在网络游戏产业蓬勃发展的背后,游戏外挂也层出不穷,司法实践对制售游戏外挂的不法行为的定性存在明显分歧。在对游戏外挂刑法规制过程中,非法经营罪、破坏计算机信息系统罪、非法获取计算机信息系统数据、非法控制计算机信息系统罪、...在网络游戏产业蓬勃发展的背后,游戏外挂也层出不穷,司法实践对制售游戏外挂的不法行为的定性存在明显分歧。在对游戏外挂刑法规制过程中,非法经营罪、破坏计算机信息系统罪、非法获取计算机信息系统数据、非法控制计算机信息系统罪、提供侵入、非法控制计算机信息系统的程序、工具罪等罪名的适用都存在法理上的障碍。适用非法经营罪与该罪保护的法益存在偏差;适用非法获取计算机信息系统数据罪和非法控制计算机信息系统罪并不该当罪名的构成要件;适用提供侵入、非法控制计算机信息系统程序、工具罪则与“打击卖挂不打击开挂”的刑事政策导向存在冲突。因此,对游戏外挂的刑法规制适用侵犯著作权罪定罪量刑,在避开以上争议的同时,也能更恰当地对外挂的不法侵害予以评价,即以制造网游外挂的行为该当侵犯著作权罪“故意避开或者破坏保护措施”罪体要素完成此罪与彼罪的区分,以销售所得作为侵犯著作权罪的罪量要素进一步完成侵犯著作权罪罪与非罪、基本刑与升格法定刑的区分。Behind the booming development of the online game industry, game plug-ins are also emerging in an endless way, and there are obvious differences in judicial practice on the illegal behavior of making and selling game plug-ins. There are more or less legal obstacles in the application of crimes, such as illegal operation, destruction of computer information system, illegal acquisition of computer information system data, illegal control of computer information system, providing intrusion and illegal control of computer information system programs and tools. There is a deviation between the application of the crime of illegal business operation and the legal interests protected by the crime;the crime of illegally obtaining computer information system data and the crime of illegally controlling computer information system are not constitutive elements of the crime;the application of the crime of providing intrusion and illegal control of computer information system programs and tools is in conflict with the criminal policy orientation of “cracking down on selling and not cracking down on opening and hanging”. Therefore, the criminal law system of the game plug-ins applies the conviction and sentencing of the crime of copyright infringement, while avoiding the above disputes, it can also more appropriately evaluate the illegal infringement of the external, that is, to distinguish this crime from that crime by the element of the crime of “intentionally avoiding or destroying the protection measures” of the crime of copyright infringement by making the behavior of online game plug-in. The sales income is taken as the element of the crime of copyright infringement to further complete the distinction between crime and non-crime, basic punishment and upgraded legal punishment.展开更多
Qingdao waters,including both the semi-enclosed Jiaozhou Bay(JB) and the adjacent water out of JB(OJB),have been the areas that are most frequently affected by harmful algal blooms(HABs) in the western Yellow Sea(west...Qingdao waters,including both the semi-enclosed Jiaozhou Bay(JB) and the adjacent water out of JB(OJB),have been the areas that are most frequently affected by harmful algal blooms(HABs) in the western Yellow Sea(west of 124°E).In this research,HAB occurrences in Qingdao waters from 1990 to 2009 were investigated using spatial tools in geographic information system(GIS) and are discussed in terms of their connection to temporal variation.Additionally,the effects of each HAB occurrence were further evaluated using a simple model.The calculated results were then visualized using a GIS software to indicate the effects of HABs in Qingdao waters during the entire period.As a result,the OJB was proven to be responsible for the frequent HAB occurrences in Qingdao waters after 2000,although JB was traditionally believed to be the principle source of HAB occurrences in Qingdao waters.In addition,increasing nitrogen and N/P structure imbalance were essential for increasing HAB occurrences in Qingdao waters throughout the entire period,especially for the recent HAB occurrences in the OJB.The results of this research would improve the current understanding on HAB occurrences in Qingdao waters,which would benefit HAB monitoring and the implementation of a control strategy in China as well.展开更多
This paper mainly design B/S system structure and small information management system that often appear some problems of college student information management, combines the actual situation of students and student in...This paper mainly design B/S system structure and small information management system that often appear some problems of college student information management, combines the actual situation of students and student instructor management work. In the process of the development of the whole system, the main use of Microsoft.NET technology as a whole system of compiler environment, SQL Server 2000 is used in the design of backstage supporter' s database, were developed and designed by Visual Studi02005 tool, in exchange for page dynamically selected by the ASP.NET database and system interface between Webpage generation. This system has high reliability, high security, low input, so that the efficiency of information management students to improve.展开更多
Drug taxonomy could be described as an inherent structure of different pharmaceutical componential drugs. Unfortunately, the literature does not always provide a clear path to define and classify adverse drug events. ...Drug taxonomy could be described as an inherent structure of different pharmaceutical componential drugs. Unfortunately, the literature does not always provide a clear path to define and classify adverse drug events. While not a systematic review, this paper uses examples from the literature to illustrate problems that investigators will confront as they develop a conceptual framework for their research. It also proposes a targeted taxonomy that can facilitate a clear and consistent approach to understanding different drugs and could aid in the comparison to results of past and future studies. In terms of building the drugs taxonomy, symptoms information were selected, clustered and adapted for this purpose. Finally, although national or international agreement on taxonomy for different drugs is a distant or unachievable goal, individual investigations and the literature as a whole will be improved by prospective, explicit classification of different drugs using this new pharmacy information system (PIS) and inclusion of the study's approach to classification in publications. The PIS allows user to find information quickly by following semantic connections that surround every drug linked to the subject. It provides quicker search, faster and more intuitive understanding of the focus. This research work can pretend to become a leading provider of encyclopedia service for scientists and educators, as well as attract the scientific community-universities, research and development groups.展开更多
Since the publication of the indexation documents and queries are represented by keywords from their content. The use of words to represent the document content and query generates several problems, the ambiguity of w...Since the publication of the indexation documents and queries are represented by keywords from their content. The use of words to represent the document content and query generates several problems, the ambiguity of words and their disparity. The semantic indexing is as a solution that answers these problems. The goal context where the ambiguity is present, the semantic indexing is meant is to index by the meaning of words rather than words. In a to improve the performance of IRS (Information Retrieval System). In this sense we will soon overcome the problems of traditional indexing approaches. What we propose is a new approach that will allow semantically indexing algorithms courses written in French language, based on a new application ontology. The aim of our approach is to adjust a semantic annotation tool with the reference ontology. The semantic annotation tool we generate an index that will be used in e-Learning as needed (question answering performance on the field. systems, information retrieval systems ) while improving展开更多
This research is a development in management information system (MIS) planning based on operation analysis and development according to concurrent engineering approach and reestablishment of database management. Acc...This research is a development in management information system (MIS) planning based on operation analysis and development according to concurrent engineering approach and reestablishment of database management. According to our case study industry, such industry currently used traditional network systems such as LAN, and "Bus Network" Network Topology. Client/Server distributed computing has a problem with database management in data redundancy, data inconsistency, and data independency. For Network Topology, Bus Network has problem with multitasking since the network are able to handle only a set of data at a time so the traffic problem will occur when multiple users request for the service. Thus, such condition is inconsistent with concurrent engineering which must be able to access the data simultaneously. As a consequence, this study develops a network system, network system of working system, using LAN and "Star Network" network topology. The file server processing distributed is an application while database is stored in host computer or file server but the data will be processed in users' computer. When the user needs to access the data, file server will send it to the user and the user can further analysis or manage such data in the user computer, so called "Hierarchical Database Model". Hierarchical database structure is easily developed like general organization command structure with different level of responsibility. In details, the data level in the database is divided into three levels including DBI, DB2, and DB3, so development of simultaneously systemic flow and access of various critical data is performed in parallel. Furthermore, this is consistent with access of all three data levels including: Level 1 is overall dataflow of both inside and outside the organization; Level 2 is dataflow of each division in the organization; and Level 3 is dataflow of subunit in each division in the organization. After systemize flow and access of data with concurrent engineering as mentioned, it provided optimal efficiency in the whole production system management reducing loss in the whole system of the organization展开更多
文摘在网络游戏产业蓬勃发展的背后,游戏外挂也层出不穷,司法实践对制售游戏外挂的不法行为的定性存在明显分歧。在对游戏外挂刑法规制过程中,非法经营罪、破坏计算机信息系统罪、非法获取计算机信息系统数据、非法控制计算机信息系统罪、提供侵入、非法控制计算机信息系统的程序、工具罪等罪名的适用都存在法理上的障碍。适用非法经营罪与该罪保护的法益存在偏差;适用非法获取计算机信息系统数据罪和非法控制计算机信息系统罪并不该当罪名的构成要件;适用提供侵入、非法控制计算机信息系统程序、工具罪则与“打击卖挂不打击开挂”的刑事政策导向存在冲突。因此,对游戏外挂的刑法规制适用侵犯著作权罪定罪量刑,在避开以上争议的同时,也能更恰当地对外挂的不法侵害予以评价,即以制造网游外挂的行为该当侵犯著作权罪“故意避开或者破坏保护措施”罪体要素完成此罪与彼罪的区分,以销售所得作为侵犯著作权罪的罪量要素进一步完成侵犯著作权罪罪与非罪、基本刑与升格法定刑的区分。Behind the booming development of the online game industry, game plug-ins are also emerging in an endless way, and there are obvious differences in judicial practice on the illegal behavior of making and selling game plug-ins. There are more or less legal obstacles in the application of crimes, such as illegal operation, destruction of computer information system, illegal acquisition of computer information system data, illegal control of computer information system, providing intrusion and illegal control of computer information system programs and tools. There is a deviation between the application of the crime of illegal business operation and the legal interests protected by the crime;the crime of illegally obtaining computer information system data and the crime of illegally controlling computer information system are not constitutive elements of the crime;the application of the crime of providing intrusion and illegal control of computer information system programs and tools is in conflict with the criminal policy orientation of “cracking down on selling and not cracking down on opening and hanging”. Therefore, the criminal law system of the game plug-ins applies the conviction and sentencing of the crime of copyright infringement, while avoiding the above disputes, it can also more appropriately evaluate the illegal infringement of the external, that is, to distinguish this crime from that crime by the element of the crime of “intentionally avoiding or destroying the protection measures” of the crime of copyright infringement by making the behavior of online game plug-in. The sales income is taken as the element of the crime of copyright infringement to further complete the distinction between crime and non-crime, basic punishment and upgraded legal punishment.
基金Supported by the National Natural Science Foundation of China(NSFC)-Shandong Joint Fund for Marine Science Research Centers(No.U1406403)the Strategic Priority Research Program of Chinese Academy of Sciences(No.XDA11020302)+1 种基金the National Natural Science Foundation of China for Young Scholars(No.41506135)the National Nature Science Foundation of China for Creative Group Research(No.41121064)
文摘Qingdao waters,including both the semi-enclosed Jiaozhou Bay(JB) and the adjacent water out of JB(OJB),have been the areas that are most frequently affected by harmful algal blooms(HABs) in the western Yellow Sea(west of 124°E).In this research,HAB occurrences in Qingdao waters from 1990 to 2009 were investigated using spatial tools in geographic information system(GIS) and are discussed in terms of their connection to temporal variation.Additionally,the effects of each HAB occurrence were further evaluated using a simple model.The calculated results were then visualized using a GIS software to indicate the effects of HABs in Qingdao waters during the entire period.As a result,the OJB was proven to be responsible for the frequent HAB occurrences in Qingdao waters after 2000,although JB was traditionally believed to be the principle source of HAB occurrences in Qingdao waters.In addition,increasing nitrogen and N/P structure imbalance were essential for increasing HAB occurrences in Qingdao waters throughout the entire period,especially for the recent HAB occurrences in the OJB.The results of this research would improve the current understanding on HAB occurrences in Qingdao waters,which would benefit HAB monitoring and the implementation of a control strategy in China as well.
文摘This paper mainly design B/S system structure and small information management system that often appear some problems of college student information management, combines the actual situation of students and student instructor management work. In the process of the development of the whole system, the main use of Microsoft.NET technology as a whole system of compiler environment, SQL Server 2000 is used in the design of backstage supporter' s database, were developed and designed by Visual Studi02005 tool, in exchange for page dynamically selected by the ASP.NET database and system interface between Webpage generation. This system has high reliability, high security, low input, so that the efficiency of information management students to improve.
文摘Drug taxonomy could be described as an inherent structure of different pharmaceutical componential drugs. Unfortunately, the literature does not always provide a clear path to define and classify adverse drug events. While not a systematic review, this paper uses examples from the literature to illustrate problems that investigators will confront as they develop a conceptual framework for their research. It also proposes a targeted taxonomy that can facilitate a clear and consistent approach to understanding different drugs and could aid in the comparison to results of past and future studies. In terms of building the drugs taxonomy, symptoms information were selected, clustered and adapted for this purpose. Finally, although national or international agreement on taxonomy for different drugs is a distant or unachievable goal, individual investigations and the literature as a whole will be improved by prospective, explicit classification of different drugs using this new pharmacy information system (PIS) and inclusion of the study's approach to classification in publications. The PIS allows user to find information quickly by following semantic connections that surround every drug linked to the subject. It provides quicker search, faster and more intuitive understanding of the focus. This research work can pretend to become a leading provider of encyclopedia service for scientists and educators, as well as attract the scientific community-universities, research and development groups.
文摘Since the publication of the indexation documents and queries are represented by keywords from their content. The use of words to represent the document content and query generates several problems, the ambiguity of words and their disparity. The semantic indexing is as a solution that answers these problems. The goal context where the ambiguity is present, the semantic indexing is meant is to index by the meaning of words rather than words. In a to improve the performance of IRS (Information Retrieval System). In this sense we will soon overcome the problems of traditional indexing approaches. What we propose is a new approach that will allow semantically indexing algorithms courses written in French language, based on a new application ontology. The aim of our approach is to adjust a semantic annotation tool with the reference ontology. The semantic annotation tool we generate an index that will be used in e-Learning as needed (question answering performance on the field. systems, information retrieval systems ) while improving
文摘This research is a development in management information system (MIS) planning based on operation analysis and development according to concurrent engineering approach and reestablishment of database management. According to our case study industry, such industry currently used traditional network systems such as LAN, and "Bus Network" Network Topology. Client/Server distributed computing has a problem with database management in data redundancy, data inconsistency, and data independency. For Network Topology, Bus Network has problem with multitasking since the network are able to handle only a set of data at a time so the traffic problem will occur when multiple users request for the service. Thus, such condition is inconsistent with concurrent engineering which must be able to access the data simultaneously. As a consequence, this study develops a network system, network system of working system, using LAN and "Star Network" network topology. The file server processing distributed is an application while database is stored in host computer or file server but the data will be processed in users' computer. When the user needs to access the data, file server will send it to the user and the user can further analysis or manage such data in the user computer, so called "Hierarchical Database Model". Hierarchical database structure is easily developed like general organization command structure with different level of responsibility. In details, the data level in the database is divided into three levels including DBI, DB2, and DB3, so development of simultaneously systemic flow and access of various critical data is performed in parallel. Furthermore, this is consistent with access of all three data levels including: Level 1 is overall dataflow of both inside and outside the organization; Level 2 is dataflow of each division in the organization; and Level 3 is dataflow of subunit in each division in the organization. After systemize flow and access of data with concurrent engineering as mentioned, it provided optimal efficiency in the whole production system management reducing loss in the whole system of the organization