刍议我国药品未注册用法的立法完善

药品未注册用法在很多东西方国家成为一个越来越突出的有争议的问题。一方学者反对药品未注册用法的使用,因为能注册的用法都是安全有效的,这样来保证病患的利益,如果放开药品未注册用法,那注册制的意义何在？另一方学者主张允许医生根据自己的经验和判断选择对病患最有利的治疗方案,特别是一些特殊患者。本文从对策法学的角度出发,重点对立法及立法的要素上的问题进行研究。     

An examination of the experience of cryptocurrency use in Russia. In search of better practice

This study concerns the use of crypto-currency with specific reference to the situation in Russia. A variety of such systems exist; Bitcoin, however, is perhaps the best-known example and will be used as synonymous with the concept throughout this article. Our findings not only show how the views of Russian government bodies are formed and developed, but also sheds light on the specific innovative methods which legal entities use for development of the economy. Consideration will be given to recent developments within Russia which has been more active than many countries in seeking to clarify the status of Bitcoin and providing for the regulation of the technology.     

衡平法、用益与信托:英国信托法的早期史概说

英美信托制源自用益制。在用益和信托的早期史上,大法官法院基于拯救受托人的良心的衡平管辖权赋予了用益和信托以法律上的保障,而衡平法从"良心到衡平"的变化通过塑造衡平权益使得信托得以制度化。     

农村土地产权改革中存在的问题及解决思路

土地产权制度是农村各项制度的核心和基础，是农业可持续发展得以顺利进行的前提。而土地产权的主体问题更是我国农业土地产权改革的前提和条件。从农地所有权的界定和完善等方面，结合党的十七届三中全会《中共中央关于推进农村改革发展若干重大问题的决定》来阐述这一问题，有助于我国农村土地产权制度的进一步改革和发展。     

Trade marks plus? the role of trade marks in the global economy and the danger of over-protection

This article examines the economic role of the trade mark, both as a structuring device and as a means of adding value to products. It shows how its role as a flexible structuring device that provides a distinct focus for goodwill derives from the special meaning of the term “origin” or “trade origin” in trade mark law, this being what a trade mark is supposed to indicate. Firms can control the identity that a trade mark signifies and confers on the products with which it is used without being tied to any particular set of production arrangements. This article also considers how goodwill can be a source of economic benefit both through reducing transaction costs and, in some cases, through adding value to products. This article then examines the economic rationale for the legal protection of trade marks and shows how this is analogous to the rationale for awarding property rights over tangible resources and different from that for other forms of intellectual property right. The pressure to expand the legal protection of stronger trade marks is explored and it is accepted that there is an economic case for doing so. However, it is argued that the additional protection must be carefully calibrated through definitions that take account of its economic rationale and avoid the danger of over-extending it. In particular, this danger of over-protection arises from making a false analogy between stronger trade marks and the kind of intangible output that is the subject of the other forms of intellectual property right.     

Nail analysis for the assessment of caffeine abuse in Northwest China: A population-based study

Caffeine is the most widely consumed psychoactive agent worldwide and has the potential for abuse, but studies monitoring caffeine abuse in China are scarce. This study aims to estimate the prevalence of caffeine abuse in northwest China and investigate the correlation between caffeine and other drugs in hair and nails using an ultra-performance liquid chromatography-tandem mass spectrometry (UPLC-MS/MS). Fingernail clippings were collected from 376 participants in northwest China to detect caffeine and 13 other illicit psychoactive drugs and their metabolites. Paired hair and nail samples were collected from 39 participants to investigate the correlation between caffeine and other drugs in hair and nails. The samples were decontaminated, pulverized, and extracted by a high-throughput nail sample preparation method and analyzed by UPLC-MS/MS. The results showed a risk of caffeine abuse in northwest China, with concentrations ranging from 0.43 to 10.6 ng/mg for healthy volunteers, 0.49–246 ng/mg for caffeine abusers, and 0.25–363 ng/mg for drug addicts in community rehabilitation centers. Caffeine was detected together with other illicit psychoactive drugs and their metabolites. Furthermore, positive detection correlations were found between hair and nail samples. This study provides a current perspective on caffeine abuse in northwest China and demonstrates the practical use of UPLC-MS/MS for the simultaneous detection of caffeine and 13 illicit psychoactive drugs and their metabolites in hair and nails. The results highlight the potential of nails as a supplementary matrix when hair samples are unavailable and emphasize the need for handling caffeine carefully given its potential for abuse.     

Multiculturalism in South African soap operas

Abstract

This article explores the multicultural dimensions within the texts of three South African soap operas (soaps). It uses text analysis and interviews as a methodology to expose the intricate web of influences that are all part of the fabric of a South African soap.

The text and discursive analysis are based on Systemic Functional Linguistics Theory of Halliday. The analysis of the texts proceeds from a pre-interpretation stage, through an analysis stage and into a revisit or re-interpretative stage. The creators of the texts as well as commercial bias are seen as politico-economic and cultural influences which may have direct bearing on the texts and are therefore interrogated. The findings confirm no multicultural model for South African soaps and show correlation between commercial interests and homogenised South African stereotypes.     

Is Political Marketing New Words or New Practice in UK Politics?

ABSTRACT

This review of the literature on political marketing and the party most associated with it in the UK, New Labour, suggests that the relationship is not straightforward. Politicians are, for example, hesitant to use marketing language in public. The relationship is problema-tised along the three dimensions of: partial or total import into some or all of politics; functional or instrumental use by leading politicians, and the roles of transformer of politics, or transfer agent for techniques. The results suggest two responses. The first is more fieldwork into political marketing outside of electoral campaigning and inside policy making. The second is a reconceptualising of the relationship away from the transformation or transfer dimension, and towards political marketing as a methodology for understanding a very different, and very separate activity, namely politics.     

曹操人本管理思想对现代企业的启示

曹操是三国时期著名的爱才惜才的领导人，他“唯才是举、因材授任、赏罚分明”的人力资本管控思想对后世影响深远。曹操人本管理思想对提升现代企业管理能力有诸多启示，它要求我们时下的企业管理者要树立“伯乐”意识，提升“将才”之能；要树立“包容”意识，克服“求全责备”的用人观；要树立“尊重”意识，建立“赏罚分明”的人才激励机制。     

海峡两岸沿海土地制度比较研究

土地是人类赖以生存的首要资源。沿海土地由于其特殊性,对于人类环境有着更为重要的影响。沿海土地制度内容广泛,不仅包括物权法意义上的所有、使用、收益和处分,也包括土地法中对土地宏观上的管理规制,还包括其他相关法律如环境法对土地权利的行使所作的限制。本文通过对海峡两岸沿海土地制度的比较研究,针对我国现状,提出了建立和完善我国沿海土地制度的立法建议:鉴于大陆土地权利的法律基础与台湾地区有所区别,故土地权利制度只能以土地使用权为基础,通过用益物权制度可使个人得以对国家所有的土地资源进行开发利用。同时建议保留并完善土地法,制订专门的海岸带法,以加强对沿海土地的保护力度。