我国环境刑罚轻缓化探析

毋庸置疑,在整个国际社会对环境犯罪处以轻缓刑罚的背景下,我国亦应该对环境刑罚采用轻缓化的原则。诚然,我国的环境刑罚制度与其他国家相比还有许多亟待完善的地方,但这并不妨碍我们在借鉴其他国家先进的立法经验的基础上构建适合我国具体国情的环境刑罚制度。在环境刑罚中要突出自由刑的适用,扩大并完善财产刑的适用,明确财产刑中过于模糊的规定,逐步改善环境犯罪的刑事处罚措施过于单一的缺点和功能上的不足,同时提高对辅助刑罚措施的关注。在环境犯罪方面,在适用传统刑罚措施惩治的基础上配合适用辅助刑罚措施,使我国环境刑罚轻缓化实践不至于成为一纸空谈。     

State of the Art in Risk Analysis of Workforce Criticality Influencing Disaster Preparedness for Interdependent Systems

The objective of this article is to discuss a needed paradigm shift in disaster risk analysis to emphasize the role of the workforce in managing the recovery of interdependent infrastructure and economic systems. Much of the work that has been done on disaster risk analysis has focused primarily on preparedness and recovery strategies for disrupted infrastructure systems. The reliability of systems such as transportation, electric power, and telecommunications is crucial in sustaining business processes, supply chains, and regional livelihoods, as well as ensuring the availability of vital services in the aftermath of disasters. There has been a growing momentum in recognizing workforce criticality in the aftermath of disasters; nevertheless, significant gaps still remain in modeling, assessing, and managing workforce disruptions and their associated ripple effects to other interdependent systems. The workforce plays a pivotal role in ensuring that a disrupted region continues to function and subsequently recover from the adverse effects of disasters. With this in mind, this article presents a review of recent studies that have underscored the criticality of workforce sectors in formulating synergistic preparedness and recovery policies for interdependent infrastructure and regional economic systems.     

美国BIT范本的环境政策考量与变迁及其对中国的启示

美国从1981年启用第一个BIT范本,之后历经数次修订,形成不同版本。其中的环境保护条款从无到有、从简到繁,2012年版本对环境保护又有大力强化。虽然环境例外条款具有法律形态,但因其为缔约方保留环境规制的空间,没有消极影响,其他环境条款尤其专门环境条款则只具有政策形态,对缔约方只有倡导和督促作用,因而也不具有负面意义。基于此,对于中美BIT谈判,中国应该持有像实践WTO规则一样的心态,研究它、接受它,为投身国际实践走出第一步,为将来参与更大范围的规则制定做好准备。     

The ‘Bakul Gendong’ as a communication strategy to reject the construction of a cement factory in Central Java

Since 2006, one of Indonesia’s biggest corporations operating in the cement industry has been trying to build a factory at Sukolilo village in Central Java, Indonesia. The potential for of environmental damage caused by mining and the construction of this new factory is the main source of conflict between the public and the giant corporation.The focus of this research was the communication strategy adopted by women in the community to reject the construction of the cement factory in Pati, Central Java, Indonesia. This research used a qualitative method through a case study approach. Interviews, observations, and literature studies were used as data collection techniques for in this research.We found that the practices of the “Bakul Gendong” communication strategy were effective in developing women’s awareness of environmental issues based on the values they believe in. Through the women peddlers, women’s awareness of the risk of environmental damage caused by the cement factories was successfully developed. They also created female farmers’ group named “Simbar Wareh” to strengthen cooperation between them and to better-organize their resistance. The women’s movement to resist the cement factory was also conducted by building a network, meeting authorities, demonstrating, displaying traditional symbols during celebrations such as the “Agustusan” (independence day celebration) and Kartinian (women’s day) as their sites of resistance. The local government and PT. Semen Gresik tended to use technical and economical communicative approaches, while the people mainly refer to local know how PT. Semen Gresik did not use the right communication strategy to understand the conflict that arose and how to handle it, until after 10 years of trying to build a factory in Sukolilo.     

The Aversion to Tampering with Nature (ATN) Scale: Individual Differences in (Dis)comfort with Altering the Natural World

People differ in their comfort with tampering with the natural world. Although some see altering nature as a sign of human progress, others see it as dangerous or hubristic. Across four studies, we investigate discomfort with tampering with the natural world. To do so, we develop the Aversion to Tampering with Nature (ATN) Scale, a short scale that is the first to directly measure this discomfort. We identify six activities that people believe tamper with nature (geoengineering, genetically modified organisms, pesticides, cloning, gene therapy, and nanoparticles) and show that ATN scores are associated with opposition to these activities. Furthermore, the ATN Scale predicts actual behavior: donations to an anti-tampering cause. We demonstrate that ATN is related to previously identified constructs including trust in technology, naturalness bias, purity values, disgust sensitivity, aversion to playing God, and environmental beliefs and values. By illuminating who is concerned about tampering with nature and what predicts these beliefs, the ATN Scale provides opportunities to better understand public opposition to technological innovations, consumer preferences for “natural” products, and strategies for science communication.     

Experiences with systematic triangulation at the Global Environment Facility

Systematic triangulation may address common challenges in evaluation, such as the scarcity or unreliability of data, or the complexities of comparing and cross-checking evidence from diverse disciplines. Used to identify key evaluation findings, its application has proven to be effective in addressing the limitations encountered in country-level evaluation analysis conducted by the Independent Evaluation Office of the Global Environment Facility (GEF). These include the scarcity or unreliability of national statistics on environmental indicators and data series, especially in Least Developed Countries; challenges in evaluating the impacts of GEF projects; and inherent difficulties in defining the GEF portfolio of projects prior to the undertaking of the evaluation. In addition to responding to the need for further developing triangulation protocols, procedures and/or methodologies advocated by some authors, the approach offers a contribution to evaluation practice. This applies particularly to those evaluation units tasked with country-level evaluations in international organizations, facing similar constraints.     

Then press enter: digital payment technology and the history of telephone interface

The internet and other digital networks in the U.S. (and beyond) remain essentially an upgrade of the national telephone network built by AT&T over the first half of the twentieth century, and digital payment remains tethered to telephony at the level of infrastructure. Telephone history also continues to inform digital payment at the level of interface. Debit card readers feature a keypad nearly identical to those introduced (also by AT&T) to the dialling public a half-century ago on touch-tone telephones. In this essay I highlight the development of the touch-tone keypad as a transformative payment technology. There have been three great leaps forward in the history of telephone interface: the dial, the keypad and the touch screen. Each corresponds to a period of technological transformation in the telephone industry and society more broadly: the rotary dial and automation, touch-tone keypads and digitization, and touch screens and computerization. The successful careers of the dial and the keypad, especially when read in tandem, suggest that touch screens will alter the everyday economics of retail payment even more radically than its predecessors. I also describe a broader trajectory of digital naturalization, whereby telephone numbers have proliferated into a personal identification number, passwords and a plethora of personalized information. Payments increasingly circulate today as subsets of personal information within the vast sea of big data. Payment apps are demonstrating a capacity to reorganize retail transactions on a scale as vast as any technology since the cash register. The history of retail payment finds the point of sale heading from the till into shoppers’ pockets. As a result, consumers are increasingly shouldering the costs of purchasing, maintaining, upgrading and securing the technology used for everyday transactions.     

加拿大环境保护法的变迁:1988—2008

加拿大环境保护法自1988年产生之后,随着社会环境的变化而不断更新,在正当的法律程序的指引之下,既重视法律文本的完善,又关注法律的实效,以此为借鉴,中国环境法在修改过程中,可以突出以下方面:一是进一步充实立法原则;二是建立环境保护责任制度;三是完善立法程序和立法技术.     

An Examination of How Supervisors Influence Their Subordinates to Engage in Environmental Behaviors

Employee engagement in environmental behaviors is an important topic in operations management. Drawing upon stakeholder, commitment, and organizational support theories, this study creates and tests an empirical model of how store managers (i.e., supervisors) influence their direct reports (i.e., subordinates) to become engaged in environmental behaviors. Based on a dataset derived from supervisors and their subordinates who are employed at the same grocery store location across a large retail grocery chain, we test our study's nomological model and find support for the linkages proposed. Key research and managerial implications are discussed.     

环境信息披露的污染减排效应评估

本文利用我国2008年正式实施环境信息披露制度这一外生冲击构造准自然实验,基于2004-2017年我国285个城市的面板数据,通过双重差分法系统评估环境信息披露对工业污染物排放的影响。克服环境信息披露的测量困难与内生性问题,首次考察环境信息披露的污染减排效果,并借助数理模型对其影响机制进行规范阐释。研究发现,环境信息披露能够显著降低工业污染物排放水平,且该影响具有一定的时滞性和长期性;同时,减排作用会随地区环境污染程度和环境规制力度的增强而呈现递增规律;此外,机制分析的结果表明,其传导机制主要来自于产业结构转型和减排技术进步。为验证研究结论的稳健性,本文提供了平行趋势、工具变量、安慰剂等多种方法的检验结果。本文的研究在经验上丰富了环境信息披露与环境污染治理之间关系的相关讨论,为提升我国环境污染治理水平、打赢污染防治攻坚战提供有益的政策启示。