商标恶意抢注中特定关系“非特定化”之反思--《商标法》第15条的解释论

商标抢注是我国商标法司法实践中一个重要问题。我国《商标法》第15条专门规制发生在特定关系人之间的商标恶意抢注行为、划分特定关系的类型,但未对其含义做明确界定,导致司法实践中对特定关系的判定出现分歧,特定关系的范围因此不断扩大,呈现出“非特定化”趋势。特定关系的无序扩张,在法理上缺少必要性和正当性,既有碍适用《商标法》其他条款,又不符合效率原则、社会成本理论及诚实信用原则的应有之意。为防止特定关系无序扩张,应将契约关系作为解释特定关系内容的核心,法官适用该条款时不宜随意扩大特定关系的内容,应严格按照商标法及相关司法解释的规定进行判断。     

试论我国行政登记制度及其立法完善

我国行政登记制度存在严重缺陷 ,突出表现在行政登记机关的登记审查批准权很大 ,几乎不受什么制约 ,但却不承担相应的义务和责任 ;行政登记没有明确的公信力。在我国加入WTO后 ,应和海外立法接轨 ,明确特定行政登记的公信力和国家责任 ,健全和完善我国的行政登记制度。     

房屋双重买卖的法律思考

房屋双重买卖中,房屋所有权的取得独立于双方签订的债权合同,其发生以物权的公示为要件,办理产权登记的买受人才取得房屋所有权。但两个订立买卖合同的债权行为的效力并不受成立先后的影响,买受人都享有对出卖人的请求权。所有权未实现的买受人均可主张违约损害赔偿请求权,特定情形下的买受人可主张侵害债权的损害赔偿请求权和债权人撤销权。我国应当借鉴大陆法国家的经验,建立不动产预告登记制度,以从根本上控制房屋双重买卖的发生。     

An Alternative Approach to Estimating Who is Most Likely to Respond to Changes in Registration Laws

Scholars often seek to understand which individuals are most responsive to the change in some treatment. Such work inevitably faces issues of identification. When the dependent variable is binary, the assumption that the largest effect occurs where p = 0.5 is also encountered. I apply Manski’s [(1995). Identification problems in the social sciences. Cambridge: Harvard University Press] non-parametric Bounds approach, which relaxes the functional form and distributional assumptions found in traditional models, in an attempt to resolve the long standing debate on which types of individuals are most affected by changes in registration laws. Under the standard assumption that treats the selection of registration laws as exogenous, the results revise the current understanding. By exploring the power of various behavioral assumptions, new insights into the study of policy changes emerge, calling into question some of the assumptions that are standard in the literature.

‘That splendid body of women’: nursing,professional registration,and suffragette militancy

ABSTRACT

In the decades before World War One, a group of women fought for their right to control their own futures, claiming that their governance was in the hands of men whose interests lay in keeping women subservient. Initially articulated by an educated, middle-class few, the women's demands were embraced by widening numbers of both women and men. They saw their hopes dashed on several occasions by political manoeuvring, and only after WWI did their demands begin to be met. This is not an account of the women’s suffrage movement, but rather of the fight for the registration of trained nurses. Both movements claimed the right of women to be actors in their public lives and both faced public condemnation for transgressing social boundaries. The two movements interacted, with nurses connecting their struggle to the wider call for women's rights, and with the suffrage movement foregrounding nurses as disenfranchised women professionals.     

A Comparison of Dental Chartings Performed at the Joint POW/MIA Accounting Command Central Identification Laboratory and the Kokura Central Identification Unit on Remains Identified from the Korean War

During the Korean War, the Office of the Quartermaster General's Graves Registration Service (GRS) was responsible for the recovery, processing, identification, and repatriation of US remains. In January 1951, the GRS established a Central Identification Unit (CIU) at Kokura, Japan. At the Kokura CIU, postmortem dental examinations were performed by the dental technicians. Thirty‐nine postmortem dental examinations performed at the CIU were compared to the findings documented in the Forensic Odontology Reports written at the JPAC Central Identification Laboratory (CIL). Differences were noted in 20 comparisons (51%). The majority of the discrepancies was considered negligible and would not alter the JPAC decision to disinter a set of unknown remains. Charting discrepancies that were considered significant included the occasional failure of the Kokura technicians to identify teeth with inter‐proximal or esthetic restorations and the misidentification of a mechanically prepared tooth (i.e., tooth prepared for a restoration) as a carious surface.     

论预告登记制度

预告登记制度在现代经济生活中发挥越来越重要的作用,并在2007年3月16日通过的《物权法》中予以确立。在分析预告登记的概念、特征、性质认定等方面的基础上,提出我国《物权法》规定的预告登记制度存在很多不足,立予以完善。     

Target congruence theory and Latino youth victimization

While a number of studies have found that immigrant youth are less likely to engage in delinquency, they are more likely to report victimization. Scholars have traditionally attributed this finding to American cultural norms that may generate marginalization and culture conflict that, in return, increases the likelihood of victimization. However, few studies have applied victimization theories to this study population. Therefore, the purpose of this study is to apply Target Congruence Theory to test its capability to explain victimization among Latino youth. Data collected from the Dating Violence Among Latino Adolescents (DAVILA) Study shows that a target’s vulnerability, gratifiability, and antagonism modestly predicted their victimization. Results, as well as the study’s limitations and suggestions for future research, are discussed.     

建造中船舶抵押面临的法律问题及对策

总结建造中船舶抵押在目前仍较为少见的原因,指出在造船业整体不景气的现阶段,建造中船舶抵押融资将会变得越来越常见。结合实践,分析建造中船舶抵押所面临的主要法律问题,并在此基础上提出相关措施及建议。