生态环境损害赔偿磋商与司法衔接关键问题探析

生态环境损害赔偿磋商的结果及磋商协议的性质是磋商与司法衔接走向的决定性因素。根据《生态环境损害赔偿制度改革方案》,生态环境损害赔偿磋商应解读为民事性质。由此产生对磋商协议的司法确认和后续的申请人民法院强制执行问题,此为磋商与司法衔接的第一重关系。生态环境损害赔偿磋商、生态环境损害赔偿诉讼也有相较于环境民事公益诉讼的优先性,此为生态环境损害赔偿磋商与司法衔接的第二重关系。在这两重关系的框架内,具体衔接过程中如何操作则属需研究的细节问题。     

South Korea and China's Security Objectives in East Asia

This article explores how South Korea relates to China's national security objectives in East Asia. Specifically, it argues that for China, the strategic value of South Korea lies in coping with the strong position of the US in East Asia. Moreover, South Korea's stance on the North Korean nuclear issue is closer to China's, compared with that of the US.     

Car ownership and welfare‐to‐work

This study examines the role of car ownership in facilitating employment among recipients under the current welfare‐to‐work law. Because of a potential problem with simultaneity, the analysis uses predicted car ownership constructed from two instrumental variables, insurance premiums and population density for car ownership. The data come from a 1999–2000 survey of TANF recipients in the Los Angeles metropolitan area. The empirical results show a significant independent contribution of car ownership on employment. The presence of an predicted ownership is associated with a 9 percentage point increase in the odds of being employed. Moreover, the results indicate that lowering insurance premiums by $100 can increase the odds of employment by 4 percentage points. © 2002 by the Association for Public Policy Analysis and Management.     

Infanticide in Malaysia: two case reports and a review of literature

In a strict and conservative society like Malaysia, the number of cases of infanticide has continued to occur. The authors present two typical cases of infanticide in Malaysia. Case 1 concerned a body of a fully mature newborn fetus disposed in a rubbish bin. The head was traumatically amputated by the rubbish truck's compactor. The umbilical cord was still attached to the body, with no reddening around the insertion. The severed neck showed features consistent with post-mortem amputation. The significant finding was expanded crepitant lungs, which floated in water. The histology of the lungs showed expanded alveoli. It was concluded that the baby had been born alive, but no cause of death could be elicited. Case 2 concerned a decomposed mature newborn found in a scrub forest. The internal organs showed advanced putrefaction, the lungs being collapsed, congested, and hemorrhagic, typical of decomposed lungs. No conclusion could be made about the state of birth or the cause of death because of the putrefied state of the body. The two cases illustrate the typical cases and problems faced by pathologists locally and probably elsewhere in the world. Most of the bodies are found in a putrefied state. Pathologists have to ascertain not only maturity and live birth but also the cause of death, which may be very subtle or masked by putrefaction. The problems of diagnosis of live birth are discussed.     

论环境公益与环境公诉

自 2 0 0 4年第 1期《科技与法律》编辑部与中国人民大学环境资源法研究所合作开办“环境法论坛”专栏以来 ,得到了广大的热爱环境资源保护事业的作者和读者的支持 ,使本专栏得以继存。再次重申 ,“环境法论坛”专栏的办刊宗旨是“专业、务实、新颖、活泼”。基于编辑对环境法学术期刊并非一定死气沉沉、拘泥形式的办刊理念的理解 ,目前我们已开设“理论推陈出新”、“立法释法之我见”、“由案说法”、“异域风景线”、“你争我鸣”和“环境法沙拉”等隐性栏目 ,期盼学界同仁恩赐如下大作 :能自圆其说的理论创新者 ;独到的建设性的立法建议和学理性释法者 ;结合新近案例的法治实践 ,并有所理论提升者 ;介绍国内外的各种新近、先进环境法制 ,开阔国人视野 ,并能启迪心智 ,而绝非仅为走马观花者 ;无论旧论新说 ,展开针锋相对的学术争鸣与回应答辩者 ;符合本栏目宗旨 ,不限篇幅与形式的书评、法制信息、学术活动综述、国外学术机构及其成果介绍等。欢迎作者赐稿、赐题。来稿请遵循本刊自 2 0 0 4年以来的以往各期的版式 ,以WORD文档附件的形式发至 :enblaw @yahoo .com .cn专用电子信箱 ,电子邮件“主题”请务必注明“环境法论坛投稿”字样。《科技与法律》编辑部“环境法论坛”专栏编辑     

Environmental Justice and Green‐Technology Adoption

This paper presents an analysis of an environmental justice (EJ) program adopted by the South Coast Air Quality Management District (SCAQMD) as a part of its regulation to phase out a toxic chemical used by dry cleaners. SCAQMD provided financial incentives to switch early and gave establishments in EJ neighborhoods priority in applying for grants. Despite this pro‐EJ policy, available data show that dry cleaners in low‐income, predominantly minority, and EJ‐designated areas were less likely to be an early adopter of green technologies, and this finding holds even after accounting for firm and market characteristics. Dry cleaners in disadvantaged neighborhoods were also less likely to receive a grant to switch technology despite the district's effort to set aside half of the funding for applicants from EJ areas.     

Examining the nexus between situational factors and job performance through the mediating role of work engagement and self-efficacy

The situational perspectives theory of job performance is a fundamental aspect of organizational and managerial psychology. Consequently, there is growing interest in conducting additional research to assess situational factors and job performance through the theoretical frameworks of social learning and social exchange theories, which are seldom applied in these domains. The data has been collected from 365 employees working in Pakistan Telecommunication Company Limited (PTCL). It was found that supervisor support stimulates job performance. It is also deduced that self-efficacy mediates the relationship while work engagement does not mediate the relationship between supervisor support and job performance. The situational perspectives theory of job performance provides a supportive framework for the development of PTCL employees. This work should be of interest in the area of situational factors and performance improvement. This study is one of the very few studies conducted to empirically assess the influence of situational factor on performance through the mediating role of work engagement and self-efficacy.     

Taiwan's Strategic Options and the US

This article assesses Taiwan's strategic options in relation to the US. From Taipei's perspective, the first strategic option is to maintain the interest of the US and this is largely done by emphasizing the threat posed by a rising China. The second strategic option relates to gaining more support from the US through highlighting the island republic's democratic credentials. Importantly, limitations exist in Taiwan's strategic options in part because they are subject to positive responses from the US as well as reactions from China. For Taipei, a middle power, the key therefore is achieving an optimal mix of strategies while overcoming any deficiencies in order to enhance its national security.     

马哈蒂尔的外交语言

本文首先讲述马哈蒂尔外交语言的广泛内容,然后分析其特点,接着指出马哈蒂尔外交语言在他整个外交活动中的地位,阐述其理论和现实基础。最后指出,尽管马哈蒂尔的外交语言有其自身的弱点,但总体上是成功的。     

高等教育转型中的政府与高校关系重塑

我国高等教育发展面临着从计划体制向市场体制以及从精英化向大众化的转型。高等教育转型既对政府与高校关系调整提出了要求,也提供了空间和现实可能性。政府与高校关系的文本逻辑不等于实践逻辑,基于实践建立政府与高校的良性互动机制,就要重塑政府与高校的关系。其具体路径包括:合理界定政府在高等教育发展中的角色,提高政府服务于高校发展的能力;积极建立与完善高校法人制度,培育高校自我治理能力;大力发展高等教育中介机构,由其充当政府与高校之间的调节机制。