论自由企业制度及其经济法规制

探索建立自由企业制度是市场经济发展到一定阶段的必然选择。在自由企业制度探索过程中,政府角色定位与经济法规制是两个较为重要的问题。自由企业制度要求政府退出私人领域,加强公共领域的权力作用,放开私人领域的自由空间,同时要求经济法范畴内的宏观调控和市场规制进一步适应市场经济的要求,符合自由企业制度的本质。     

EU Regulation of Medical Devices and Pharmaceuticals in Comparative Perspective

This paper provides a comparison of European Union regulatory policy for pharmaceuticals and medical devices. The discussion highlights key similarities and differences in regulatory approach for the two sectors. More importantly, it explores the balance that has been struck between public health, health care, and industrial policy as “competing” objectives within the respective regulatory regimes. It is argued that, despite both sectors being affected by the same institutional rules and constraints at the EU level, and both being central to the delivery of high-quality health care in Europe, there are a surprising number of differences between the regulatory frameworks. That this stems in part from their different “launch” times, hence different institutional conditions of regulation, and commensurate political climates, as well as reflecting different aims and goals among member-state and EU-level policy makers, are among the paper's main conclusions.     

狂蝇蛆病对驯鹿体内抗氧化系统的影响

为探讨驯鹿狂蝇蛆病与机体氧自由基代谢的关系,分别对感染驯鹿和健康驯鹿血清中的微量元素硒(Se)、锌(Zn)、铜(Cu)、谷胱甘肽过氧化物酶(GSH-Px)、超氧化物歧化酶(SOD)、铜锌超氧化物歧化酶(CuZn-SOD)、过氧化氢酶(CAT)和脂质过氧化终末产物丙二醛(MDA)的含量进行了测定。结果表明,感染组驯鹿血清Se含量极显著低于对照组(P<0.01),而血清Zn、Cu含量差异不显著;感染组驯鹿血清GSH-Px活性极显著低于对照组(P<0.01);SOD活性显著低于对照组(P<0.05),CuZn-SOD显著低于对照组(P<0.05);CAT活性差异不显著;MDA含量显著高于对照组(P<0.05)。表明机体患病后产生大量氧自由基,导致抗氧化能力降低,引发脂质过氧化损伤。     

公权力介入私人生活的正当性证成——以城市化为背景

人类社会需要公权力,也离不开公权力,但是公权力容易恶性膨胀和异化并造成严重恶果的事实警醒我们对于公权力保持谨慎的态度。在一个理性而自由的社会中,公权力介入私人生活领域对于私权进行限制应当具有正当性理由。在主观法权思想和社会连带思想等不同语境中证成公权力限制私权的正当性不无必要。这一对公权力介入私人生活的正当性的研究也构成了划分公权力与私权利的界限、准确定位公权力的基础。     

上海自由贸易试验区对我国涉外经济法制转型的影响

上海自贸区正式获准成立,这是中国法治转型中的重大创新。上海自贸区内通过临时性的授权调整,逐步推进行政审批体制改革,实行准入前国民待遇和"负面清单"管理模式,以此推进政府职能转变;在投资领域努力扩大服务业的投资开放、促进外商投资准入制的转轨、构筑对外投资服务促进法律体系;在贸易领域积极推动贸易结构的转型升级、提升国际航运服务能级;在金融领域应加快金融制度创新,增强金融服务能力,实现"在岸金融"与"离岸金融"的互动;并在争议解决机制构建方面也进行了卓有成效的探索。     

The changing face of protests in the digital age: on occupying cyberspace and Distributed-Denial-of-Services (DDoS) attacks

On 7th January 2013 the Anonymous hacking collective launched a White House petition asking the Obama administration to recognize DDoS¹1. Distributed Denial of Service attacks, thereafter referred to as DDoS attacks as a valid form of protest, similar to the Occupy protests. The ‘Occupy’ movement against financial inequality has become an international protest phenomenon stirring up the debate on the legal responses to acts of civil disobedience. At the same time, online attacks in the form of DDoS are considered by many as the digital counterparts of protesting. While the law generally acknowledges a certain level of protection for protesting as a manifestation of the rights to free speech and free assembly, it is still unclear whether DDoS attacks could qualify as free speech. This paper examines the analogies between offline protests and DDoS attacks, discusses legal responses in both cases and seeks to explore the scope for free speech protection.     

International communication: shifting paradigms,theories and foci of interest

Abstract

This article aims to be a stock-taking exercise of the development of paradigms and foci of interest, in attempts to theorise the vast developments and far-reaching changes as well as the impact and effects of global communication in the world of today. Attention is firstly given to the current nature, impact and implications of global communication in the first decade of the 21^st century, as well as to a shift in emphases in the (sub)discipline of international communication. A critical overview is then given of discourses on the free flow of information, modernisation theory, dependency theory, the structural theory of imperialism, world system theory, hegemony, political economy, critical theory, the public sphere, cultural studies, the information society and globalisation. Since many of these paradigms have been borrowed or taken over from media studies, international relations or other (sub)disciplines, attention is given specifically to their application in theorising international communication. The article concludes with a critical overview of the current ‘state of the art’ with regard to the body of theory in international communication.     

Race and ethnicity: Voters’ party preference in South African elections

Abstract

Genuine, periodic, free and fair elections are one of the key defining features of a vibrant multi-party democracy. They provide a public mechanism for regular peaceful institutional competition for power and the opportunity for people to change, review or legitimise government through their freely expressed will. This article interrogates the behaviour of South African voters using a qualitative analysis of available studies covering the national and provincial elections held in 1994, 1999, 2004 and 2009, and the municipal election of 2011. One of the notable trends is that while the number of registered voters keeps increasing, voter turnout is on the decrease. There are other salient observable tends but they are not the focus of the article. For the purposes of the article the first conclusion is that among the various competing variables influencing voters’ choice of a particular political party in South African public elections, the race issue, however weak some might suggest it is, still looms large and is a dominant factor despite denials by some researchers. Second, in contrast to what obtains in many other African countries, ethnic identity happily has only a marginal influence on South African voters. This second conclusion should however not be regarded as cast in stone, given the ever-changing dynamic nature of people's identity and behaviour as well as the election campaign strategies of participating political parties and the role of the media. Given that there is a complex interrelatedness of ethnic and racial identity and interests, the electorate might well be more sophisticated than many realise.     

磁珠直接吸附法对体态检材游离DNA的提取

目的采用磁珠直接吸附法对人体尿液、唾液、血液3种体态生物检材中的游离DNA进行提取检验,为法医物证中游离DNA的研究及检验工作提供参考。方法对3种生物检材采取离心吸取上清液的方法分离游离DNA,然后采用磁珠直接吸附法进行提取纯化,Identifiler-Plus试剂盒进行复合扩增后常规STR检测。结果在3种检材中均检出了游离DNA,其中血液中游离DNA检出率为100%,唾液为90%,尿液为70%。结论人体体态生物检材中存在游离DNA,同时磁珠直接吸附法可高效、快捷的提取生物检材中的游离DNA。     

试论中国区域贸易安排战略

Regional Trade Arrangements (RTAs) have proliferated after the birth of the World Trade Organization (WTO). In these years, as the members of RTAs increased considerably, the instruments and formalities of RTAs have been varied, and the scope of RTAs has been expanded. With regards to China, it has changed its traditional view and has been engaged positively in the building its own RTAs. Facing the competition from neighboring countries, China should construct an appropriate strategy on RTAs as soon as possible. Without the derogation of multilateral trade agreement, the RTA strategy should be led by national strategic interest, contain the involvement of various levels of trade agreements, enlarge the scope of regional trade agreements, and expand the potential realm of partners for cooperation, etc. Chen Bin was a joint doctoral student of Wuhan University (China) and l’Université Paul Cézanne Aix-Marseille III (France). Now, he is an editor of International Law Review of Wuhan University, a visiting scholar under the scholarship programme of UK foundation for Uniform Law of l’Institut International pour l’Unification du Droit Privé (Unidroit), a researcher under the doctoral scholarship programme of the Hague Academy of International Law, a research fellow of Heidelberg Max Plank Institute for Comparative Public Law and International Law, a research fellow under the Asser Research Fellowships Programme of T.M.C. Asser Instituut, a visiting fellow under the scholarship program for visiting fellows of Hamburg Max Plank Institute for Comparative and International Private Law. Mr. Chen is a member of the Society of International Economic Law (SIEL), the Association for International Arbitration (AIA) and the Asian Competition Forum (ACF), and a researcher of the Arbitration Institute of Guangzhou Arbitration Court. Currently, his research interests focus on international trade law and public international law.