论《消费者权益保护法》第49条对医疗纠纷的适用问题

医患关系是以生活消费为内容的消费关系 ,存在医患双方事实上的实力对比的悬殊 ,对医疗纠纷应当适用《消费者权益保护法》第 49条有关惩罚性赔偿的规定     

To revise or not to revise: the ‘peace constitution’, pro-revision movement,and Japan's national identity

Why do conservative nationalists in Japan continuously seek to revise the constitution despite the past failures, and what is the likelihood of successful revision and its impact on Japan's norm of pacifism and its use of force? The article offers an analytical framework for the issue based on national pride and national security, and argues that the ‘revisionists’ seek to create a new national identity, one that infuses a greater sense of national pride among the public and enables the exercise of collective self-defense, thereby removing Japan's postwar psychological and institutional limitations on nationalism and military activities. The LDP's 2012 draft is most explicit and ambitious in this regard, with the current revision attempt under Abe having the highest chance of success since the 1950s. Successful revision would significantly expand Japan's security activities, particularly within the framework of the US–Japan Security Alliance, and entail the end of Japan's unique postwar institutionalized pacifism, although the norm of pacifism will linger on as a constitutional principle. For a smoother return to the international military scene, the Japanese government must distance itself from historical revisionism and utilize its enhanced military role to promote regional public goods rather than merely protecting its narrow national interests.     

THE INDIAN CONSTITUENT ASSEMBLY AND THE MAKING OF HINDUS AND MUSLIMS IN JAMMU AND KASHMIR

Article 370 of the Indian constitution gives the northern province of Jammu and Kashmir special status within the union. Today that provision forms a nucleus of fierce political contention between secularists and religious nationalists in India, despite the manifest whittling down of the article's most significant aspects. This development is counterintuitive: the original intent of the article's introduction had no relation to questions of religion. This essay attempts to understand this unanticipated role, as a marker of the state's secularity or lack thereof, the article has come to play in Indian politics. It contends that the seeds were sown even at the time of shaping the Indian constitution of a perspective that viewed the people of Jammu and Kashmir according to their religious affiliations.     

South Korean views on Japan's constitutional reform under the Abe government

In this Special Section, this article reviews South Korean views on Japan's ‘peace’ Constitution and the Abe government's attempts at constitutional reform. It identifies three different understandings among South Korean academics on why Japan is escalating attempts to revise the Constitution under the Abe government. An in-depth analysis demonstrates that all three perspectives pay specific attention to Japan's constitutional reform in relation to security policy changes. However, they differ in assessing the impact of Japan's constitutional reform on South Korea as well as how South Korea should deal with such a change. A minority opinion considers Japan's ‘remilitarisation’ through constitutional revision as conducive to South Korean security interests by increasing deterrence against North Korea, whereas the dominant opinion is that any attempt to revise the Constitution could be in and of itself a potential threat to South Korea's security due to a lack of trust attributed to unresolved historical conflicts between Korea and Japan. However, all three approaches pay hardly any attention to the positive role of Japan's peace Constitution while Japan's peace Constitution might provide a regional peace model in Northeast Asia.     

This Time it's Different: Legitimacy and the Limits of Differentiation after Brexit

British political debate since the EU referendum has hinged on what type of Brexit to pursue: hard or soft. Yet, unlike in instances of treaty rejection, the EU made no counter offer to avoid a breakdown in relations that would follow the hardest of exits. This remarkable unity in not discounting the possibility of a hard Brexit demonstrates that UK withdrawal is very distinct from previous wrangles over EU reform. Drawing on the work of Kissinger, this article argues Brexit is a revolutionary act that denies the legitimacy of the EU order. Hence this process does not conform to other episodes of differentiation. When Westminster sought opt‐outs, it did not reject the core principles of integration. By not seeking to oppose a hard Brexit, Brussels has forced the UK government to find a new legitimising principle to govern EU–UK relations, transferring the burden of adjustment to London.     

论法律选择中的替代条款——兼评《涉外民事关系法律适用法》第41条

替代条款要求在案件与一国有更密切联系时,排除冲突规则对案件的适用,发挥最密切联系原则的矫正功能。替代条款是法律选择的灵活性超越确定性的明证,是＂方法＂对＂规则＂的融合和革新,是英美法的自由裁量主义和大陆法的严格规则主义的较量。替代条款的盛行同样诠释了法的正义价值和安全价值之间博弈发展的古老命题,彰显了法律现实主义在冲突法领域的一度勃兴和鼎盛。《涉外民事关系法律适用法》在合同领域没有采用我国已有立法和各国立法中的替代条款,实为一大憾事。     

美国“201条款”与新贸易保护主义政策分析

美国以国内贸易法“2 0 1条款”为依据 ,掀起了新一轮贸易保护主义浪潮。美国的“2 0 1条款”与WTO的“保障措施协定”存在抵触。钢铁贸易保护是一种单边主义行为 ,将对世界贸易组织的稳定带来巨大的冲击。中国必须作出应对的战略选择 ,维护国家经济主权     

《民事诉讼法》修改与不予执行仲裁裁决——以北京仲裁委员会为对象的实证分析

目前学界和仲裁界对《民事诉讼法》第213条规定的不予执行仲裁裁决的条件是否修改及怎样修改存在较大争议。为了给相关讨论提供有益素材,有必要取得来自仲裁及司法实践的第一手资料并作实证性的考察。通过对北京仲裁委员会1995-2010年仲裁裁决被不予执行的裁定进行分析发现,影响不予执行的因素是多元的。从实务的视角出发,至少应把第213条第(四)款牵涉事实认定的事由统一到《仲裁法》第58条作为撤销仲裁裁决事由的"伪造或隐瞒证据"的规定上去。     

七种药物对微小牛蜱的半数致死浓度测定

用浸渍法测定了楝素、三氟氯氰菊酯、苦皮藤、高效氯氰菊酯、溴氰菊酯、哒嗪酮、螨净 7种药物对未吸血的微小牛蜱 (Boophilusmicroplus)幼蜱、若蜱、成蜱及其饱血雌蜱的半数致死浓度(LC50 )。结果显示 ,所用药物中半数致死浓度最低的 3种药物是楝素、三氟氯氰菊酯、苦皮藤。植物性杀虫剂楝素对未吸血微小牛蜱的幼蜱、若蜱、成蜱及饱血雌蜱的半数致死浓度分别为3.0 1～ 3.13、4 .37～ 4 .77、11.18～ 11.36、2 75 .5 0～ 2 76 .5 0mg/L ;植物性杀虫剂苦皮藤对未吸血微小牛蜱的幼蜱、若蜱、成蜱及饱血雌蜱的半数致死浓度分别为 4 .2 2～ 4 .4 2、10 .30～ 10 .5 0、82 .5 0～82 .70、6 35 .30～ 6 36 .70mg/L ;人工合成的除虫菊酯类的三氟氯氰菊酯对未吸血微小牛蜱的幼蜱、若蜱、成蜱及饱血雌蜱的半数致死浓度分别为 3.4 2～ 3.4 4、7.10～ 9.0 6、4 2 .30～ 4 2 .5 0、5 45 .5 0～5 46 .70mg/L。     

The Enjoyment of Rights and Freedoms: A New Conception of the 'Ambit' under Article 14 ECHR

Article 14 of the European Convention on Human Rights, as applied by the UK judiciary under the Human Rights Act 1998, is in danger of becoming as 'parasitic' as it is often described. Judges have inappropriately narrowed the scope of the 'ambit' of other Convention articles, and thus limited the number of claims to which Article 14 can apply, by defining it according to considerations more properly weighed in a justification analysis incorporating proportionality. The emerging approach departs from Strasbourg jurisprudence, and fails to give full effect to the language and intent of Article 14. This trend need not continue. This article begins the process of fashioning a new conception of the ambit of Convention articles: one that could change the fortunes of Article 14 cases in the UK, but that flows naturally from the precedents of the European Court of Human Rights, and gives effect to the spirit of the HRA.