关于完善中国缺陷产品召回制度的若干问题

Defective product recalling system is a new regime in modern civil law, characterized by its special functions to prevent and eliminate the harms concerning consumers’ body and property due to potential defects of products. In legal nature, it is necessary to define “recalling defective products” as the obligation rather than the liability of manufacturers or sellers, so as to encourage both manufacturers and sellers to take effective remedies immediately upon defective products. Product recalling is of two categories, i.e., active recalling and compulsory recalling, and the breach of such recalling obligation will lead to a series of legal liabilities. Considering the importance of the recalling system and the economic development of China, it is strongly proposed that China shall formulate the Law of Defective Product Recalling. Wang Liming, Ph.D of Law, is currently a vice president of Renmin University of China and dean of the Law School. Prof. WANG is also a member of the Law Committee of 10th and 11th National People’s Congress, vice president of China Law Society. Prof. WANG is a leading expert in the drafting and formulating important civil laws in China, such as the Law of Real Rights of PRC. His main research area is civil and commercial law. Quite a number of his monographs won national academic achievements award, including but not limited to Study on Civil Law Regime (Renmin University of China Press, 2008), Study on General Principles of Civil Law (Renmin University of China Press, 2003), Draft of Law of Real Rights and its Interpretation (China Legality Press, 2001), etc. He also has 100 or so articles published in law journals home and abroad.     

产品责任的归责原则

产品责任的归责原则是行为人承担产品责任的依据,是研究产品责任法律制度的核心,是整个产品责任法律规范的基础。由于我国产品责任的归责原则法律规定不统一,致使在产品责任诉讼中不能有效的保护公民的合法权利。本文就产品责任的归责原则做了论述,以期对产品责任的归责原则的确定有更加充分的认识。     

Size Assessment of the Gray Reef Shark Carcharhinus amblyrhynchos Inferred from Teeth Marks on Human Wounds

An accurate assessment of the biting shark size is paramount for better understanding the agonistic behavior of a species toward humans. The gray reef shark is involved in many accidental bites. Based on the capture of 35 gray sharks, we calculated the algorithm that allows the assessment of the shark size, through the interdental distance (IDD) inferred from teeth marks on human wounds. Our results show a negative allometric relationship and that IDD calculated from imprints perpetrated by the upper jaw are globally similar with those from the lower jaw, in spite of heterodonty. We applied our findings to two cases of accidental bites by this species. Both of the victims had declared that the shark length was “at least 2 m”. Based on our algorithm, the assessment of the shark TL was approx. 180 and 160 cm, respectively, which correspond to an overestimation of ≥20% by the victims.     

产品责任的惩罚性损害赔偿制度研究

我国立法中对于产品责任欠缺惩罚性损害赔偿的规定,消费者合法权益得不到有效的维护。为此,从惩罚性损害赔偿的产生与演变入手,分析了对于产品责任适用惩罚性损害赔偿的法理基础:效益与正义,并对惩罚性损害赔偿的数额确定进行了经济分析,比较研究了各国及地区的相关规定,提出应在我国的产品责任立法中引进这一制度的建议。     

对我国产品责任构成要件的法律思考

适用产品责任的产品应包括普通工业品,初级农产品、无形产品,建设工程不动产.界定产品是否构成缺陷,应以其能否提供正常使用所能期待的安全性,是否存在危及人身、财产安全的不合理的危险为标准.产品的购买者、使用者及因使用产品而受损害的第三人都是产品责任的权利主体,有权要求产品的生产者、销售者承担产品责任的义务.无论是缺陷产品的生产者还是销售者,对直接责任的承担适用严格责任原则,在最终责任上,生产者实行严格责任,销售者适用过错责任.     

Empirical study on the influence of organizational learning and capability on technological mnovanon

Based upon the generalization of those theories in organizational learning, organizational capability and technological innovation, the essay discusses the influence of organizational learning and capability in technological innovation, and presents its relevant hypotheses. On analyzing the effective sample data from 682 enterprises of different industries across 10 provinces and cities in China, the empirical results reveal that external learning is in favor of enterprises to cultivate dynamic capability but to disfavor in improving the existing operational capability, internal learning benefits enterprises to improve the existing operational capability but to disbenefit in cultivating dynamic capability, dynamic capability has a positive impact on operational capability, dynamic capability has significantly positive correlation with product innovation and process innovation, while operational capability has only evidently positive correlation with product innovation.     

Private game farming and its social consequences in post-apartheid South Africa: contestations over wildlife,property and agrarian futures

Spaces of privatised wildlife production, in the form of game farms, private nature reserves and other forms of wildlife-oriented land use, are an increasingly prominent feature of the South African countryside. Whilst there is a well-developed literature on the social impacts of state-run protected areas, the outcomes of privatised wildlife production have thus far received little attention. It is argued here that the socio-spatial dynamics of the wildlife industry, driven by capitalist imperatives related to the commodified production of nature and ‘wilderness’, warrant both in-depth investigation in their own right, and contextualisation in terms of broader processes of agrarian change locally as well as globally. The growing influence of trophy hunting and the wildlife industry on private land can be seen as a significant contributing factor to processes of deagrarianisation that are mirrored in other parts of the African continent and elsewhere. In South Africa, these developments and their impacts on the livelihoods of farm dwellers take on an added dimension in the context of the country's efforts to implement a programme of post-apartheid land reform. Two decades after the formal end of apartheid, contestations over land rights and property ownership remain live and often unresolved. This theme issue explores these dynamics on private land partly or wholly dedicated to wildlife production, with special emphasis on two South African provinces: KwaZulu-Natal and the Eastern Cape.     

Conservation,green/blue grabbing and accumulation by dispossession in Tanzania

This article shows how wildlife and marine conservation in Tanzania lead to forms of ‘green’ or ‘blue grabbing’. Dispossession of local people's land and resources has been gradual and piecemeal in some cases, while it involved violence in other cases. It does not primarily take the usual form of privatization of land. The spaces involved are still formally state or village land. It is rather the benefits from the land and natural resources that contribute to capital accumulation by more powerful actors (rent-seeking state officials, transnational conservation organizations, tourism companies, and the State Treasury). In both cases, restrictions on local resource use are justified by degradation narratives, while financial benefits from tourism are drained from local communities within a system lacking in transparent information sharing. Contrary to other forms of primitive accumulation, this dispossession is not primarily for wage labour or linked to creation of a labour reserve. It is the wide-open spaces without its users that are valued by conservation organizations and the tourism industry. The introduction of ‘community-based conservation’ worked as a key mechanism for accumulation by dispossession allowing conservation a foothold in village lands. This foothold produced the conditions under which subsequent dispossessions could take place.     

猪圆环病毒病及其生物制品学的研究进展

结合国内外对猪圆环病毒病的研究结果,概述了猪圆环病毒病的主要临床类型及其流行病学特点,并对其病原学、免疫学及生物制品学方面的研究进展进行了综合论述,为认识该病并有效防控该病提供参考。认为,猪圆环病毒2型的危害主要体现在断奶仔猪多系统衰竭综合征症状中,并与猪细小病毒、猪繁殖与呼吸综合征病毒、副猪嗜血杆菌、猪肺炎支原体等的继发感染有关。     

The Seat Product Model of the effective number of parties: A case for applied political science

This paper extends Taagepera's (2007) Seat Product Model and shows that the effective number of seat-wining parties and vote winning parties can both be predicted with institutional variables alone, namely district magnitude, assembly size, and upper-tier seat share. The expected coefficients are remarkably stable across different samples. Including the further information of ethnic diversity in the models hardly improves the estimate of the effective number of parties, and thus the institutions-only models are preferable on the grounds of parsimony and the applicability to electoral-system design or “engineering”.