绝对化用语广告过罚失当问题研究

2015年《广告法》修订后,对于绝对化用语广告处罚是否过罚失当引发争议。由于该类行为扰乱了市场秩序,损害了消费者和竞争者的合法权益,故应当受到法律规制。但是,关于如何确定罚款数额的问题,国家有限干预、经济公法等理论均无法清晰地予以解答。基于行政违法行为过罚相当原则的考量,建议从以下方面修改完善绝对化用语广告惩处制度:适度降低绝对化用语广告的起罚点,并增设"警告"条款;采取"销售额罚款"和"定额罚款"并存的处罚方式;统一广告监管执法中的裁量基准。     

Death by Ram Attack: A Case Report from Greece and a Brief Review of the Literature

A case of a ram attack that caused injuries to a 73‐year‐old man is presented. The deceased survived the attack and had the opportunity to speak with a friend over the phone before being transferred to the hospital. After a 21‐day hospitalization, the patient passed away. A postmortem examination was performed to ascertain the cause of death. The autopsy findings are presented along with a brief review of the literature. Attacks by agricultural animals (or livestock) around the world are reported in the scientific literature. Fatalities from ram attacks are extremely rare. The need to implement specific codes in the ICD system, relevant to each animal attack, appears to be of great importance, in order to allow tracking of animal‐related deaths.     

Structured Like A Monster: Understanding Human Difference Through A Legal Category

This article will argue that the legal idea of the monster offers to inform contemporary thinking in relation to outsiders. Drawing on the work of Foucault it will be contended that the process, whereby at least some human beings are positioned as outsiders, is structured like a monster. That is to say, at least some constructions or representations of human difference, both legal and non-legal, are informed by the monster category. The article will think through and unpack Foucault’s the idea of the monster, and his sufficient and necessary conditions of monster production. In the process, the article will identify two contemporary figures that bear the legacy of this legal category. These are the figures of Foucault’s abnormal individual and the human/animal hybrid of genetic medicine, figures that can neither be reduced to products of law or disentangled from its domain. An emphasis on the importance of the template of the monster in understanding these contemporary figures points to its relevance to legal scholarship within fields such as gender, sexuality and race, and bioethics respectively.

K9s killed in the line of duty

While police work comes with a slew of dangers, little research has focused on deaths of police dogs in the line of duty. The purpose of this paper is to begin a conversation about violence toward police dogs and the treatment of animals working with the police.

To do so, a database of 96 police dogs that died in the line of duty in the United States between 2011 and 2015 was compiled, drawn from the Officer Down Memorial Page. More police dog deaths were reported in 2014 and 2015, during summer months, with half clustering in the Southern US. The victim police dogs were mostly younger and recently employed by the policing agency. The most frequent cause of death was heat exhaustion, followed by gunfire and automobiles. Most offenders were apprehended by police or shot.

Policymakers and researchers should encourage systematic data collection for a better understanding of the extent of the issue.     

Empathy through Animals: Generating Evidence‐based Outcomes for Empathy Development

Low empathy is a prominent trait associated with juvenile offenders. Many juvenile justice service providers strive to reduce risk factors associated with juvenile delinquency, while producing evidence‐based outcomes for targeted programming. The Youth Services Agency (YSA) Nature Center provides empathy development through animal therapy to adjudicated youth. This project generates evidence‐based outcomes and quantifies the impact of animal therapy on empathy development of adjudicated youth at the YSA Nature Center by utilizing self‐assessment tools. Results indicated trends that animal therapy increases the emotional empathy of YSA clients. Qualitative evidence implied that animal therapy had notable therapeutic value to YSA clients.     

Japanization of Modern Chinese Buzzwords——A case study of the word “yan”

Recently, the number of new words and buzzwords in Chinese borrowed from Japanese has exceeded vocabulary from other languages including English and French etc., showing a obvious trend of Japanization. Most of these new words were firstly borrowed, adapted and used by the young and later quickly spread via the Internet, among which some are frequently used by the mainstream media and finally accepted by the public with fixed connotation. Since most of these words are not included in dictionaries, they often cause communication difficulty and misunderstanding between people of different ages and social groups. Meanwhile, these new words and buzzwords become the target of severe criticism due to their clear Japanese characteristics and the widespread belief that they are the result of cultural invasion. With a case study of the word “yan”, this paper attempts to explore the Japanization of new words and buzzwords popular in modern China and the causes behind this trend to promote proper understanding of this trend so that it can provide help on proper use of modern Chinese language.     

Criminology and animality: stupidity and the anthropological machine

Although a relatively small, yet growing group of scholars have been lamenting the exclusion of nonhuman animals from the scope of criminology for over thirty years now, animals have been historically present in criminological theorizing, legal practices, and research. However, this presence has not been of the form advocated for by scholars who variously identify themselves as non-speciesist criminologists, green criminologists, or ecological criminologists, who have been arguing largely for recognition of harms perpetrated against animals, or ‘zoological crime’. Instead, the longer history of animals in criminology is as offenders or as prototypes of criminality. In this article, we are concerned with the production – vis-à-vis the anthropological machine – of the ‘stupid’ animal and subhuman within criminology and criminal justice. Guided by the political philosophy of Giorgio Agamben, we trace the animal through criminological thought from the premodern period to Lombroso to contemporary criminological scholarship illustrating how the animal has been (ab)used to shore up the classifications between humans, between humans and animals, and the intelligent and the stupid. We also examine how historically through criminal trials of animals and the feebleminded, criminal justice has played an active role in buttressing these classifications and acting on these classifications to produce bare life, that is, life without form or value.     

野生动物侵权法律探讨

近年来,伴随着野生动物保护法的实施以及自然保护区的设立,野生动物的生态环境得到了根本的改善,但同时野生动物致人人身、财产损害问题也日益突显。从1997年的“思茅亚洲象”毁坏农田案到2005年上海野生动物园狮子吃人案、从东北黑熊伤人毁财案到华南虎吃牛案,野生动物致害案件屡屡不断。本文试图在这一法律空白领域“垦荒,”对野生动物侵权引发的一系列法律问题,如野生动物内涵的界定、赔偿的理论基础、抗辩事由、举证责任、赔偿的义务机关等法律问题作以探究。     

应用非传统模式记忆大学英语词汇

大学英语词汇的识记被许多英语学习者视为畏途。传统的英语词汇识记模式以字母为单位,从左到右整体记忆,费时低效,记忆效果差。如果采用非传统模式,如联想记忆法、逻辑记忆法,则可大大提高记忆效率,改善记忆效果。