非物质文化遗产著作权保护模式探析

著作权保护是非物质文化遗产知识产权保护中的一个重要保护模式,但是,由于我国的传统文化具有多样性和复杂性的特点,相关的法律法规并没有出台。民族、社区、部落等团体型权利主体和国家可以授权一个机构来对外行使非物质文化遗产的权利;能够取得著作权保护的民间文学艺术作品仅给予人身权的保护是远远不够的,对于其财产权的保护也是非常必要的。     

驾驶员酒后血液酒精含量与时间关系研究

目的研究驾驶员少量饮酒后体内酒精含量与时间的变化关系。方法利用呼吸式测酒器对驾驶员酒后30min以后血液酒精含量进行测量,每隔20-30min测量一次,绘出血液酒精含量与时间的关系曲线。结果血液酒精含量与时间的变化关系基本为线性关系,拟合曲线斜率略有差异。结论对于喝1瓶啤酒的情况,酒后30-60min内都降到20mg/100ml以下,可为驾驶员掌握酒后开车时间和交警执法检查提供数据参考。     

行政权特征与规范

行政法治的途径之一是加强对行政权的限制,但行政权行使的诸多方面却是与法治无关的,或者是法治所无法彻底解决的,这一点可以从行政权的固有特征中揭示出来。因此,行政法治所涉及的问题绝不仅仅是理论上简单的限制,而是应努力寻找到行政法治的真实对象和可行途径。     

When a Man Meets a Woman: Comparing the Use of Negativity of Male Candidates in Single- and Mixed-Gender Televised Debates

Much work has been done to analyze the consequences of the increasing representation of women in politics. Usually, this research compares male and female politicians from a female perspective. For instance, many studies in political communication investigate how and why female candidates show campaign styles similar to or different from their male colleagues. In contrast to this, few studies are interested in how men change their behavior when women enter the political arena. Some of these studies have demonstrated that men limit their negativity when confronted with female candidates. Unfortunately, these analyses focus predominantly on (a) the United States and (b) gender differences in campaign advertising. We seek to provide empirical evidence for non-U.S. campaigns from the most important single campaign events: televised debates. To do so, we analyze data covering all German televised debates broadcast since 1997 where male politicians participated in a two-candidate single- or mixed-gender debate. Our results indicate that the gender of the political opponent affects incivility but not the use of attacks in general. In mixed-gender debates there is less incivility. However, differences in the treatment of male and female opponents tend to decline over time. We conclude that female candidates transform campaign communication—not only because they communicate differently from men, but also because they influence male politicians’ political communication.     

Does the Political System Determine Media Visibility of Politicians? A Comparative Analysis of Political Functions in the News in Sixteen Countries

News coverage of politicians is very unequally distributed: a few powerful politicians receive the bulk of media attention, while the large majority hardly gets into the news. However, case studies show that news outlets in some countries give more attention to ordinary politicians compared to other democracies. This study examines and explains the variation in media visibility of politicians with different institutional functions across Western democracies. We employ a large-scale content analysis of television news, newspapers and online news in sixteen countries to analyze whether a political system logic determines the distribution of political functions appearing in the news. This logic suggests that journalists follow the political hierarchy of the country when covering politicians. We also check for an additional media logic that would push journalists to focus on a limited number of high-standing politicians. The results confirm that both logics matter, but that mainly the structural characteristics of the political system have an impact on the distribution of news coverage of politicians. In countries where political power is more equally distributed across politicians, a broader range of (elite) politicians makes it into the news. Our results suggest that the media logic is nested in the broader political context and in some cases even strengthens the logic of the political system.     

Can the hidden hand of the market be an effective and legitimate regulator? The case of animal welfare under a labeling for consumer choice policy approach

In Australia, labeling for consumer choice, rather than higher government regulation, has become an important strand of the policy approach to addressing food animal welfare. This paper illustrates the usefulness of “regulatory network analysis” to uncover the potentials and limitations of market‐based governance to address contentious yet significant issues like animal welfare. We analyzed the content of newspaper articles from major Australian newspapers and official policy documents between 1990 and 2014 to show how the regulatory network influenced the framing of the regulatory problem, and the capacity and legitimacy of different regulatory actors at three “flashpoints” of decisionmaking about layer hen welfare in egg production. We suggest that the government policy of offering consumers the choice to buy cage free in the market allowed large‐scale industry to continue the egg laying business as usual with incremental innovation and adjustment. These incremental improvements only apply to the 20 percent or so of hens producing “free‐range” eggs. We conclude with a discussion of when and how labeling for consumer choice might create markets and public discourses that make possible more effective and legitimate regulation of issues such as layer hen welfare.     

Priming Issues,Party Visibility,and Party Evaluations: The Impact on Vote Switching

Voter volatility has become a hallmark of Western democracies in the past three decades. At the same time short-term factors—such as the media’s coverage of issues, parties, and candidates during an election campaign—have become more important for voters’ decisions. While previous research did look at how campaign news in general affects electoral volatility in general, it has omitted to explicitly test the mechanisms underlying these effects. Building on theories of agenda setting, (affective) priming, and issue ownership, the current study aims to explain why certain news aspects lead voters to switch their vote choice. We theorize it is the visibility of a party, the evaluation of a party, and the attention for issues owned by a party that primes voters to switch to a certain party. We use national panel survey data (N = 765) and link this to an extensive content analysis of campaign news on television and in newspapers in the run up to the 2012 Dutch national elections. The results show that issue news leads to vote change in the direction of the party that owns the issue. Even stronger is the effect of party visibility on vote switching. Our results, however, find the strongest support for the effect of party evaluations on vote change: More favorable news about a party increases switching to that party.     

犯罪嫌疑人从宽期待供述动机形成机制之实证研究

犯罪嫌疑人在讯问过程中,基于自我保护的本能,有较强的对抗讯问的意志。在面对是否供述罪行的动机选择中,犯罪嫌疑人自身存在的期待得到从宽处理的优势需要,与讯问人员使用的恰当的讯问方法相结合,即可以促使其产生供述动机。对犯罪嫌疑人所作的调查结果表明,侦查人员对犯罪嫌疑人讲明主动供述罪行可以得到从宽处理,同时结合亲情感化和唤醒良知等方法,对有从宽期待的犯罪嫌疑人具有较为积极的影响。     

论清算中公司的主体地位

公司的解散、清算是法人制度中重要而复杂的法律问题。本文从清算中公司的主体地位入手,区分公司自愿解散和强制解散时不同的法律地位,分析了司法实践中清算公司主体地位的操作方式,从而提出应当完善具体的清算法律制度。其中增设特别清算制度,可以完善清算责任机制,更好的保护债权人的利益。     

(Re)Claiming Our Expertise: Parsing Large Text Corpora With Manually Validated and Organic Dictionaries

Content analysis of large-scale textual data sets poses myriad problems, particularly when researchers seek to analyze content that is both theoretically derived and context dependent. In this piece, we detail the approach we developed to tackle the analysis of the context-dependent content of political incivility. After describing our manually validated organic dictionaries approach, we compare the method to others we could have used and then replicate the method in a different—but still context-dependent—project examining political issue content on social media. We conclude by summarizing the strengths and weaknesses of the approach and offering suggestions for future research that can refine and expand the method.