明星模仿的侵权认定与例外——以形象权保护为视角

我国法学界对明星模仿涉及的法律问题给与了很多讨论,讨论的主题涉及明星模仿的方式、侵权构成要件、法律规制等方面。目前来看,理论界对于明星模仿侵犯了权利人的合法权益并无异议,但对于认定侵权的标准和侵犯了权利人何种权益等问题仍有待进一步讨论。本文试图引进形象权的概念和形象权理论中＂附带使用＂规则对明星模仿侵权相关理论进行分析。     

警察执法权力的边界与私权维护

当前警察执法活动中存在着侵犯公民私权的现象,其中一个重要原因是执法者不能准确区分执法权的边界,造成越界执法,导致侵权。建设和谐社会与法制国家必须进一步规范和限制执法权力的运用,实现公权和私权的平衡与协调,在执法中树立以权利为本位的执法理念,明确公权与私权的边界,规范公权力行使,保障私人权益。     

Taiwan: An Internal Affair! How China’s Domestic Politics and Foreign Policy Interact on the Taiwan Issue?

Taiwan may be an internal affair but the domestic public opinion is not invited to participate very much in a debate and a decision-making process that have remained confined to the Chinese Communist Party and the military top leadership and, on purpose, involves a very small number of officials and experts. Conservative and nationalist forces do constrain Beijing’s Taiwan policy. And some leaders are tempted to use the Taiwan issue for unrelated domestic or foreign policy purpose. Nevertheless, what is striking is the potential for flexibility in China’s Taiwan policy. While Chinese local governments and companies’ increasing interests in business-as-usual in the Strait and the unbearable cost of any armed conflict tend to narrow the government’s options, concentration of power and the efficiency of the propaganda machine allow it to rather smoothly manage, in particular vis-à-vis the elites’ conservative opinion group as well as its own public opinion, this flexibility.     

With friends like these: foreign policy as personal relationship

Governments are run by humans who have sympathies and moods. The study of leaders' personalities, albeit not widespread, is an important tool for foreign policy analysis. Plus, friendship is a feeling that decision-makers like to express for each other. This paper analyses the activity of Silvio Berlusconi, Italy's three times premier, who has made ‘friendship’ a central tenet of his personal foreign policy. Three cases are considered, namely, Berlusconi's relationship with George W. Bush, Tony Blair and Vladimir Putin. The paper concludes that his friendship-based foreign policy has somehow worked; but, because he decided to ignore Italy's structural constraints in the international arena, he ended up wasting opportunities and resources.     

中国新闻出版业向东盟“走出去”发展研究

中国新闻出版业向东盟"走出去"极具重要性,但当前存在受文化差异影响较大、出版单位文化创新能力较差、人才缺乏和认识上的不足等方面的问题。在政策支持进一步加强、中国—东盟自由贸易区建成等有利条件下,应充分响应国家相关政策,增强向东盟"走出去"的主动性;发挥广西的平台作用,增强新闻出版整体实力;增强新闻出版业"走出去"的能力;加强新闻出版人才培养;为新闻出版业"走出去"提供法律和机制保障。     

“Excuse Me,But Are You Raping Me Now?” Discourse and Experience in (the Grey Areas of) Sexual Violence

In feminist research on sexual violence and victimization, the relationship between discourse and experience has often been at the forefront of intense debates. Poststructuralist scholars have emphasized that the discourses used to name sexual violence may in fact perpetuate the very problem they set out to describe, by freezing women into powerless positions of rapability. Others have likened this sort of argument to anti-feminist trivialization of the pervasively gendered experiential reality to which such discourses refer, highlighting that women’s victimization is not a discursive problem. In this article, I seek to carve out a path that cuts through such polarization by exploring the multifaceted dialectical relationship between, on one hand, gendered discourses on sex and sexual violence and, on the other, people’s reported experiences of these phenomena and, in particular, of the “grey area” between sex and sexual violence. I do this by analysing autobiographical stories from the influential Swedish campaign #prataomdet (#talkaboutit), which emphasized the need for a new language that can do justice to people’s experiences of sexual violence and the grey area between sex and sexual violence.     

The right to vote and nomadic voter enrolment

What model of voter enrolment is appropriate for states with nomadic minority populations? The present paper examines this question with reference to an equality-based, moral right to vote and considers four models that track some of the different institutional strategies that have been developed by states with transient populations. The paper shows that the right to vote is compatible neither with a model that makes permanent residence in a constituency an absolute condition for voter enrolment and so excludes nomads from the electoral process, nor with a model that enables nomadic voter enrolment but restricts the number of nomads that can enrol in a single constituency. But the right is, subject to certain caveats, consistent with a model that enables nomads to enrol in a constituency of their choice and, as well, with a model that enables nomads to enrol and vote in a distinct, non-territorial constituency.     

‘Living Rights’, rights claims,performative citizenship and young people – the right to vote in the Scottish independence referendum

This paper examines the rights claims-making that young people engaged in during the 2014 Scottish independence referendum when the right to vote was extended to 16- and 17-year-olds for the first time in the UK. Understanding citizenship and rights claims-making as performative, we draw on the novel idea of ‘living rights’ to explore how young people ‘shape what these rights are – and become – in the social world’. They are co-existent and situated within the everyday lives of young people, and transcend the traditional idea that rights are merely those that are enshrined in domestic and/or international law. We explore the complex and contested nature of rights claims that were made by young people as ‘active citizens’ in the lead up to the referendum to illustrate how the rights claims-making by young people is bound up with the performativity of citizenship that entails identity construction, political subjectivity (that challenges adult-centric approaches) and social justice.     

Barriers to women’s access to decision-making positions in sport organizations: the case of establishing a girls’ volleyball academy in Israel

The aim of this paper is to highlight the nature of the barriers facing women in terms of their participation in decision-making in Israeli sport, and to identify and evaluate some of the strategies and tactics adopted to overcome these barriers. This is done by making reference to a particular case study, the case of the process of establishing a major policy initiative in Israeli sport – the founding of the national Volleyball Academy for Young Talented Girls. The case is analyzed in order to identify how and why the goal of establishing the Academy was successful, and to consider what may be learned in terms of the implications for the tactics and strategies used that might be adopted by other women in similar circumstances.     

发扬“工匠精神”对于振兴实体经济的现实意义

自2016年3月5日李克强总理作政府工作报告时首次正式提出"工匠精神"以来,党和国家领导人为振兴实体经济多次提出要发扬"工匠精神"。发扬"工匠精神"对于振兴实体经济有着重大的现实意义。我国实体经济在经济社会转型期表现出的发展缓慢问题,在国际市场上表现竞争力不强问题,根本原因之一就在于我国企业缺乏更多拥有"工匠精神"的高素质职工队伍。培育、关心尤其要大幅提高拥有"工匠精神"品牌职工的待遇和地位,是打造更多享誉世界的"中国品牌"的前提和基础。以弘扬"工匠精神"为目标的职工文化是振兴我国实体经济的有力抓手。