数字网络环境下著作权默示许可制度研究

互联网技术的深入发展对现行著作权制度带来了冲击,数字网络环境下现行著作权制度面临着阻碍文化产业发展的问题,而著作权默示许可制度正是解决数字网络环境下著作权许可难题的最佳方式之一。利用《中华人民共和国著作权法》修改之机,引入默示许可制度,特别是在信息网络传播领域全方位引入该制度,对于推动作品的有效传播和利用具有重要意义。     

创新思维的逻辑学基础

创新思维作为一种智力品质,在其创新性地认识世界、发现世界、创造世界的过程中,必然有自觉的逻辑意识与逻辑思维发挥着基础性作用。这种作用体现在创新思维活动的整个过程中,促进了创新思维与逻辑思维在确定性与灵活性、线性与非线性、有限与无限、规范性与非规范性、严密与松散等上的互动,使得任何创新性的思维成果都既是新颖独特的,同时也是逻辑有效的。     

论排污权的法律性质

排污权交易属于动态之债权,其前提应该是排污权作为一种物权的确立。中国的排污权交易制度的构造,首先的着眼点就是在法律上确立排污权的用益物权地位。本文认为:科斯在对社会成本的论证之中,是将排污作为一种权利进行处理的,这一理论的应用已经使得排污权在中国成为一种现实的权利,将排污权从现有主法和实践中提炼出来,确立它的用益物权地位。这与物权法定的原则并不矛盾,也与民法对于物权的理解是一致的。     

行政许可法与法治政府建设

行政许可法的颁布实施,是我国社会主义民主法制建设的一件大事,对政府工作将产生重大而深远的影响。作者从理论上论述了行政许可法实施的重大意义,提出了以贯彻实施行政许可法为契机,加快政府职能转变的具体措施。     

Resilience and the creative economy in Kingston,Jamaica

ABSTRACT

Creative industries are understood as key to Jamaica’s resilience. Development initiatives encourage Jamaicans to recall historical resilience in the face of slavery and colonization in order to construct contemporary neoliberal-led development goals focused on creative practice. This paper asks what tensions, contradictions and erasures are made visible when grounding resilience in context specific sites? What are the implications of framing historical forms of resilience grounded in slavery and colonialism as commensurable with those traits that define the resilient subject of neoliberal development? And, what meanings of resilience are evident when local communities are confronted with a state apparatus that contributes to insecurity and attempts to discipline the celebratory and creative livelihoods made available through creative practice?     

The use of accounting anomalies indicators to predict business failure

Most of the studies that try to predict business failure assume that accounts give a true and fair view of the financial position of a company, without considering that managers can discretionarily apply accounting rules or even perform accounting fraud. This paper takes a set of financial ratios especially designed to detect accounting anomalies as bankruptcy predictors. These ratios are not very common in bankruptcy prediction studies, but they come from creative accounting studies. The ratios try to identify abnormal depreciation figures, exaggerated receivables or deteriorating financial conditions preceding aggressive accounting practices. The empirical study has been performed from a sample of 51,337 public and private European companies, during the period 2012–2016. The analysis techniques applied were logistic regression and decision trees, allowing to obtain rules to predict the status of failed or non-failed. It is found that several indicators proposed in the literature as earnings management indicators present statistically significant differences between failed and non-failed firms, but they do not have enough predictive power to incorporate them into prediction models. However, an index developed to measure accounting anomalies exhibits high discriminatory power, similar to that of the classical financial ratios. The construction of the index and its application to private firm sample provide the main contribution of the paper, as the results suggest slightly better forecast accuracy only for the private firm sample. The inclusion of indicators to detect accounting anomalies should be considered when developing new models to predict bankruptcy, especially in private companies.     

中日道歉言语行为对比——提出创新性分析框架解读说话人的语言表达

本论文提出与因果关系及时间的经过有关的创新性分析框架,对中日道歉行为进行了分析,得出如下结论:日本人主要以惯用道歉语表示道歉,其使用比较模式化;而中国人的道歉行为则不限于某种固定类型的语言表达方式,根据与对方的亲疏程度不同,语言表达方式有很大差异。若从本论文提出的时间的经过这一点来加以考察,日本人的道歉行为更侧重现在,其次与过去也有很大关系;而中国人的道歉行为与过去、现在都有很大关系,而且与日本人相比更重视未来。     

Reluctant entrepreneurs: musicians and entrepreneurship in the ‘new’ music industry

Changing labour conditions in the creative industries – with celebrations of autonomy and entrepreneurialism intertwined with increasing job insecurity, portfolio careers and short‐term, project‐based contracts – are often interpreted as heralding changes to employment relations more broadly. The position of musicians’ labour in relation to these changes is unclear, however, given that these kinds of conditions have defined musicians’ working practices over much longer periods of time (though they may have intensified due to well‐documented changes to the music industry brought about by digitization and disintermediation). Musicians may thus be something of a barometer of current trends, as implied in the way that the musically derived label ‘gig economy’ is being used to describe the spread of precarious working conditions to broader sections of the population. This article, drawing on original qualitative research that investigated the working practices of musicians, explores one specific aspect of these conditions: whether musicians are self‐consciously entrepreneurial towards their work and audience. We found that, while the musicians in our study are routinely involved in activities that could be construed as entrepreneurial, generally they were reluctant to label themselves as entrepreneurs. In part this reflected understandings of entrepreneurialism as driven by profit‐seeking but it also reflected awareness that being a popular musician has always involved business and commercial dimensions. Drawing on theoretical conceptions of entrepreneurship developed by Joseph Schumpeter we highlight how the figure of the entrepreneur and the artist/musician share much in common and reflect various aspects of romantic individualism. Despite this, there are also some notable differences and we conclude that framing musicians’ labour as entrepreneurial misrepresents their activities through an overemphasis on the economic dimensions of their work at the expense of the cultural.     

Brexit as the unlikely leading edge of the anti-expert revolution

In this invited piece, I deal with Brexit as the leading edge of an ongoing anti-expert revolution. I begin by considering Brexit in relation to my own long-standing anti-expertist approach to social epistemology, which in many ways makes me a kindred spirit to the Brexiteers. Next, I turn to the struggle of parliamentary elites that eventuated in the win for Brexit, focussing on the Brexiteers' distinctive epistemic and ethical strategy with regard to public opinion. Finally, I consider the unforeseen emergence of a Rousseau-style ‘general will’ with regard to Brexit, which is where British democracy stands for the foreseeable future, ending on the role of academia – and specifically business schools – in the anti-expert revolution.     

行政许可法律制度探讨

行政许可法律制度涉及到政府与市场、行政权力与公民权利之间的关系以及权力的运作关系等内容,它对相对人合法权益的保护、政府职能的转变以及社会主义市场经济的发展有着深刻的影响。本文立足于《行政许可法》①,对我国目前行政许可制度中存在的问题进行分析,并提出相应的解决办法。