Dialogue as the interplay of otherness and shared humanity.

Presents a reply by B. Fowers and B. Davidov to Islam's comments (see record 2007-14606-019) regarding their article (see record 2006-11202-002). Islam noted that virtues are often presented as universally valid character strengths, yet formulations of virtues are always embedded in a particular cultural context, a point we took pains to make in our article. We focus our response on Islam's important suggestion that this tension between universal human characteristics and the particulars of cultural context is indissoluble. Whereas he suggested this tension leads to contradiction and paradox, we see it as a fertile dialectic. The virtue of openness to the other is also subject to the same tension of abstract formulation and particular application. Although we formulated this virtue in a very general way, any instantiation of it would be shaped by the particulars of the cultural context and the situation in which it is exercised. We introduced the concept of dialogue because it is constituted not only by differences between individuals or groups but even more fundamentally by the dialectical relationship between those differences in cultural particularities and the universal human capacities for reason, curiosity, and social engagement, among others. Dialogue acknowledges the indissoluble otherness one finds in those culturally different from oneself, and yet real interchange can only occur because participants in dialogue exercise the cognitive flexibility characteristic of human beings and recognize a shared humanity with the other. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

大陆法系与英美法系的比较

大陆法系与英美法系分别形成于法、德等欧洲大陆国家和英国,随殖民扩张而影响全世界,并最终成为世界性两大法系。两大法系虽都形成于欧洲,却在历史起源、法律渊源以及司法在法律体系中的地位等方面差别巨大,大陆法系源于罗马私法,并不断融进教会法和商法的内容,以成文法典为法律渊源,司法在法律体系中处于从属地位,而英美法系却是在日耳曼习惯法的基础上由英国的司法系统创造出来的,以判例法为法律渊源,司法则处于主导地位。     

Territorial targeting in EU private law

In a series of rulings given in the last few years, the Court of Justice of the European Union (EU) has made use of the concept of targeting by a trader of a particular territorial market as a device for determining the scope of European legislation on private law. The concept is of particular importance in the context of trading activities conducted by means of the Internet, though its significance is not confined to such activities. In particular, the European Court has used the concept of targeting for the purpose of restricting the substantive ambit of intellectual property rights created or harmonised by EU legislation. On the other hand, it has avoided use of the concept of targeting in the context of EU legislation allocating jurisdiction between the courts of the Member States, even in respect of disputes involving intellectual property, except where a legislative text specifically invokes such a concept. The instant paper endeavours to review the position as currently established by the European case-law, and to predict the likely further developments.     

SDN智能管控编排系统技术方案研究

随着用户对网络提出更为苛刻的服务质量要求,运营商着力进行各专业网络的智能化改造建设。首先,简单介绍了产业界各专业网络软件定义网络（software defined network,SDN）改造建设现状,并对改造过程中存在的问题进行了分析;然后,提出了SDN智能管控编排系统方案,以满足用户对跨专业业务端到端自动开通的需求,并在网络层面实现资源数据的智能分析,提升运维效率;最后,介绍了在提出架构下的专线业务开通流程和实时告警流程与实践。     

危害计算机信息系统安全犯罪法律适用疑难问题研究

文章根据最高人民法院、最高人民检察院最新出台的危害计算机信息系统安全犯罪司法解释的相关规定,深入分析了侵害信息网络安全犯罪的定罪量刑标准实践把握、单位犯罪司法认定等法律适用疑难问题,运用网络犯罪刑法原理,提出危害计算机信息系统安全犯罪案件中的司法认定规则。     

物联网与感知矿山专题讲座之三——感知矿山物联网的特征与关键技术

指出了感知矿山物联网是在煤矿综合自动化基础上的延伸和扩展应用,因而,感知矿山物联网在很大程度上有别于综合自动化系统;由于煤矿应用的特点,感知矿山物联网与目前地面物联网应用也有一些不同之处;介绍了感知矿山物联网的特征,它主要表现在多系统综合应用、感知层开放、应用平台开放和适合构建逻辑子系统等几个方面;分析了感知层、网络层、应用层的关键技术和跨层的公共技术;给出了感知矿山物联网的开放性要求和标准建设。该文对更好地理解感知矿山物联网的建设具有一定的参考价值。     

柔性开放式数控系统的概念及其体系结构

对数控系统的“柔性”与“开放性”的概念分别作了深入的分析,明确了“柔性”与“开放性”这两个不同概念之间的相互关系。在提出这一概念的基础上,又进一步地对柔性开放式数控系统的体系结构进行了详细的描述和论证。     

对特定民事纠纷人民调解前置程序的思考

特定民事纠纷非经适格的人民调解组织的调解，不得提起民事诉讼。该程序的引入，有利于实现纠纷解决资源的有效配置，完善多样化的纠纷解决机制。经调解达成的调解协议具有准司法文书的效力。     

Uninet SS:支持网络融合和网络开放的软交换系统

讨论了支持网络融合和网络开放的软交换系统的特点，提出了一个层次化的软交换体系结构，包括协议适配子系统、呼叫控制子系统、业务适配子系统和OAM子系统。分析了层次化的呼叫控制模型、基于统一消息的协议适配方法和可扩展的Parlay API实现方案。测试结果表明了该系统能够满足国家标准规定的性能要求。     

Mock Jurors' Perceptions of Child Witnesses: The Impact of Judicial Warning.

The present study examined the impact of a judicial warning, witness age, and the method of testimony presentation on mock jurors' perceptions of credibility of witnesses and accused, and on guilty verdicts. The participants were 435 undergraduate university students who listened to an audio-taped summary of a theft trial followed by abbreviated instructions to the jury. Witness age was 7, 10, or 23, the jury warning was either present or absent when witnesses were children, and the testimony by the prosecution eyewitness and accused were either presented or summarized. For the taped testimony conditions, the mock witnesses and the accused read a fact pattern describing the events in the case and were audiotaped as they answered a series of questions, which constituted direct and cross-examination. The testimony of the 7-year-old child, compared to the 10-year-old, was associated with lower cognitive competence and higher suggestibility, but also with higher accuracy of recall (lower mistaken recollection) and lower credibility of accused. The pattern of results for appraisal of the older child was more similar to that of an adult witness. The young adult was judged to be less trustworthy than children of either age. While the presence of a warning had no impact on guilty verdicts when a 7-year-old was a witness, there were fewer guilty verdicts when a witness was 10 years old. Participants also made fewer guilty verdicts when a young adult's testimony, compared to conditions involving child witnesses, was presented, but not when it was summarized. (PsycINFO Database Record (c) 2010 APA, all rights reserved)