专利犯罪立法比较研究

综观世界各国对专利犯罪的有关规定,关于立法模式,可分为附属刑法规定型和刑法典规定型两种类型;关于专利犯罪罪名设置,可分为立法侧重保护公共法益与国家法益、立法侧重保护个人法益、立法对两种保护并重3种基本类型;关于专利犯罪刑罚,各国立法皆重视罚金刑的运用,另有一些国家对专利犯罪规定适用资格刑;关于专利犯罪追诉方式,多数国家都实行自诉制度。我国应借鉴其它国家有关规定完善我国专利犯罪立法,立法模式应采取附属刑法规定和刑法典规定相结合;情节恶劣、危害严重的冒充专利行为和专利侵权行为应构成犯罪;扩大罚金刑的适用,适用资格刑;应在刑法或刑事诉讼法中将专利犯罪明文规定为告诉才处理之罪。     

征信体系建设中的失信惩戒机制分析

当前,我国失信问题比较严重,其中重要的一个原因就是对失信者的惩戒机制还没有完全形成。本文对失信惩戒机制的基本内涵、功能以及构成要素进行了分析,并运用规范的经济学研究方法研究了失信惩戒机制运作的机理,最后对完善我国征信体系中的失信惩戒机制提出了一些建议和措施。     

The expected discounted penalty function: from infinite time to finite time

In this paper we study the finite-time expected discounted penalty function (EDPF) and its decomposition in the classical risk model perturbed by diffusion. We first give the solution to a class of second-order partial integro-differential equations (PIDEs) with certain boundary conditions. We then show that the finite-time EDPFs as well as their decompositions satisfy this specific class of PIDEs so that their explicit expressions are obtained. Furthermore, we demonstrate that the finite-time EDPF may be expressed in terms of its ordinary counterpart (infinite-time) under the same risk model. Especially, the finite-time ruin probability due to oscillations and the finite-time ruin probability caused by a claim may also be expressed in terms of the corresponding quantities under the infinite-time horizon. Numerical examples are given when claims follow an exponential distribution.     

On a risk model with dependence between interclaim arrivals and claim sizes

We consider an extension to the classical compound Poisson risk model for which the increments of the aggregate claim amount process are independent. In Albrecher and Teugels (2006 Albrecher, H. and Teugels, J. 2006. Exponential behavior in the presence of dependence in risk theory. Journal of Applied Probability, 43(1): 257–273. [Crossref], [Web of Science ®] , [Google Scholar]), an arbitrary dependence structure among the interclaim time and the subsequent claim size expressed through a copula is considered and they derived asymptotic results for both the finite and infinite-time ruin probabilities. In this paper, we consider a particular dependence structure among the interclaim time and the subsequent claim size and we derive the defective renewal equation satisfied by the expected discounted penalty function. Based on the compound geometric tail representation of the Laplace transform of the time to ruin, we also obtain an explicit expression for this Laplace transform for a large class of claim size distributions. The ruin probability being a special case of the Laplace transform of the time to ruin, explicit expressions are therefore obtained for this particular ruin related quantity. Finally, we measure the impact of the various dependence structures in the risk model on the ruin probability via the comparison of their Lundberg coefficients.     

Should I guess?

Formula scoring, or the use of a correction (or penalty) for guessing, has been commonly practiced on standardized tests for almost 100 years. The correction deducts a portion of the question’s point value for an incorrect response, with no points awarded or deducted for an omitted response. The optimal response strategy is dependent on the student’s risk attitude and is thus difficult to identify and convey, as discussed. This study uses survey data to examine the advice that has been provided (often at some cost) to students facing a test with a correction. The impact of some of this advice as well as explanations for its persistence is discussed. In so doing, the study does provide support for the apparent ongoing abandonment of this scoring practice.     

适当扩大罚金刑适用范围的问题研究

本文从我国目前罚金刑存在的问题入手,指出我国刑法在罚金刑设置方面存在的问题,论证了适当扩大罚金刑适用范围的理论依据、现实依据和政策依据,在此基础上,笔者提出了扩大罚金刑应遵循的宏观原则及具体举措,并阐述了罚金刑适用范围扩大之后的执行问题。     

Are children driving the gender wage gap?

We examine how much children and the responsibilities related to them contribute to the divergence of men's and women's wages, and consequently, to the formation of the gender wage gap. To derive the relative contribution of gender‐specific parent gaps to the overall gender wage gap, we provide a modification of the Oaxaca–Blinder decomposition and include simultaneous corrections for selection into employment and parenthood. The results show that the fatherhood wage premium contributes most significantly to the gender wage gap, especially in Poland. The motherhood penalty is also significant, while the role of the gender gap among childless individuals is small.     

On a renewal risk process with dependence under a Farlie–Gumbel–Morgenstern copula

In this article, we consider an extension to the renewal or Sparre Andersen risk process by introducing a dependence structure between the claim sizes and the interclaim times through a Farlie–Gumbel–Morgenstern copula proposed by Cossette et al. (2010) for the classical compound Poisson risk model. We consider that the inter-arrival times follow the Erlang(n) distribution. By studying the roots of the generalised Lundberg equation, the Laplace transform (LT) of the expected discounted penalty function is derived and a detailed analysis of the Gerber–Shiu function is given when the initial surplus is zero. It is proved that this function satisfies a defective renewal equation and its solution is given through the compound geometric tail representation of the LT of the time to ruin. Explicit expressions for the discounted joint and marginal distribution functions of the surplus prior to the time of ruin and the deficit at the time of ruin are derived. Finally, for exponential claim sizes explicit expressions and numerical examples for the ruin probability and the LT of the time to ruin are given.     

中国古代死刑制度的本体论解析

死刑在本体论上的含义是掌握公权力的主体以公共利益或他人的利益受到损害为名义,而利用其掌握的公权力实施的、对造成公权力主体自认为除行为人本人以外的其他客体具有严重威胁和破坏的人剥夺其生命的一种极端的手段。中国死刑制度在静态、动态上各具特色。中国古代死刑制度＂经久不衰＂的原因是生产力发展水平低下,阶级斗争的残酷性,中国古代对＂人性＂认识的局限性,自原始社会末期至今的血族复仇思想的影响。