我国《合同法》应将损害赔偿规定为违约救济的首要方式

对于违约案件 ,法院在选择对受害人的救济方式时 ,应首先考虑损害赔偿 ,还是实际履行 ?西方国家多优先适用损害赔偿 ,因为市场主体的交易目的是赢利 ,而损害赔偿能以最快速度填补受害方的利益 ,且无需违约方配合 ,便于法院执行。但我国现行《合同法》却置实际履行于首位 ,损害赔偿于末位 ,这不符合事理、法理和国际惯例 ,应予修正。     

Factors associated with expectation of household's future financial condition

Path analysis is used to examine the causal relationships among selected objective and subjective factors associated with a household's expectation of future financial condition. Results indicate that respondents who perceive the effect of changes in the external environment on their own household's financial condition as positive are younger, have higher net worth, perceive more internal control over their situation, and report that most of the changes in the external environment are positive. Respondents who are younger, have higher income, perceive more internal control over their situation, and believe the effect of changes in the external environment on their household's financial condition are positive are more likely to be optimistic about their financial future. It is important that educators and financial advisors recognize the significant role perception of being in control plays in determining expectations of future financial condition.Journal Paper No. J-15256 of the Iowa Agriculture and Home Economics Experiment Station, Project No. 2809. Data were collected in conjunction with the cooperative regional research project NC-182, Family Resource Utilization as a Factor in Determining Economic Well-Being of Rural Families. Cooperating states are Arizona, California, Illinois, Indiana, Iowa, Kansas, Michigan, and Minnesota.Her current research interests include family financial management and consumer bankruptcy; she received her Ph.D. from the University of Missouri.She received her Ph.D. from the University of Illinois; her current research interests include gender roles, family financial management, and economic well-being.She received her Ph.D. from the University of Illinois. Her research interests are economic well-being and quality of life.Her current research interests include the economic well-being of various family forms. She received her Ph.D. from the University of Illinois.     

Gaining Competitive Advantages in Higher Education: Analyzing the Gap between Expectations and Perceptions of Service Quality

The research findings have provided several implications for higher educational institutions, managers, and leaders of decision-making processes throughout the world. Service quality, customer satisfaction, and behavioral intentions are global issues that affect all organizations, large or small, profit or non-profit, global or local. We are all influenced or discouraged, satisfied or dissatisfied with positive loyalty behavioral intentions or negative complaining reactions, propelled by the level of service quality received. This revised version was published online in July 2006 with corrections to the Cover Date.     

Public Meetings and Risk Amplification: A Longitudinal Study

This article offers longitudinal data tracking people who did and did not attend a series of public meetings in an upstate New York rural community grappling with the expansion of an existing solid waste landfill and remediation of an adjacent inactive hazardous waste site. Before and after the public meetings, mailed questionnaires measured risk perceptions and perceived credibility of risk managers (here, the state government agencies and the responsible industry) conducting the meetings. Respondents at each measurement point included meeting attendees and nonattendees, with some fluctuation over time when attendees at one measurement point were nonattendees at the next and vice versa. The results from the first survey indicate that following the first two public meetings, attendees perceived greater risks from the waste sites than did nonattendees; attendees also perceived the risk managers as less credible. After the third public meeting, the results showed that attendees' risk perceptions remained steady; however, perceptions of government agency credibility significantly decreased. After the fourth public meeting, the survey found that attendees' risk perceptions were again not significantly different, whereas perceptions of government agency credibility increased significantly. The industry's credibility also increased, though only among attendees who had attended the most recent public meeting, not among attendees who had attended both the third and fourth public meetings. For nonattendees, risk perceptions and credibility ratings did not change. The discussion examines how distinctive characteristics of communication at each public meeting may have resulted in different effects and proposes hypotheses for future research.     

Earthquake Risk Perception in Bucharest, Romania

The Municipality of Bucharest is one of the capitals with the highest seismic risk in the world. Bucharest is particularly vulnerable to seismic hazard due to: the high density of inhabitants, especially within the residential districts with blocks of flats; the old public utility fund; the out-of-date infrastructure; the numerous industrial parks that are undergoing a restructuring process, not to mention the inefficient organization of civil protection and poor education of the population regarding seismic risk. This research was designed to examine the attitudes and perceptions of people living with the risk of an earthquake hazard in Bucharest. We were interested in how attitudes and perceptions differ depending on gender, age, education, residential area and socioeconomic status, characteristics of seismic hazard, degree of risk exposure, degree of danger, and casualty awareness. At the same time, we compare the results of this study with those from a previous and similar enquiry in 1997. The statistical processing has indicated a significant difference between the declared perception of seismic risk and the independent variables of gender, age, level of education, level of attachment to the residential area, and degree to which the subjects consider they may be affected and could retrieve their losses. Due to the continuous decrease of their living standard, the most vulnerable is the aged population. The feelings toward the residential area is another factor of statistical significance for the population's seismic danger perception. A strong affective bond offers a feeling of safety and leads to the neglect and even total denial of the hazard. In the case of independent variables regarding the type of dwelling, its age, and property form, deviations of empiric values from the theoretical distribution are not relevant for the correlation searched for, which indicates that this issue goes beyond the above-mentioned criteria.     

Attenuating Initial Beliefs: Increasing the Acceptance of Anthropogenic Climate Change Information by Reflecting on Values

Anthropogenic climate change information tends to be interpreted against the backdrop of initial environmental beliefs, which can lead to some people being resistant toward the information. In this article (N = 88), we examined whether self‐affirmation via reflection on personally important values could attenuate the impact of initial beliefs on the acceptance of anthropogenic climate change evidence. Our findings showed that initial beliefs about the human impact on ecological stability influenced the acceptance of information only among nonaffirmed participants. Self‐affirmed participants who were initially resistant toward the information showed stronger beliefs in the existence of climate change risks and greater acknowledgment that individual efficacy has a role to play in reducing climate change risks than did their nonaffirmed counterparts.     

Lesbians and Gay Men’s Vacation Motivations,Perceptions, and Constraints: A Study of Cruise Vacation Choice

ABSTRACT

This study explores the push-pull vacation motivations of gay male and lesbian consumers and examines how these underpin their perceptions and purchase constraints of a mainstream and LGBT¹ cruise. Findings highlight a complex vacation market. Although lesbians and gay men share many of the same travel motivations as their heterosexual counterparts, the study reveals sexuality is a significant variable in their perception of cruise vacations, which further influences purchase constraints and destination choice. Gay men have more favorable perceptions than lesbians of both mainstream and LGBT cruises. The article recommends further inquiry into the multifaceted nature of motivations, perception, and constraints within the LGBT market in relation to cruise vacations.     

Procedural (in)justice,emotions, and compliance

The procedural justice model has become widely recognized as a key crime prevention and reduction strategy, spurring its adoption across police agencies throughout the United States in an effort to address mounting concerns regarding police use of force. Recent critiques, however, have called attention to the need for greater examination of potential contributing factors that are underdeveloped in investigations of the procedural justice model, including the role of emotions. This article takes stock of interdisciplinary advancements to critically examine scholarly investigations exploring associations between procedural (in)justice, emotions, and compliance behaviors within the context of police-citizen interactions. In doing so, continued gaps are identified. Lastly, this article concludes by identifying future pathways and recommendations for the scholarly advancement of our understanding of emotions and their continued relevance to the procedural justice model.     

Perceptions of Domestic Violence in Lesbian Relationships: Stereotypes and Gender Role Expectations

In light of evidence suggesting that violence between lesbian couples is oftentimes dismissed as “mutually combative,” expectations that support this perception were examined. Participants (N = 287) evaluated a domestic violence situation within the context of a lesbian partnership. As physical appearance may be used to support gender- and heterosexist-based stereotypes relating to lesbians, participants evaluated a domestic violence incident wherein the physical appearance of both the victim and perpetrator were systematically varied. Overall, women perceived the situation as more dangerous than did men. However, among women, the plausibility of the victim's claim, and blame assigned to the perpetrator and victim, varied as a function of the physical appearance of the couple. Implications of this research as well as future directions are discussed.     

“Facing” leaders: Facial expression and leadership perception

This experimental study investigated the effect of a leader's expression of happy versus nervous emotions on subsequent perceptions of leadership and ratings of traits associated with implicit leadership theories (ILTs). Being fast and universally understood, emotions are ideal stimuli for investigating the dynamic effects of ILTs, which were understood in this study in terms of the constraints that expressed emotions impose on the connectionist networks that activate ILTs. The experimental design contrasted videotaped and still frame presentations of a leadership event; however, this methodological factor had no significant effects and analyses were thus collapsed across this factor. Key findings were that the expression of a happy versus nervous emotion at the end of a problem-solving sequence had multiple effects: happy emotions resulted in higher leadership ratings, higher trait ratings, greater correlations among trait ratings, and greater dependence of trait ratings on leadership perceptions. An exploratory model suggested that leadership impressions mediated the effects of facial emotions on trait ratings. The discussion further links the study findings with interpretations in terms of ILTs and many types of constraints on these cognitive structures. It also suggests ways to integrate these ideas with advances in neuroscience research.