合作作品含义探析

我国著作权立法对合作作品的定义没有做出正面、明确的规定,导致学说和实践对合作作品的认定存在很大的分歧。应该坚持制度创新,将合作作品认定为“由数位作者付出独创性劳动、并且各自的创作意图和合理期望均指向该部以最终形式表现出来的、同一部完整的共同作品。”     

刑法中期待可能性的基本问题

期待可能性是刑法中规范责任论的核心内容,在大陆法系刑法理论中,获得了普遍认同,我国刑法也有必要移植该理论。在判断标准上,应采取类型人标准,而超法规的期待可能性,应当作为刑事责任的阻却事由。     

Alcohol Consumption and Females’ Recognition in Response to Date Rape Risk: The Role of Sex-Related Alcohol Expectancies

This study examined the pharmacological and psychological effects of alcohol on women’s recognition of and response to dating sexual aggression. Female participants completed measures of prior sexual victimization experiences, sex related alcohol expectancies, general alcohol expectancies, and drinking habits. Using a 2 (alcohol) × 2 (expectancy) balanced placebo research design, women were exposed to an audiotape date rape vignette and asked to press a button when the man’s sexual advances had gone to far. Upon pressing the button, the tape was stopped and participants were instructed to imagine themselves in the same situation and generate a response describing what they would say and/or do at that point. Results indicated that although alcohol and expectancy were not related to risk perception, individuals who consumed alcohol displayed significantly less resistant role play refusals. A significant interaction between expectancy set and pre-existing sex-related alcohol expectancies was observed indicating participants believing alcohol affects sexual behavior generated less resistant refusal responses when they expected to receive alcohol. Moreover, for those who expected to receive alcohol, stronger pre-existing sex-related alcohol expectancies predicted less resistant refusal responses over above the effects of blood alcohol level and general alcohol expectancies. The implications of these findings are discussed.     

Testing the antecedents to e-democracy towards citizens’ happiness: a structural equation modelling approach to ‘MyGov’ initiative,India

ABSTRACT

“MyGov” is an ambitious ICT-based platform of the government of India, where citizens contribute to policy making by engaged in various ways. As the initiative is about to complete 5 years, the research is focused on to test the antecedents to e-democracy and citizens’ happiness by a structural equation modeling on responses from 413 users of “MyGov” platform. The empirical outcomes established the predictive role of transparency and value expectancy on e-democracy in addition to the impact of trust and e-democracy on citizens’ happiness. The study also supported the positive association between transparency and trust.     

期待权社会价值分析

期待权作为与既得权相对应的一项民事权利在理论上已取得共识,但因立法缺欠而失去了真正的法律保护。事实上期待权是一项具有权利价值、经济价值和诚信价值的独立民事权利,也应通过民事立法加以规范的权利。     

我国人口预期寿命的影响因素分析

本文选择人口平均预期寿命、婴儿死亡率作为因变量,在宏观层面上分析影响人口健康水平的因素,并对各因素的作用大小与机制进行讨论。总地来看,经济、教育、医疗、公共卫生等因素对人口健康水平起着大小不同的作用,并且表现出较强的城乡差别。在城镇地区,除了经济发展水平之外,是医疗卫生服务资源的利用水平能够更加直接和显著地影响人口健康水平,而不是供给水平。在乡村地区,提升健康水平的有效选择是：积极有效地改善乡村地区公共卫生设施,提高乡村人口安全饮水的比例;大力促进乡村地区人口的教育水平;提高人们对医疗卫生服务资源的利用水平。     

混合共同担保人相互间无追偿权论

同一个债权被数个担保措施保障,应当区分情况而定担保人相互间是否享有追偿权:在共同保证、共同抵押的场合可存在追偿权,在混合共同担保关系中,物上担保人之间、物上担保人与保证人相互间不应享有追偿权,除非当事人之间另有约定或法律另有规定。反对此说者,在解释论层面不合中国现行法及法理,在立法论层面不宜被采纳,因其未能证成担保人相互间存在着各项义务间具有内在联系的共同关系,利益衡量时未能全面而平等地照顾到担保人的全体,不当地限制了意思自治原则作用的发挥,未把债的相对性和自己责任等原则及规则纳入权衡因素,将目光局限于单一的交易关系,忽视了系列交易、一组交易中各个子交易之间环环相扣、处处衔接的特殊安排。其所谓公平理念及标准以及当事人预期,明显带有解释者的主观偏好,似不中立。至于将降低交易成本作为混合共同担保人相互间享有追偿权的根据,更是偏离了路径。     

College Women and Sexual Assault: The Role of Sex-related Alcohol Expectancies

This study examined the relationship between alcohol, sex-related alcohol expectancies, and sexual assaults among women college students. Participants completed measures of sexual behaviors, sexual victimization experiences, sex related alcohol expectancies, and drinking habits. Based on participants’ responses women were categorized as having experienced no assault, unwanted sexual contact, sexual coercion, attempted rape, and rape. It was observed across groups that relative to controls, women reporting attempted rape and rape consumed higher levels of alcohol. Within group comparisons revealed that relative to controls, victimized women endorsed higher levels of sex-related alcohol expectancies. In the prediction of severity of sexual victimization, regression analyses revealed an interaction between alcohol consumption and expectancy of vulnerability to sexual coercion. At higher levels of alcohol consumption women endorsing high vulnerability to sexual coercion experienced more severe victimatization. Implications of the findings are discussed. This work was conducted in partial fulfillment of the requirements for the Doctor of Philosophy degree by the first author under the direction of the third author.     

You shouldn't feel that way! Extending the emotional victim effect through the mediating role of expectancy violation

Recent research has shown that the ‘emotional victim effect’ (an emotional victim is more readily believed than a nonemotional victim) is mediated by expectancy violation: people base their judgments about a victim's credibility on their expectations of the victim's suffering. Victims whose behavior is inconsistent with these expectations suffer a loss of credibility. In this article, we further examine the role of expectancy violation and explore possible negative effects of a victim's highly emotional post-crime reaction. Using several mediations, we demonstrate three important contributions to the existing literature. First, we demonstrate that, in the same way as expectancy violation mediates the effect from nonverbal emotional expression on perceived credibility, this mediating effect would also hold for the verbal expression of emotions. Second, we demonstrate that expectancy violation mediates the effect from a victim's verbal emotional expression on the observer's attitude toward the victim. More specifically, we demonstrate that a highly emotional written Victim Impact Statement (VIS) could lead to secondary victimization, dependent on the observer's expectations regarding the effects of the crime. Third, this article is the first to demonstrate that expectancy violation leads to a negative effect on people's acceptance of the VIS in the criminal justice procedure.