网络服务提供者著作权侵权中的双重注意义务

《民法典》侵权责任编对原有通知删除规则进行了科学修正，但事前保护缺位与事后救济程序失范的问题仍然存在。随着网络服务提供者完成角色转型和技术升级，其作为网络侵权风险的控制者和参与者，有必要且有能力承担未通知阶段的主动预防义务和已通知阶段的证明材料审查义务，以弥补著作权保护和用户利益保护的漏洞。双重注意义务应分别与网络服务提供者对侵权危险的预期和控制能力以及材料审查能力相适应。未通知阶段之注意义务以技术措施为主要履行方式，其注意标准的认定应综合考量技术水平、服务类型、内容介入程度、是否直接获取收益等要素，未尽该注意义务仅为过错认定的考量因素而非唯一标准，并不必然导致侵权责任。已通知阶段之注意义务仅限于对提交的证明材料进行形式审查和有限的实质审查，尽到此注意义务的，可以免于承担侵权责任。     

历史变局、国家兴衰与发展之路——三次千年变局叠加下的中国特色社会主义发展道路

每当先进的发展制度开始取代落后的发展制度时，整个世界格局就会进入重大的转换阶段。在中国五千年的发展历史中，有两次重大的历史变局完全改变了中国历史发展轨迹并深远地影响了当前中国的发展模式。新时代下的中国作为前两次历史变局影响的客体，曾经既是先进发展制度取代落后发展制度的受益者，也经历过作为落后发展制度主体而被先进发展制度冲击的过程。目前世界正处于第三次先进发展制度与落后发展制度交替的历史变局阶段，作为第三次重大历史变局的主体，在三次千年历史变局叠加的背景下，能否有效地认识、适应并改造利用前两次历史变局的经验与教训，构建系统性、科学性、可行性、领先性的中国特色社会主义制度，将决定中国在本次历史变局中能否顺利成为先进发展制度的主体从而实现民族复兴。     

Teaching technologies for immigrant children: an exploratory study of elementary school teachers in Russia*

ABSTRACT

Educational institutions are an important setting where psychological, pedagogical, sociocultural, and language adaptation of immigrant children occurs. A number of teaching strategies, practices, approaches, and methods have been described in the literature. In the Russian context, such strategies have been called ‘technologies’. The purpose of the present exploratory study was to describe teaching technologies used by teachers in Russia when working with immigrant students in elementary schools. Responses of forty-five elementary school teachers to open-ended questions describing technologies they use when teaching children with migration backgrounds were analyzed using content analysis. Findings suggest that Russian elementary school teachers used ethno-cultural group, communicative technologies, games, individualized instruction, and differentiated teaching. Many approaches mentioned can be used inclusively with groups of immigrant and non-immigrant students. Importantly, while teachers supplemented classroom instruction with additional Russian language lessons, none mentioned specific techniques for teaching Russian as a non-native language. These findings are discussed in relation to teaching strategies described in the international literature focused on migrant students. Finally, implications for further research are discussed.     

Changes in work and care trajectories during the transition to motherhood

In most mid- and high-income countries, there have been significant demographic, structural, and cultural changes in the past decades. However, we know little about how these changes have shaped women's work patterns during a key life stage: the transition to motherhood. Using longitudinal data from Chile, covering over 30 years of employment histories and three periods of first births (1980–2010), I conduct sequence analysis to identify women's work-care trajectories during an eight-year period of the transition to motherhood. Over time, I find that continuous care work at home has declined, for which education plays a key role, while the chances of working continuously have not changed over time. Instead, I find an increasing trend of unsteady paths that combine paid work with either caretaking or unemployment. I discuss how these changes, as well as their association with education, have important implications for both gender and social inequality.     

Planning Strategically or by the Book?—Contentious Land Use Planning in South-eastern Finland

The debate on strategic spatial planning highlights the limitations of statutory land use planning in weighing up future options for spatial development, particularly in instances of rapid change. This paper draws on this debate in order to analyse planning institutions and practices in Finland. The case in point is the south-eastern border region where interdependencies with Russia, particularly shopping tourism, have created pressures on land use and led to contentious planning processes between regional and central levels of government. It is argued that, in the absence of cross-border spatial co-ordination, there is a need to establish links between regional land use planning and visions of spatial scenarios in the national context.     

金诗学唐的历程

金代诗歌在受苏轼等宋代诗人的影响之外 ,也受到唐诗的浸润。本文依据金诗发展变化的自身情况 ,考察了金诗学唐的历程。文中将金诗学唐分为金初“借才异代”时期、“国朝文派”时期、金代后期等三个阶段 ,做了比较详细的论述 ,从一个方面展示了金诗发展的轨迹 ,揭示了金诗的某些重要特点 ,对于我们深入地认识金诗是有裨益的     

Stigma, HIV/AIDS and prevention of mother-to-child transmission in Zambia

This report evaluates the extent of perceived and enacted HIV/AIDS-related stigma in a rural setting in Zambia. Stigmatisation is abundant, ranging from subtle actions to the most extreme degradation, rejection and abandonment. Women with HIV and pregnant women assumed to be HIV positive are repeatedly subjected to extensive forms of stigma, particularly once they become sick or if their child dies. Despite increasing access to prevention of mother to child transmission initiatives, including anti-retroviral drugs, the perceived disincentives of HIV testing, particularly for women, largely outweigh the potential gains from available treatments. HIV/AIDS related stigma drives the epidemic underground and is one of the main reasons that people do not wish to know their HIV status. Unless efforts to reduce stigma are, as one peer educator put it, “written in large letters in any HIV/AIDS campaign rather than small”, stigma will remain a major barrier to curbing the HIV/AIDS pandemic.     

Japan's “New Homeless”

Since the mid-1990s, homelessness has become a major issue of public discussion in Japan, and is often viewed as a new social problem facing Japanese society. The issue of homelessness contrasts images of the absence of poverty and homelessness in postwar Japan, often explained based on the unique features of Japanese-style employment and welfare, containing poverty and unemployment. This paper contrasts these views with a perspective on the continuity of poverty, and homelessness in postwar Japan. Specifically, I discuss the characteristics of homelessness in Tokyo, how they relate to the structure of the economy and employment practices, and how the problems of today's homeless are accommodated in the welfare system. I argue that the homeless cast light on patterns of loss of employment, housing, and means of subsistence, characteristic to Japan's economy and welfare system, and contribute to a new understanding of the dynamics of poverty in contemporary Japan.     

Open Road or Blind Alley? Welfare Reform, Mothers, and Children with Disabilities

Welfare reform was examined for 39 Michigan families whose children have significant health or intellectual and behavioral disabilities. As a group, these families received little specialized assistance or services to address their unique needs. Family-cited barriers to self-sufficiency included poorly trained welfare caseworkers, limited public transportation, and inadequate child care. Having an older child was the only discriminating variable between working and non-working mothers. However, working mothers only had temporary positions with no benefits and low pay. All families, whether employed or not, lived below the poverty line.     

20年代初苏俄在外蒙古问题上的对华政策

20世纪20年代初期中苏建交谈判期间,苏俄从其自身国家安全利益出发,采取强行出兵外蒙追剿白匪和坚持长期驻军库伦的作法,来占有当时主权属于中国的外蒙古地区,在外蒙古问题上对华采取了大国沙文主义和民族利己主义政策.