美菲同盟强化及其在美国亚太再平衡战略中的作用

美菲同盟是与美国亚太再平衡战略推进最为同步的一个同盟,美国视其为该战略的"核心"。美菲同盟的强化,其主要原因在于美国亚太再平衡战略与菲律宾对南海领土图谋之间存在契合。美菲同盟在美国再平衡战略背景下迅速机制化。美菲同盟在美国再平衡战略中扮演着进入东南亚地区多边机制的介入功能,承载着重空间轻基地、少投入多产出的威慑功能,体现着由关注非传统安全向关注传统安全的调整功能。     

试析侵犯商业秘密罪认定中的若干问题

侵犯商业秘密罪是指违反商业保密法规,侵犯商业秘密,给商业秘密的权利人造成重大损失的行为。商业秘密包括了技术信息和经营信息;本罪在实践中表现为非法获取商业秘密、非法利用不法获取的商业秘密以及违反约定或者要求利用商业秘密等行为;本罪中的“重大损失”应指实际产生的物质损失。     

Ordinary Singapore: The Decline of Singapore Exceptionalism

For decades Singapore’s ruling elite has sought to legitimate its rule by claiming to be a talented and competent elite that has made Singapore an exception among its neighbours – an exemplar of success and progress in a sea of mediocrity. In this article it is contended that this basis of legitimation has been irreversibly damaged. In essence, it is suggested that the governing People’s Action Party has lost control of the national narrative, and its achievements are increasingly regarded as being “ordinary” by the electorate. The mystique of exceptionalism, which was the basis on which the government was widely presumed to be above the need for close scrutiny and accountability, has collapsed. This collapse has substantially levelled the political playing field, at least in terms of expectations and assumptions. The government can and probably will continue to win elections and rule through its control of the instruments of institutional power, but the genie of scepticism and accountability has been released from its bottle, and it is hard to see how it can be put back in. This fundamentally changes the condition of Singapore politics: the narrative of exceptionalism is dead and the Singapore elite finds itself struggling to cope in a new and critical political environment.     

Social contention,authoritarian resilience,and political change

This article takes stock of recent advances in the field of comparative authoritarianism. The four books reviewed shed light on the effects of social activism, claim-making and social protests on authoritarian resilience. Taken as a whole, they intervene in the scholarly debates that examine the rise of collective, often contentious action under authoritarian rule. In so doing they account both for how states tolerate or even encourage collective action and the extent to which, in turn, protests by distinct social groups re-shape the political system. As authoritarian institutions, democratic-looking or otherwise, have received considerable attention of late, this article calls for greater attention to the economic and ideational dimensions of authoritarianism and, more generally, a broader research agenda.     

侵犯商业秘密罪疑难问题探讨

侵犯商业秘密罪在刑法理论与司法实务中存在着颇多的争议。立足于TRIPS协议,商业秘密具有秘密性、价值性、保密性的法律特征。从侵犯商业秘密罪的罪过形式来看,“应知”是一种疏忽大意的过失的心理态度,应当明确“重大损失”的认定标准,应当用无形资产的评估方法来衡量被侵犯的商业秘密的价值。     

论消费者及消费者保护在经济法中的地位——“以人为本”理念与经济法主体和体系的新思考

“以人为本”理念和科学发展观的提出,为经济法的进一步发展提供了良好的契机。经济法的主体可以概括为消费者、经营者和管理者;消费者是经济法主体的核心。消费者的保护需要经济法,经济法是消费者保护的主要法律部门。我国应以消费者保护为中心,构造经济法的体系。     

博弈类型与国际机制--APEC方式的博弈论分析

博弈论对具体的国际合作机制的形成具有很强的解释力.具体利益博弈的类型不同,它所要求的国际合作机制也不同.亚太经合组织内发达经济体与发展中经济体的利益博弈是一种特殊的非合作型博弈,这决定了A距C合作方式的特殊性.     

State Power and Penal Rhetoric: A Historical Analysis of the Prison System in Taiwan

The aim of this study is to present a construction of the history of the prison system in Taiwan in the context of the intertwined structures of penal discourses and the governmentality of the state. The prison system in Taiwan has been subject to different ruling political regimes, ranging from colonised, authoritarian to liberal-democratic systems between 1895 and the present. The history of imprisonment can be divided into six stages, each of which consists of distinct governmental strategies that shape prominent penal discourses. My purpose was to uncover the exercising power of governmentality, further shaping, guiding and affecting the penal discourses via rationalities and technologies upon which prison administration depends.

论侵犯商业秘密罪的“重大损失”

刑法第二百一十九条规定的侵犯商业秘密罪的"重大损失",是一个比较抽象的定罪情节,有必要使用司法解释的方式加以具体化.但是最高人民检察院、公安部<关于经济犯罪案件追诉标准的规定>对"重大损失"的界定存在一定的问题,使得司法实践中出现的一些情况难以按照该规定处理,应该进一步完善.司法解释将刑法规定的"重大损失"限定为"直接经济损失",同时又没有说明其具体含义,适用起来会出现矛盾,应该改为经济损失,包括通常意义上的直接经济损失和间接经济损失;行为人的经营性收益不应当认定为权利人遭受的损失;行为人非法转让商业秘密获得的收益,应当认定为权利人受到的经济损失.     

Governing the Safety and Security of the Malacca Strait: The Nippon Foundation between States and Industry

ABSTRACT

Despite long-standing sovereignty sensitivities, the Malacca and Singapore Straits have been the site of co-operative governance and regime building. Of note is the 2007 Co-operative Mechanism of the Straits of Malacca and Singapore, characterised as a milestone achievement in regional co-operation towards improved safety and security in the Straits. Yet, well before the Co-operative Mechanism were also earlier instances of co-operation dating to the 1970s – specifically between the Straits’ littoral states under a tripartite framework and Japanese actors through the Malacca Strait Council. In addition to providing a template for the Co-operative Mechanism, these arrangements offer alternative models of governance and regime building that challenge conventional characterisations of “regional governance” – what it looks like, as well as its driving actors. This article considers the significance of these early efforts, with attention to the ways that the region’s developmental context bears on the actors, structures and processes of governance in Southeast Asia. Not only does this historical process of co-operation give expression to alternative governing arrangements composed of mixed actors and obligations, but an unconventional governance agent – the Nippon Foundation – has played an especially defining role in bringing actors to the table and substantiating the co-operative process.