论专利权行政保护的正当性

作为贯穿于专利权保护的一项特色制度,专利权行政保护在中国专利权保护发展史上发挥了重要的作用。但随着专利权保护的发展,学界对于专利权行政保护的存废提出了不同看法。时逢专利法的第四次修改,有必要对专利权行政保护的正当性进行更深层的讨论。梳理近期相关学者关于专利权行政保护的重要论文,从私权属性、成本、效率三个角度进行分析,认为专利权行政保护的正当性是值得肯定的。     

Sizing Up a Superstorm: Exploring the Role of Recalled Experience and Attribution of Responsibility in Judgments of Future Hurricane Risk

Research suggests that hurricane‐related risk perception is a critical predictor of behavioral response, such as evacuation. Less is known, however, about the precursors of these subjective risk judgments, especially when time has elapsed from a focal event. Drawing broadly from the risk communication, social psychology, and natural hazards literature, and specifically from concepts adapted from the risk information seeking and processing model and the protective action decision model, we examine how individuals’ distant recollections, including attribution of responsibility for the effects of a storm, attitude toward relevant information, and past hurricane experience, relate to risk judgment for a future, similar event. The present study reports on a survey involving U.S. residents in Connecticut, New Jersey, and New York (n = 619) impacted by Hurricane Sandy. While some results confirm past findings, such as that hurricane experience increases risk judgment, others suggest additional complexity, such as how various types of experience (e.g., having evacuated vs. having experienced losses) may heighten or attenuate individual‐level judgments of responsibility. We suggest avenues for future research, as well as implications for federal agencies involved in severe weather/natural hazard forecasting and communication with public audiences.     

Healthy Active Living: A Residence Community–Based Intervention to Increase Physical Activity and Healthy Eating During the Transition to First-Year University

Abstract

Objective: To examine the effects of a Healthy Active Living (HAL) community intervention on moderate-to-vigorous physical activity (MVPA), fruit and vegetable consumption (FVC), and psychosocial mediators of physical activity among students transitioning into university. Methods: Sixty undergraduate students were assigned to reside in either the HAL community or no-treatment control residence and completed questionnaire measures at the beginning and end of the academic year. Results: Students living in the HAL community reported significantly more MVPA (F[1, 58] = 19.93, p <.001, η_p² =.26) and greater FVC (F[1, 56] = 3.12, p =.08, η_p² =.05) compared with controls. Participants in the HAL condition also scored significantly higher in action planning (F[1, 58] = 4.79, p <.05, η_p² =.08), partially mediating the effect of the intervention on MVPA. Conclusion: A peer-delivered healthy lifestyles intervention targeting first-year university students appears to be effective in preserving or enhancing health behaviors and cognitions during their transition into university life.     

“知”“行”分裂的爱情域——以英国玄学派诗人多恩为例

英国17世纪存在“知”“行”分裂的爱情域。以玄学派代表诗人约翰·多恩的爱情体验为例，分析崇尚至真至美爱情的他为何在爱情诗歌中认同社会上爱情交易的存在、提出爱情多元占有和质疑女性的不贞洁。通过分析多恩的非理性行为，剖析他“知”与“行”不统一的原因，从而认识其所处的伊丽莎白时代婚姻制度的劣根性。关键词：多恩；“知”“行”；分裂     

商事登记的几个基本理论问题

商事登记是指登记申请人按照法律规定向主管机关提出旨在确认商事主体的主体资格、营业资格及其他重大事项的申请，并由主管机关依法对申请事项审核登记的一系列法律行为。商事登记过程中行政机关的登记行为应为行政确认，而非行政许可。商事登记的价值取向为安全和效率，其中效率优先，兼顾安全，正确认识二者之间的关系对商事登记立法及实践意义重大。     

内幕交易、泄露内幕信息罪认定的若干问题——以“两高”司法解释和证监会规章的比较为视角

中国证监会《证券市场内幕交易行为认定指引》的相关内容不得直接作为内幕信息、知情人员的依据，以“两高”司法解释的为依据，知情人员的认定仍须由国务院证券、期货监督管理机构予以判断；行为人是属于内幕信息知情人员还是非法获取证券、期货交易内幕信息的人员，关键还是要看具体案件中其获得内幕信息的途径和渠道，是否属于因职务和业务而获悉。非法获取证券、期货交易内幕信息的人员应当包括与内幕信息之间并无职务或业务上的紧密关系但被相关法律法规禁止接触或获取证券、期货交易内幕信息的人员。内幕信息具有未公开性、重要性和真实性。构成不需要“利用”内幕信息，但必须证明该内幕交易与内幕信息相关。非内幕人员在获取内幕信息后又将内幕信息泄露给他人，情节严重者是否应当以泄露内幕信息罪论处。     

Measuring social capital accumulation in rural development

Using a theoretical framework, the study proposes an index that can measure the social capital of local action group (LAG) projects. The index is founded on four indicators: number of ties, bridging social capital, recognition, and diversity, which are aggregated into one social capital index. The index has been tested in LAG-Djursland, Denmark, and the study further investigates whether the organisational affiliation, project financing, and LAG co-financing can explain the degree of social capital accumulation. Furthermore, the author has tested if there are connections between motivation for pursuing development projects similar to those implemented previously and the degree of social capital. The paper concludes that there are indications that projects hosted by municipalities tend to show the most social capital, there is no connection between the amount of project financing and social capital, and a high level of motivation leads to increased social capital.     

Using Expert Models in Human Reliability Analysis—A Dependence Assessment Method Based on Fuzzy Logic

In human reliability analysis (HRA), dependence analysis refers to assessing the influence of the failure of the operators to perform one task on the failure probabilities of subsequent tasks. A commonly used approach is the technique for human error rate prediction (THERP). The assessment of the dependence level in THERP is a highly subjective judgment based on general rules for the influence of five main factors. A frequently used alternative method extends the THERP model with decision trees. Such trees should increase the repeatability of the assessments but they simplify the relationships among the factors and the dependence level. Moreover, the basis for these simplifications and the resulting tree is difficult to trace. The aim of this work is a method for dependence assessment in HRA that captures the rules used by experts to assess dependence levels and incorporates this knowledge into an algorithm and software tool to be used by HRA analysts. A fuzzy expert system (FES) underlies the method. The method and the associated expert elicitation process are demonstrated with a working model. The expert rules are elicited systematically and converted into a traceable, explicit, and computable model. Anchor situations are provided as guidance for the HRA analyst's judgment of the input factors. The expert model and the FES‐based dependence assessment method make the expert rules accessible to the analyst in a usable and repeatable way, with an explicit and traceable basis.