试析消费者安全保障权

通过两个关于消费者安全保障权的典型案例,解释了消费者安全保障权的基本概念、内容和作用,分析了经营者对消费者安全保障权应履行的义务,认为经营者的法定义务不得通过合同方式给予取消,即在消费过程中第三人侵害了消费者安全权以及消费者自身有过错时,经营者应尽到法定义务、约定义务及附随义务,在消费者安全保障权受到损害时,经营者必须承担损害赔偿责任,其责任不应减轻或免除。     

农民失地的路径、成因与对策

在"三农"问题中,农民失地问题日显突出。农民失地的主要途径包括:利益集团非对称性的强占乱建失地,政府政策诱致的组织性失地,农业比较经济效益倾斜的自愿性失地。地权主体的失缺,失地补偿制度的不合理,利益集团的寻租行为,农民所处的信息劣势地位以及政府土地监管行为的不力,是造成农民失地的主要原因。解决农民失地问题,必须从明晰地权主体、创新补偿制度、约束寻租行为和提高农地收益等方面做好工作。     

"宜昌教案"质疑

“宜昌教案”是中国近代史上产生过重大影响的涉外事件 ,然而各种史籍对该案的记述不一 ,甚至自相矛盾。对“宜昌教案”的诸多疑点进行考证清理 ,还历史本来面目很有必要     

Company Performance,Corporate Governance,and CEO Compensation in Norway and Sweden

This paper examines the relationshipamong company performance, corporategovernance arrangements, and CEO compensationwithin the Scandinavian countries of Norway andSweden. Our sample consists of 224 tradedcompanies, 120 of which are from Norway and 104from Sweden. The empirical evidence fromboth Norway and Sweden reveals significantpositive relationships among board size andCEO compensation, foreign board membership andCEO compensation, and market capitalization andCEO compensation. A significant negativerelationship is found between CEO ownership andCEO compensation. In addition, no significantrelationship is found between companyperformance and CEO compensation or CEO tenureand CEO compensation, except in the case ofNorwegian firms when a change in market-to-bookperformance measure is used. Despite itslimited geographical scope, the study adds toour general understanding of internationalcorporate governance issues.     

西部欠发达地区发展资金的流入方式及管理机制研究

西部大开发事关中国未来发展全局.在新的客观经济环境下,应加大对西部地区的财政地区政策投入,改革和完善国家规范化转移支付制度,包括横向的东部向西部的转移支付机制和"纵向"的中央财政对西部地区的特殊性转移支付模式,同时,改革西部金融体制,逐步开放西部金融市场.多形式、多渠道引导外部资金和外资参与西部开发.     

行政赔偿责任缺失位现象及其对策

我国行政赔偿存在赔偿责任履行与承担主体缺失位现象,其主要表现为:该赔没赔,未尽赔偿责任;赔而责任承担不充分,国家部分赔偿责任漏失;赔后不申报、不追偿,赔偿责任不能真正落实。因此,建议修改《国家赔偿法》,重构行政赔偿归责原则体系;适当拓宽行政赔偿范围;进一步完善行政赔偿监督机制。     

Public Attitudes Toward Siting a High-Level Nuclear Waste Repository in Nevada

This paper examines the sources of public opposition to a high-level nuclear waste repository among samples of 1001 residents of Nevada and a national sample of 1201 residents. Two models of choice are contrasted: A benefit-cost model and a risk-perception model of individual choice. The data suggest that the willingness of Nevada residents to accept a repository at Yucca Mountain depends upon subjective risk factors, especially the perceived seriousness of risk to future generations. Perceived risk depends in part on level of trust placed in the Department of Energy to manage a repository safely. Opposition to a local repository did not decrease significantly if compensation in the form of annual rebates, either ($1000, $3000, or $5000 per year for 20 years) were offered to residents. The public needs to be convinced before compensation is considered, that the repository will possess minimal risks to themselves as well as to future generations, and that the site currently targeted is suitable. One way to do this is through adoption of mitigation and control procedures such as strict federal standards and local control over the operation of the repository. The federal government should also consider returning to the fair procedure for selection between candidate sites specified in the initial Nuclear Waste Policy Act of 1982.     

CSP Deposition to the Alveolar Region of the Lung: Implications of Cigarette Design

Ventilated cigarettes were designed to reduce the levels of smoke under machine testing conditions; however, smokers alter their smoking pattern to compensate for the reduction in yields. A relative shift in incidence of lung cancer from the more central lung airways to the alveolar region has also been associated with ventilated cigarette use. Validated mathematical models indicate that particle deposition patterns in the lung depend on particle size and inhalation behavior, including inhalation volume, flow rate, and breath-hold time. This article finds that most mathematical models underpredict total cigarette smoke particulate (CSP) deposition in the lung, likely because they do not account for coagulation, hygroscopicity, and cloud dynamics, which may increase the effective particle diameter of CSP reaching the lung tissue. The models that include these processes indicate that puff volume would be unlikely to affect particle deposition in the lung, but puff time, inhalation depth, breath-hold time, and exhalation time may affect total deposition. Most compensation appears to occur through a combination of increased puff volume and puff flow, with possible increases in inhalation depth and breath-hold time. The complex interaction between the extent of cigarette ventilation, which can affect puffing/inhalation behavior, CSP concentration, and CSP size with CSP dose to the alveolar versus more central lung airways is described. Deposition efficiency in the alveoli could plausibly be increased through compensation, but it is still unclear whether compensation could sufficiently alter patterns of CSP deposition in the lung to elicit a shift in lung cancer sites.     

Insurability and Mitigation of Flood Losses in Private Households in Germany

In Germany, flood insurance is provided by private insurers as a supplement to building or contents insurance. This article presents the results of a survey of insurance companies with regard to eligibility conditions for flood insurance changes after August 2002, when a severe flood caused 1.8 billion euro of insured losses in the Elbe and the Danube catchment areas, and the general role of insurance in flood risk management in Germany. Besides insurance coverage, governmental funding and public donations played an important role in loss compensation after the August 2002 flood. Therefore, this article also analyzes flood loss compensation, risk awareness, and mitigation in insured and uninsured private households. Insured households received loss compensation earlier. They also showed slightly better risk awareness and mitigation strategies. Appropriate incentives should be combined with flood insurance in order to strengthen future private flood loss mitigation. However, there is some evidence that the surveyed insurance companies do little to encourage precautionary measures. To overcome this problem, flood hazards and mitigation strategies should be better communicated to both insurance companies and property owners.     

离婚过错赔偿制度实施中存在的问题及对策

离婚过错赔偿制度,是婚姻法规定的旨在保护离婚无过错方合法配偶权利的一项权利救济制度.由于我国婚姻法对夫妻配偶权的内容规定得不完备,使得作为救济措施的离婚过错赔偿制度在实施过程中出现了一些亟待解决的问题.为此,应充分实现配偶权保护精神对婚姻法的全面渗透,为该制度的存在及效力的有效发挥奠定一个坚实的法理基础,以更好地发挥其在维护婚姻家庭稳定中的作用.