2019, Vol. 32 No.6
Publication date: 25 November 2019
The core value of "Notice-Takedown" rule lies in its "safe harbor" effect, Internet service providers do not need to involve in the substantive disputes, even there is an infringement, they can still keep exempt from liability. "Notice-Takedown" rule is designed for internet information service platforms, which e-commerce platforms also belong to. Therefore, "Notice-Takedown" rule have the space to apply to e-commerce platforms. From the perspective of civil law theory,"Notice-Takedown" actually is one type of claim of absolute rights. "Notice-Takedown" rule for e-commerce platforms is a reasonable way for rights holders to implement defensive right of claim. On the other hand, if internet service providers are willing to carry out substantive investigation of disputes, law should not aggravate their liability, negligence liability rule should apply to encourage their enthusiasm, reduce costs of rights implementation and abuse of rights.
"E-Commerce Law" stipulates the responsibility of e-commerce platforms to carry out "Notice-Takedown" for content that infringes intellectual property rights, but there are disputes in platform practice. Sellers in E-commerce platform highly rely on E-commerce platforms, after receiving notices, take down content without any investigation will directly cause economic damage to sellers and platforms. In order to balance the interests of rights holders and sellers, dis-encourage IP trolling, investigation of infringing notices is necessary. For the different types of IP rights, such as copyright, trademark or patent, and the different difficulty of judging infringements, requirements for the form and content of proving materials should be specifically defined. And the waiting period of 15 days is not necessary.
From the perspective of philosophy, this paper explores the humanistic implications of engineering practices and demonstrates the basic assertion that "engineering is humanity". It shows that the engineering practice has humanistic attribute, and the essence of engineering practice is humanity. Humanity is not a side phenomenon of the engineering practice, but the integral part and defining nature of it. The argument is carried out from four aspects:engineering is rooted in the transcendence of human beings; it integrates the interests of stakeholders; it indicates the limitation of human beings; and it promotes the new evolution of human beings.
The sociology of deviance has neglected engineering deviance for a long time, which has a close relationship with the social background of its birth. The modern engineering has a rapid development tendency, but engineering deviance is nothing new, with great damage to people's life, social security, and environment. Engineering deviance should become one of important objects of sociology of deviance and engineering. Compared with other deviant behavior, engineering deviance has a different form and characteristic, especially the uniqueness in behavior subject, cause, and mechanism.
As the engineering change of the world and the public growing, the relationship between the public and engineering is more and more closely. At the same time, the public is changing from the role of understanding engineering to participate even impact engineering. Adapted to the logic evolution, inherently requires implementation from engineering to the public for accurate knowledge dissemination. This paper recounts the public understanding of engineering background, and reveals other guidance to engineering knowledge. This paper argues that, engineering knowledge is an important way of promoting the public understanding about engineering. According to the nature of engineering knowledge, we should grasp the key of engineering knowledge, divide objects, set the content and choose appropriate chance to spread.
Mobilization on internet public opinions, the key to network resistance, has the main characteristics of resistance, publicity, interaction and concealment. According to the classification criteria of subject, channel, source and mode, it can be divided into many types. Its evolution mechanism includes four stages:germination stage, accumulation stage, turbulence stage and micro-air stage. The research suggests that we should build a risk assessment mechanism of major of internet public opinion based on big data, optimize the linkage mechanism of mobilization on internet public opinion emergency response, and enhance the network literacy and empathy consciousness of government decision makers, so as to achieve the governance of mobilization on internet public opinion.
Currently, micro-video is the fastest-growing pattern in government social media system. The government agencies from lower to upper level launch their own official accounts abundantly and actively. For a good communicational purpose, Governmental TikTok could provide plentiful scenes, a wide range of topics and diverse story scripts. Meanwhile, government prefer to use human emotions, details, meme and emoji to make micro-video acceptable and interesting. Social media traffic and fans are both used as significant strategies. Under the theories of government communication, this study believes that micro-video not only has advantages in revitalizing resources, breaking through traditional styles and improving communication quality, but also can stimulate government on how to visualize public policies, promote images and optimize government-public relations. Finally, conclusions also provide developmental approaches for government micro-video, such as using strategies including inner media convergence, social media traffic, fans, text, and operation.
In-depth interview and questionnaire survey method were used in this study to examine the objective, current situation and impact measurement of Chinese Non-Profit Organizations'(NPO) social media use. The findings indicate that Chinese NPOs' social media use are influenced by their missions, characteristics and stages of development. Social media are used for multiple purposes, such as communication, image building and fundraising. The selection, operation and management of social media platforms are quite different for Chinese NPOs. Although most Chinese NPOs have realized the importance of social media impact measurement, they lack of effective index, tools and methods.
According to mediation effect test program,mediating models and hypotheses among four factors of benefit satisfaction (BS), safety concern (SC), support (S) and legitimacy perception (LP) of residents near sensitive project were constructed. Obtaining data by questionnaires and based on the analysis of 494 effective samples, the main conclusions were as follows:BS and LP affect S positively; SC affects S negatively; LP plays a mediation role between BS and S significantly; the mediating effect of LP between SC and S is not significant. Sensitivity project social stability risk assessment will be more effective if BS, SC and LP of residents nearby are included.
By heterogeneous stochastic frontier analysis method and set of trade inefficiency as the truncated semi-normal distribution, this paper uses export mixed panel data of 5 classifications of agricultural products between 2007 and 2016, and estimates the impact of trade constraints on China agricultural export. The results show as below. After identifying trade constraint factors, the average value of export efficiency of China agricultural products is 0.5187, which is lower than the optimal frontier efficiency level. This indicates that a great potential of export for China agricultural products do exist. Trade constraints have different influencing coefficients on 5 kinds of agricultural products. For processed agricultural products and grain and oil, improvement on quality of logistics infrastructure significantly reduces trade constraints, but also makes trade uncertainty increases. For textile raw materials, improvement of cargo transportation and timeliness significantly makes trade constraints weakened. The efficiency of customs clearance, quality of logistics infrastructure and timeliness of freight transport can significantly reduce the trade restrictions on agricultural exports, and the improvement of customs efficiency is more significant to reduce trade restrictions. Some suggestions are put forward from the aspects of quality of logistics infrastructure, the efficiency of customs clearance, and the timeliness of goods transportation, so as to provide reference for decision-making departments.
Major construction projects increase with the development of social economy,which desiderate its social stability risks' recognition, evaluation and prevention. Research on associated risk factors' inner relationship differs from common risk recognition and evaluation, which contributes to the analysis of social stability risks' construction as well as building prevention management system. Questionnaire survey method was adopted in data collecting while structural equation modeling (SEM) in model building. Finally, with the basic of risk factors, a major airport construction project's social stability risks was put forward, whose construction and measurement can be analyzed quantitatively, so as that assessment path be completed.
Facility agriculture plays a huge role in improving land use efficiency, expanding vegetable production and meeting the consumer demand. Based on the production data of protected vegetables of 21 provinces in China from 2011 to 2015, this paper analyzes the production technology efficiency and its influencing factors, using DEA-Tobit model. The results are as follows:First, the production technology efficiency of facility vegetable in China is quite different and fluctuating. Second, the economic benefits of vegetable production and urbanization level of vegetable production have a positive effect on the production technology efficiency of vegetable. Third, the vegetable production scale has a negative impact on the production technology efficiency of vegetable.
In recent years, with rapid development of civil aviation and adjustment of transport structure, the number and throughput of small and medium-sized airports in China are also growing fast under the guidance of the national strategy, however, which can not match with safety, operation guarantee resources and security capacity, resulting in a high incidence of unsafe incidents. Considering that some problems existing currently in small and medium-sized airports, such as insufficient supervision, large differences in management modes, excess budget cost of operating, we should focus on scientific division standard, implementation of differential management, innovation of supervision method, reduce pressure reasonably, and ensure the sustainable and safe development of small and medium-sized airports from top-level design.
The cross-regional operation of Beijing Daxing International Airport complied with the regional development plan, and the coordinated development of Beijing-Tianjin-Hebei airports complied with the national strategic requirements.From the aspect of the state and civil aviation industry, the strategy and measures of Beijing-Tianjin-Hebei coordinated development have been determined.However, the regional differences of current rule of law restrict the airports cross-regional coordinated development.At present, the state promotes the layout of world-class airport cluster construction, and local governments are also carrying out the discussion and attempt of the collaborative rule of law.Based on the national policy and the needs of civil aviation development, to enhance the interflow and integration of the airports between Beijing, Tianjin and Hebei, and to ensure the high-quality development of Beijing Daxing International Airport, this can be carried forward and fulfilled from the implementation of the coordination mechanism, the establishment of specialized legislative bodies, promote law enforcement coordination using shared data, and the improvement of the legal management level of airport management.
With the rapid development of China's transportation industry, the number of airport reconstruction and expansion projects has also increased by a large margin. Incidents that impact the safety of "aerodrome obstacle free space" occur frequently, which seriously endangers the flight safety of aircraft. Airport is one of the basic airworthiness conditions to ensure flight safety. Therefore, Annex 14 of the Convention on International Civil Aviation and relevant domestic legislation have established standards and regulations for aerodrome obstacle free space protection, clarified the demolition and reconstruction requirements of over height buildings, and prohibited activities in airport obstacle clearance protection zone. In view of the unclear division of duties, the disunity of understanding and the difficulties in project approval, authority can strengthen the identification of duties and the coordination mechanism, improve the project examination and approval system to achieve the purpose of "aerodrome obstacle free space protection" of China's civil aviation.
Article 38 of "Regulations on the Administration of Civil Airports" provides for the airport franchise,and provide theoretical support and legal basis for airport profit-making project operation. However, due to the profit-seeking nature of the market players and the ambiguity of the legal regulations, the airport management agencies not only did not divest non-aeronautical businesses, but participated in various business operations in various forms. The law needs to clarify the non-profit nature of the airport management agency, delineate the business scope of the airport management agency, and transfer the non-aeronautical business as the statutory obligation of the airport management agency. At the same time, the civil aviation administrative department should also formulate corresponding supporting measures to urge the airport management agency to fulfill their legal obligations.
The Moon Agreement is the most advanced and complete treaty in the outer space law system. It is the only treaty that foresees the development of lunar resources and the commercialization of space activities. The principle of common heritage of mankind is the most important clause in the Moon Agreement and the focus of its controversy. Since the conclusion of the Moon Agreement, it has not been widely recognized. In recent years, the lunar activity has become more frequent, the economic attributes of the lunar activity have been continuously enhanced, the subjects have become more diversified, and the development of lunar resources is about to be feasible. The new situation poses new challenges to the Moon Agreement. In this case, it is imperative to re-examine the Moon Agreement.
The Building Blocks for the Development of International Framework on Space Resource Activities (Draft) has provided for the creation of priorities and resource rights, the assumption for the establishment of a safe zone for outer space resources activities and the institutional design for benefit sharing, which are quite different from the existing outer space law. The leading value orientation of the draft is to promote the efficiency of outer space resources activities. In the future, the international rules for the governance of outer space resources will be mainly based on fairness. Building an international management mechanism for space resources activities will be an important option.
Since the founding of the People's Republic of China, the Party and the state have made major deployments to ensure the development of postgraduate grant policy, which has undergone four stages of development. By using the historical institutionalism analysis method, this paper makes an analysis of the change of China's postgraduate grant policy, and finds that the deep structure affecting the development of China's postgraduate grant policy is the guidance of educational philosophy, the guidance of government behavior and the autonomous promotion of universities; And the path dependence in the policy change is the result of the transformation cost of system operation, the learning effect, the coordination effect and the adaptability expectation; And the dynamic mechanism of the change of postgraduate grant policy lies in the game equilibrium among the government, universities and postgraduates.
In order to cultivate innovative and complex talents with innovative spirit and practical ability, the "artificial intelligence+engineering practice" concept was introduced into the comprehensive innovation training curriculum based on the "Innovation Action Plan of Artificial Intelligence in Colleges and Universities". Artificial intelligence teaching and training was involved in the course, and the curriculum framework with the new concept was established. Two artificial intelligence innovation projects have been finished through the course. One was the "drilling operating platform based on virtual reality technology", the other was "intelligent flower watering robot based on image recognition". The project of "artificial intelligence + engineering practice" has promoted the quality of the curriculum itself, enhanced the communication between the teachers, developed the construction of the teaching team, stimulated the students' enthusiasm for learning, and cultivated the students' creative and cooperative ability. The project of "artificial intelligence + engineering practice" is of great significance to the development of the curriculum.
As an important measure to deepen the reform of higher engineering education and an upgraded version of the outstanding engineers plan, the construction of emerging engineering education has been put forward to meet the severe challenges brought by the new economic reform based on the Washington Accord. In view of the main problems existing in higher engineering education, it is imperative to return engineering education to engineering itself, which is also the core concept of the construction of emerging engineering education. The construction of emerging engineering education is a systematic project, and some new requirements for the cultivation of engineering talents have been presented in terms of conception, system, innovation, practice and transboundary. To fulfill these new requirements, more attention should be paid to the cultivation of engineering consciousness and the shaping of craftsman spirit from the perspective of the educational concept of large-scale engineering. Taking civil engineering majors as an example, to cultivate the engineering consciousness and build the craftsman spirit of students in the specific training links systematically is the key to improve the cultivation quality of engineering talents in an all-round way.