试论我国体育冠名权及其法律规制

2008年北京奥运成功举办,国内体育热潮空前高涨;赛后“鸟巢”推出PPP融资模式（Private-Public Partnership）转让冠名权,学界再度关注体育冠名权之法律规制。在体育法学中,冠名权、体育冠名权是一个层级清晰的属种概念链条。而从整个法律体系或权利体系的维度来看,体育冠名权仍是一个较新型的权利。在实践中,权利定性的模糊亦成为体育产业开发和应用的瓶颈,并导致近年来我国体育市场大量冠名纠纷因缺乏充分的法律依据而无法得到有效调整。     

“It Was Like I Lost Everything”: The Harmful Impacts of Homeless-Targeted Policies

In response to housing crises across the country, many localities are implementing homeless-targeted policies that attempt to regulate public space by prohibiting sitting, lying, sleeping, and storing property in public places such as parks and sidewalks. We term these sociospatial control policies. Our research investigates the direct impacts of such policies in the city of Honolulu, which had become notorious for legal measures targeting homeless residents. We interviewed members of 70 households living in temporary shelters in public spaces, all of whom had experienced enforcement of city ordinances, such as receiving citations or being forcibly moved by city agents. Our data revealed three interconnected ways that enforcements of sit–lie and nuisance policies harmed homeless households. (a) Our respondents described feeling dehumanized and treated unfairly by city agents. We therefore argue that enforcement catalyzed both civic and social exclusion. (b) Second, the city’s confiscation of property spurred material hardship and posed obstacles to work, education, and access to services. And, finally, (c) respondents’ narratives revealed that enforcements provoked lasting worry, fear, anxiety, and despair.     

Stealing into the wild: conservation science,plant breeding and the makings of new seed enclosures

Faced with pressing climatic changes, scientific and industrial interests are vying to develop crops that can survive drought, floods and shifting pest regimes. Increasingly, they look for solutions in an unlikely place: the gene pools of wild plants. Crop wild relatives (CWR) – species closely related to crops, including their ancestors – offer breeders the allure of retracing the domestication bottleneck, infusing genomes of modern crops with ‘lost’ genetic variety. Yet wild relatives also confront threats from climate change, urbanization and expansion of industrial agri-food. Thus, CWR, seen as both salvational and threatened, have become an international conservation and food-security priority. It is my contention that, in their common project to harness wild-relative potential, conservation and breeding science are co-evolving to extend seed commodity relations into new spheres. I examine enclosures along two fronts: first within ‘systematic CWR conservation’, where ‘in situ’ approaches, typically regarded as empowering and sustainable alternatives to ‘ex situ’, instead may support a complementary system of value extraction; second, in breeding and biotechnology research, which produces new value for CWR while profoundly shaping upstream conservation priorities. An important finding is that although today’s ‘ex situ-centric’ complementarity favors dispossession, an ‘in situ-centric’ approach could foster democratic renewal of biocultural diversity.     

Comparison of Impact of Procedural Justice and Outcome on Victim Satisfaction: Evidence From Victims’ Experience With Registration of Property Crimes in India

Crime victim–police interface and registration of crime are the early and fundamental interactions in the criminal justice system. The process of lodging a complaint is marked by the pain of victimization, sharing of information, and expectation of quick remedial action from the police. The nature and quality of experience of the victim and outcomes impact the level of satisfaction with services of police. Through a survey of victims of property crimes, in different areas of a state in India, the author examines the impact of procedural justice and outcomes on victim satisfaction. The study illuminates the outcome oriented expectations of the victim, and the unique dynamics of victim–police interaction, which strains the legal ethical framework of the criminal justice system.     

Corporate raiding and the role of the state in Russia

To what extent are Russian state agencies involved in predatory behavior, and what are the determinants of their activities? Analyzing a novel data-set comprising 312 cases of illegal corporate raiding (reyderstvo) between 1999 and 2010, this article identifies a shift both in the regional and sectoral distribution of raids over time, as well as an increasing participation of state agencies in criminal raiding attacks. Using panel regression analysis to look at the determinants of increasing state involvement, this article shows that election results for the ruling president and his party, as well as the degree to which elections are manipulated throughout Russia's regions, are significantly and positively correlated with the number of raids in a given region, while regions with governors that have stronger local ties are characterized by a smaller number of attacks. A potential interpretation of these findings is that the federal center may tolerate a certain degree of predatory activities by regional elites, as long as these elites are able to deliver a sufficiently high level of electoral support for the center, with the effect being weaker in regions where the governor is interested in the long-term development of the regional economy.     

Legal empowerment of the poor: with a little help from their friends?

In 2005 the initiative to create a High Level Commission on the Legal Empowerment of the Poor, to be co-chaired by Peruvian economist Hernando de Soto and former US Foreign Affairs Secretary Madeleine Albright, was launched with strong support from the Norwegian government. This article first reviews some of the debate surrounding the initiative, giving special attention to the role of Norwegian civil society organisations that questioned central assumptions of the Commission as well as its composition and working procedures. Next, the article looks at the propositions made by the Commission on the Legal Empowerment of the Poor and argues that it was very much a top-down affair that called on those in power to behave in favour of the poor and relegated organisations of the poor and civil society to a supportive role. Issues of political power thus were downplayed. This also is reflected in the fact that the question of (re)distribution of assets is hardly addressed by the Commission. Questions of power or the distribution of assets were sidestepped by focusing primarily on the legal dimension and formalisation. And, although the Commission mentions macro-economic conditions it fails to critically analyse the conditions that account for poverty and informality, which basically are attributed to legal arrangements. Such an analysis would require a (critical) political economy perspective.     

Controlling land they call their own: access and women's empowerment in Northern Tanzania

Formal rights to land are often promoted as an essential part of empowering women, particularly in the Global South. We look at two grassroots non-governmental organizations (NGOs) working on land rights and empowerment with Maasai communities in Northern Tanzania. Women involved with both NGOS attest to the power of land ownership for personal empowerment and transformations in gender relations. Yet very few have obtained land ownership titles. Drawing from Ribot and Peluso's theory of access, we argue that more than ownership rights to land, access – to land, knowledge, social relations and political processes – is leading to empowerment for these women, as well as helping to keep land within communities. We illustrate how the following are key to both empowerment processes and protecting community and women's land: (1) access to knowledge about legal rights, such as the right to own land; (2) access to customary forms of authority; and (3) access to a joint social identity – as women, as ‘indigenous people’ and as ‘Maasai'. Through this shared identity and access to knowledge and authority, women are strengthening their access to social relations (amongst themselves, with powerful political players and NGOs), and gaining strength through collective action to protect land rights.     

涉案财产处置程序的完善——以审前程序为视角的分析

近年来,中国司法同时步入扫黑除恶和企业产权保护的元年,针对审前程序中涉案财物处置乱象问题,有必要厘清与规范涉案财物处置相关的制度与程序,强化民营企业产权司法保护。应当正确界定涉案财产的概念与范围,合理把握涉案财物的处置方式和处置标准,在区分程序性处置和实体性处置的基础上,从职能、权力和程序三个方面强化审前涉案财产处置的控制体系。为了应对实践中存在的处置任意化、程序偏行政化、移送和保管混乱等问题,应以取证规范化为基础强化涉案财物的审查认定,丰富涉案财物的保全措施体系,对审前处置程序进行正当化改造,建立和完善涉案财产集中管理制度。     

民法典编纂对财产犯罪法益保护的影响

在民法之外,重新构建一个仅适用于刑法中财产犯罪法益保护的判断标准,既无必要也不现实。财产犯罪法益保护扩张的主要目的是为了入罪,不论是“利益的法益化”还是“管理的占有化”,都是以保护法益之名行扩张犯罪圈之实。犯罪圈的不当扩张,不仅会有损整体法秩序,还会弱化乃至消解法益甄别法与不法的机能。部门法之间的紧张关系在任何法律体系下都是无可避免的,民法典编纂为解决“刑民倒挂”问题以及增加法秩序统一性原理在刑民之间的衔接度提供了重要契机。为此,应重新梳理刑民之间围绕财产、占有、管理等方面的争议问题,将民法所确定的财产法益内容作为财产犯罪法益保护的基本依据,并允许刑法根据财产犯罪的特点对法益保护范围作出适当调整。这样做的目的不是通过民法给刑法套上枷锁,而是在遵循法秩序统一性原理的基础上达成应有的刑民共识。     

Beating the bounds: how does ‘open source’ become a seed commons?

In response to ongoing plant genetic enclosures, the Open Source Seed Initiative (OSSI) is creating a ‘protected commons’ for seed. It is a project, I argue, that reflects characteristics of a growing transnational commoning movement. From the Zapatistas to seed wars, such movements draw attention to commons not simply as a resource, but as a dynamic and evolving social activity: commoning. In the US, OSSI includes 38 plant breeders, 48 seed companies and 377 crop varieties. Yet challenges remain for OSSI to gain wider legitimacy for ‘freed seed’, to build trust in a moral pledge, and to establish fair guidelines for which people and which seed can participate in making the commons. Using the metaphor of ‘beating the bounds’ – a feudal practice of contesting enclosures – I ask how OSSI defends the commons in intersecting arenas. The first way is legal, as OSSI negotiates a move from contract law toward moral economy law. Next is epistemic, as an informal breeder network revitalizes farmer knowledge, while proving more structurally able and culturally equipped to lead commoning efforts. Finally, I reflect on the nature of boundary beating itself, aided by Global South movements. Seed sovereignty perspectives suggest room for a pluriverse of commons to grow.