正本清源 还原海上货运代理的传统职能——以《中华人民共和国合同法》第403条为基础构建中国的海上货运代理制度

中国没有具体的货运代理的法律制度,主要通过《中华人民共和国民法通则》《中华人民共和国合同法》《中华人民共和国海商法》的相关规定调整货运代理行为,实践中有不同的理解与争论。从中国海上货运代理行业的特点出发,以发达市场的做法为背景,分析了中国货运代理实行间接代理制度的根据与优势,探讨了货运代理的身份识别、代理权限、转委托、维护货主利益的义务等问题,提出了应当以《中华人民共和国合同法》第403条为基础构建中国的海上货运代理制度的观点。     

关于《中国国际货运代理协会标准交易条件》的法律问题思考

本文分析了《中国货运代理协会标准交易条件》对货运代理人作为“代理人”和“当事人”不同身份的界定,并针对如何扩大其适用范围做了阐述;此外还探讨了货运代理人在享有货物留置权的同时是否还享有单证留置权,以及有关的时效是否与中国《海商法》冲突和解决的途径。     

中华人民共和国国际货物运输代理业管理规定实施细则

第一章　总　　则第一条　为维护国际货运代理市场秩序,加强对国际货运代理业的监督管理,促进我国国际货运代理业的健康发展,经国务院批准、根据原外经贸部1 995年6月2 9日发布的《中华人民共和国国际货物运输代理业管理规定》(以下简称《规定》)制订本细则。第二条　国际货物运输代理企业(以下简称国际货运代理企业)可以作为进出口货物收货人、发货人的代理人,也可以作为独立经营人,从事国际货运代理业务。国际货运代理企业作为代理人从事国际货运代理业务,是指国际货运代理企业接受进出口货物收货人、发货人或其代理人的委托,以委托人名义…     

中华人民共和国国际货物运输代理业管理规定实施细则（试行）

第一章总则第一条为维护国际货运代理市场秩序，加强对国际货运代理业的监督管理，促进我国国际货运代理业的健康发展，根据经国务院批准的、由对外贸易经济合作部（以下简称外经贸部）1995年6月29日发布的《中华人民共和国国际货物运输代理业管理规定》（以下简称《规定》制订本细则。第二条国际货物运输代理企业（以下简称国际货运代理企业）可以作为进出口货物收货人、发货人的代理人，也可以作为独立经营人，从事国际货运代理业务。国际货运代理企业作为代理人从事国际货运代理业务，是指国际货运代理企业接受进出口货物收货人、发货人…     

FOB条件下卖方优先获得提单权问题研究

针对FOB条件下卖方是否有权优先取得提单的实践难点,采取实证分析与理论分析相结合的研究方法,具体论述了卖方有权向承运人主张取得提单的适用条件、实务及理论依据,辩证阐述了《最高人民法院关于审理海上货运代理纠纷案件若干问题的规定》解决本问题的立法初衷、规范效果以及适用不足,提出卖方作为实际托运人在特定情形下有权优先取得提单,鉴于《最高人民法院关于审理海上货运代理纠纷案件若干问题的规定》适用的内在缺陷,应当通过修订《中华人民共和国海商法》条款加以解决.     

修改《中华人民共和国海商法》的诉求与时机

从中国航运业和国际国内相关立法发展以及《中华人民共和国海商法》（简称《海商法》）自身不足的角度出发,分析修改《海商法》的必要性,并在此基础上提出,中国海事诉讼与仲裁实践经验以及成体系性的司法解释为《海商法》的修改提供了可能性,而《鹿特丹规则》的出台更为《海商法》的修改提供了时机性。     

最高人民法院关于审理海上货运代理纠纷案件若干问题的规定

1.2012年2月27日最高人民法院公布2.法释〔2012〕3号3.自2012年5月1日起施行为正确审理海上货运代理纠纷案件,依法保护当事人合法权益,根据《中华人民共和国民法通则》、《中华人民共和国合同法》、《中华人民共和国海商法》、《中华人民共和国民事诉讼法》和《中华人民共和国海事诉讼特别程序法》等有关法律规定,结合审判实践,制定本规定。     

从民商法角度浅析国际货运代理中的法律风险及防控措施

随着改革开放三十年中国经济的高速发展，国际货运也取得长足发展。国际货运代理是连接国际贸易的中间桥梁，对于我国进、出口贸易的发展有促进作用。由于我国货运代理企业法律意识不够强尤其是对民商法，导致近年来企业在代理过程中状况频频，本文就货运代理企业在代理过程中的法律风险和风险下的防控措施进行探讨分析。     

外商投资国际货物运输代理企业管理规定

第一条 为促进中国国际货运代理业的健康发展,规范外商投资国际货物运输代理企业的设立及经营行为,根据国家有关外商投资企业的法律、法规和《中华人民共和国国际货物运输代理业管理规定》,制定本规定。 第二条 本规定所称的外商投资国际货物运输代理企业     

对货代签订运输合同效力和无船承运人留置权问题的思考

《中华人民共和国国际海运条例》在中国首次确立了无船承运业务经营者法律制度。《海运条例》的颁布实施，意在从行政法规角度将无船承运人从货运代理业务中分离出来，以解决货运代理服务市场混乱的现状。笔者试通过对确立无船承运业务经营者法律制度意义之分析，对不适格的无船承运人签订海上货物运输合同的效力和无船承运人介入后的货物留置权问题提出自己的一点拙见。     

The relationship between bedding and face-down death in infancy: mathematical analysis of a respiratory simulation system using an infant mannequin to assess gas diffusibility in bedding

Rebreathing is a model for the relationship between a prone sleeping position and sudden infant death syndrome. This study used a mechanical simulation model to establish the relationship between types of bedding and rebreathing potential for an infant placed prone (face down) at different postnatal ages. The infant mannequin was connected to a respirator set to deliver physiologically appropriate combinations of tidal volume (V(T)) and respiratory rates (RR) across a range of postnatal ages (0-18 months). Before measurements were made, CO(2) flow was regulated to 5+/-0.1% of end-tidal PCO(2) (EtCO(2)). After the model was placed in a prone position, any increase in the fractional concentration of inspired CO(2) (FiCO(2)) was measured. FiCO(2) increased immediately and rapidly, and reached a maximum value within a few minutes. The maximum FiCO(2) ranged from under 2% to over 10%, depending on the bedding. FiCO(2) was also affected by V(T) and RR. This model is not applicable to actual infants because of the large tissue stores of CO(2) in infants; however, it is useful for evaluation of gas diffusibility of bedding and will simplify the investigation of sleeping environments when a baby is found dead with its face covered by soft bedding. In general, the higher the FiCO(2), the greater the rebreathing potential. Theoretically, considering the paucity of body stores of O(2), changes in FiO(2) would be affected not by changes in FiCO(2), but by CO(2) production and gas movement around the infant's face. The rapid decrease of FiO(2) is approximated at the inverse of the FiCO(2) timecourse, suggesting the significance of not only CO(2) accumulation but also O(2) deprivation in the potential space around the baby's face.     

Species identification of Papaver by metabolite profiling

This paper analyses and discusses arguments that emerge from a recent discussion about the proper assessment of the evidential value of correspondences observed between the characteristics of a crime stain and those of a sample from a suspect when (i) this latter individual is found as a result of a database search and (ii) remaining database members are excluded as potential sources (because of different analytical characteristics). Using a graphical probability approach (i.e., Bayesian networks), the paper here intends to clarify that there is no need to (i) introduce a correction factor equal to the size of the searched database (i.e., to reduce a likelihood ratio), nor to (ii) adopt a propositional level not directly related to the suspect matching the crime stain (i.e., a proposition of the kind 'some person in (outside) the database is the source of the crime stain' rather than 'the suspect (some other person) is the source of the crime stain'). The present research thus confirms existing literature on the topic that has repeatedly demonstrated that the latter two requirements (i) and (ii) should not be a cause of concern.     

Suicide by cop among female subjects in officer-involved shooting cases

An analysis of suicide by cop (SBC) among female subjects in a large sample (n = 707) of officer-involved shootings (OIS) is reported. Women represented 3% of the total sample (n = 21) and 5% (n = 12) of the 256 SBC cases. Therefore, 57% of the women (n = 12) were classified as SBC, and 81% of the women (n = 17) behaviorally evidenced some suicidal motivation. The results underscore that when a female subject becomes involved in a situation leading to an OIS, there is a very high likelihood that she is motivated to be intentionally killed. She is almost guaranteed to have a diagnosed mental disorder, has been prescribed psychiatric medications, and is abusing a substance at the time, most likely alcohol. Nevertheless, she also poses a serious risk of injury to both police officers and civilians during the encounter and will possess a firearm half the time. The wish for suicide is often precipitated by serious relationship issues. Comparisons are made to the male subjects in our previous study.     

A study of the evaporation of a solvent from a solution--application to writing ink aging

When writing ink is placed on a substrate, a drying process begins. This process is dependent on the composition of the ink and of the substrate. Lociciro et al. provide an equation that describes the drying process based on models developed by earlier investigators. The work given here develops an equation for the drying process that is based on a different and rather simple model. This model considers the evaporation of a solution in an opened vertical container (e.g., a beaker) and consists of a volatile, non-hygroscopic solvent with a non-volatile solute dissolved in it. Three assumptions are made: (a) the rate of evaporation is proportional to the vapor pressure of the solution and to the solution's exposed surface area, (b) this solution vapor pressure is proportional to the solvent vapor pressure with the proportionality constant being the solvent mole fraction (Raoult's law), and (c) a small fraction of the solvent remains trapped in the solute after evaporation ceases. What results is a differential equation, which, when solved, gives the solvent weight W(t) as an implicit function. What emerges naturally from this treatment is the fact that the function W(t) can have a point of maximum acceleration. Prior to this point the drying process is fast and after this point, the drying process is slow. An approximation to W(t) is taken to be the sum of two exponential functions, one describing the fast drying region and the second describing the subsequent slow drying region. Upon including an additive constant, this approximation turns out to be similar to, but not the same as that provided by Lociciro et al. However, their equivalence is shown and then tested using the two inks examined by Lociciro et al. (the drying of a Bic and a Staedtler blue ballpoint ink). The examples of (solvent+solute) systems ("inks") given here consist of the solvent (2-phenoxyethanol) and a solute such as a dye (crystal violet) or a polymer resin such as synthetic resin SK or polyvinyl butyral. In the case of polymers, the Raoult's law assumption is replaced with one developed by the Flory-Huggins theory of solutions. Saturation and film formation, both of which slow the evaporation rate, are also discussed.     

The scope of punishment: an economic theory

The harm caused by many acts is not certain but probabilistic. Current public enforcement of the law combines harm-based sanctions (usually in criminal law) with act-based sanctions (very common in administrative law and regulation). We propose an economic theory of the choice between harm-based and act-based sanctions in public enforcement. The efficiency of act-based versus harm-based sanctions is analyzed and a typology of the determinants is drawn up. Our model suggests that harm-based sanctions are more efficient when (1) acquiring information about the act is important, (2) engaging in harm avoidance activities is advisable, (3) judgment-proofness is not a very significant problem, (4) punishment is especially costly, (5) changes in law are expensive or difficult to negotiate and (6) on average, potential criminals are better informed than the government about losses for society. Legal policy implications are discussed.     

Gm(11) grouping of dried bloodstains

An absorption inhibition method for the detection of gamma marker Gm(11) in dried bloodstains is described. Particular reference is made to the association of Gm(11) with Gm(-1, -2). When a dried bloodstain fails to inhibit anti-Gm(1) and anti-Gm(2), this may represent a true Gm(-1, -2) result or there may be insufficient material to inhibit either antibody. The detection of Gm(11) in a bloodstain extract provides an objective means of confirming the apparent absence of Gm(1) and Gm(2) as representing a true Gm(-1, -2) result. This antigen compares very well with other blood group systems with regard to the amount of bloodstain required for analysis and its stability. No evidence is available for preferential loss of Gm(1) and Gm(2) relative to Gm(11) in dried bloodstains.     

Procedural goods in a democracy: How one is treated versus what one gets

There are four classes of procedural goods, each of which is an appropriate ground for answering the question: “Is this a fair procedure?” (i) It is unfair not to treat a person with dignity; the dignity goods are self-respect, personal control, and an understanding of the procedures that determine relevant outcomes. (ii) It is unfair to impose upon a person heavy (net) costs, such as overburdened cognitive capacities and high information costs, excessively painful interpersonal conflict, threats beyond those inherent in the situation, and humiliation. (iii) It is unfair to disregard (but not necessarily to violate) the person's own sense of justice, the codes of honor and practice of his own group and culture. And, of course, (iv) it is unfair to use a procedure that does not have the highest probability of achieving distributive or retributive justice. Few of the standard articles of democratic theory (e.g., liberty, equal treatment before the law, rights, and sharing of power) offer sufficient protections for the first three of these procedural goods.     

Is Coercion a Ground of Distributive Justice?

In his rich and stimulating book, Blake argues (among other things) that comprehensive coercion triggers egalitarian obligations of distributive justice. I argue that (1) coercion is not a necessary condition for egalitarian justice to apply; (2) Blake’s use of a moralised conception of coercion is a mistake; (3) coercion is a redundant member of any set of sufficient conditions that might explain why distributive justice applies; (4) Blake’s emphasis on providing conditions for the exercise of autonomy might support a much more cosmopolitan theory of distributive justice.     

Bank security dye packs: synthesis, isolation, and characterization of chlorinated products of bleached 1-(methylamino)anthraquinone

Banknote evidence is often submitted after a suspect has attempted to disguise or remove red dye stain that has been released because of an anti-theft device that activates after banknotes have been unlawfully removed from bank premises. Three chlorinated compounds have been synthesized as forensic chemical standards to indicate bank security dye bleaching as a suspect's intentional method for masking a robbery involving dye pack release on banknotes. A novel, facile synthetic method to provide three chlorinated derivatives of 1-(methylamino)anthraquinone (MAAQ) is presented. The synthetic route involved Ultra Clorox bleach as the chlorine source, iron chloride as the catalyst, and MAAQ as the starting material and resulted in a three-component product mixture. Two mono-chlorinated isomers (2-chloro-1-(methylamino)anthraquinone and 4-chloro-1-(methylamino)anthraquinone) and one di-chlorinated compound (2,4-dichloro-1-(methylamino)anthraquinone) of the MAAQ parent molecule were detected by gas chromatography mass spectrometry (GC-MS), and subsequently isolated by liquid chromatography (LC) with postcolumn fraction collection. Although GC-MS is sensitive enough to detect all of the chlorinated products, it is not definitive enough to identify the structural isomers. Liquid-state nuclear magnetic resonance (NMR) spectroscopy was utilized to elucidate structurally the ortho- and para-mono-chlorinated isomers once enough material was properly isolated. A reaction mechanism involving iron is proposed to explain the presence of chlorinated MAAQ species on stolen banknotes after attempted bleaching.     

Antigenic differentiation of blood stains by the Lewis system in practical forensic medical expert evaluation

A modification of quantitative absorption and absorption elution tests with blood stain washing before the absorption phase is presented. Due to washing, the effect of carrier object on anti-Le(a) and anti-Le(b) sera is decreased and the sensitivity of the method is increased. Additional adsorption of the sera and elution into test erythrocytes treated with protease C is suggested for increasing the number of standard sera fit for the absorption-elution test. A new technology for preparing anti-Le(a) and anti-Le(b) immunoreagents is described.