论著作权法对“创作者特权”的确认与限制——以“鬼吹灯”案中的作者续写权利主张为切入点

“创作自由”与“创作者的自由”是一对容易混淆的概念,《著作权法》对于这两类自由采取了不同的确认方式,不宜仅基于“创作自由”的话语扩张“创作者特权”,乃至将其主张为著作权法上的专有权利。“鬼吹灯”同人作品案中被控侵权人主张的“系列故事续写权”实为一种积极权利,不同于一审判决和既有研究中确认的消极权利,因而违背了《著作权法》第1条和第10条中对于“创作者特权”及其专有权利化主张的限制。该类主张的背景是两大法系中作品观融合导致了对于作者权益的挤压,作者权理念在法律实践中出现了反弹。从现代社会中创新的复合属性、版权利益分配格局的自发形成、我国社会中通行的权利观念等角度出发,应当坚守《著作权法》对于创作者自由的既有确认与限制机制。民法典对于一般人格权的保护则能够提供外部的制度协同。     

有限政府与有效政府:道德规范构建中的国家与社会

本文对道德规范构建中的国家、社会和个人三者关系问题进行初步探讨,认为政府在道德规范构建中应努力达到有限政府和有效政府相结合的时代要求。     

Self-regulation and moral awareness among entrepreneurs

Moral awareness underpins moral reasoning and ethical decision making. This mixed methods study investigates a critical feature of these phenomena among entrepreneurs, namely the influence of social cognitive self-regulation on moral awareness. Results suggest that entrepreneurs with stronger self-regulatory characteristics are more morally aware and relate such awareness to maintaining personal integrity and building inter-personal trust. In contrast, entrepreneurs with weaker self-regulatory characteristics appear less morally aware overall, and focus primarily on moral issues relating to failure and loss. I conclude the paper by discussing the implications for future research and practice.     

Why sustainable and ‘nutritionally correct’ food is not on the agenda: Western Sydney,the moral arts of everyday life and public policy

Within a context of delivering food security into the future, dietary guidelines are being reframed, corporations are replacing unsustainable products, and consumers are being encouraged to become ecological citizens. While there is a growing literature on the food practices of ‘alternative’ consumers, ‘mainstream’ consumers are less well understood. This paper describes qualitative research undertaken in a socio-economically disadvantaged area of Sydney, Australia, which aimed to uncover consumer views towards sustainable and healthy diets. Most participants indicated a discrepancy between their desired and actual behaviours: while they want to support Australian, or local, food producers they gravitate towards cheap and tasty food from ‘anywhere’; and while they associate nutritious food with fresh food, they will buy processed foods which can be less expensive, appeal to children and are prone to less waste. Reflecting mainstream Australian political culture, participants were compromising household food budgets in order to pursue a socially acceptable standard of living (including decent housing, car-reliance). They were also incorporating the pleasure and desires of family members as part of ‘the moral arts of everyday life’. Using social theories of consumption and practice sociology we argue that food choices and practices – easy or not – need to be interpreted as part of the role that consumption plays in political citizenship and moral subjectivity. In the Western Sydney context, food practices are essentially household budget and family nourishment practices rather than nutrition and sustainability practices; a position which is not addressed in the government’s new food policies or wage determination processes.     

谈在教学中对大学生环境意识的培养

在＂思想道德修养与法律基础＂课教学中,要加强对大学生环境意识的培养,这是科学发展观的要求,也为本课的教学改革起到了积极的作用。     

Sickness absence and health care in an economic federation

This paper addresses vertical fiscal externalities in a model where the state governments provide health care and the federal government provides a sickness benefit. Both levels of government tax labor income and policy decisions affect labor income as well as participation in the labor market. The results show that the vertical externality affecting the state governments’ policy decisions can be either positive or negative depending on, among other things, the wage elasticity of labor supply and the marginal product of expenditure on health care. Moreover, it is proved that the vertical fiscal externality will not vanish by assigning all powers of taxation to the states.      

The analytics of search with posted prices

Summary. This paper investigates the characteristics of the optimal posted price in the standard sequential search paradigm. Much of the intuition gleaned from the extensive sequential search literature in which the seller adopts a reservation price does not carry over to the posted price setting. For example, an increase in buyer valuations can lead to a reduction in the optimal posted price. We do, however, provide sufficient conditions on the hazard rate function h which ensure that an increase in demand induces an increase in the optimal posted price. As exhibited herein, the analysis of the posted price model depends critically upon analytical properties of h. Amongst the issues treated are the elasticity of demand, finite horizon, sale of multiple units, and competitive equilibrium. Received: October 21, 1999; revised version: March 7, 2000     

论网络文化环境中的网络道德教育

随着信息产业的发展,网络已经遍布我们生活和工作的各个领域。网络文化也正急剧地改变着人们的道德观念、价值取向以及行为模式。数字化、网络化、信息化改变了人们的生产方式、生活方式和思维方式,网络信息的确给人们带来了诸多方便。然而,网络中的不良现象却影响了网络环境建设,并干扰着正常秩序,危害着传统道德,侵蚀着人们的思想。为了确保网络环境建设的健康进行,网络道德教育势在必行。     

我国房地产交易中存在的道德风险及其治理

本文用信息经济学理论分析了我国房地产交易中开发商、中介机构可能存在的道德风险及其带来的负面影响,在此基础上,分别从开发商、政府、购房者以及中介机构四个角度提出了治理房地产交易中道德风险的方法和措施。     

Ex post participation constraint in a principal–agent model with adverse selection and moral hazard

This paper analyzes optimal contracting when an agent has private information before contracting and exerts hidden effort that stochastically affects the output. Additionally, the contract is constrained to satisfy the agentʼs ex post participation. We highlight three features of this model. First, the agent faces countervailing incentives. Second, the separation of types is never optimal. Third, the optimal constant bonus rewarding success is distorted downward below its efficient level.