Product Liability: A Neo-Austrian Based Perspective

The paper is an exercise in a neo-Austrian based economic analysis of product liability. After a short historical introduction, we take two of the basic premises of Austrian economic thought and see which system of product liability results. If costs are subjective and entrepreneurship is the essence of an efficient market process, a system of caveat emptor and vendor results. For judges to assess damages, in the way others advocate judges to do, judges would need to measure costs, something that cannot be done according to Austrian economics. The paper also answers some possible criticisms from the mainstream neoclassical perspective.     

我国安全生产法律制度建构初论

安全生产不仅深刻影响着社会稳定、经济发展,还直接关系到生命的存亡、权益的保障.近年来我国安全生产事故频繁的重要原因之一就是安全生产法制滞后,安全生产法作为一个独立的法律部门没有引起足够的重视.通过从理论上对安全生产法概念进行阐释,论证了安全生产法是独立的法律部门,并对安全生产基本法律制度进行了剖析.     

论我国产品责任的归责原则

严格责任原则是现阶段我国产品责任最合理的归责原则。通过对我国现行产品责任立法的法理分析,可以看出。除严格责任外,疏忽责任、担保责任客观上也为我国所适用。基于我国经济生活的日益频繁和国外严格责任学说的新发展,应将我国目前采用的产品责任归责原则视为一开放概念,并对其加以补充和完善,使其能更为科学地适用于经济领域。     

欠发达地区农村公共服务体系建设研究

党的"十七"大提出缩小区域发展差距,"必须注重实现基本公共服务均等化",为此要加大对欠发达地区公共财政转移支付力度,可通过每年的全国人民代表大会审计财政预算来保证。公共服务市场化改革,在欠发达地区拟推行"公共服务项目实名制有价证卷"的政府补贴方法。从制约因素来认识欠发达地区农村公共服务建设,就要大力发展本地区经济。欠发达地区农村公共服务体系的构建,要解决三个问题:欠发达地区农村公共服务体系的子系统中基本公共品供给;界定各种公共产品提供者的责任;落实各级政府责任的机制。     

优化广西农村公共文化产品供给的思考

广西农村公共文化服务体系建设尽管取得了一定的成效,但公共文化服务产品的供给与农民日益多样化的文化需求仍有较大差距,确保优质高效的公共文化产品供给成了当前农村文化建设亟待解决的问题。造成广西农村公共文化供给不佳的主要原因是公共文化设施不足、供给与需求不匹配以及缺乏农民组织作为文化建设的依托载体。优化农村公共文化产品供给要建立起政府供给、市场供给与社会供给优势互补的复合供给模式。     

Cue utilization in the product authentication process: a framework and research agenda for product counterfeit prevention

Scholars suggest that consumers rely on heuristics to evaluate products. They employ both extrinsic and intrinsic cues to evaluate product quality and utilize the same cues to differentiate between counterfeit and genuine products. This has far-reaching public health, economic, product authentication, and even criminal justice policy implications due to the emerging ideas of criminalizing the purchase of counterfeit goods. In order to predict the viability and the possible effects of such a policy, a thorough understanding of consumer attitudes toward counterfeits, purchase motivation, and behavior, as well as of their ability to distinguish between genuine and counterfeit goods, is imperative. Building on cue utilization theory, this article develops a framework for understanding how consumers develop and utilize heuristics for product authentication in the context of intellectual property infringements and outlines a research agenda. Additionally, it helps to inform the development of prevention and enforcement efforts, in consumer education and enforcement agent training, as well as a basis for policy decisions.     

The illegal trade of raptors in the Russian Federation

Wildlife trafficking, along with other green crimes, receives little attention from the criminological community. This study provides further knowledge of this black market, and exposes the structural harms that are associated with it, by examining the illegal trade in falcons in Russian Far East. The structural harms proposed here are that wildlife trafficking, and the illegal raptor trade in particular endangers the environment, is cruel to animals, and threatens national and human security because of its connection to other dangerous illicit activities. Through semi‐structured interviews, trade statistics, and online news sources, a framework is developed as to who is involved, how it is occurring, and where it is taking place as well as possible ways in which to curb this activity.     

Developing Countries and the Implementation of CITES: The Mexican Experience

A key issue for the success of international conventions regulating biodiversity conservation is to understand the different philosophical positions of each party for initially acceding to that convention, and for the measures each party takes to implement that convention. This paper documents policies for wildlife trade regulation in Mexico from the early 1980s to the early 2000s, with emphasis on the process of CITES implementation. Mexico was slow to adopt environmental policies, but when Mexico did recognize wider environmental concerns, the prospect of acceding to CITES was not considered because of existing bans on all wildlife trade in native species. However, Mexico could not control the illegal trade of wild species during the 1980s. Mexico acceded to CITES in 1991 mainly in response to international pressure and to bilateral pressure while seeking to join a free trade agreement. The step of joining CITES was taken without clear analysis about the consequences of being a party to the Convention. Between 1992 and 1996, Mexico had no clear policy about its role within CITES. The period from 1997 to 2001 witnessed an improved legal and administrative structure and a greater internal coordination between the institutions involved with CITES. Mexico has now improved its policy toward international wildlife trade.     

Association of Ignitable Liquid Residues to Neat Ignitable Liquids in the Presence of Matrix Interferences Using Chemometric Procedures*,†

Abstract: In fire debris analysis, weathering of ignitable liquids and matrix interferences can make the identification of ignitable liquid residues (ILRs) difficult. An objective method was developed to associate ILRs with the corresponding neat liquid with discrimination from matrix interferences using principal components analysis (PCA) and Pearson product moment correlation (PPMC) coefficients. Six ignitable liquids (gasoline, diesel, ultra pure paraffin lamp oil, adhesive remover, torch fuel, paint thinner) were spiked onto carpet, which was burned, then extracted using passive headspace extraction, and analyzed by gas chromatography‐mass spectrometry. Both light and heavy burn conditions were investigated. In the PCA scores plot, ignitable liquids were discriminated based on alkane and aromatic content. All ILRs were successfully associated with the corresponding neat liquid using both PCA and PPMC coefficients, regardless of the extent of burning. The method developed in this research may make the association of ILRs with corresponding neat liquids more objective.     

完善我国产品质量法适用范围的思考

产品作为人类社会发展到一定历史阶段的产物,是人类运用生产资料对劳动对象加工、改造而成的物质成果,是人们和社会需要的物化体现。其作为确定和限定产品责任范围的首要因素,在产品质量法(西方国家主要体现在产品责任法之中)中具有相当重要的地位。本文拟在比较分析国内外关于产品适用范围的界定,探析我国产品质量法时对适用范围的规定及存在的问题,进而提出完善我国产品适用范围的立法的建议。