违约、侵权责任之竞合及我国立法选择

民事责任之竞合来源于不同类型法律规范之冲突。世界各国对违约责任和侵权责任竞合所采取的态度有三种:禁止竞合、允许竞合及有限制的选择诉讼。我国承认违约与侵权责任的竞合。     

Culture Shock Is No Shock

正THIS article is about the new expat-executive in China.I am writing to offer my perspective on what it’s like to be the new boy(or girl)in a country that some people regard as the embodiment of culture shock itself.First I’m going to talk about two typical situations that I’ve encountered over 10years in the country,then I’m going to offer some analysis.These are just my opinions,but I hope you find them helpful.All Change!The fi rst pattern of expatbehaviour which I’ve experi-     

LETTERS

正Many of us assume that life on Earth will continue to fl ourish for eons to come.But this is a misguided belief.Scientifi c research has shown that the Earth’s environment was too harsh to support any life form for four billion years.So what we take for granted is actually very precious and vulnerable.It took around three billion years of evolution on Earth for complicated animal and human organisms to come into existence.Nobody wants them to die out as a result of pollution-induced global warming.We should instead cherish and     

LETTERS

正When I was a teen,I saw for the fi rst time a Tang Dynasty clay fi gure of a person with dark skin and curly hair that was obviously not of Chinese ethnicity.Such people were referred to as Kunlun servants(as they worked as domestic help for the aristocracy),but actually came from beyond the mountain range of the same name that traverses Xinjiang and Tibet.Scientists are divided on their origins–Africa,India,Southeast or South Asia.These early migrants traveled to China with foreign diplomats and merchants via the Silk Road,testifying to extensive people-to-people,cultural and economic exchanges between China and the rest of the world more than1,000 years ago,facilitated by the ancient route.     

“船舶经营人”的识别——兼评《最高人民法院关于审理海事赔偿责任限制相关纠纷案件的若干规定》第12条

《最高人民法院关于审理海事赔偿责任限制相关纠纷案件的若干规定》第12条明确规定，海事赔偿责任限制下船舶经营人必须同时具备三要素：接受船舶所有人委托，实际使用和控制船舶以及承担船舶责任，并反向划定了船舶经营入的外延，从而将无船承运人排除于海事赔偿责任限制的权利主体之外。该条规定明确了船舶经营人的含义，便于确认相关海事制度的权利主体，值得肯定，但仍有可完善之处：要求船舶经营人“承担船舶责任”会引起认定的混乱，且其并非船舶经营人的必备要素，可考虑删除之。     

China's Top New Words

正Editor’s Note:Every year sees a number of new words and phrases from the Internet make them into a language’s vocabulary.Sorting through the most popular buzzwords and phrases used by China’s netizens reveals a virtual smorgasbord of linguistic ingenuity as well as the most noteworthy trends of the last 12 months.Beijing Review