• Journal of Legislation Research
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• no.55
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• pp.137-166
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• 2018

Wenn nach dem starken Trinken etwas strafbares passiert, so ist das Gesamtverhalten als $strafw{\ddot{u}}rdig$ und strafbar anzuerkennen. Aber nach dem Schuldprinzip handelt ohne Schuld, wer bei Begehung der Tat $unf{\ddot{a}}hig$ ist, das Unrecht der Tat einzusehen oder nach dieser Einsicht zu handeln(Koinzidenzprinzip). Die Rechtsfigur der "actio libera in causa" dient dazu, diese in $h{\ddot{a}}ufigen$ $F{\ddot{a}}llen$ als kriminalpolitisch $unerw{\ddot{u}}nscht$ empfundene $L{\ddot{u}}cke$ zu umgehen. Dabei kommt auch dem Vollrauschtatbestand in der Praxis $erh{\ddot{o}}hte$ Bedeutung zu. Der deutsche Gesetzgeber war sich bei der Aufnahme des Vollrauschtatbestandes in das Gesetz durchaus $bewu{\ss}t$, $da{\ss}$ die Vorschrift eine Ausnahme zur Schuldzurechnungsregelung darstellte. Er $w{\ddot{a}}hlte$ jedoch die Form eines $selbst{\ddot{a}}ndigen$ Tatbestandes, um die Durchbrechung des reinen Schuldprinzips $ertr{\ddot{a}}glich$ zu machen. Der Vollrauschtatbestand ist ein abstraktes $Gef{\ddot{a}}hrdungdsdelikt$ -demnach die im Rausch verwirklichte rechtswidrige Tat nur objektive Bedingung der Strafbarkeit ist -, das sachlich eine Schuldzurechnungsregelung $enth{\ddot{a}}lt$, und zwar eine Ausnahme $gegen{\ddot{u}}ber$ die Regelungen ${\ddot{u}}ber$ Schuldzurechnung. Dieser Vollrauschtatbestand ist dennoch als regitime $Erg{\ddot{a}}nzung$ der in Schuldzurechnungsregelungen beschriebenen $Schuldzurechnungsgrunds{\ddot{a}}tze$ anzusehen. Er steht $n{\ddot{a}}mlich$ in Einklang mit dem Schuldgrundsatz, wenn als subjektives Tatbestandsmerkmal des Vollrausches die Kenntnis der $Gef{\ddot{a}}hrlichkeit$ des Rauschzustandes $f{\ddot{u}}r$ die Begehung von Delikten vorausgesetzt wird.

• Asia Marketing Journal
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• v.13 no.2
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• pp.27-48
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• 2011

The Chinese counterfeits has begun to gain great attention recently because of the drastic increase in its volume. The consumption of counterfeit harms to manufacturer who spend millions of dollars to create and develop new product. The counterfeits in Chinese can cause international dispute and lower national reputation. The purpose of this study were to examine if the buyers of counterfeits tend to care more about interpersonal relationship than non-buyers among Chinese. Data were gathered by surveying Chinese consumer living in Beijing, Shanghai, and Guangzhou metropolitan area using convenient sampling, and 480 questionnaires were used in the statistical analysis. In analyzing data, descriptive statistics, factor analysis, structural equation modeling with AMOS were conducted. The results of this study were follows, first, attitude toward counterfeits was classified into three factors such as interpersonal relationship, perception, and involvement. It is general belief that attitudes toward counterfeits were correlated with on brand attachment, however this study show that the buyers of counterfeits tended to purchase counterfeit goods as more alternatives of genuine(original) product than non-buyers. Perhaps, the buyers of counterfeits tended to have lower consumer ethics than non-buyers because they value counterfeit high. It is generally accepted that both a producer and a buyer violate the laws, but they are rather generous for buyer. The results of this study suggest consumers' attitude towards counterfeit need to be changed, following consumer education and strict law enforcement. Based on these results, global brand marketing strategies for luxury goods were suggested.

• Korean Journal of Soil Science and Fertilizer
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• v.39 no.5
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• pp.321-327
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• 2006

In Korea, there is a growing competitive for water resources between industrial, domestic and agricultural consumer, and the environment as many other OECD countries. The demand on water use is also affecting aquatic ecosystems particularly where withdrawals are in excess of minimum environmental needs for rivers, lakes and wetland habits. OECD developed three indicators related to water use by the agriculture in above contexts : the first is a water use intensity indicator, which is expressed as the quantity or share of agricultural water use in total national water utilization; the second is a water stress indicator, which is expressed as the proportion of rivers (in length) subject to diversion or regulation for irrigation without reserving a minimum of limiting reference flow; and the third is a water use efficiency indicator designated as the technical and the economic efficiency. These indicators have different meanings in the aspect of water resource conservation and sustainable water use. So, it will be more significant that the indicators should reflect the intrinsic meanings of them. The problem is that the aspect of an overall water flow in the agro-ecosystem and recycling of water use not considered in the assessment of agricultural water use needed for calculation of these water use indicators. Namely, regional or meteorological characteristics and site-specific farming practices were not considered in the calculation of these indicators. In this paper, we tried to calculate water use indicators suggested in OECD and to modify some other indicators considering our situation because water use pattern and water cycling in Korea where paddy rice farming is dominant in the monsoon region are quite different from those of semi-arid regions. In the calculation of water use intensity, we excluded the amount of water restored through the ground from the total agricultural water use because a large amount of water supplied to the farm was discharged into the stream or the ground water. The resultant water use intensity was 22.9% in 2001. As for water stress indicator, Korea has not defined nor monitored reference levels of minimum flow rate for rivers subject to diversion of water for irrigation. So, we calculated the water stress indicator in a different way from OECD method. The water stress indicator was calculated using data on the degree of water storage in agricultural water reservoirs because 87% of water for irrigation was taken from the agricultural water reservoirs. Water use technical efficiency was calculated as the reverse of the ratio of irrigation water to a standard water requirement of the paddy rice. The efficiency in 2001 was better than in 1990 and 1998. As for the economic efficiency for water use, we think that there are a lot of things to be taken into considerations to make a useful indicator to reflect socio-economic values of agricultural products resulted from the water use. Conclusively, site-specific, regional or meteorogical characteristics as in Korea were not considered in the calculation of water use indicators by methods suggested in OECD(Volume 3, 2001). So, it is needed to develop a new indicators for the indicators to be more widely applicable in the world.

• The Southeast Asian review
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• v.27 no.2
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• pp.37-76
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• 2017

$Nguy{\tilde{\hat{e}}}n$ Cư Trinh has two faces in the history of territorial expansion of Vietnam into the Mekong delta. One is his heroic contribution to the $Nguy{\tilde{\hat{e}}}n$ family gaining control over the large part of the Mekong delta. The other is his role to make the eyes of readers of Vietnamese history be fixed only to the present territory of Vietnam. To the readers, $Nguy{\tilde{\hat{e}}}n$ Cư Trinh's achievement of territorial expansion was the final stage of the nam $ti{\acute{\hat{e}}n$ of Vietnam. In fact, however, his achievement was partial. This study pays attention to the King $V{\tilde{o}}$ instead of $Nguy{\tilde{\hat{e}}}n$ Cư Trinh in the history of the territorial expansion in the Mekong delta. King's goal was more ambitious. And the ambition was propelled by his dream to build a new world, and its order, in which his new capital, $Ph{\acute{u}}$ $Xu{\hat{a}}n$ was to be the center with his status as an emperor. To improve my assertion, three elements were examined in this article. First is the nature of $V{\tilde{o}}$ Vương's new kingship. Second is the preparation and the background of the military operation in the Mekong Delta. The nature of the new territory is the third element of the discussion. In 1744, six years after this ascending to the throne, $V{\tilde{o}}$ Vương declared he was a king. Author points out this event as the departure of the southern kingdom from the traditional dynasties based on the Red River delta. Besides, the government system, northern custom and way of dressings were abandoned and new southern modes were adopted. $V{\tilde{o}}$ Vương had enough tributary kingdoms such as Cambodia, Champa, Thủy $X{\tilde{a}}$, Hoả $X{\tilde{a}}$, Vạn Tượng, and Nam Chưởng. Compared with the $L{\hat{e}}$ empire, the number of the tributary kingdoms was higher and the number was equivalent to that of the Đại Nam empire of the 19th century. In reality, author claims, the King $V{\tilde{o}}^{\prime}s$ real intention was to become an emperor. Though he failed in using the title of emperor, he distinguished himself by claiming himself as the Heaven King, $Thi{\hat{e}}n$ Vương. Cambodian king's attack on the thousands of Cham ethnics in Cambodian territory was an enough reason to the King $V{\tilde{o}}^{\prime}s$ military intervention. He considered these Cham men and women as his amicable subjects, and he saw them a branch of the Cham communities in his realm. He declared war against Cambodia in 1750. At the same time he sent a lengthy letter to the Siamese king claiming that the Cambodia was his exclusive tributary kingdom. Before he launched a fatal strike on the Mekong delta which had been the southern part of Cambodia, $V{\tilde{o}}$ Vương renovated his capital $Ph{\acute{u}}$ $Xu{\hat{a}}n$ to the level of the new center of power equivalent to that of empire for his sake. Inflation, famine, economic distortion were also the features of this time. But this study pays attention more to the active policy of the King $V{\tilde{o}}$ as an empire builder than to the economic situation that has been told as the main reason for King $V{\tilde{o}}^{\prime}s$ annexation of the large part of the Mekong delta. From the year of 1754, by the initiative of $Nguy{\tilde{\hat{e}}}n$ Cư Trinh, almost whole region of the Mekong delta within the current border line was incorporated into the territory of $V{\tilde{o}}$ Vương within three years, though the intention of the king was to extend his land to the right side of the Mekong Basin beyond the current border such as Kampong Cham, Prey Vieng, and Svai Rieng. The main reason was $V{\tilde{o}}$ Vương's need to expand his territory to be matched with that of his potential empire with the large number of the tributary kingdoms. King $V{\tilde{o}}^{\prime}s$ strategy was the variation of 'silkworm nibbling' and 'to strike barbarians by barbarians.' He ate the land of Lower Cambodia, the region of the Mekong delta step by step as silkworm nibbles mulberry leave(general meaning of $t{\acute{a}}m$ thực), but his final goal was to eat all(another meaning of $t{\acute{a}}m$ thực) the part of the Mekong delta including the three provinces of Cambodia mentioned above. He used Cham to strike Cambodian in the process of getting land from Long An area to $Ch{\hat{a}}u$ Đốc. This is a faithful application of the Dĩ Man $C{\hat{o}}ng$ Man (to strike barbarians by barbarians). In addition he used Chinese refugees led by the Mạc family or their quasi kingdom to gain land in the region of $H{\grave{a}}$ $Ti{\hat{e}}n$ and its environs from the hand of Cambodian king. This is another application of Dĩ Man $C{\hat{o}}ng$ Man. In sum, author claims a new way of looking at the origin of the imperial world order which emerged during the first half of the 19th century. It was not the result of the long history of Đại Việt empires based on the Red River delta, but the succession of the King $V{\tilde{o}}^{\prime}s$ new world based on $Ph{\acute{u}}$ $Xu{\hat{a}}n$. The same ways of Dĩ Man $C{\hat{o}}ng$ Man and $T{\acute{a}}m$ Thực Chi $K{\acute{\hat{e}}}$ were still used by $V{\tilde{o}}^{\prime}s$ descendents. His grandson Gia Long used man such as Thai, Khmer, Lao, Chinese, and European to win another man the '$T{\hat{a}}y$ Sơn bandits' that included many of Chinese pirates, Cham, and other mountain peoples. His great grand son Minh Mạng constructed a splendid empire. At the same time, however, Minh Mạng kept expanding the size of his empire by eating all the part of Cambodia and Cham territories.