创新“服务型”农村警务的实践—山西寿阳“流动警务室”调研报告

2007年3月,山西寿阳县公安局在全县的山区农村创造并启动了以“流动警务车”为载体的“流动警务室”工作模式,受到了来自各个方面的赞誉。“流动警务室”是宗旨意识和执法为民思想的创新实践,是“服务型”社区和农村警务建设的创新实践,是强化公安机关能力建设的创新实践,是提高公安工作综合绩效的创新实践,它为我省乃至全国类似地区的农村警务建设和实践提供了有益的启示和借鉴。     

Introducing the Open Clause to improve copyright flexibility in cyberspace? Analysis and commentary on the proposed “two-step test” in the Third Amendment to the Copyright Law of the PRC,in comparison with the EU and the US

The so called “three-step test”, that the limitations and exceptions of copyright shall be allowed in certain special cases, provided that they do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author, grants copyright flexibilities to balance the interests of all stakeholders, especially within the European system of circumscribed limitations and exceptions. This is essential for the domain of computer law, confronted by rapid and unpredictable global technological developments, and is, thus, enshrined in the most important international intellectual property (IP) treaties. Through the proposed third amendment to the Copyright Law of the PRC, the legislature intends to adopt this test while also introducing an open-ended list of limitations and exceptions that constitutes a China-specific “two-step test.” This contravenes prima facie the thesis endorsed by the WTO Panel in the case concerning Section 110(5) of the US Copyright Act in 2000. In contrast, court decisions in China frequently apply the fair use doctrine of US copyright law, neglecting to consider its peculiar context of the US common law tradition and, thus, unduly expanding the Chinese courts' discretionary power.This paper summarizes the case law in China and takes a comparative approach to address the divergence between the judicial application of cyber copyright law and the existing legislation. It suggests revising the proposed Article 43 of the Copyright Law of the PRC to capture the due interpretation of the three-step test, thereby finessing the delineation between rights protection and free use with the compensation of remuneration under the principle of proportionality. It argues that transplanting the US fair use doctrine into Chinese copyright law is feasible, but with the preconditions of endeavouring to strengthen judicial reform to integrate the IP adjudication systems, enhancing the coherence and efficiency of copyright enforcement, and facilitating consistent dialogues between scholars, practitioners, and lawmakers.     

A Neoconservative Consensus in Russia?

This article analyzes the ideational consensus that has taken shape in contemporary Russian politics, including its key components, and factors both of stability and of potential erosion. Noting the extraordinary durability of this consensus, which is supported by factors including the duration of the regime itself, its support among elites and the bureaucracy, effective mobilizational propaganda and conservative orientations among the middle classes and dominant public opinion, the author draws attention to several factors – as yet less evident – that may in the future change the situation. Among these are the volatility of public opinion, potential intra-elite dynamics, and the internal contradictions of the neo-conservative idea itself.     

商榷“婚姻法解释（三）”第十一条规定之不适当——基于“对夫妻共有产权另一方权益保护”视角

本文通过引用《宪法》的规定,列举和分析此条对夫妻共有房产权另一方权益的侵害及其程度,以及由此导致的司法资源浪费、社会不安定因素的增加等方面的不适当之处,以《宪法》至高无上的法律效力、特别法优先于一般法、侵权行为是无效法律行为等法制的原理和原则,从维护司法公正、权威,保护妇女合法权益,维护全社会共同保障妇女权益的大好局势和社会安定团结等方面,提出对“婚姻法解释（三）”第十一条改变或撤销建议。     

On Individual Business System in Normal Market

Individual business is a business entity system created in the practice of reform and opening up in China. It is the largest market entity in China, and its vitality lies in the "family culture" characteristics of Chinese society. Although individual businesses have been confirmed by law at all levels, they still have transitional and non-normative doubts. In some places, individual businesses have been transformed into enterprises. Individual businesses take advantage of the natural credit bond, low cost of organization and coordination, and are targeted to meet the needs of the market, which is conducive to absorbing employment and balancing wealth, easy to disperse and digest business risks, and has a competitive advantage in the low-end market. In a normal market, the rational choice of the parties concerned should be respected, the hierarchical structure of the market should be adapted, the complete ecology of market subjects should be maintained, and the reform of individual enterprises should be prudently implemented.     

The Economic Cost of March 11: Measuring the Direct Economic Cost of the Terrorist Attack on March 11, 2004 in Madrid

This article attempts to measure the direct costs that the terrorist attacks of 3/11 had on the economy of the region of Madrid. The evaluation has been made applying conservative criteria, and the results obtained have to be considered as minimum. The result indicates that the terrorist attacks caused a loss of nearly 212 million euros to the regional economy of Madrid, equivalent to 0.16 percent of the regional GDP (0.03 of the national GDP). This confirms that the immediate economic dimension of a terrorist attack such as the one of 3/11—apart from human catastrophic consequences—is relatively low.     

高等学校“概论”课开放式教学方式探索——“听、读、评、写、研”教学模式实践及启示

在“毛泽东思想和中国特色社会主义理论体系概论”课程教学中开展“听、说、读、评、研”教学活动,是深化教学改革,培养创新型人才的可行途径之一。在教学中结合课程内容让学生读一些相关的书目,搞一些同学们有兴趣又能参与其中的活动,使同学们在了解历史但又不脱离现实生活的状态下,既掌握了知识又活跃了课堂气氛,提高了同学们的理论素养以及分析问题和解决问题的能力,从而坚定在中国共产党的领导下走中国特色社会主义道路的理想信念。     

Arab Muslim Attitudes Toward the West: Cultural,Social, and Political Explanations

We utilize pooled data from Zogby International's 2002 Zogby, James. 2002. What Arabs Think: Values Beliefs and Concerns, Utica NY: Zogby International.  [Google Scholar] Arab Values Survey (carried out in Egypt, Jordan, Lebanon, Kuwait, Morocco, Saudi Arabia, and UAE) in order to test for “cultural,” “social” and/or international “political” influences on Arab Muslim attitudes toward “Western” countries (Canada, France, Germany, UK, and USA). We find little support for “cultural” hypotheses to the effect that hostility to the West is a mark-up on Muslim and/or Arab identity. We find only limited support for “social” hypotheses that suggest that hostility to the West is predicted by socioeconomic deprivation, youth, and/or being male. We find the strongest support for a lone “political” hypothesis: hostility toward specific Western countries is predicted by those countries' recent and visible international political actions in regard to salient international issues (e.g., Western foreign policies toward Palestine).     

Evaluating Claims of Social Connection to International Conflict Casualties

Recent studies examining the political impact of individuals' connections to the victims of international violence find these ties have a powerful effect on people's attitudes and feelings. How reliable, however, are self-reported claims of ties to a conflict's casualties? Using data from 9/11 and the Iraq War, I examine these claims, analyzing: 1) their influence on both public assessments of foreign policy and voting behavior, 2) whether critical demographic and political factors predict the likelihood of individuals reporting a tie to a conflict casualty, 3) the predicted, aggregate likelihood of survey respondents having connections to conflict victims, and 4) the theoretical distinction between actual vs. perceived casualty connections. The results strongly support the use of casualty connection data for understanding individuals' responses to international violence, and encourage future applications of social network approaches to the study of war and politics.