《民法典》诚实信用原则对不当商标申请行为的规制

诚实信用原则是民法的基本原则,同样贯穿于商标申请、使用等行为的各个方面,民事主体无论是申请注册商标还是商标使用都需严格遵守诚实信用原则。国家知识产权局商标局以《商标法》第10条第1款第8项的其他不良影响对系列火神山雷神山李文亮商标的注册申请进行管控。但不良影响具有严格的适用条件,而非商标申请行为可能会产生消极、负面影响。运用不良影响对不当商标申请行为进行管控不符合商标法的立法本意,以违反了诚实信用原则进行规制更加合适。     

新时期创新理想信念教育的思考

理想信念教育既是中国特色社会主义国民教育体系的重要组成部分,也是党的思想政治工作、干部教育培训的核心内容。理想信念教育主要包括马克思主义信仰教育、中国特色社会主义信念教育、中华民族伟大复兴信心教育以及对党和政府的信任教育等四个层次的内容。当前,加强理想信念教育要与贯彻落实科学发展观、建设社会主义核心价值体系、反腐倡廉建设结合起来。     

The Insurance Act 2015: Rebalancing the Interests of Insurer and Assured

The Insurance Act 2015 is the first piece of legislation since the eighteenth century to seek to lay down new principles governing the formation and operation of insurance contracts. Exactly 250 years after Lord Mansfield articulated the routinely‐cited principle of utmost good faith in insurance law in Carter v Boehm (1766) 2 Burr 1905, that principle has been recast, with important implications for both the pre‐ and post‐contractual duties of the parties. The Insurance Act has also imposed important restrictions on the enforcement of policy terms by insurers, and clarifies the law affecting fraudulent claims. The Marine Insurance Act 1906, a codifying measure, looks increasingly outmoded.     

从真实权利人角度审视善意取得制度

善意取得制度,作为一项国家立法的政策取向,在通说以及我国的立法中,是以牺牲真实权利人的利益为基础来保证交易的安全和便捷,从而维护善意第三人的利益.而对于真实权利人而言,最直观的一点是对已有的物权的丧失,让真实权利人的利益受到了损害.应站在真实权利人角度,从另一个视角审视善意取得制度.     

American Indian religion in the iron house: searching for ‘some accommodation’

Religious freedom claims by American Indian prisoners are disfavored in law and policy more than most prisoner civil rights claims. This disfavor reflects the continuing influence of the cultural distance between traditional Indians and Christianity – a distance with an unfortunate history from the Indian point of view. The salutary effects of Christian religion within prisons have been assumed for as long as prisons have existed; this assumption is based upon scant evidence. Treating Indian religious expression as inferior to Christian religious expression within prisons is often allowed by law, but it is insupportable in policy without reference to the historical power relationship between Indians and the dominant culture. Indian spirituality, like Christianity, can engage prisoners in the moral discourse demanded by the tenets of restorative justice. Accommodation of Indian spirituality is as much in the public interest as accommodation of religion within prisons at all.     

Faith,Folie à Famille,and Mummification: A Brief Review of the Literature and a Rare Case Report

Folie à deux is a rare clinical syndrome characterized by the transference of delusional ideas from one person to one or more other people in close association with the primary affected patient. Mummification indicates the preservation of the corpse of a person for a variable period of time. A brief review of the literature in this field is presented, and an exceptional case is described, characterized by the association of both these rare phenomena. The case is an example of folie à fammille which developed out of a condition of extreme religiousness and seclusion of an entire family. The shared psychosis led to the horrible death of some of the family members, while the last surviving member of the family lived for more than a year and a half with their mummified remains. The Judge commissioned a forensic psychiatry assessment to verify the survivor's ability to bear witness. The development of the psychiatric syndrome and its consequences are extensively discussed.     

Cameron's Conservatism: Why God,Why Now?

In recent months David Cameron has emphasised both his personal religious faith and the ongoing importance of Christianity and religion in Britain. This article seeks to explain why Cameron has made increasing reference to religious themes, and examines the extent to which they have been reflected in the approach of the current Coalition government. It is argued that Cameron's references to religion have been indicative of still tentative attempts to reaffirm, and in respects redefine, the role of Christianity and faith in British public life in response to the pressures of greater secularisation, religious pluralism and vocal challenges to religious privilege.