论MTV的法律属性

MTV是将音乐形式与电视画面形象相结合的一种综合艺术形式。它和电影作品使用相同的摄制方法和程序,使用相同表达方式,作为唱片公司及其旗下的作词者、作曲者、导演、歌手都投入了大量的创作性劳动,因此,MTV应当属于《中华人民共和国著作权法》中规定的"以类似摄制电影的方法创作的作品,"而唱片公司应当具有类似电影作品中制品人的地位,只有这样才能有效行使著作权。     

DOWNWARD DEPARTURES FOR SERIOUS VIOLENT OFFENDERS: LOCAL COURT “CORRECTIONS” TO PENNSYLVANIA'S SENTENCING GUIDELINES*

We examine downward departures for serious violent offenders, using quantitative and qualitative data from Pennsylvania. We find that offense severity and prior record have negative direct effects on downward departures, but a positive interaction effect on them. Offenders convicted of aggravated assault, those who plead guilty, young black women, and offenders sentenced in large urban courts are more likely to receive downward departures, whereas those convicted by trial, young Hispanic males, and offenders sentenced in small rural courts are less likely to receive them. We argue that downward departures represent local “corrections” to guideline recommendations when there is a mismatch between guidelines and local court actors' definitions of key focal concerns of sentencing for serious violent offenders.     

基于观众接受心理的教育电视画面编辑

随着信息技术和通信技术的飞速发展 ,知识的传播变得前所未有的便捷。教育卫星电视作为远程教育的一种 ,越来越得到普及。因此 ,教育电视节目的制作应以观众接受心理为依据 ,从认知心理学关于注意与记忆规律以及艺术心理学关于知觉组合的原则出发 ,运用教育电视画面的剪辑规则进行编辑     

Two-level games,issue politicization and the disarray of Taiwan’s cross-strait policy after the 2000 presidential election

This study aims to illuminate the interactive relationship between domestic politics and external policy in Taiwan’s mainland China policy after the 2000 presidential election. Following the logic of Putnam's two-level games, this paper demonstrates how the newly elected President Chen Shui-bian adopted an ambiguous and evasive approach as well as frequently shifted positions in his dealings with the mainland China issue due to the constraints of his pro-independence constituents and a vigilant, anti-independence Beijing. Employing Knopf's three-to-three games as well as Puchala’s issue politicization, it further shows how Taiwan's opposition parties—the KMT, the PFP, and the NP—as well as Chen's political rivals, took advantage of Chen’s inability to break the Strait impasse by initiating active engagement with Beijing in order to gain political advantages.     

AN EXPLORATORY STUDY OF THE VIOLENT VICTIMIZATION OF WOMEN: RACE/ETHNICITY AND SITUATIONAL CONTEXT*

Although much has been learned in recent years about the victimization experiences of women, there remains a considerable knowledge gap with respect to the victimization of women of different racial and ethnic backgrounds. In order to confront this issue, we use the large number of cases available in the National Crime Victimization Survey (1992–2000) to examine the risk and protective factors associated with violent victimization among non‐Hispanic white, non‐Hispanic black, Hispanic, Asian/Pacific Islander, and Native American women. We then describe in more detail the violent incidents against these women, looking for distinguishing patterns across groups. Our results are useful for fine‐tuning theories of victimization to explain variance in violence for females across racial and ethnic subgroups.     

Juvenile Delinquency in Switzerland Over 50 Years: Assessing Trends beyond Statistics

The general public seems to be convinced that juvenile delinquency has massively increased over the last decades. However, this assumption is much less popular among academics and some media where doubts about the reality of this trend are often expressed. In the present paper, trends are followed using conviction statistics over 50 years, police and victimization data since the 1980s, and self-report data collected since 1992. All sources consistently point to a massive increase of offending among juveniles, particularly for violent offences during the 1990s. Given that trends were similar in most European countries, explanations should be sought at the European rather than the national level. The available evidence points to possible effects of increased opportunities for property offences since 1950, and although causality remains hard to prove, effects of increased exposure to extreme media violence since 1985Swiss conviction statistics are based on registration in the national register of convictions. After 1971, minors were registered only in exceptional cases (Balvig 1988, p. 30)     

网络游戏经济性规制析论

网络游戏自产生以来,它在给玩家带来休闲娱乐的同时,也产生了一些消极影响。如何促进网络游戏的健康发展,除采用法律规制、行政规制、社会性规制方式之外,本文认为,网络游戏主要是一种市场现象,应当以经济性规制工具为主要手段,利用价格杠杆调节网络游戏市场的供需平衡,积极培育和引导理性的消费观念,发挥网络游戏行业自律组织的沟通和协调作用,加大对违规违法行为的查处力度,鼓励和扶持优秀作品,也是推动网络游戏健康发展的重要保障。     

Law,culture and massively multiplayer online games

Massively multiplayer online games (MMOGs) are now a major international phenomena. Millions of people can play together online, readily navigating boundaries between nations, languages and legal jurisdictions. The communities around some of these games are huge, of a size equivalent to a large city or small nation. This article explores three themes, labelled for conceptual purposes ‘games as legal spaces’, ‘games need lawyers’, and ‘lawyers need games’. It argues that games are inherently legal spaces, infused with legal-ness in a variety of ways; that more direct engagement from the legal community would be of tremendous value in making these systems, and the entertainment spaces which they regulate, ‘better’; and that we have a great deal to learn about law and about the regulation of the online space from games. The article concludes with the proposition that there is an opportunity for impactful knowledge exchange between legal scholars, MMOG developers and publishers, and the gaming community.     

常用彩色激光打印机打印文件暗记特征的初步研究

目的收集当前我国常用不同品牌和型号的彩色激光打印机打印样本,研究打印文件上暗记特征的提取分析及其变化规律,探讨彩色激光打印文件暗记特征在鉴定实践中的应用及其在打印文件防伪措施中的价值。方法使用显微镜、文检仪及有关图像处理技术分别检验了彩色激光打印机的打印文件样本。结果彩色激光打印机打印文件上会出现暗记特征,且不同品牌的暗记特征出现规律、形态特征和点阵特征不同。结论暗记特征可作为初步鉴别彩色激光打印机品牌型号及打印时间的依据,具有防伪价值,但其在鉴定实践中还存在一定的局限性,有待进一步研究。