著作权侵权损害赔偿要论

损害赔偿作为著作权侵权的救济方式之一在追究侵权人民事责任中发挥着重要作用,在各国著作权法中均有规定,而建立合理的著作权侵权损害赔偿制度的重要前提是损害赔偿计算方法的科学确立.我国<著作权法>第49条规定的三种著作权侵权损害赔偿计算方法有进一步完善之必要.侵犯著作权或者邻接权的,应当按照权利人的实际损失给予赔偿,侵权人因侵权行为所获额外利润应予返还;实际损失和侵权利润难以计算的,可以许可使用费为参照计算损害赔偿数额;法定赔偿制度的适用应受到一定限制.     

Volume Determination of Fresh and Dried Bloodstains by Means of Optical Coherence Tomography

The volume of bloodstains found on crime scenes may help forensic investigators reconstruct the location and kinematics of bloodletting events, as stain size, volume, and impact velocity are related. Optical coherence tomography was used as a method to determine the volume and volume ratio of dried and fresh bloodstains on both glass and irregular surfaces or deposited with an impact velocity. The volume of blood drops deposited on smooth glass surfaces was measured within a deviation of 2%. This deviation increased for droplets on irregular surfaces or deposited with an impact velocity. The volume ratio of dried and fresh bloodstains was equal to 19–28% depending on the individual donor and on the use of an anticoagulant. Optical coherence tomography is a good method to determine the volume of fresh and dried bloodstains in laboratory conditions and allows accurate determination of the dry/fresh ratio.     

Low self-control,gender, race,and offending in late life

Self-control theory has been one of the most scrutinized general frameworks of crime for over 20 years. A majority of evidence pertaining to the theory, however, is derived from samples of teenagers and young adults. Relatively little information exists regarding whether self-control explains offending among people in late adulthood. As such, the generality of the framework has yet to be fully examined. This study uses a representative sample of people aged 60 years and older from interviews conducted in Arizona and Florida. The current study tests two key propositions regarding the generality of the theory: (1) the extent to which self-control accounts for the relationship between demographic variables and criminal offending, and (2) the invariance thesis which stipulates that self-control will have a uniform effect on offending across social groups. The analyses reveal two findings regarding theoretical generality: (1) low self-control explains late-life criminal behavior but does not account for the relationship between offending and gender, and (2) low self-control has an invariant effect on offending across gender and race when measured behaviorally. Taken together, the analyses address important elements of the supposed generality of self-control theory and extend the framework's scope to the explanation of offending in late life.     

论程序法定原则

刑事程序法定原则是现代法治的一项基本原则,它体现在刑事诉讼领域的各个方面。本文在阐述程序法定原则基本含义及渊源的基础上,论述了这一原则在我国的立法体现及司法适用,强调了贯彻这一原则,限制强大的司法机关权限,保护相对弱小的公民个人权益的重要性。     

“I know half the money I spend on advertising is wasted,but I do not know which half (J. Wannamaker)”: Semiotic answers to perennial branding troubles

Marketing maverick J. Wannamaker's famous dictum has been hovering over marketing effectiveness ever since the late nineteenth century. Providing tentative answers to such a tantalizing question does not rest solely with the media-mix of a brand campaign. As argued in this paper, even more fundamentally than budget allocation lie issues about the semiotic structure of an intended brand positioning. By drawing on structuralist semiotics and particularly by focusing on the operations of structuration, homologation, isotopy, reduction, redundancy, recurrence, it will be demonstrated that what is dominantly conceived as “waste” does not concern merely media integration, but equally importantly message integration. Furthermore, communicative waste as aberrant positioning is not only the outcome of aberrant decoding, but also aberrant destructuration, both posing considerable threats to brand coherence and communicative consistency.     

The Role of Victim-Related Factors in Victim Restitution: A Multi-Method Analysis of Restitution in Pennsylvania

Mandatory statutes do not always produce change, but a 1995 Pennsylvania statutory change making restitution mandatory dramatically increased the proportion of cases in which restitution was imposed. There are three possible reasons for this generally successful implementation: (a) judges agreed with the victim-centered goals of the statute, (b) there were mechanisms in place to implement the goals of assisting victims, and (c) there was a context supportive of victims that made it easier to follow the law. Two studies investigated these possible explanations. First, a statewide survey of trial court judges suggested that they agreed with the statute's goals of compensating victims. Second, hierarchical logistic models of 55,119 statewide restitution-eligible decisions indicated that a victim-related contextual factor, the nature and location of the victim/witness assistance office, was significantly related to the imposition of restitution, although a more general contextual factor relating to funding for victim programs had only small effects.     

如何指导成人学员撰写毕业论文

目前,成人学员论文成绩呈下降趋势.应加强对学员课程论文的研究和实践,科学地组织、安排写作时间,及时补充更改论文题目,严格写作程序,加强指导教师与学员的沟通和交流、通过论文答辩来促进学员写作能力的提高.     

分离命题与法律实证主义

法律与道德的分离命题是法律实证主义的一项重要主张,它包含了弱的和强的两种分离命题。哈特主张的是弱分离命题,它主张在法律的合法性标准的外在方面法律与价值的必然分离。弱分离命题需要社会事实命题的支持,它没有资格作为法律实证主义的基础命题。而在合法性标准的内在方面,法律与道德存在必然联系。内在必要联系命题可以为法律的规范性提供合理说明,并为消除自然法与法律实证主义的对立和融合两者提供了新的理论前景。     

Why ‘Uganda’s anti-homosexuality bill’? Rethinking the ‘coherent’ state

How we understand the state is important when addressing issues of human rights. During the debate on the Anti-Homosexuality Bill in Uganda, the country was, at times, presented as nearly uniformly homophobic, exemplified by references to ‘Uganda’s Anti-Homosexuality Bill’. The state, which does discriminate against gender and sexual minorities, is comprised of different institutions and people, holding, at times, conflicting positions. This paper documents these differing positions that parts of the state adopted, along with how those positions changed over time in response to political changes and lobbying from civil society. Uncovering gaps in the coherence of the state by identifying these opposing views is useful both for how we understand and study the state, and for activism against political homophobias. Strategies against legislation similar to the Anti-Homosexuality Bill can target those within most likely to oppose such laws.     

始终站在时代前列 为解放和发展生产力奋斗不息——学习江泽民同志关于“三个代表”论述的体会

我们党要始终代表中国先进社会生产力发展要求是一个马克思主义的科学论断。我们党的历史 ,归根到底就是为解放和发展中国社会生产力不懈奋斗的历史。落实代表中国先进社会生产力的发展要求 :第一 ,必须坚持以经济建设为中心 ,始终把发展社会生产力作为根本任务放在首要地位 ;第二 ,必须坚持社会主义的改革开放 ,为发展社会生产力不断注入新的动力 ;第三 ,必须大力实施科教兴国战略 ,开发和用好人才资源 ;第四 ,必须正确处理改革、发展、稳定的关系 ,为生产力的发展创造良好的社会政治环境 ;第五 ,必须全心全意依靠工人阶级 ,充分激发人民群众的历史主动性和创造精神