商事仲裁在法价值意义上的探讨

商事仲裁作为解决争议的一种救济方式,相对于调解、诉讼,有其独特的优势所在,这也是仲裁在法价值意义上值得探讨之处。本论文即从商事仲裁的概念、范围引申出仲裁与调解、诉讼的异同比较,然后说明仲裁特有的优势,最后探讨仲裁在法价值上的意义,并从中体现仲裁最终达到正义、公平的法的价值的目的。     

论法庭科学实验室认可的特殊要求

本文从价值观、证据资格和优质法庭科学服务3个方面分析了法庭科学实验室认可特殊性的产生根源;分析和总结了ILAC和部分国家法庭科学实验室认可的特殊要求,给此项工作在我国的开展提供了借鉴。     

Evaluation of methyl tert-butyl ether (MTBE) as an interference on commercial breath-alcohol analyzers.

Anecdotal reports suggest that high environmental or occupational exposures to the fuel oxygenate methyl tert-butyl ether (MTBE) may result in breath concentrations that are sufficiently elevated to cause a false positive on commercial breath-alcohol analyzers. We evaluated this possibility in vitro by establishing a response curve for simulated breath containing MTBE in ethanol. Two types of breath-alcohol analyzers were evaluated. One analyzer's principle of operation involves in situ wet chemistry (oxidation of ethanol in a potassium dichromate solution) and absorption of visible light. The second instrument uses a combination of infrared absorption and an electrochemical sensor. Both types of instruments are currently used, although the former method represents older technology while the latter method represents newer technology.The percent blood alcohol response curve was evaluated over a breath concentration range thought to be relevant to high-level environmental or occupational exposure (0-361 microg/l). Results indicate that MTBE positively biases the response of the older technology Breathalyzer when evaluated as a single constituent or in combination with ethanol. We conclude that a false positive is possible on this instrument if the MTBE exposure is very high, recent with respect to testing, and occurs in combination with ethanol consumption. The interference can be identified on the older technology instrument by a time dependent post-reading increase in the instrument response that does not occur for ethanol alone. In contrast, the newer technology instrument using infrared and electrochemical detectors did not respond to MTBE at lower levels (0-36 microg/l), and at higher levels (>72 microg/l) the instrument indicated an "interference" or "error". For this instrument, a false positive does not occur even at high MTBE levels in the presence of ethanol.     

预售商品房买受人期待权的民法保护

商品房预售是房地产开发的一种主要筹资方式。商品房预售合同签订后,作为买卖标的物的商品房尚未建成,买受人仅取得预售商品房所有权的期待权。尽管物权法和债权法有些概括性规定对预售商品房期待权的保护起了一定作用,但远不能最大限度地保护买受人所享有的期待利益。完善我国民事立法的相关规定,有助于从根本上维护预售商品房买受人的期待权,实现买受人最终获得商品房所有权的目的。     

Applying the applicable law： The ex aequo et bono provision of the FAT Rules

One of the characteristics of arbitration is the freedom of the parties to choose the applicable law, i.e., the law governing the merits of the dispute. According to the FAT Rules （art. 15.1）, ＂Unless the parties have agreed otherwise the Arbitrator shall decide the dispute ex aequo et bono, applying general considerations of justice and fairness without reference to any particular national or international law.＂ In fact in almost all the cases ruled by FAT, the parties choose the application of ex aequo et bono.     

The criminal act of commercial surrogacy in Australia: a call for review

Australian surrogacy legislation punishes the pursuit of a commercial surrogacy arrangement as a criminal offence. Such legislation was first introduced in Victoria in 1986 and has since been applied in every Australian jurisdiction except for the Northern Territory. The current application of criminal law is based upon this 1980s policy which has never been subject to public debate. This article argues that the continued application of criminal penalties to commercial surrogacy requires review.     

The Human Rights Act 1998: research,freedom of speech and academic freedom

This article will consider rights to receive and express information and ideas from the perspective of the researcher, the researched, the researcher's institution and the wider community. It will also consider how the courts will resolve the inevitable conflicts between these rights. It does not address the right to education enshrined in Article 2 of the First Protocol² but rather the other Convention Articles, particularly Article 10, particularly relevant to the conduct of intellectual inquiry. It is intended to underline the potential reach of the Act for all public bodies which seek to be learning organisations, and the consequent need for such bodies to review their practices and procedures before the Act comes into force on 2 October 2000.