Governance Arrangements for Transboundary Issues: Lessons from the Food Waste Programs of Italian Regions

Focusing on transboundary issues contributes to highlighting how new governance modes can emerge from increasing interdependence and complexity in public policies. This article analyzes food waste as a transboundary issue that cuts across different policy subsystems (PSs), intersects multiple levels of government, and calls into question consolidated policy making for new modes of governance. The analytical framework provides a multidimensional approach and a new typology of governance arrangements to be used in empirical research. Evidence from an Italian case study and an empirical investigation of 20 regional food waste programs shows that regions can adopt different driving ideas and can activate a variety of governance arrangements and differentiated, as well as viable, modes of integration between consolidated PSs. The article argues that different tool mixes combined with different levels of governance complexity may lead to a variety of governance arrangements and a differentiated likelihood of policy integration.     

食品监管渎职罪的主观罪过探析

食品监管渎职罪条文中“滥用职权或者玩忽职守”的规定表明其与滥用职权罪和玩忽职守罪有直接的联系,故此有学者认为食品监管渎职罪兼具故意和过失两种罪过形态,突破了传统刑法的单一罪过说。刑法总则中故意和过失的确定是针对危害结果而非危害行为而言,滥用职权罪和玩忽职守罪的主观罪过均应是过失,食品监管渎职罪没有突破单一罪过说。     

论食品安全责任中的惩罚性赔偿

针对食品安全案件中食品生产者、销售者的惩罚性赔偿责任,《消费者权益保护法》第四十九条规定为合同责任,《侵权责任法》第四十七条规定为侵权责任,《食品安全法》第九十六条根据具体情况既可附加于合同责任又可附加于侵权责任中。三法所规定惩罚性赔偿责任在构成要件、赔偿范围方面各有不同。在构成竞合的情况下,在合同责任内部,《食品安全法》第九十六条第二款应为特别法;在侵权责任内部,应当允许受害人根据个案选择适用《食品安全法》第九十六条或《侵权责任法》第四十九条。     

International sources of environmental policy change in China: the case of genetically modified food

Abstract

China's agricultural biotechnology policy has undergone a profound transformation over the last decade, from a strongly promotional to a more precautionary approach. From the 1980s onwards, China invested heavily in biotechnology development and in the early 1990s emerged as the leading biotech country in the developing world. In the late 1990s, however, it halted the authorization of new genetically modified crops and introduced stringent safety regulations. This paper investigates this policy shift and argues that international factors have played a central role. Two trends, in particular, are identified as key sources of the move towards greater precaution: China's ongoing international socialization, particularly in the context of the international scientific debate on biosafety and the negotiations on a biosafety treaty; and the growing globalization of agriculture and trade, which has exposed China to international competitive forces and trade restrictions in food trade. As the case of genetically modified food in China shows, political integration and economic globalization can work together to promote a strengthening of the domestic environmental policy agenda.     

民生风险理论与食品安全的刑法规制

民生风险是指包括生产、生活在内的社会活动对民生可能造成危害的风险,规制民生风险的刑法就叫做民生刑法。食品安全问题是民生风险的一项重要内容,包括食品生产制造(包括储存、运输等所有"食品入口"之前的环节)时难以避免的"工艺风险"、对食材配料定位不断变化的"认识风险"及生产和配料中的"人为错误"。其中"人为错误"是行为人能够或应该认识到并加以控制的对食品安全的侵害。而工艺风险和认识风险因难于预测、不易避免,其刑法适用尚待进一步探究,而不能简单地引入"风险"观念,通过加大打击力度、增设新罪来解决。民生风险和民生刑法的概念就避免了"风险"理论对刑法基本底线的违背,较好地把握了理论节度,成为规制食品安全较为合适的刑法指导性理念。     

Anxiety,order and the other: well-being among ethnic Kyrgyz and Uzbeks

Neither well-being nor suffering can be understood without understanding how the two experiences are related. In this paper, the author focuses on the experiences of well-being and suffering in everyday, mundane contexts, such as food preparation, cleaning and hospitality. Data presented are drawn from fieldwork conducted among ethnic Kyrgyz and Uzbeks in southern Kyrgyzstan, shortly after independence. The author discusses how the experiences of well-being and suffering are informed by symbolic systems that are linked to religious beliefs. This examination contributes to an understanding of the power of religious symbols, arguing that the expectations of well-being or suffering make systems of religious symbols more compelling.     

东南亚各国的粮食新政及其与中国的合作分析

2008年以来,全球粮食产量增长缓慢,需求不断增长,粮食危机席卷全球,如何保证粮食供应安全已成为东南亚国家面临的突出问题。为此,东南亚各国纷纷实施粮食新政,采取多种措施发展农业生产,确保粮食供给与粮食安全。世界范围内的粮食危机促进中国与东盟强化在粮食领域的合作。     

A Research Revolution in Women's Health

SUMMARY

Women's health research initiatives are emerging with evidence that there are unique diagnosis and intervention factors that provide a window into the specific health needs of women. The evidence of the need for this gender-specific research is being spurred by the establishment of The Office of Research on Women's Health by the National Institutes of Health (NIH). A review of some of the more current and salient research findings that apply to women's health and the health needs of women in different lifestyles, at different stages of the life cycle is discussed. Also considered are women's roles in the health service delivery system and where they fit into the provision of services within the context of women's styles of accessing and using health care. Self-help and other support programs will be described as they apply specifically to women and a case will be made for providing comprehensive, multi-systemic women's health services in one facility at the community level through an overview of some of the more current and successful models.     

食品安全信息供给的政府义务及其实现路径

食品安全信息的有效供给,关系到社会对食品生产和消费的信息和对政府的信任,而完善我国食品安全信息的供给,已经成为完善我国食品安全监管的重要环节。本文通过对食品安全信息特性的分析,认为政府应当承担食品安全信息供给的义务。因此,本文全面反思现行法律中我国食品安全信息供给中政府义务的缺陷,并提出矫正的对策。     

Gorillas in the closet? Public and private actors in the enforcement of transnational private regulation

This paper examines to what extent the background presence of state regulatory capacity – at times referred to as the “regulatory gorilla in the closet” – is a necessary precondition for the effective enforcement of transnational private regulation. By drawing on regulatory regimes in the areas of advertising and food safety, it identifies conditions under which (the potential of) public regulatory intervention can bolster the capacity of private actors to enforce transnational private regulation. These involve the overlap between norms, objectives, and interests of public and private regulation; the institutional design of regulatory enforcement; compliance with due process standards; and information management and data sharing. The paper argues that while public intervention remains important for the effective enforcement of transnational private regulation, governmental actors – both national and international – should create the necessary preconditions to strengthen private regulatory enforcement, as it can also enhance their own regulatory capacity, in particular, in transnational contexts.