保险服务者说明义务的边界——兼评《中华人民共和国保险法》第17条

天然信息不对称的保险市场中,由于对交易内容认识差距的存在,使保险消费者与保险服务者之间的利益冲突日趋激烈。严重的信息不对称带来的利益失衡使更多的焦点集中于保险服务者义务的履行——尤其是说明义务的强化与关注。在保险服务者与保险消费者利益的博弈中,应以利益衡平原则为指导,寻找各方利益的平衡点,缓和信息不对称之下保险合同当事人之间的矛盾,界定保险服务者义务的边界,以保证保险市场健康有序地发展。     

论企业对雇员的社会责任

企业不能仅仅作为谋求股东利益最大化的工具,而应当负有维护和增进利益相关者(这些利益相关者包括雇员、客户、债权人、社区以及社会公众)的义务.尤其是知识经济的到来,企业的生存、发展与效率越来越依赖于人力资本,企业对雇员承担社会责任是经济发展的客观要求,是公正与效率的表现,有利于促进企业与内外部环境的可持续发展.     

Estimating the degree of ethanol intoxication from analysis of cerebro-cranial hematomas

314 cases of combined cerebro-cranial trauma and posttraumatic intracranial hematomas were identified of which ethanol was detected in 114 hematomas. The other investigative group was 103 hospitalized patients who had hematomas evacuated during neurosurgical procedures. In 62 of these cases ethanol was detected. Blood and urine samples were also collected and the alcohol concentration was determined in all specimens by GC and ADH. The ethanol elimination rate for autopsy and operative intracranial hematomas was approximately 0.07–0.08‰/h(±0.034‰/h). The elimination rate of ethanol from blood (β₆₀) was about two or three times greater as that from hematomas. Because of the different water content of intracranial hematomas from blood, it was necessary to adjust the ethanol concentration for water content. On the basis of the corrected ethanol concentrations and the elimination rates for both tissues it was possible to estimate the ethanol concentration at the time of injury. Intracranial hematomas are tissues of possible value in the determination of alcohol intoxication especially in alcoholism. Ethanol can be found in hematomas even after 72 h from head injury.     

Post-mortem blood alcohol concentration of the traffic accident victims and changes in DUI legislation in Slovenia 1980–2006

This study aims to contribute to the analysis of the impact of alcohol consumption on road traffic safety in Slovenia and to evaluate the effectiveness of the changes in road traffic safety legislation concerning this issue within the period 1980–2006. For this purpose we have performed a retrospective analysis of 1913 autopsy reports on traffic casualties, with an emphasis on their blood alcohol concentration (BAC), mode of participation in traffic (drivers, pedestrians, etc.) and the impact of legislation changes. In addition, we have analysed the relations between BAC, the time and day of death and the gender of victims. Changes in the legislation were made in 1981, 1985, 1988, 1989, 1990, 1998 and 2005, yet only those made in 1981, 1990 and 1998 resulted in the increase of the actual fines. Within the observed period there was a substantial reduction in the average BAC in almost all of the categories of traffic participants (pedestrians: from 1.20 to 0.73; passengers: from 1.08 to 0.56; cyclists: from 1.11 to 0.56; motorcyclists: from 0.68 to 0.33) except in the category of drivers (negligible reduction from 0.81 to 0.76). Insufficient improvement in the latter category is extremely important, because many sober vulnerable traffic participants become victims of drunk drivers. Further concern arises from the finding that heavily drinking drivers are not responsive to penalty increases. We came to the conclusion that, in addition to raising fines and expanding penalty points, the introduction and effective enforcement of complex legislative measures together with wide community action are necessary to resolve DUI problems in Slovenia.     

Law as a Social Construction and Conceptual Legal Theory

Law and Philosophy - A currently popular view among legal positivists is that law is a social construction. Many of the same legal philosophers also argue that before one can study law empirically,...     

From a Cockroach’s Point of View: The Metamorphosis of Perception in Kafka

The article offers a reading of the famous tale by Kafka focused on the consequences triggered by the sudden transformation of Gregor Samsa into an insect. This event constitutes the starting point of a shift that involves phases and components of perception both of the self and of the world as well as the relations among the inner and the external world, the most elementary awareness and feelings and the most complex ones, which are affective, cognitive and related to interactions, expressed with particular emphasis by the dynamics of the spatial dimension of the story. Two discursive paths intersect above all: on one side, the traveling salesman wakes up with the/in the body of cockroach while his soul is the same as always. He will have to try to become cockroach, that is to assume its perceptions and then, slowly, its tastes, its impressions and any other animal sentiment. At the same time, the becoming of Gregorio’s family will be antiphrastic to the one experienced by him: from inept, passive parasites of their akin, as they are depicted at the beginning of the story, his family members will gradually turn into active bourgeoisies full of projects, rejecting Gregory up to eliminate him: they are the ones dehumanizing themselves, while Gregory refines his sensitivity in suffering, even to the sacrifice.     

Regulated and unregulated insider trading around earnings announcements

This paper analyses insider trading behaviour around annual and interim earnings announcements during changing legislative environments in Sweden from 1980 to 2003. Using a unique data set, we are able to explore the nature of insider trading patterns from unregulated to strongly regulated insider trading markets. We find limited evidence of opportunistic insider trading. Insiders seem to be reluctant to sell stocks before positive earnings announcements. They also tend to time their trades in conjunction with an immediate post-announcement period, i.e. “safety trading”, which becomes more evident within stronger legislation environments. Some support for contrarian trading behaviour is also found.

试论俄罗斯刑事附带民事诉讼赔偿制度

在国际人权保障制度中,对被害人人权保障是一项非常重要的内容,其中确立给予被害人精神损害赔偿,目前世界许多国家在立法上都有规定。现行的《俄罗斯联邦刑事诉讼法典》确立了刑事附带民事诉讼制度,对刑事被害人的精神损害赔偿问题进行了较为明确的规定。第44条规定了附带民事诉讼的民事原告人对于犯罪行为所受到的直接损害可以要求物质损害赔偿和精神损害赔偿。这种规定能够保障使得财产蒙受损失的被害人的正常生活或生产活动,对被害人精神上受到的伤害进行抚慰,从而全面地维护其合法权益。俄罗斯刑事附带民事诉讼赔偿制度在一定程度上为人权保障与国际接轨建立了通道。     

从纠偏束权到集成创新:巡视制度的生成机制与演变逻辑

巡视制度是政治监督体系的重要组成部分。针对有限理性下的官员谋利、多重委托-代理关系中的信息级差、层级传递过程中的权威流失等现象,巡视通过制度联动,发挥了纠偏束权功能。党的十八大以来,巡视制度不断创新完善,实现了从纠偏束权到集成创新的范式演变,具体表现为从纠偏威慑到组织权威重塑、从单向问责到双向责任约束、从片状覆盖到网状扩散、从正向过程反馈到逆向结果复查等变化。党内巡视制度的变迁不是一种临时性的替代安排,而是传统巡视方式和新型监督关系的交融,其演变是渐进、长期、全面和深刻的。在全面从严治党的背景下,巡视制度优化了权力监督结构,拓宽了信息渠道,增加了政治信任和政治稳定,在实现巡视与反腐协同联动方面发挥了关键作用。     

“绿色原则”视阈下预重整制度的功能性建构

《中华人民共和国民法典》规定“绿色原则”的基础含义为环境保护,其深层表达为节约资源和可持续发展。“绿色原则”既促进人与自然的和谐发展,也表达了资源、资本的可持续利用。破产法作为市场经济的重要法律,兼具市场出清和挽救再生的双重功能。其中预重整制度因其有效提高破产重整成功率,挽救债务企业于困境,是“绿色原则”在破产法中张力的重要体现。预重整制度一面可以通过简化程序节约司法资源、社会资源,另一面还可以延续债务人经验、商誉,避免浪费、最大化促进债务人可持续发展。