食品监管渎职罪司法认定的困境及优化路径

自《刑法修正案(八)》增设食品监管渎职罪以来,其适用率呈偏低的趋势,与我国食品安全犯罪频发的现状不相符合。究其原因,该罪在责任主体认定、因果关系判定,以及危害后果界定三个方面存在难以厘清的困境。而学界虽在不断探讨该罪名的适用标准,但大多局限于理论建构层面,而忽略了司法适用的有效性。故从实证分析视角,明晰该罪的司法认定标准,以期对我国的司法实践有所贡献。     

操纵市场行为的几个基本问题

操纵市场行为的定义、法律性质与分类等基本问题是充分监管、有力处罚和有效预防操纵市场行为的基础性问题。操纵市场行为应当定义为以欺诈致使他人从事证券交易为目的,制造虚假的证券交易或者其他虚假现象的行为。操纵市场行为的法律性质不是垄断、恶意投机,而是证券欺诈。操纵市场行为可分为交易型和非交易型两大类,合同型和行动型操纵市场行为不应成为独立的种类。     

试论民族文化认同的特殊功效--从斯大林民族定义的争论说开去

文化具有超时空的稳定性和很强的凝聚力,一个民族的文化模式一经形成,必然会持久地支配每个社会成员的思想和行为。文化又是一个民族区别于其他民族的基本特质和身份象征,在共同的文化背景中,人们获得了归属感和认同感。因此,在共同文化基础上形成的共同心理素质——民族文化认同,对于标识民族特性,塑造认同心理,规范社会行为,培育统一意识,凝聚民族精神,形成民族合力,进而对维护国家安全统一具有特殊的功效。     

Risk and Quantification: A Linguistic Study

In risk analysis and research, the concept of risk is often understood quantitatively. For example, risk is commonly defined as the probability of an unwanted event or as its probability multiplied by its consequences. This article addresses (1) to what extent and (2) how the noun risk is actually used quantitatively. Uses of the noun risk are analyzed in four linguistic corpora, both Swedish and English (mostly American English). In total, over 16,000 uses of the noun risk are studied in 14 random (n = 500) or complete samples (where n ranges from 173 to 5,144) of, for example, news and magazine articles, fiction, and websites of government agencies. In contrast to the widespread definition of risk as a quantity, a main finding is that the noun risk is mostly used nonquantitatively. Furthermore, when used quantitatively, the quantification is seldom numerical, instead relying on less precise expressions of quantification, such as high risk and increased risk. The relatively low frequency of quantification in a wide range of language material suggests a quantification bias in many areas of risk theory, that is, overestimation of the importance of quantification in defining the concept of risk. The findings are also discussed in relation to fuzzy‐trace theory. Findings of this study confirm, as suggested by fuzzy‐trace theory, that vague representations are prominent in quantification of risk. The application of the terminology of fuzzy‐trace theory for explaining the patterns of language use are discussed.     

同人二次创作作品独创性界定

同人二次创作是一种新兴的作品创作方式,其产物即为同人二次创作作品。由于对同人二次创作作品的原创性界定不明,这种新的作品类型始终游走在违法与侵权的边缘,既不利于产业的发展,也无法体现著作权法立法的本意。对同人二次创作作品的的独创性界定标准进行研究,试图从界定标准适用的意义、应当遵循的基本原则、界定标准的内容对同人二次创作作品的独创性标准进行界定,并加以规范。     

Using journal articles to measure the level of quantification in national sociologies

The methods used when samples of journal articles are treated as the basis for measuring levels of quantification in national sociologies are examined. The data come from every identified example in English. It is found that operational definitions of ‘quantitative’ vary, while ‘qualitative’ work is characterised simply by the absence of sophisticated quantification, which is sometimes taken to imply quantitative incompetence rather than methodological choice. The articles used as data on the state of a whole national sociology are usually drawn from elite general journals in which many sociologists have never published, and ignore the authors’ national backgrounds and publications elsewhere. It is concluded that there is a gap between concepts and operational definitions which it would be desirable to fill.     

Web服务组合模型的研究

针对Web服务组合问题,提出一种基于先进先出通信通道的Web服务组合模型,支持Web服务的层次性组合。给出了该模型的形式化定义及Web服务描述语言与该模型的对应关系。介绍了用于建模Web服务行为的Pi-演算语言的基本语法及操作语义。通过一个旅游路线预定服务研究了Web服务组合模型的实际应用。     

Who is a volunteer? A cultural and temporal exploration of volunteerism

This study’s purpose was to develop a temporal and cultural definition of volunteering in China. Using a comparative mixed-methods approach, N₁ = 218 Chinese students in Hong Kong were surveyed about their perceptions of volunteering. These quantitative data were compared cross-culturally with a sample of adults in the United States who used the same instrument called Who is a Volunteer? Subsequently, N₂ = 40 of these same students voluntarily participated in a series of focus groups, to further explore more in-depth their opinions about volunteering. The main quantitative results revealed that at the extreme ends of the volunteer scale, both the U.S. and Chinese samples could readily distinguish what volunteering was or was not. The more nuanced empirical differences on the scale (24% of the 21 items) were explained either by unique cultural differences, or the longer and more prominent history that volunteering has had in North America versus China. Main qualitative findings revealed additional between-group cultural differences exemplified by (1) a more family-centric and collectivist Chinese culture versus a more individualistic American culture, (2) a role blurring about volunteer activities versus paid work activities, and (3) that both organizational and cultural context must be seriously considered when defining volunteerism. This study adds to the growing definitional literature on this transformational concept and represents the largest comparative empirical investigation on this subject from East Asia.