浅议电子合同纠纷的管辖权

电子商务的普及带来越来越多的电子合同纠纷，这些纠纷的解决又给传统司法管辖权带来冲击。实际上，传统的管辖权规则对于解决电子合同纠纷仍然是可以发挥作用的，关键问题是在网络环境下对传统管辖权规则进行新的界定，同时加强国际立法交流与合作，从而为确定电子合同纠纷的管辖权扫清法律障碍。     

论期刊的回溯建库与期刊著录

建立回溯期刊数据库就是将期刊文献信息资源电子化,并用科学方法将它们合理组织成相互关联的数据集合,存放在计算机存储器中,便于有关软件存取,供读者利用,并针对建库过程中遇到的问题,做了大量的分析且提出了期刊著录方言的合理化建议。     

Trade Secrets, Firm-Specific Human Capital, and Optimal Contracting

Trade secrets are innovations jointly produced by firms and employees that are generally not protected by patents. They are commonly protected within the framework of labor contracts, where an obligation of confidentiality is imposed upon the employee. Specifically this obligation applies to the employee even after he has left the employer for a period of time determined in the contract, known as a cooling off period. Often employees are prohibited not only from revealing trade secrets, but also from utilizing their specific human capital developed at the original place of employment in competitor firms during this period. Their specific human capital is in effect inseparable from the trade secret. Failure to protect the trade secret will result in its revelation and its becoming public and hence worthless for the innovator. The inability of an employee to reveal trade secrets and utilize his specific human capital after leaving his place of employment imposes costs and losses upon him. Some form of compensation will be paid for these contingent losses within the employment contract. Employers know that the longer the cooling off period imposed upon employees, the greater employees must be compensated for this in the contract. Longer cooling off periods thus cost the employer more, but also enable him to earn greater rents from the innovation itself. In this paper profit-maximizing periods of trade secret protection are derived, based on these two countervailing factors, and comparative statics exercises are performed. How the selection of profit-maximizing periods of trade secret protection when the incidence of resignation is itself affected by contract parameters and incentives is explored.     

An experience report regarding the performance of the IBIS correlator

The majority of published experimental evaluations of the performance of the IBIS system are based on very specific conditions, mainly considering IBIS as a tool to create a "ballistic database." No recent reports were found covering the performance of the IBIS system to search an open case file of realistic structure. In this paper, the performance of the IBIS correlator will be evaluated, based on four different data sources that predominantly concern the operation of the central collection of evidence ammunition of the Federal Criminal Police Office (BKA), Germany. The results allow a conclusion on the success and error rates to be expected of the IBIS correlator in a realistic OCFDB ("open case file database") environment, given certain conditions. It was found that success rates of 75-95% for cartridge case comparisons and 50-75% for bullet comparisons can be achieved in practice. Recommendations for a most efficient way to operate the IBIS electronic comparison system will be presented based on the results of the evaluations. The terms and definitions in this report completely correspond with the definitions in an earlier article. Familiarity with this article is therefore absolutely necessary to fully understand many of the statements presented here.     

关于提高警察勤务效益的几点思考

在经济迅速发展的新形势下,影响社会治安稳定的因素正日益增多,而警察勤务工作自身亦存在诸多问题,致使工作捉襟见肘,效益低下,无法很好地适应当前形势的需要。要改变这种被动局面,就需要从勤务体制、警力资源、科技信息、警民关系、个体素质、保障机制、勤务模式等方面入手,解决"瓶颈性"或障碍性的矛盾,进一步提高警察勤务效益,维护政治安定和社会治安稳定的大局。     

Online Dispute Resolution and Bargaining

The automated negotiation process seems to be a powerful mechanism to resolve disputes arising from Internet-based transactions. Automated negotiation is an online blind-bidding process in which an automated algorithm evaluates bids from the parties and settles the case if the offers are within a prescribed range. Following the arguments of the dispute resolution professionals, the main advantage of this procedure is to promote natural agreements by restoring the parties' right to negotiate on their own, without the presence of a third party in the shadow of negotiations. Our purpose is to investigate this issue by modelling the automated negotiation process as a two-person bargaining game under incomplete information. A first result states that, given incomplete information, not all mutually beneficial agreements can be attained via the procedure. Furthermore, the settlement rule has a drastic effect on the players' strategies, which induces that the automated negotiation process does not significantly increase the likelihood of a settlement. The ability of the procedure to generate efficiency is only due to the costs imposed on parties if a disagreement occurs, that is the combination of players' risk aversion and uncertainty.     

谈计算机取证

随着信息技术的发展,利用计算机系统作为犯罪工具或目标的案件越来越多。因此,电子证据也将成为越来越重要的证据。但对于这类证据的取得,即计算机犯罪取证,却是人们要面对的一个难题。计算机取证可按以下步骤进行:保护和勘查现场、确定和获取电子证据、分析和提取数据、归档并提交结果。     

评《合同法》与《联合国货物销售合同公约》合同形式的冲突与协调

本文提出新《合同法》的买卖合同形式规定已经与《联合国货物销售合同公约》（ 以下简称《公约》） 的规定相吻合,因而,应撤销基于旧合同而对《联合国货物销售合同公约》声明保留的内容。此外,文章还对国内法与国际条约的四种关系模式及我国立法的取向进行了论述。     

电子支付基础法律问题研究

电子支付制度在其货币和信息层面给传统法制带来了挑战。这两个层面涉及众多的法律问题需要寻求解决对策和进一步完善思路。结合我国实际，加快电子支付立法则是关键。     

电子文件管理的几个基本问题

电子文件日益广泛应用于信息时代的各社会领域。如何处理好电子文件的法律效力、标准化、安全性问题 ,是当前电子文件管理中的基本问题