专利法不正当行为原则的功效及正当性研究

作为一种司法创制原则，美国专利法不正当行为原则在规制不正当专利申请、提升专利申请授权质量方面发挥着积极作用。但对该制度进行本土化的前提是需要充分论证该制度下的信息披露义务以及专利不可执行性的正当性。专利契约论下的对价和正义原则能够对这两方面给予充分证实：专利契约论下的实质对价要求专利申请人的信息披露义务应延伸至专利申请人所知悉的与专利申请的可专利性相关的所有信息；在正义原则之下，专利权人对其通过不正当行为而获取的专利权的主张行为使其不正当行为延伸至司法程序，法院拒绝向其提供司法救济是正义原则的应有之义。     

Is failure to raise concerns about misconduct a breach of integrity? Researchers’ reflections on reporting misconduct

This article describes and discusses the views of researchers on the significance of raising concerns about scientific misconduct in their work environment and the reasons or circumstances that might deter them from doing so. In this exploratory qualitative research study, we conducted in-depth interviews with 33 researchers working in life sciences and medicine. They represent three seniority levels and five universities across Switzerland. A large majority of respondents in this research study argued that failure to raise concerns about scientific misconduct compromises research integrity. This is an encouraging result demonstrating that researchers try to adhere to high ethical standards. However, further interaction with respondents highlighted that this correct ethical assessment does not lead researchers to take the consequent action of raising concerns. The factors that discourage researchers from raising concerns need to be addressed at the level of research groups, institutions, and by setting a positive precedent which helps them to believe in the system’s ability to investigate concerns raised in a timely and professional manner. Training of researchers in research integrity related issues will have limited utility unless it is coupled with the creation of research culture where raising concerns is a standard practice of scientific and research activities.     

Ethical Numbers: Ethics Training in U.S. Graduate Statistics Programs, 2013–2014

As important members of research teams, statisticians bear an ethical responsibility to analyze, interpret, and report data honestly and objectively. One way of reinforcing ethical responsibilities is through required courses covering a variety of ethics-related topics at the graduate level. We assessed ethics requirements for graduate-level statistics training programs in the United States for the 2013–2014 academic year using the websites of 88 universities, examining 103 biostatistics programs, and 136 statistics degree programs. We categorized programs’ ethics training requirements as required or not required. Thirty-one (35.1%) universities required an ethics course for at least some degree students. Sixty-two (25.5%) degree programs required an ethics course for at least some students. The majority (77.4%) of required courses were worth 0 or 1 credit. Of the 177 programs without an ethics requirement, 19 (10.7%) listed an ethics elective. Although a single ethics course is insufficient for instilling an ethical approach to science, degree programs that model expectations through coursework point to the value of ethics in science. More training programs should prepare statisticians to consider the ethical dimensions of their work through required coursework. Supplementary materials for this article are available online.     

五十年来情绪人类学发展综述——心理人类学发展的趋势

人类学百年发展历程中,始终伴随着对心理学学科理论和实践资源的汲取,随着心理学逐渐对以往科学主义、本质主义的扬弃,将现象学、认知论纳入到学科反思、人类学研究也开辟了注重个体内在化情绪的人类学研究,形成了如今颇受瞩目的情绪人类学领域。阐释学大师格尔兹对于情绪关注的研究,启发后辈学者,心理人类学正越来越多地将情绪作为研究的对象,以揭示他者文化蕴藏的深意。     

Justice Sensitivity in Childhood and Adolescence

Individuals differ in their sensitivity toward injustice. Justice‐sensitive persons perceive injustice more frequently and show stronger responses to it. Justice sensitivity has been studied predominantly in adults; little is known about its development in childhood and adolescence and its connection to prosocial behavior and emotional and behavioral problems. This study evaluates a version of the justice sensitivity inventory for children and adolescents (JSI‐CA5) in 1472 9‐ to 17‐year olds. Items and scales showed good psychometric properties and correlations with prosocial behavior and conduct problems similar to findings in adults, supporting the reliability and validity of the scale. We found individual differences in justice sensitivity as a function of age and gender. Furthermore, justice sensitivity predicted emotional and behavioral problems in children and adolescents over a 1‐ to 2‐year period. Justice sensitivity perspectives can therefore be considered as risk and/or protective factors for mental health in childhood and adolescence.     

Making Professional Decisions in Research: Measurement and Key Predictors

The professional decision-making in research (PDR) measure was administered to 400 National Institutes of Health (NIH)-funded and industry-funded investigators, along with measures of cynicism, moral disengagement, compliance disengagement, impulsivity, work stressors, knowledge of responsible conduct of research (RCR), and socially desirable response tendencies. Negative associations were found for the PDR and measures of cynicism, moral disengagement, and compliance disengagement, while positive associations were found for the PDR and RCR knowledge and positive urgency, an impulsivity subscale. PDR scores were not related to socially desirable responding, or to measures of work stressors and the remaining impulsivity subscales. In a multivariate logistic regression analysis, lower moral disengagement scores, higher RCR knowledge, and identifying the United States as one’s nation of origin emerged as key predictors of stronger performance on the PDR. The implications of these findings for understanding the measurement of decision-making in research and future directions for research and RCR education are discussed.     

网络化视阈中的马克思主义大众化

网络技术发展正深刻地改变着马克思主义大众化传播的社会生态环境。立足于当代中国的历史语境，全面审视马克思主义大众化的网络化境遇，探寻马克思主义大众化的网络传播特点和规律，是推动马克思主义大众化的迫切需要。马克思主义理论在网络传播方面存在着三大基本问题：主流网站宣传引领力有待提升，特色理论网络化宣传品牌明显偏少；理论宣传的覆盖范围较低，还存在着诸多盲点和“空白地带”； 网络理论宣传的同质化现象严重，理论宣传的网络资源共享程度较低，创新明显不足。从增强理论大众化的吸引力、提升理论大众化的传播力、强化理论大众化的辐射力、奠定理论大众化的支撑力等方面构建适应网络技术发展要求的马克思主义大众化长效机制和实现路径，是推进马克思主义大众化的理性选择。     

李杭育寻根小说的文化认同

李杭育是新时期寻根小说的代表作家之一,其"葛川江系列小说"对民族文化中的下述正面因子进行了呈现并给予了赞许、认同的价值立场:搏击凶险、抗争自然、捍卫生命并由此喷薄强力、意志力的生存品格,执拗、倔强、坚韧的生命特质,血气、野性、自由自在、率真的生命形式,重情义、守孝道、讲仁爱、善良的伦理操守。     

Children's Physiological Regulation and Sibling Conflict as Correlates of Children's Conscience Development

Children's conscience, including the ability to experience guilt and engage in rule‐compatible behavior, develops across early childhood. The current study investigated whether within‐family variation in children's baseline respiratory sinus arrhythmia (RSA) and sibling conflict behavior were associated with individual differences in children's guilt and internalized conduct. Between‐family differences across sibling dyad gender compositions were also examined. A within‐family design that included 70 families with two siblings between the ages of 2 and 5 was utilized. Children's baseline RSA was measured while sitting quietly with their family. Mothers and fathers completed questionnaires that assessed siblings’ conflict behavior, guilt, and internalized conduct. Older siblings had higher levels of guilt and internalized conduct than younger siblings. Results from actor‐partner interdependence models indicated that there were no direct effects of children's baseline RSA. The interaction effects approached significance (p's ≤ .08) suggesting that older siblings’ conflict moderated the association between older siblings’ baseline RSA and both older and younger siblings’ guilt. In contrast, older siblings’ conflict was positively associated with older and younger siblings’ internalized conduct. Guilt and internalized conduct also differed for older and younger siblings in different dyad gender compositions. The results underscore the need for greater clarity regarding the function that siblings serve in promoting children's moral development during early childhood.     

Love is Not All You Need: A Revolutionary Approach to Parental Abuse

This case story is a composite of similar family situations where the parents were at risk of harm from their teenage children and commonly the father/step‐father has moved out of home leaving the mother to parent the children on her own. Several of these cases involved physical threats to the lives of the parents. These referrals occurred in a Child, Adolescent and Family Mental Health Service and a Family Therapy NGO between 1985 and 2005. This approach is offered as a complement to the widely published ‘non‐violent resistance’ approach of Haim Omer and his colleagues. We hope it goes some way to address what Lavi‐Lavavi et al ( 2013 , Journal of Systemic Therapies, 32(4), 79–93). describe as ‘the mother's plight’:

The plight of the mother continues to present a major challenge… We are also seeking ways to allow the mother more breathing space, help her to disengage from abrasive conflicts, acknowledge her contribution and sacrifice, and provide her with vantage points that may help her recognize and enhance small improvements. Hopefully, these measures will enable women to evolve from unacknowledged victims to pillars of the family’ (p. 92).