侵犯著作权行为的刑事法分析

侵犯著作权的行为在我国近年有愈演愈烈的趋势,并且产生了一些新的侵权行为。相形之下,现行刑法中的相关规定在打击侵犯著作权行为的实践中渐显滞后。综观我国侵犯著作权立法的历史沿革和现行刑法中有关侵犯著作权罪的犯罪构成,结合司法实践,要从扩展刑法对著作权的保护范围,取消犯罪主观案件中的非法营利目的,侧重于对被害人的实质补偿,修改罚金刑、增强其可操作性,确立对侵犯著作权犯罪以自诉为主、公诉为辅的犯罪追诉模式和充分保护著作权人的权益以及社会公共利益等方面,进一步完善我国侵犯著作权罪的相关规定。     

明清两代的公罪与私罪制度

中国古代将官吏犯罪区分为公罪和私罪,其目的是为了维护吏治的清明。明清两代的律、例、令、会典等条文中就有对公罪和私罪的相应规定。本文从明清两代的公罪与私罪的基本概念、具体规定、实际运行和影响因素四个方面对这一制度进行深入分析,以期对之有更加全面的认识。     

串通投标罪客观要件探析

针对司法实践中理解、适用串通投标罪存在的歧义,探析该罪的客观要件内容,认为该罪的成立应以存在法律意义上的招投标活动为前提,并对该罪的具体行为方式、罪与非罪的标准以及实践认定中的有关问题进行探讨。     

大学生网络犯罪及对策探析

网络犯罪在大学生中出现,为所有高校思想政治教育工作者敲响了警钟。深入了解大学生网络犯罪的现状,剖析其发生和发展的动因,从而在预防大学生网络犯罪上做文章,是我们每一位高校思想政治教育工作者的责任。     

Risking safety and rights: online sex work,crimes and ‘blended safety repertoires’

It has been well established that those working in the sex industry are at various risks of violence and crime depending on where they sell sex and the environments in which they work. What sociological research has failed to address is how crime and safety have been affected by the dynamic changing nature of sex work given the dominance of the internet and digital technologies, including the development of new markets such as webcamming. This paper reports the most comprehensive findings on the internet‐based sex market in the UK demonstrating types of crimes experienced by internet‐based sex workers and the strategies of risk management that sex workers adopt, building on our article in the British Journal of Sociology in 2007. We present the concept of ‘blended safety repertoires’ to explain how sex workers, particularly independent escorts, are using a range of traditional techniques alongside digitally enabled strategies to keep themselves safe. We contribute a deeper understanding of why sex workers who work indoors rarely report crimes to the police, reflecting the dilemmas experienced. Our findings highlight how legal and policy changes which seek to ban online adult services advertising and sex work related content within online spaces would have direct impact on the safety strategies online sex workers employ and would further undermine their safety. These findings occur in a context where aspects of sex work are quasi‐criminalized through the brothel keeping legislation. We conclude that the legal and policy failure to recognize sex work as a form of employment, contributes to the stigmatization of sex work and prevents individuals working together. Current UK policy disallows a framework for employment laws and health and safety standards to regulate sex work, leaving sex workers in the shadow economy, their safety at risk in a quasi‐legal system. In light of the strong evidence that the internet makes sex work safer, we argue that decriminalisation as a rights based model of regulation is most appropriate.     

Televisual pregnancy beauty

Theorizing the contours of televisual pregnancy beauty, this essay demonstrates how televisual stylistics construct and communicate a political ideology of pregnancy. When the crime dramas Bones and In Plain Sight incorporated their star actors’ pregnancies, they produced different televisually styled portrayals of pregnancy; these medium-specific portrayals play an important role in how pregnancy itself is culturally conceptualized. Although pregnancy beauty, the commodification and sexual objectification of the pregnant and postpartum body, has been analyzed in ways that link it to post-industrial, neoliberal, capitalist, and patriarchal forces, this analysis demonstrates how televisual style sets the scene for this broader discourse. Specifically, I contend that the costuming, blocking and staging, cinematography, and editing determine how the pregnant body appears, and this then communicates a clear ideology to viewing audiences. Through these two case studies, I analyze contrasting televisual styles and argue that while Bones’ style disciplines the pregnant body and In Plain Sight’s style welcomes the pregnant body, both styles enact a televisual pregnancy beauty that commodifies pregnancy.     

Rape culture,misogyny, and urban anxiety in NH10 and Pink

One of the most pervasive aspects of Delhi’s post-liberalization psychopathology has been everyday violence against women. The city’s rape culture was given an exceptionally sharp global focus after the horrific gang rape of Jyoti Singh on December 16, 2012. Recent Hindi cinema has begun to engage with some aspects of the capital’s misogynist urban ethos. In this paper, I look at how the Delhi subgenre of the “multiplex film” has engaged with rape culture, misogyny, and urban anxiety through a close textual and discursive analysis of two recent films—NH10 (Navdeep Singh, 2015) and Pink (Aniruddha Roy Chowdhury, 2016). Specifically, I identify how the December 16 “trigger event” and Delhi’s notorious misogyny are finding newer modes of representation through the interplay of genre and exhibition space. In what ways do these films position and imagine the “multiplex viewer”? New engagements with the figure of the consuming middle-class woman and the public discourses that surround her sexual safety and navigation of space have taken a central position in understanding the present urban psychosis of the capital. I suggest that these films and the forms of spectatorial identification that they privilege are intricately linked to the gendered spatial politics of the multiplex.     

The business of writing: literature as a commodity in Claudia Piñeiro’s Betibú

This article presents considerations about the status of literature as a commodity and writers as professionals in the twenty-first century. These considerations are based on an analysis of Argentine writer Claudia Piñeiro’s Betibú (2011), which follows the story of an Argentine crime novel writer who becomes a ghostwriter after her latest novel receives harsh reviews for being considered commercial rather than literary. I argue that the novel in question points out misconceptions about the influence of the book industry on the aesthetic quality of literary writing, highlighting the need for literary criticism to look into everyday relations between readers, authors, and editors.     

‘Refugees welcome?’ The interplay between perceived threats and general concerns on the acceptance of refugees – a factorial survey approach in Germany

The on-going migration of refugees to Europe has fuelled debates about the indigence of refugees and the perceived legitimacy of individual claims for asylum in different receptive countries. With a substantial body of research that has investigated the antecedents of attitudes towards immigrants, evidence on whether those underlying assumptions hold true for refugees as well remains scarce. The paper applies the framework of Intergroup Threat Theory to arrive at competing hypotheses with regard to the acceptance levels of refugees. We use pooled data from two probabilistic samples drawn in the German city of Dresden and apply a confounded factorial survey design to extend previous research on attitudes towards refugees. We find that natives perceive political persecution and war as justified reasons for seeking asylum in Germany, while socio-demographic characteristics of respondents and refugees are of minor importance. Foremost, the individual level of respondent’s fear of crime represents a crucial moderator of the perception of refugees as threatening.     

当前经济犯罪的特点与防治对策——以绵阳市为例

当前经济犯罪的特点表现为犯罪领域扩大,涉案金额上升,犯罪类型增加,涉案人员岗位层面多元,但立案数量则呈下降的趋势。同时随着对外经济交往增加,跨国犯罪出现,涉农经济犯罪案件突出,作案手段复杂隐蔽。笔者通过对四川省绵阳市经济犯罪类型及成因等问题进行分析比较,提出了相应的防范对策,具一定的现实意义。