REVIEW OF REGULATORY FRAMEWORKS FOR CONTAMINATED LAND IN CHINA

China is suffering severe soil contamination,but no specific national legislation has been adopted to address this issue.Under the current regulatory framework,there are numerous relevant provisions on contaminated land management.It is recommended that a specific legislation should be promulgated at the national level to improve the current situation.Foreign experiences shouM be considered in China's specific social environmental context.A proper liability mechanism should be established for a better judicial treatment to contaminated land issues.While a proper contaminated land liability mechanism is being developed,the principles of state liability and retroactive liability,and the principle that polluters pay should be followed Public participation should be encouraged in contaminated land management.     

物权变动规则的体系化 评《物权法草案》第二章

<正>一、引言近现代民法典以概念主义所主导的体系化为基本特质,目的在于通过特定逻辑操作,使意义精确的概念和规则能自洽地连接成有机一致的体系,这正是潘德克顿科学思想的立法表达。我国物权法草案(下称草案)中的物权变动规则同样如此,无论从"公示"和"不动产登记"、"动产交付"之间的上下位关联,还是从第二章作为物权变动的通则既具体化了第一章的第4条,又给其他各章中的特定物权变动提供了框架性指导,都强烈表达了立法者在设计物权变动规则时所为的体系化努力。     

MEASURING THE THREAT OF GLOBAL CRIME: INSIGHTS FROM RESEARCH BY THE LEAGUE OF NATIONS INTO THE TRAFFIC IN WOMEN*

Despite increasing concern about the threat of global crime, it remains difficult to measure. During the 1920s and 1930s, the League of Nations conducted the first social‐scientific study of global crime in two studies of the worldwide traffic in women. The first study included 112 cities and 28 countries; researchers carried out 6,500 interviews in 14 languages, including 5,000 with figures in the international underworld. By drawing on archival materials in Geneva and New York, this article examines the role of ethnography in developing a social‐science measure of global crime threats. The discussion covers the Rockefeller grand jury and formation of the Bureau of Social Hygiene; the League's research in Europe, the Americas, and the Mediterranean; controversy concerning the use of undercover researchers; the League's research in Asia; and the end of the Bureau. The League's experience demonstrates the promise of multisite ethnography in research about global crime as well as the difficulty of mapping crime on a global scale.     

THE ROLE OF THE NATIONAL JUDGE IN EUROPEAN STATE AIDS SECTOR

The article analyses the role and powers of the national judge in the context of State Aids litigation in light of the EU Commission＇s policy adopted in 2009. By analysing the EU Commission＇s policy designed to stimulate the interest of privates to claim judicial protection in front of the national Judge and the judgements of the European Court of Justice, the paper illustrates benefit and problems arising from the enforcement of EU Law in the domestic courts. The paper is focused on the role of the national judge in European state aids sector analyzing the state aids from the national Judge＇s perspective. It is highlighted that the judicial tools are available for the national judge to address the EU Commission and the EU Courts in order to receive support, if needed. Considering that the national Judge cannot analyse State aid＇s compatibility with the EU market-- because this competence belongs only to the EU Commission--it is of the outmost importance that the national judiciary is aware of its role. The EU jurisprudence illustrates that control of legitimacy operated by the Commission and the formal control operated by the national Judge are separate, but complementary to each other. The intervention of the national Judge is to reduce the anti-competitive effect of illegal supports supplied. The role of the national Judge appears very large as he enjoys some precautionary duties--such as the interruption of the aid＇s allocation and the revocation of it--and some curative duties--as the compensation for damages condemning the Member State or the beneficiary.     

含混不清的“占有” 《物权法》草案“占有”概念之分析

<正>《中华人民共和国物权法(草案)》(以下简称《草案》)在第20章规定了"占有",共设有7个条文。这是我国民事立法第一次系统地对占有制度加以明确规定。在各种物权类型之处单设关于占有之规定,这本身就体现了物权立法向传统民法理论的靠拢,值得称道。然而,《草案》不仅只有6个条文,显然过于简单,而且立法者究竟在何种意义上理解"占有"并构造其基本规范也是一个值得追问的问题。本文拟结合《草案》的相关规定,以占有的概念和性质为中心,就占有制度的核心问题展开讨论,并进而检讨《草案》部分条款的得失。     

物权法草案中“权利质权”规定内容评析

<正>毫不夸张地说,现代社会中,权利质押担保功能及其适用范围已经远远超出了动产质押,其原因就在于:动产抵押原则上与担保制度功能相矛盾。一方面,出质人必须在生产经营中继续使用乃至加工自己的动产,让渡对动产的占有去获得资金融通显然妨害了企业的日常经营活动。另一方面,作为质权人,通常是银行,其占有出质物并无太多的益处,其必须谨慎妥善保管该出质物,而这又违反了市场经济中的专业化分工。所以,动产抵押、让与担保、所有权保留等新型担保形式逐渐取代传统物权法中以转移占有为基础的动产质押。由于现代企业的资产     

THE EXERCISE OF POWER IN COERCIVE ORGANIZATIONS: A STUDY OF PRISON GUARDS*

If the power of prison guards has been altered and reduced by recent social, legal, and bureaucratic instructions in American prisons, as has been reported by many observers, then what is the base of power by which guards currently exert control over prisoners? Following a discussion of the bases of power in prison, data from a survey of guards in five prisons are examined to determine the extent to which each power base is viewed as a resource to gain prisoner compliance. The results are discussed in terms of the guards’exercise of control within the increasingly bureaucratic structure of coercive organizations.     

物权立法应当缓行 评《物权法草案》第九章

<正>一、概说《中华人民共和国物权法(草案)》(以下简称《物权法草案》)已经公布,并向社会公众征求意见。该草案历经多次审议,但其第9章"所有权取得的特别规定"相关内容一直未引起立法机关重视,在标题设计、规范设计等方面存在不妥之处,同时存在着立法漏洞,这充分说明《物权法》立法的理论准备不足,颇值重视。