Table of Content

01 September 2014, Volume 16 Issue 5

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A Study on Gender Differences in Pathological Internet Use of College Students in Anhui Province

LI Yan-yan HE Cheng-sen YANG Ping LI Wei-xia

2014, 16(5):  18-22.  DOI: 10.11885/j.issn.1674?5094.14052802

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Objective: To investigate gender differences of PIU of college students in Anhui province, and to provide scientific basis for taking intervention measures in the future. Methods:2000 college students in Anhui province were surveyed about diagnostic criteria of PIU and college students’ network behavior. Results:The reported rate of male college students with PIU (13.7%) is higher than that of female students (9.3%), which is of statistical significance (P﹤0.05). Differences also exist in content and purposes of Internet use and in gender temperament. Conclusion: There is a certain relationship between gender and Internet use. Physiological factors, gender temperament and social culture are factors of important influences on PIU.

On the Legal Protection of Participation Rights of Children in Social Education in China

BAO Yun-cheng

2014, 16(5):  41-46.  DOI: 10.11885/j.issn.1674?5094.2014.20137553

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It is extremely important to ensure the participation of children when carrying out social education for children. However, the participation of children is gravely insufficient in reality and legal protection is urgently needed. Despite prescriptions for the protection of the participation rights of children in social education by relevant laws, deficiencies do exist, such as over generalization, insufficient coordination and adjustment, so it is hard to effectively protect the participation rights of children in social education, which is inconsistent with the requirements of the Convention on the Rights of the Child. Therefore, we should renew ideas, perfect relevant laws, promote the systematization of relevant laws, strengthen the operability of relevant laws, and in particular, the protection of participation rights of rural children in social education should be enhanced.

A Study on Illegality Determination of Resale Price Restrictions

ZENG Yang-yang YUAN Kuang-yi

2014, 16(5):  47-51.  DOI: 10.11885/j.issn.1674?5094.2014.20137520

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Several major resale prices restrictions cases triggered a fierce debate on its illegality. However, whether it is illegal or not depends on the awareness of the “dual effects” of the resale behavior. Resale price restrictions may lead to producer cartel, retailer cartel, bilateral monopoly of manufacturers and distributors and other negative effects. On the other hand, they have positive effects as to solve the “free rider” problem, eliminate double prices. Therfore regulations on the behavior should be implemented accordingly and careful choice should be made between the per se illegal principle and rational principle. Based on China’s current regulatory model, a “safe harbor” system should be established, exemption clauses should be perfected in order to improve its operating efficiency, thus promoting the progress in price and antitrust enforcement.

Reflections on Execution Publicity in China

YAO Ting-ting

2014, 16(5):  57-61.  DOI: 10.11885/j.issn.1674?5094.20137587

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Judicial publicity is a basic concept of modern democracy and nomocracy as well as the guarantee of judicial justice. Execution information publicity, one of the three major platforms that promote judicial publicity, is not only the obligations of people’s court, but also the rights of litigants and interested parties. The publicity is not only to the parties concerned, but also to the public, and includes both the publicity of procedural matters and substantial contents, which is conducive to a certain extent to the settlement of difficulties in execution. However, as China is in the process of transformation from traditional to modern society, execution publicity also faces many problems. Therefore, researches on the theoretical basis of executive publicity, foreign references, functional orientation and the extent of publicity are necessary and urgent.

Discussions on Protection of Affiliated Enterprise Bankruptcy Credits

PENG Xu-lin

2014, 16(5):  62-66.  DOI: 10.11885/j.issn.1674?5094.2014.20137548

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In the process of enterprise bankruptcy, it is important to guarantee the equitable distribution of bankruptcy credits by laws and regulations. Among different forms of enterprise bankruptcy, affiliated enterprises’ bankruptcy is of intrinsic particularity and it is more worthwhile to discuss about how to better protect enterprises’ bankruptcy credits. With the rapid development of economy, the defects of laws and regulations related to enterprise bankruptcy are becoming more evident. Since it is a dynamic process from the establishment to the bankruptcy of enterprises, the protection of enterprise bankruptcy credits should start with the establishment of the enterprise, and through the design of continuous system from “the beginning” to “the end”, we can provide a perfect mechanism of affiliated enterprises bankruptcy credit protection.

Interest-sharing Mechanism of Gene Patents：from the Perspective of Human Gene Resources

JIN Qing-wei

2014, 16(5):  67-71.  DOI: 10.11885/j.issn.1674?5094.2014.20137604

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Human gene resources play an important role in biomedicine researches. With the development of biotechnology, the human gene patents have gained great interests. But there is a great conflicts in interest sharing. The patentees get great interests from gene patents, while the gene providers are excluded from such interests. In terms of gene interests sharing, we must establish gene providers’ right of prior information and consent, their ownership and their right to use gene resources for free or at a low-cost, on the basis of state authoritative ownership of the gene resources.

A Study on the Structuring of Author’s Self Identity in Petroleum Academic Texts

RUAN Xian-yu LONG Shi-wen

2014, 16(5):  107-113.  DOI: 10.11885/j.issn.1674?5094. 14061705

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The structuring of author’s identity is a vital way to present in petroleum academic texts the authors’ contribution to the field. To get first hand information about the means of identity structuring and their pragmatic functions, we collected 50 English petroleum academic texts from SPE (Society of Petroleum Engineers). With Wordsmith 5.0, we studied the means by which native writers structure their identity in the texts. The pragmatic functions of the means were analyzed within the theoretical framework of Face-saving Theory. We found that the first person plurals, the most important means of identity structuring, perform various pragmatic functions in different contexts. And the third person abstract nouns are of vital significance in identity structuring, performing different pragmatic functions from first person plurals. Results also show that native writers also employ some prepositional phrases to structure their self-identity.

A Study on Malfeasance Crimes in Universities

WANG Qiang-Wei JU You-Zhi ZHAO Jian-Wen YANG Shu-Xiang

2014, 16(5):  114-118.  DOI: 10.11885/j.issn.1674-5094.20137545

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Few researches have been done on malfeasance in the field of duty crimes in universities. One of the reasons is that there exist divergences from the perspective of theory and judicial practice on whether university staff are subjects of malfeasance crimes. Explanation on Several Questions of Law Application in Malfeasance Criminal Cases issued by Supreme People’s Court and Supreme People’s Procuratorate was in effect on January 9, 2013. The Explanation extends the definition of “subject”, and stipulates that university staff can be criminal subjects when exercising their power authorized by government. By analyzing the definition of malfeasance crime and relevant judicial interpretations, this paper explores ways of malfeasance crime subject identification in universities. It also summarizes some common situations, features and precautions of malfeasance crimes based on the university situation. We hope to provide valuable and vivid reference for the current mass line education activity when the Communist Party of China fights against formalism, bureaucratism, hedonism and extravagance.