior predictors that were found to be either present at or absent from the crime scene when the offender was a substance user. Most significant predictors present were indicative of a lack of preparation by the offender, irrational behavior, and a desire to steal high value, easily disposed of, property. Most significant predictors absent from the crime scene were indicative of more planning, preparation, and execution by the offender. Consideration is given to how this crime scene behavior might be used by police investigators to identify offenders.     

HAIRVEQ 2006: evolution of laboratories' performance after different educational actions

HAIRVEQ is a proficiency testing program for hair analysis of illicit drugs organized by the Istituto Superiore di Sanità (Rome, Italy) and the Institut Municipal d'Investigació Mèdica (Barcelona, Spain). The aim of the three exercises performed in 2006 was the evaluation of 32 laboratories' performance when analyzing the same hair sample containing opiates, cocaine and methadone, after carrying out some specific educational interventions. In the first round, the sample was sent to be analyzed following laboratory routine methodology. In the second round, standard operating procedures (SOP) for hair testing including sample preparation, method validation and qualitative and quantitative data evaluation, and an open hair sample for SOP training were also sent together with other hair samples including the one used for performance evaluation. After the second round, a workshop was held with participant laboratories to discuss methodological issues and interpretation of obtained results. An additional amount of open samples was distributed to the laboratories for implementing the SOPs. In the third round, the same unknown sample containing opiates, cocaine and methadone was resent for the final evaluation of laboratory performance. In the first round, 11 incorrect qualitative results (10 false negative and 1 false positive) were reported by seven laboratories (22%), in the second round, a reduction in the number of incorrect results was observed (4 false negatives and 1 false positive were reported by four laboratories, 13%) and in the third round, 5 false positives and 5 false negatives were reported by seven laboratories (22%). Concerning quantitative results, the scatter was similar between the three rounds and similar to the ones reported by other proficiency tests in hair analysis. More educational actions should be addressed to a group of laboratories, which did not yet show satisfying qualitative and quantitative results.     

Assessing the Risk of Future Psychological Abuse: Predicting the Accuracy of Battered Women’s Predictions

Building on a handful of studies demonstrating battered women’s accuracy in assessing their risk of being physically reabused, this study examined how accurately victims assess their risk of future psychological abuse. Participants’ ratings of the likelihood that their partner would engage in controlling/dominance behaviors or efforts to humiliate/degrade them in the coming year and their reports 18 months later of whether this had actually occurred were used to create a four category version of accuracy (true positive, false positive, true negative, false negative). Victims were more likely to be right than wrong in their assessments of risk; PTSD symptoms, the recency of physical violence, and the degree of stalking and psychological abuse in the relationship predicted membership in the four accuracy categories. These findings overlap considerably with those examining victim accuracy in predicting physical abuse and inform ongoing debates about the value of incorporating victims’ insights into risk assessment efforts.

Public Perception and Reporting of Different Kinds of Family Abuse in Hong Kong

The prevalence and serious consequences of family violence have given rise to massive research efforts. However, there is often a discrepancy between the official definitions and public perception of child abuse, elder abuse, and spouse abuse cases. Under-reporting is common due to lack of awareness of the abusive behaviors by the public. Differences between perception of abuse and reporting are well documented in the context of single group of victims. However, research studies on the differences in perception and reporting of different forms of abusive behaviors that occur to victims of child abuse, spouse abuse, and elder abuse are scarce. The present study attempts to examine whether perception and reporting of abuse will be different with respect to who the victim is and how the victim is abused. Findings show that perception and reporting of abusive behavior differ with respect to the victims of abuse and to the nature of abusive behaviors. Implications of these differences and directions for practice are discussed.

城市犯罪的移动空间盲区及其综合治理

移动空间的依托——公共交通工具,是城市人的活动发生空间位移时的主要运载体,对其犯罪盲区实施科学的综合治理是防控城市公共交通载体犯罪的有效途径.移动空间是一种很特殊的空间实体,存在许多犯罪盲区的致盲因素.对移动空间盲区实施综合治理,既要注重对所有类型移动空间盲区的共性对策,也要注重不同类型移动空间盲区的综合治理各有侧重.     

再议现行医疗纠纷调整机制的立法缺陷与完善

《医疗事故处理条例》这部倍受关注的法规,它的出台曾经得到了社会各界的广泛好评。然而,随着实践的深入,一些新的问题也逐渐暴露出来,引发了许多学者的关注和研究。通过对新颁布的《医疗事故处理条例》存在的一些问题进行法律分析,同时结合最高人民法院第33号司法解释中关于医疗纠纷的举证责任倒置的规定,可对部分法律问题的解决做出理论分析。     

Trends in Substance Use by Gender Among Participants in a Jail-Based Substance Use Disorder Treatment Program: 1998–2016

Understanding trends in substance use by gender among jail-based treatment program participants can inform policies and programs tailored to this population. Preprogram assessment data from 3509 individuals entering a jail-based substance use disorder treatment program in Missouri between 1998 and 2016 were analyzed. Primary outcome was program participants’ strongly preferred substances. Demographic covariates and drug preferences were compared between males and females. Average yearly trends in preferred substances were calculated. While 25.8% of the sample preferred heroin, it was more strongly preferred by women (36.4%) than men (22.0%, p < 0.0001). Alcohol and marijuana were preferred more by males. Overall, preferences for heroin and methamphetamine increased over time while alcohol, marijuana, and other stimulants decreased. Women being more likely to prefer heroin and the increasing preference for heroin over time are consistent with national trends. Offering evidence-based treatment like pharmacotherapy and gender-sensitive approaches can help address the needs of this vulnerable population.