侵犯商业秘密罪中的疑难问题

侵犯商业秘密罪,在犯罪对象上,应注意商业秘密的整体新颖性和部分新颖性的区别;在实行行为上,"利诱"不应包括欺骗;在犯罪结果上,"重大损失"不等于商业秘密自身价值;在主观方面,"应知"应推定为"明知"。     

Neoliberalising the food regime ‘amongst its others’: the right to food and the state in India

ABSTRACT

This contribution explores the role of the state in the contemporary food regime in light of critical theories of neoliberalisation. Heeding recent calls for downscaling food regime analysis, I suggest a Gramscian reinterpretation of recent right-to-food legislation in India on the backdrop of longer histories of capital, power and nature. I argue for seeing the recent right-to-food case in India as partaking in a longstanding hegemonic process of neoliberalising the country’s agro-food system, where hegemony is negotiated through unstable equilibria facilitating renewed capital accumulation for dominant classes.     

Commentary: Food regime for thought

This essay engages with Henry Bernstein's critical survey of food regime analysis, focusing on the claim that my interpretation of the food regime takes a misguided ‘peasant turn’. I argue Henry's representation loses sight of my reformulation of the ‘agrarian question’, as more than analysis of the uneven process by which capital subordinates landed property, and therefore of the class fate of the peasantry, as such. Rather it is about social and ecological fate on a global scale, involving questions of ecosystem survival, precarious labor circuits, urban slum proliferation, privatization of states, financialization, intellectual (property) rights, climate change mitigation and so on. Significantly, global recognition of these connections to processes of agro-industrialization and enclosure was informed by a ‘peasant’ mobilization that would be unthinkable within the terms of the classical agrarian question. Peasant organizations catalyzed challenge to the neoliberal food order institutionalized in the World Trade Organization (WTO) regime, in a time of massive dispossession. Politicizing neoliberal ‘food security’ as an agribusiness project, the ‘food sovereignty’ counter-movement used a politics of strategic essentialism to unmask the undemocratic and impoverishing architecture of the ‘free trade’ regime privileging corporate rights over state and citizen rights. In effect, this counter-movement performed a food regime analysis from within, importantly reaching beyond a peasant project. This essay revisits the comparative-historical method by which the food regime trajectory can be understood, as a contradictory set of interacting forces and relations that complicate and shape and reshape its politics, and yet allow identification of emergent possibilities.     

司法反应:毒品犯罪生成的重要影响因素——从公安机关执法切入

公安执法的方式、途径、态度对毒品犯罪的生成具有不可忽视的影响作用。公安禁毒工作考核项目的设定或有违基本的经济规律或自相矛盾,运动式禁毒行动存在着人为增多毒品犯罪的风险。毒品案件侦查"经营"的迷局和秘密侦查手段的运用难免会泛化毒品犯罪的产生概率;而强制性的隔离并没有让吸毒人员远离毒品圈子,某种程度上还会助推他们从违法者转向犯罪者。面对持续恶化的毒情,定政府"本职"、还公安"本位",规范公安执法或能控制毒品犯罪的生成规模、类型及刑罚。     

Decentralization as a strategy of regime maintenance: The case of Yemen

Proponents of decentralization often argue that decentralization makes governments more accountable and responsive to the governed. This is perhaps why the decentralization literature tends to overlook Middle Eastern regimes as these are among the most authoritarian and most centralized regimes in the world. However, many of these regimes have included decentralization in their legal framework. This article shows how a weak regime can use decentralization as a regime maintenance strategy when formal decentralization reforms strengthens external and internal legitimacy. The articles main argument builds on the literature on decentralization and elite capture to show how weak regimes can use formal decentralization reform to undermine local autonomy. The article uses the case of Yemen to make this argument. Yemen has a long tradition for local bottom-up initiatives and there is widespread internal support for decentralization. Simultaneously, donors have seen decentralization as a way of strengthening the Yemeni state, leading to international support to the formulation of the Local Authority Law of 2000, Law 4/2000, an extensive legal decentralization framework.     

To survive is all: How the authoritarian core tackles neighboring dictatorships

This article attempts to answer why autocrats of illiberal regional powers intervene in the politics of neighboring dictatorships and argues that the dictator always prioritizes his survival and thus intervenes if he perceives his survival to be under direct threat. The formal model proposes three factors that determine the level of perceived threat: demographic composition, structural similarity, and regime dynamic of autocratic countries. The authoritarian core must pay close attention to those neighboring autocratic countries that are suffering from regime change, are close to its own densely populated region, and have regime types or social structure similar to itself. Additionally, if hostile ethnic or religious groups are highly concentrated in some areas of the authoritarian core where it borders autocracies experiencing regime instability, the authoritarian core will be motivated to intervene in the domestic affairs of those neighboring countries. Using QCA and case studies, this article confirmed that whether an authoritarian core will take action against countries in geographical proximity depends on a combination of these three factors.     

Land,development and contract farming on the Guatemalan oil palm frontier

Integration of smallholder agriculture into oil palm production schemes has been advocated as a strategy for rural poverty reduction in the global South, including Guatemala, where the crop had been promoted through a contentious government programme. This study, set in Guatemala’s northern lowlands, challenges the official narrative that smallholder oil palm cultivation catalyses rural development and deters peasant land sales. Results indicate that oil palm expansion is accelerating land sales and provides minimal benefits, namely non-inclusive and precarious jobs. The host community is becoming increasingly susceptible to global market volatility, as oil palm puts pressure on subsistence farming and eliminates other livelihood options.     

对价视角下的技术保密制度——福利分析、国际趋势与中国应对

从对价角度对利用专利制度和技术保密制度来保护技术成果进行了比较,在此基础上,指出技术保密制度与专利制度具有相同的内在结构。构建了权利人在两种对价形式之间进行选择的理论分析框架,并对两种对价方式的社会福利影响进行了比较分析。在此基础上,分析国际社会加强技术秘密保护的趋势及背后的深层次原因,提出和论证中国的应对措施。     

East Asian food regimes: agrarian warriors,edamame beans and spatial topologies of food regimes in East Asia

Recent years have witnessed a burgeoning body of work thinking differently about food regimes. Drawing on the concepts of a corporate food regime and a corporate-environmental food regime, this paper highlights the constituent parts of East Asian food regimes, addressing the food regime transition that has taken place in the region. The first part of the paper addresses the role played by agrarian-scientific institutions in this transition; specifically, it investigates the spatial topologies, political economy, histories and socio-cultural contexts of agrarian knowledge production and practices that have conditioned East Asia’s transition to a corporate-environmental food regime. The second part offers an analysis of a specific food commodity – edamame beans – to illustrate how East Asian food regimes have changed as they have been incorporated into a corporate-environmental food regime. In investigating the evolution of edamame production and trade, I analyze how edamame production and trade has been reorganized under this new regime. My study argues that broadening the conversation about the food regimes approach requires a regional-geographic perspective in order to understand the spatial topologies, uneven development and socio-cultural-ecological differentiation characteristic of food regimes.     

The Secret Agent,International Policing,and Anarchist Terrorism: 1900–1914

An unprecedented expansion of global anti-terrorist policing took place after 1900, although the security forces projected outside their borders by Russia, Italy, Germany, Austria-Hungary, Spain, and Argentina displayed an enormous diversity in size and effectiveness. Crucial to successful policing was how these countries improved their intelligence through recruiting and handling informers, maintained secrecy and good relations with local police, and handled the media. The British approach to anarchist control was arguably the most successful. Italian international policing was the most far-reaching, while the United States long remained the world's most under-policed large country. On examination, the view that anti-anarchist policing was a case of conservative imperial regimes versus the Western democracies loses validity. During this period, a general trend saw the transfer of anarchist surveillance from the hands of diplomats into those of interior ministry officials and the police, all in the name of greater centralization, professionalization, and efficiency.