Restating the Acquis Communautaire? A Critical Examination of the ‘Principles of the Existing EC Contract Law’

The article examines the 'Principles of the Existing EC Contract Law' (Acquis Principles) published by the European Research Group on the Existing EC Contract Law (Acquis Group), a key player within the academic network charged with the preparation of a 'Common Frame of Reference'. The Acquis Principles may therefore have a considerable impact on the shape and development of EC Contract Law. It is argued that the Acquis Principles do not constitute merely a restatement, or systematic revision, of existing EC private law. To a significant extent, the Acquis Group has drafted 'desirable rules', based on 'political' decisions that may even entail a transformation towards a regulatory model of private law. At the same time, the Acquis Principles clearly demonstrate that the acquis communautaire is not a coherent system of contract law that can be taken to have emancipated itself from the acquis commun .     

电子交易中消费者知情权保护探讨

随着信息技术的进步,电子交易蓬勃发展,通过网络进行的消费交易日益增多。对于电子交易经营者与消费者之间通过互联网进行的交易而言,消费者保护具有重要的地位,理应就电子交易中较为突出的消费者知情权问题进行探讨,在借鉴国内外的最新成果的基础上,提出有效的规制建议,希望能对我国电子交易中消费者权益保护的立法工作有所裨益。     

Public affairs in China: exploring the role of brand fairness perceptions in the case of Mercedes‐Benz

Mr Sheng Wang demonstrated his perception of Mercedes‐Benz's unfair treatment and insensitivity to Chinese buyers by having his Mercedes sports coupe towed by a water buffalo through his Chinese hometown, Wuhan. But he did not stop there. Next, he ordered workers, specifically hired for this purpose, to pound the car with sledge hammers and sticks until the exterior was completely disfigured. Journalists love the story's inherent drama, and in subsequent days, media reports showed images of the car being towed and ultimately smashed. The event created strong public awareness about both Mr Wang's dissatisfaction about the treatment he received from Mercedes‐Benz and the subsequent Mercedes‐Benz's management reactions triggered by the event. In our paper, we explore this case in more detail, highlighting the crucial role of brand fairness in managing brands in China. Although brand managers implicitly emphasize the importance of fairness in branding strategies, brand management emphasizing fairness is an underdeveloped research concept. Our paper provides an understanding of theories and concepts of brand (un)fairness and brand fairness management illustrated by what we refer to as the Mercedes‐Benz case. We identify three dimensions of Brand Fairness Management: prevention, procedures, and outcomes. This framework will assist brand managers in China in developing successful brand fairness strategies and management programs. We posit that implementing these branding practices will increase the likelihood that consumers perceive the brand in question as fair, leading to an increase in loyalty and positive word‐of‐mouth. Copyright © 2013 John Wiley & Sons, Ltd.     

Computer game licences: The EULA and its discontents

This article considers the legal efficacy of terms found in the end-user licences (EULAs) of Massively Multiplayer Online Role-Playing Games (MMORPGs). The article focuses on selected terms in the EULAs of well-known MMORPGs, Everquest and Runescape as well as a more recent MMORPG, Path of Exile. Although there are many examples of inappropriate and unenforceable terms in EULAs, computer games provide a particularly salient example. Eager for access to a game, players accept the EULA without question and, unaware of their rights or keen to avoid costly litigation, rarely challenge the terms. Given the value of the games industry to the international economy, the article recommends that international guidance for EULA content is needed.     

Tackling consumer vulnerability in energy and banking: towards a new approach

This article examines the new approach to vulnerability developed by Ofgem and the Financial Conduct Authority to see whether it has been implemented at company level and had an impact on the ombudsman. It sets out the context within which this approach has been developed and then looks at its implementation through two case studies. The main lesson from these case studies is that establishing a broad concept of vulnerability, as has been argued for in the academic literature, is just a first step. Operationalising the concept presents major challenges especially in the context of systems dealing with large numbers of consumers.     

如何增强民间投资和消费愿望

扩大内需的关键在于提高有效需求。提高民间投资与消费的能力,要适当提高财政转移性支出的比重,调整税收政策,改革投融资体制,加大对农村的投资力度,以积极的货币政策引导民间消费等。     

电工电子实习教学的改革与探索

通过分析电工电子实习重要性,研究当前实习教学面临的问题,提出从加强硬件建设、完善教学大纲、开放实习基地等几方面来提高学生实践能力和创新能力。     

The heterogeneity of consumer sentiment in an increasingly homogenous global economy

Recent investigations concerning consumer confidence in the U.S. have shed light on both the economic and political forces that contribute to its dynamics. And yet, as the recent financial crisis makes clear, the world economy is an increasingly interdependent place. This paper explores whether, in fact, consumer confidence responds differently to economic events in different political and institutional contexts. Our preliminary findings indicate that consumer confidence has shared variance in four countries for which we have data, but also unique variance with origins in national politics.     

产品责任:欧洲视角的比较法评论

"世界侵权法学会"设计的"刹车片故障案"、"被感染的血液案"和"桥梁垮塌案"三个虚构案例是为了从不同角度检验各个法域缺陷产品责任的适用范围和严格性。"合法期待"测试与"消费者期待"测试存在两方面的区别。适用于缺陷问题的"风险—效用"测试与适用于生产者过错问题的"风险—效用"测试之间存在重要区别。单一的理论不能对严格责任在现有产品责任法适用范围内提供正当性依据。产品责任是包含消费者法引以为据的典型正当性事由的自成一格的责任。对更广泛范围的人提供保护,可以基于普通人对市场销售或投入流通的产品不存在安全性方面的缺陷具有合理期待而正当化。     

对网络犯罪案件中电子证据的思考

电子证据是电子技术出现和发展以后产生的一种新型证据类型,由于其出现时间不长,存在取证、认证、质证等问题。应尽快发展电子证据立法、取证等方面的研究工作,吸收国外发达国家的先进立法经验及侦查技术手段,不断完善我国电子证据方面的相关立法及侦查技术手段,确保公共信息网络的安全。