漂流“飘”出的健康权官司

激情漂流遭遇不测 提起漂流,位于河南省平顶山市鲁山县境内的山水漂流是旅游的热点.这里河水湍急,落差大,惊险刺激,漂流河道时宽时窄,变幻莫测,最宽处达30m,最窄处只有5m,既有急流险滩,又有平湖深潭,堪称夏季漂流的理想河段.许多游客不远千里而来,为的就是体验漂流的刺激和快感.一到夏天,这里就成了人山人海的世界.然而,在这热闹的背后,却有着一些让人意想不到的隐患.     

失主变被告人,项链盗窃案反转闹剧

为了追回借给好友的项链,安徽籍男青年张通(化名)向北京市公安局朝阳分局小关派出所报案,称好友王虎(化名)在北京市朝阳区某宿舍内窃取自己一条价值3万多元的项链,导致王虎于2015年11月2日被警方刑事拘留.在立案调查过程中,失主张通在接受询问时主动交代了诬告陷害他人的事实.张通非但没有追回项链,反而把自己变身为被告,陷入囹圄中.     

给私生女的50万元白条抚养费

已过天命之年的赵武胜与相差20多岁的女子婚外生下一女儿.他承诺以自家财产作担保,签下了一次性给付非婚生女儿50万元的《抚养协议书》.经过两级法院审理认定,该协议因侵犯赵武胜配偶的合法权益而不具有法律效力. 婚外生女惹纷争 赵武胜家住江苏省海门市,时年53岁,与发妻共同养育的女儿已经成年.凭借熟练的水电工技术,赵武胜走南闯北四处揽活,家境渐渐殷实.不过,家庭财政大权全由赵武胜的妻子把持,赵武胜手头并没有可以支配的资产.     

被礼金“绑架”的乡村

礼尚往来,是中国人悠久的传统习俗,也是中国传统文化的积淀,应该加以宣传和发扬.然而,记者近期走访发现,在农村的个别地区,借各种理由大摆酒席收礼的风气浓厚. 沉重的礼金过度强调了“礼”的价值,却歪曲了“礼”的内涵,本来增进感情、互帮互助的美德,却变了色彩和味道. 无论是辽宁的李明强、江苏的王保山还是山东的孙占发,面对沉重的人情债时都显得有几分不解和无奈.孙占发说:“那又有什么办法呢!在我们农村,名声和面子有时候比性命还重要.”     

监管失职是“毒跑道”屡现的根源

有望终结“毒跑道”的最后一击终于出现了.2016年6月21日,中央电视台财经频道的《经济半小时》栏目播出了“谁制造了‘毒跑道'”专题,记者通过暗访调查曝光了距离北京不到200公里的“毒跑道”黑作坊.这些作坊把废轮胎、废电缆以及说不清来源的工业橡胶废料打碎后生产制造“毒跑道”的原料.     

热烈祝贺陕西省十一届人大一次会议隆重召开坚持科学发展谋求率先突破中共勉县县委书记王隆庆勉县人民政府县长王山稳

"十六大"以来的五年.勉县县委、县政府以科学发展观统领经济社会发展全局,走上了又好又快发展之路,步入崭新的发展阶段.一个昔日名不见经传的农业大县,在"十五"末踏上了又好又快的发展之路,近两年来,全县生产总值年均增长15%以上,增速稳居汉中市各县区之首;近年来,先后2646户无电户告别了煤油灯,265户茅草房住户搬进了新居,34万农民看病不再难……连续4年被评为"全市综合工作先进县".     

物权法与普通民事纠纷

《物权法》的颁布,为维护国家基本经济制度、维护社会主义市场经济秩序、保护权利人的物权提供了民事法律依据,同时也为不久的将来我国民法典的问世打下了坚实基础,其意义重大、深远.但本文的视角是在微观层面,选取几类百姓日常生活中已经出现或者可能出现的民事纠纷,结合《物权法》的相关规定加以分析运用,以飨读者.这些问题,在《民法通则》中未有规定或规定甚少,之所以称"普通民事纠纷"是为了与司法实践中主要发生于单位之间的"经济纠纷"以示区别.……     

跳楼冤案终获赔偿

2007年元旦这天,宣汉县鸡唱乡大坪村一社瘫痪10年的龚维周,委托家人赶了300里路程,将自己亲手绣着"秉公执法,还我公正"的鞋垫,赠送给了宣汉县检察院渎职侵权检察科的干警们,以此感谢检察官严查10年前原鸡唱乡党委书记高泽孝、公安员肖光奎非法控制其人身自由,导致其跳楼致残瘫痪至今的非法拘禁案,使他终于获得了迟到的公正和高额的赔偿金.     

错爱以后

2005年9月的一天,24岁的"环球小姐"中国江西赛区亚军、南昌电视台<今夜侃侃侃>节目主持人高璐,在北京应一家时尚杂志社之约到一家摄影工作室拍广告照片,给她拍照的摄影师叫陈华新.拍照后陈华新对高璐说他跟多家时尚杂志合作,希望高璐经常来拍照,他可以把她的照片上封面,并且很绅士地向高璐索要联系电话.上封面是很多女青年梦寐以求的愿望,高璐就高兴地把自己的手机号码给了他.……     

广东警官学院“升本”表彰大会

2月17日下午，澳大利亚昆士兰州警察学院马克&#183;帕拉斯督察、丹尼尔博士，昆士兰州政府驻香港代表李世荣一行3人到我院参观访问。院党委书记陈玉川主持交流会，向来宾介绍了学院情况。副院长杨卫平，以及办公室，教务处、培训部、图书馆、治安系、公共课部、侦察系等部门负责人与会座谈。客人们参观了校园。此次来访，增进了学院与澳洲昆士兰州警方的交流及联系，     

中国东海法律问题

In the most range of the East China Sea, the exploiting oil and gas have been blocked for decades by conflicting claims to the boundaries and islets by China and Japan. For the sake of addressing conflicts in a comprehensive cooperation by bilateral and multilateral agreements aiming at reducing rising tensions and harvesting resources in disputed areas, it has become a key issue worthy of research. Zhou Zhonghai is a professor of international law and director of the International Law Center in China University of Political Science and Law. He was a senior visiting scholar of the Law School, University of Virginia (1991). As a legal adviser of the Chinese delegation to the third UN conference on the law of the sea, he once attended the drafting committee conference. His main works include Comments on International Law (2001), International Law of the Sea (1987), Legal Problems on International Economic Relations (1993), Peace, Justice and Law (1996), Technologic Progress and Development of the Law of the sea (1998), Law Dictionary (1998), Business Law in China, Trade, Investment and Finance (1997), On the Case of Agusto Pinochet Ugarte (1999). In addition, he has published many essays, for instance, Zhonghai Zhou’s essays on international law (2006), Jurisdiction of the International Tribunal for the Law of the Sea (2005), International law and its functions in international relations (1997), On diplomatic protection for the overseas investments (2007).     

论中国和平发展与国际法的交互影响和作用

A peaceful and harmonious world is an important social basis for China’s peaceful development, and international law lays a legal foundation and guarantee for building such a world. In the “village of globe” with co-existence and economic globalization, international law provides China a peaceful development with legal certainty in external environment of peace and security, fair and equal international competitive order, and international cooperation; and on the other hand, it puts on an increasing legal restraint on the internal and external strategies of China’s peaceful development. At the same time, the peaceful development of China deems to make a great contribution to the world, which are the main subject of international law in peace and development, as well as to human rights, rule of law and democracy, which are the universal values pursued by international law. Zeng Lingliang, Ph.D of law, is presently a dean and professor in the Faculty of Law in University of Macau. He is an awardee of the Cheung Kong Scholars Award Program and Jean Monnet Chair of European Union Law in Wuhan University, and one of the first three individuals nominated by the China government on the list of panelists in the WTO. He has published many articles on WTO issues, EU law and international law, and his influenced monographs are European Communities and Modern International Law (1992) and its revised edition—European Union and Modern International Law (1994), Law of World Trade Organization (1996), International Law and China in the Early 21 ^st Century (2005) and the Essentials of EU Law—in the New Perspective of the Treaty on the Constitution for Europe (2007).     

试论中国区域贸易安排战略

Regional Trade Arrangements (RTAs) have proliferated after the birth of the World Trade Organization (WTO). In these years, as the members of RTAs increased considerably, the instruments and formalities of RTAs have been varied, and the scope of RTAs has been expanded. With regards to China, it has changed its traditional view and has been engaged positively in the building its own RTAs. Facing the competition from neighboring countries, China should construct an appropriate strategy on RTAs as soon as possible. Without the derogation of multilateral trade agreement, the RTA strategy should be led by national strategic interest, contain the involvement of various levels of trade agreements, enlarge the scope of regional trade agreements, and expand the potential realm of partners for cooperation, etc. Chen Bin was a joint doctoral student of Wuhan University (China) and l’Université Paul Cézanne Aix-Marseille III (France). Now, he is an editor of International Law Review of Wuhan University, a visiting scholar under the scholarship programme of UK foundation for Uniform Law of l’Institut International pour l’Unification du Droit Privé (Unidroit), a researcher under the doctoral scholarship programme of the Hague Academy of International Law, a research fellow of Heidelberg Max Plank Institute for Comparative Public Law and International Law, a research fellow under the Asser Research Fellowships Programme of T.M.C. Asser Instituut, a visiting fellow under the scholarship program for visiting fellows of Hamburg Max Plank Institute for Comparative and International Private Law. Mr. Chen is a member of the Society of International Economic Law (SIEL), the Association for International Arbitration (AIA) and the Asian Competition Forum (ACF), and a researcher of the Arbitration Institute of Guangzhou Arbitration Court. Currently, his research interests focus on international trade law and public international law.     

现代国际法的人本化发展趋势

Humanization is not only a new concept and value-oriented, but also an ever-increasing positive phenomena in international law. Contemporary international law has been contributing to the establishment and improvement of global peace and development order for the co-existence among States on the one hand, and making endeavors to the formation and maintenance of humanizing order, which is both “individual-oriented” and “humankind-oriented”. Such a humanizing phenomenon undoubtedly represents the advanced trend of international law, enriches its contents, updates some of its classic branches and impacts on the basic principle of reciprocity on which it is created and developed. However, the humanization of international law could not have taken shape without common accords among States by means of either treaties or customary rules; and without cooperation among States, the humanistic value of international law can never become true no matter how sublime it is. Zeng Lingliang, Ph.D, is presently a dean and professor in Faculty of Law of the University of Macau, a Cheung Kong awardee and Jean Monnet Chair of European Union Law in Wuhan University, and one of the first three individuals nominated by the Chinese government on the list of panelists in the WTO. Prof. Zeng has a lot of articles published on the WTO issues, EU law and international law, and his representative monographs, for instance, European Communities and Modern International Law (Wuhan University Press, 1992) and its revised edition European Union and Modern International Law (Zhiyi Press, 1994), Law of World Trade Organization (Wuhan University Press, 1996), International Law and China in the Early 21st Century (Wuhan University Press, 2005) and Essentials of EU Law—In the new perspective of the treaty on a Constitution for Europe (Wuhan University Press, 2007).     

对行政机关滥用职权的司法审查

Through the analysis on three typical cases, it is believed why courts rarely make judgments directly based on the review criteria of“abuse of power” pursuant to article 54 of the Administrative Litigation Law is mostly that the relevant legal provisions are not clear. Besides, in hearings, judges are more inclined to use“conversion techniques”. Meanwhile, it is further revealed of the issues existing in the substantive review of courts. Yu Lingyun is a professor of law at Tsinghua University, Beijing. His main researches include administrative discretion, legitimate expectation, administrative contract, law enforcement, case method and police law. He has released a number of articles, such as Legitimate expectation in administrative law (2003), Pseudo-contract in administrative law (2001), Remedial system of administrative contract (1998), Legitimate expectation in administrative guidance (2007), The construction and development of special administrative law (2006), The scope of judicial review in the administrative litigation law (1992), Experts consultation in government rule-making (1995), Reflection on administrative coercive execution (1998), Compatibility of administrative contract to the characteristics of administrative law (1998), On investigation in resident permission system (1998), The rule of law and administrative contract (1998). His monographs include Administrative Contract (Renmin University of China Press, 2000), Administrative Discretion (China People’s Public Security University Press, 2005), Preventing and Remedies of the Abuse of Police Power (China People’s Public Security University Press, 2002).     

The WTO's First Antitrust Case - Mexican Telecom: A Sleeping Victory for Trade and Competition

A World Trade Organization (WTO) dispute panel has decided theWTO’s first antitrust case. It resolved the matter infavour of the United States’ claim that Mexico had anticompetitivelyfacilitated exploitative prices and a cartel that raised theprice of terminating cross-border telephone calls in Mexicoand thereby harmed trade and competition. The case is Mexico– Measures Affecting Telecommunications Services (April2004) (‘the Mexican telecom case’). This essay arguesthat if the WTO’s antitrust clause was in fact triggered(which is a point of contention), Mexico’s conduct violatedits obligations. Furthermore, it argues that the GATS antitrustobligation in the telecommunications sector should be acknowledgedas occupying an important place at the intersection of trade,competition and industrial policies. Antitrust law is the otherside of the coin of liberal trade law. Antitrust law opens marketsby prohibiting private and other commercial restraints, whiletrade law opens markets by prohibiting public restraints. BeforeMexican telecom, no legal discipline was regarded as copiousor flexible enough to address combined public and private restraints.In particular, nations were allowed free rein to privilege nationalchampions that harmed competition in and out of their country,imposing costs on outsiders as well as on their own people.A positive reading of the antitrust clause helps to fill thegap.     

The Defeat of Shabina Begum in the House of Lords

The Court of Appeal last year delivered a well-publicised judgment declaring that now 17-year-old Shabina Begum had been unlawfully excluded from Denbigh High School when she insisted on wearing the Islamic ‘jilbab’ ([2005] EWCA Civ. 199; [2005] 1 W.L.R. 3372; [2005] 2 All E.R. 396 (Judgment of 2 March 2005); The Times, 4 March 2005, at p. 85. See also J. Gau, “Muslim Dress – School Exclusion – Human Rights”, Ecclesiastical Law Journal 8/37 (2005), pp. 239–240.). The dispute received huge national and international press coverage, but on Wednesday 22nd March 2006, in a remarkable u-turn, the House of Lords overturned the Court of Appeal’s decision on all counts (R (On the Application of Begum) v Headteacher and Governors of Denbigh High School [2006] UKHL 15 (Judgment of 22 March 2006); The Guardian, 23 March 2006, at p. 6; and The Independent, 23 March 2006, at p. 4. Members of the Appellate Committee were Lord Bingham of Cornhill; Lord Nicholls of Birkenhead; Lord Hoffmann; Lord Scott of Foscote and Baroness Hale of Richmond.). The reversal meant Shabina’s Article 9 right to manifest a belief had not been violated by the school. This analysis will briefly examine the reasoning behind their Lordship’s judgment and will provide a short commentary on the likely effect the decision will have on religious groups wishing to wear religious symbols in UK schools. LLB (Hons), LLM, Cert. Ed. Mohammad Idriss is Senior Lecturer in Public Law at Coventry University, United Kingdom and is a PhD Candidate at the University of Birmingham; M.Idriss@Coventry.ac.uk     

美国反托拉斯法上的外资并购控制及启示

在反托拉斯法上,美国对外资并购主要实行国民待遇原则,并从管辖权、实体法和程序法上进行规制,但为避免过度管辖,对外资并购申报规定了四种豁免。在特定产业的外资并购,还必须接受双重审查。我国对外资并购进行干预具有国际法依据,但应坚持国民待遇原则、依法监管和对等原则,合营企业应纳入并购规制范围,并应结合国家产业政策法进行反垄断规制。     

Reforming the International Monetary Fund Why its Legitimacy is at Stake

The International Monetary Fund was designed to promote internationalmonetary cooperation and foreign exchange stability, so as tofacilitate international trade, high levels of employment andreal income, and the development of the productive resourcesof all its members. However, the Fund's capacity to influenceits key members’ policies through its advice, and to giveconfidence to potential borrowers by offering opportune andmeaningful financial assistance in case of trouble, has beenseriously put into question. Its governance structure is inconsistentwith its multilateral nature and is dysfunctional to its purposes.There is also an ideological bias in its policy advice thatprevents the Fund from being responsive to citizens' concernsand challenges posed by globalization. The ongoing reform processis tinkering on the margins and if not redressed will fail tobring additional credibility and effectiveness to the Fund.     

International Law as Language—Towards a “Neo” New Haven School

This paper examines the tension between the mainstream belief in international law as a source of objectivity distinct from politics and its new stream critics that question the validity of such a distinction. It is argued that, as a type of language, international law is not distinct from politics as a function of objectivity, but rather by the fact that it serves the international community’s thymos. The phenomena of global administrative law and NATO’s use of force in Kosovo are analyzed as examples of how the thymos drives international law. Building on feminist theories of international law, the article sets forth a vision of international law as the primary communicative device for the international community’s thymos.