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，     

论中国《反垄断法》实施中的相关市场界定

Defining relevant markets is the foundation of establishing main antimonopoly regimes and the key issue in enforcing antimonopoly law, which often reflects the leniency or strictness of enforcement. In the process of defining relevant product market, the main factors to be considered include physical function and use purpose of product, product price, consumers’ preference and substitutable possibility of product supply. In defining relevant geographic market, the main consideration involves transportation cost and product characteristics, product price, consumers’ preference and barriers to market access. On the occasion of forthcoming enforcement of the Antimonopoly Law of China, the enforcement authorities should draw up a specific rule of the definition of relevant markets. Wang Xianlin got his Ph.D from Law School of Renmin University of China (2001) and is a Fulbright visiting scholar at Law School of George Washington University (2007–2008). Prof. Wang is a director of Economic Law Institute and a doctoral tutor in Shanghai Jiao Tong University School of Law. He was once a member of the advisory committee of antimonopoly legislation of the Legal Affairs Office of the State Council of P.R.C. and is a standing director of the Economic Law Academy affiliated with China Law Society. His research focuses on competition law and intellectual property law. He has ten books published individually or cooperatively, including the monograph, such as the Intellectual Property and Antimonopoly Law—Studies on antimonopoly issues of abuse of intellectual property rights and WTO competition policy and Chinese antimonopoly legislation and abuse of intellectual property rights and its regulation. Moreover, he has released over 100 papers in academic journals. In recent years, his research is focused on China’s antimonopoly legislation and the abuse of IPRs of multinational companies in China.     

反垄断从宽处理制度及其中国化

反垄断从宽处理制度旨在减免公法责任以吸引卡特尔成员主动投案并揭发他人的违法事实,是国际上通行的一种发现和打击卡特尔的有效机制。从宽处理制度分为多种类型,其共同的先决条件有三个,即:提出申请、提供有效信息、完全配合反垄断执法机构的查处。中国具有与该制度相契合的传统法律土壤,也具备建构该制度的现实法律依据。但是,我国反垄断法律体系内部的冲突、执法权归属的模糊、行政法律责任的薄弱与缺失等因素,使得该制度在中国的实施面临隐忧。     

How Chinese enterprises live in freedom, competition under the rule of law

China has thoroughly amended its corporate law and hastens to formulate an anti-monopoly law. To rebound then deny the planned economy once adopted, China firmly practices marketization reform. However, common-recognized rules haven’t taken shape without sufficient gaming and, lots of quick introduced legislations are only superficial provisions. As the trend of corporate legal system in developed countries, freedom and responsibility are the two contraries but not contradictory directions during the recent reform of China’s corporate law. One is deregulation, e.g., introducing one-person company and the transition from approval system to registration system for the establishment of a company; while the other is adding various provisions of responsibility and liability to the Company Law for controlling shareholders, actual controllers, directors, supervisors and top managers. The Anti-Unfair Competition Law of China not only prescribes unfair competition but also counters monopoly. In general, it mainly focuses on anti-monopoly provisions, to popularize the concept and value of free market, making systematic regulations on any kinds of monopoly. This article reviews its background, process, meaning as well as the problems encountered. As there remains somewhat a mystery that China rapidly develops, it may also reflect a fringe of the reason. Prepared for presentation at the Global Fellows Forum, the Hauser Global Law School Program, New York University School of Law, 25 October 2006. The author is a global research fellow of the Hauser Global Law School Program, NYU School of Law. He is grateful to Jerome Cohen, Eleanor Fox and William Allen for most helpful comments, to J. H. H. Weiler for aborative presiding, and to Hua Xiao, Justin Fong, Alex Wang and Han Han for English language assistance.     

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).     

论破产法上债务人高管人员民事责任的追究

The Enterprise Bankruptcy Law has designed the regime for debtor’s senior managers to bear civil liabilities, while the framework design concerning the prosecution mechanism of civil liabilities is still unclear. How to establish a prosecution mechanism of civil liabilities of debtor’s senior managers in line with the purposes of the bankruptcy regime is a substantial issue during the implementation of Enterprise Bankruptcy Law. The realization of the civil liabilities regime of debtor’s senior managers depends on the establishment and operation of a relatively well-developed prosecution mechanism of civil liabilities. The focus of the prosecution mechanism of civil liabilities is to determine the subject of prosecution of civil liabilities, the way to realize civil liabilities, and the special hearing proceedings and authorities of the court. Taking steps to clarify and improve the prosecution mechanism of civil liabilities focusing on the subjects of prosecution (debtor’s senior managers) and authorities of the court, is the essence and systematic safeguard of realizing the civil liabilities regime of debtor’s senior managers in the Enterprise Bankruptcy Law. Gan Peizhong, Ph.D, is a professor of law and director of the Research Center for Enterprise and Company Law at Peking University. Prof. Gan is a recognized expert on economic law, company law, bankruptcy law and the reform of state-owned enterprises in China. He has released numerous articles on Chinese law journals and published many books. His major publications include Encyclopedia of Chinese Economic Law (vice editor-in-chief), New Studies on Economic Law (co-editor), New Studies on Enterprise Law (author), Studies on Chinese Economic Adjudication (editor-in-chief), Studies on Foreign Economic Law in Beijing (editor-in-chief), General Theories on Economic Law (co-editor), Legitimate Exercise of the Corporate Control Rights (author). Moreover, he was named the “leading young and middle-aged jurist” by Beijing Law Society in 1999. In addition, Prof. Gan is the deputy-president of the Securities Law Association, a member of the Standing Committee of the Economic Law Association under China Law Society. He also serves as the consultant of the Legislative Affairs Commission of the NPC Standing Committee and Beijing Municipal People’s Congress, as well as the Haidian District Court of Beijing.     

关于完善中国缺陷产品召回制度的若干问题

Defective product recalling system is a new regime in modern civil law, characterized by its special functions to prevent and eliminate the harms concerning consumers’ body and property due to potential defects of products. In legal nature, it is necessary to define “recalling defective products” as the obligation rather than the liability of manufacturers or sellers, so as to encourage both manufacturers and sellers to take effective remedies immediately upon defective products. Product recalling is of two categories, i.e., active recalling and compulsory recalling, and the breach of such recalling obligation will lead to a series of legal liabilities. Considering the importance of the recalling system and the economic development of China, it is strongly proposed that China shall formulate the Law of Defective Product Recalling. Wang Liming, Ph.D of Law, is currently a vice president of Renmin University of China and dean of the Law School. Prof. WANG is also a member of the Law Committee of 10th and 11th National People’s Congress, vice president of China Law Society. Prof. WANG is a leading expert in the drafting and formulating important civil laws in China, such as the Law of Real Rights of PRC. His main research area is civil and commercial law. Quite a number of his monographs won national academic achievements award, including but not limited to Study on Civil Law Regime (Renmin University of China Press, 2008), Study on General Principles of Civil Law (Renmin University of China Press, 2003), Draft of Law of Real Rights and its Interpretation (China Legality Press, 2001), etc. He also has 100 or so articles published in law journals home and abroad.     

《中华人民共和国反垄断法》析评

The Anti-Monopoly Law of the People’s Republic of China has provided to prohibit monopoly agreements and abuse of dominant market position, control concentration of business operators and fight against administrative monopoly. The transformation of China’s economic system is incomplete, and the Anti-Monopoly Law has many flaws. At the initial stage of enforcing the Anti-Monopoly Law, severe challenges will occur in legislative purposes, enforcement authorities, fighting against administrative monopoly and handling of the relationship between anti-monopoly enforcement and industry supervision. Thus, the promulgation of the Anti-Monopoly Law is only the first step in the legislation on anti-monopoly. Wang Xiaoye held a bachelor’s degree of philosophy from Inner Mongolian Normal University (1981), LL.M. from Renmin University of China (1984) and Doctor Juris magna cum laude from the University Hamburg (1993). Since 1984, she works at the Institute of Law, Chinese Academy of Social Sciences (CASS). From 1988 to 1993, she studied in Germany based on Max-Planck Institute for Comparative Private Law. As visiting scholar she spent a year at Max-Planck Institute for Comparative Intellectual Property and Competition Law, and a year at Max-Planck Institute for Comparative Social Law in Munich. In 2004, she was invited to the US by the Antitrust Division of the Department of Justice. In 2005, she was invited to the European Union Visitors Program, and awarded a Fulbright Scholarship to spend a year at the Chicago-Kent College of Law. Prof. Wang works in the areas of economic law, international economic law, and focuses on competition law. Her publications include: Monopoly and Competition in the Chinese Economy — A conception for merger control in China in view of the American and German practices (J C B Mohr, 1993); Monopoly Problem in the Merger of Enterprises (Law Press, 1996); On Competition Law (China’s Legal Publishing House, 1999); Competition Law of European Community (China’s Legal Publishing House, 2001); Economic Law (Social Sciences Academic Press, 2005); Competition Law (Social Sciences Academic Press, 2007). She also has over 200 papers published in Chinese, German and English languages. Prof. Wang has served as vice president of National Association for Economic Law of China, the head of the Consultant Committee for WTO Trade and Competition Policy of the Ministry of Commerce, and member of the Expert Advisory Board for Anti-Monopoly Legislation of the State Council and the National People’s Congress. In her honor, she once lectured on competition law for the Standing Committee of the Ninth and Tenth People’s Congress. In international academic activities, she is a founding member of Academic Society for Competition Law (ASCOLA) and of the Asian Competition Forum, and member of International Advisory Board of the CUTS C-CIER. She lectured on Chinese law at ABA, IBA, IPBA, ACF, Harvard University, Columbia University, Washington University (St. Louis), New York University, KFTC, Chatham House, LIDC, IDRC and other institutions.     

反垄断宽恕政策的理论分析与实证考察

宽恕政策是卡特尔执法的有效政策工具，它有利于破坏卡特尔的稳定性，有利于提高卡特尔的执法效率。设计合理的规则是宽恕政策有效发挥作用的基础，具体、确定、透明是宽恕政策的基本要求。宽恕政策的实施效果与卡特尔的立法、执法状况密切相关，严厉的法律制裁、坚定的执法态度和有力的执法措施能够有效促进宽恕政策的实施。为了加强卡特尔执法，我国反垄断执法机构应当根据《反垄断法》的有关规定尽快出台宽恕政策。     

《内地与香港关于建立更紧密经贸关系的安排》的法律地位

The nature of the Closer Economic Partnership Arrangement (CEPA) is a free trade agreement under the framework of the WTO. For the purpose of clarifying the legal status of the CEPA and the future agreements between the Mainland and other separate customs territories of China, four options are brought forward: (1) To revise the PRC Foreign Trade Law, (2) to make amendment to the Basic Law of Hong Kong Special Administrative Region of China, (3) to have a special law on the conclusion of the interregional agreements, or (4) to amend the PRC Constitution. Wang Wei, Ph.D, is an associate professor at School of Law, Fudan University, China. Before, he was a research fellow at the Faculty of Law, University of Hong Kong. He holds an LL.B. from the East China University of Political Science and Law, an LL.M. from Fudan University in international law, an LL.M. from Southern Methodist University in comparative and international law (Sohmen Scholar), a Ph.D from the University of London in law (the John and Joan Jackson Scholar). Dr. Wang wrote a number of articles on WTO law, financial law and commercial law, such as Historical Evolution of National Treatment in China (39 International Lawyer 759–779, Fall Issue, 2005). He has spoken and chaired conferences and seminars in London, Hong Kong and Mainland of China. Recently he acts as consultant in banking law projects, including the Asian Development Bank.     

Review on the inefficiency and disorganization of judicial power

The reform of civil procedure has been taken as an important topic by both scholars and judges in the recent twenty years. Cases and judges’ practices offer materials and opportunities for scholars to carry out researches, which help judges find the direction of the reform on civil procedures. However, it is not advisable to reconstruct the absolute adversary system and pure due process in China to reduce the great power of the court. Therefore, it is essential to review on the basic theory of civil procedure and overcome the inefficiency and disorganization of the judicial power by regulating judges’ power and independence as well as their responsibilities. Xiao Jianhua, professor and doctoral tutor of China University of Politics and Law. He got a master degree in Southwest University of Politics and Law in 1995 and a doctor degree in China University of Politics and Law in 1998. He had been a Fulbright Visiting Scholar studying at Law School of Northwestern (USA) in 2003–2004. His research field covers civil procedural law and evidence law. His six books on civil procedural law and evidence law are published in China, his another book on bankruptcy will be published in England. Now his research is focused on comparative law.