物权变动过程的重构

本文从法律体系的逻辑严密性和现实的价值判断的双重目标出发,重新构造了物权变动的模式。认为物权变动过程是一个有机的过程,除承认区分原则外,还要承认物权合意的客观存在,物权合意以债权行为为基础,切充斥于整个物权变动过程。又从微观的角度以无权处分、所有权保留、不当得利为视角,分析了新型物权变动模式的价值判断。     

商品房交付条件探究

从商品房交付条件的相关规定进行分析,符合法定交付条件的文件应是竣工验收备案证。而从法理上分析,商品房交付条件应是有产权证,同时交付标准具有不断提高的驱动力,提高交付条件可以通过循序渐进的方式逐步实现。     

对我国食品召回制度有关问题的立法建议

食品召回制度是消除缺陷食品危害风险的制度。实施食品召回制度的目的是要及时收回缺陷食品,避免进入流通领域的缺陷食品损害消费者人身安全的事件发生或扩大,维护消费者利益。采用比较法的方法,通过比较美国、加拿大、澳大利亚及我国上海缺陷食品召回的有关规定,就建立我国食品召回制度所涉及的主要问题提出立法建议。     

刑法谦抑视角下的食品监管渎职罪立法解析

从刑法谦抑的角度看,食品监管渎职罪在犯罪圈的划定上基本符合刑法谦抑的要求,但"重大食品安全事故"和"其他严重后果"等表述还存在圈界模糊、柔软的问题。食品监管渎职罪在刑罚配置方面,具有刑罚谦抑所要求的刑罚正当性、合法性和人道性。但与其他渎职犯罪相比还存在法定刑进一步提升的可能,以及增设财产刑的必要。     

食品安全犯罪罪过形式探析——以风险社会为视角

面对风险社会中严峻的食品安全形势,作为法益保护重要工具的刑法,如何有效防范和控制风险是其自身的重要使命。但从我国现阶段食品安全犯罪刑事立法现状来看,由于其对此类犯罪所规定的罪过形式过于狭窄,导致无法有效防控。因此,应在适应社会发展需求的基础上整合立法资源,实现自我完善。     

Lost in space? the role of place in the delivery of social welfare law advice over the telephone and face-to-face

ABSTRACT

Advice that is provided exclusively over the telephone has been promoted by government as more convenient and accessible than face-to-face appointments. The resulting push towards telephone-only provision, as implemented by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, challenges the long history of association between social welfare law advice and local delivery within disadvantaged communities. This article reports on qualitative research comparing telephone and face-to-face advice which uncovers the continuing relevance of place in the dynamics and mechanics of social welfare law provision. Familiarity with the geographical location, knowledge of local policies and procedures, relationships with opponents and allies, and an understanding of the ‘local legal culture’ mean that face-to-face advisers are often able to conduct their legal casework more effectively. Conversely, local knowledge is unlikely to be available to Community Legal Advice telephone advisers. This research suggests that, in addition, telephone-only advisers may be developing a more narrow understanding of the essential qualities of casework. These findings are particularly significant in view of the likely future expansion of remote methods of delivery in legal aid work.     

Food riots and the politics of provisions from early modern Europe and China to the food crisis of 2008

The food riots of 2007–2008 jolted authoritarian regimes and international agencies into action. The riots also began to crack neoliberal hegemony over the global food system. Food riots have often driven a politics of provisions, sometimes winning relief, sometimes merely bloody repression, depending on a particular country’s political economy. Such bargaining in the politics of provisions is made possible by existing networks – of solidarity among the common people and reciprocity between them and their rulers – that extend elements of ‘normal’ politics into crises. This paper explores how riotous extensions of such sociopolitical networks shaped food politics in early modern England and China, Famine Ireland, the ‘IMF (International Monetary Fund) austerity riots’ of the 1980s and 1990s, and the food riots of 2007–2008.     

The goals and reality of the water–food–energy security nexus: the case of China and its southern neighbours

The so-called ‘nexus’ approach has recently been promoted as addressing externalities across the water, food and energy sectors, thus helping to achieve ‘water/energy/food security for all’, ‘equitable and sustainable growth’ and a ‘resilient and productive environment’. While these are noble goals, this article argues that the reality on the ground appears to be taking a different direction, at least when it comes to China and its neighbours in South and Southeast Asia. There, a new era of large-scale water infrastructure development is creating several security-related problems, which represent serious challenges to the nexus goals. These challenges include food–energy tensions, human security threats and ecological risks. These challenges can also be linked to rising friction surrounding the management of water, food and energy resources in the region. The article argues that, in order for the nexus goals to be achieved in China and the countries on its southern periphery, there must first be increased awareness of this nexus among policy-making elites.     

效率视野中的食品召回制度——一种法经济学理论的证成进路

2007年7月26日颁布并实施的《国务院关于加强食品等产品安全监督管理的特别规定》第9条首次确立了我国的食品召回制度。食品召回制度为何建制,其存在的根基及其体系的支撑,都需要证成。以"效率"的角度从法经济学的理论出发分析食品安全问题可以得出结论,食品召回制度对于"外部性"的有效处理,实现了"卡尔多-希克斯效率"的良好状态。     

Horses for courses: China's accommodative approach to food standard‐setting in response to the internationalization of regulation

This paper examines the evolution of China's food standard‐setting procedures from both domestic and international perspectives, particularly in the context of the internationalization of regulation. After the reform and opening‐up in 1978, state actors and leading enterprises monopolized the process of national food standard setting. With further participation in the global economy in the 21st century, China has become familiar with the international standard‐setting procedures and has modeled its domestic policymaking on these practices. This has resulted in a more transparent, inclusive, scientific, pluralized, and consensus‐based form of decisionmaking. By contrast, the standards of the strategic industries have been harmonized to the standards of international counterparts through a top‐down and authoritarian approach. This paper argues that China uses an accommodative approach, trichotomizing suitable standards and decisionmaking procedures in terms of inclusiveness and transparency, which suits the developmental needs of the domestic market, food export markets, and strategic industries.