论德国法对信息社会下骚扰广告的规制——兼谈对我国消费者保护立法的启示

信息时代的到来伴随着大量利用信息手段发布骚扰广告的行为,德国《停止侵害之诉法》为保护消费者的权益,特意创设了答复请求权制度。答复请求权的行使以停止侵害请求权为前提、以三类团体为权利主体、以要求答复义务人告知违法行为者的名称和可供联系的地址为内容。为有效遏制垃圾短信等骚扰广告行为,我国消费者保护立法应以完善消费者知情权为切入点,赋予消费者协会等团体以诉权,同时将知情权的行使规则具体化。     

Food costs for the current and recommended diet of German infants,children and adolescents

Abstract Higher food costs of a recommended diet may be a barrier to the improvement of unhealthy dietary habits. For the assessment of food costs for children, age-specific dietary intakes as well as average food prices must be known. This study is based on the measured food intake from a total of 1668 3-day weighed diet records of children aged from 5 months to 18 years and on recommended dietary intakes for these age groups. Based on the food costs related to the energy intake (Deutschmarks per megajoule; DM per MJ), the recommended diet using common food products does not incur higher costs than the current diet in all age groups. For infants, a diet using commercial infant food conforming to the restrictive German pesticide regulations incurs 50–150% higher food costs than the use of home-made meals. For children and adolescents, the nutritionally inferior quality of the current diet can be improved by a price-balanced interchange of foods, mainly by favouring plant foods instead of meat and confectionery.     

The Economics of Morality and Environmental Policy: Comment on the Paper by Frey

Journal of Consumer Policy -     

全面建设小康社会对消费经济研究提出的新课题

一、需要以实现人的全面发展为主线开拓消费经济研究党的十六大提出了全面建设小康社会的奋斗目标,十六届三中全会做出了完善社会主义市场经济体制的决定,给社会科学研究提出了一系列崭新的重大课题。其中,关于更高水平的小康社会,是更高程度的经济发展、民主健全、科教进步、文化繁荣、社会和谐、生活殷实等各方面协调统一的社会;关于“坚持以人为本,树立全面、协调、可持续的发展观,促进经济社会和人的全面发展”(《中共中央关于完善社会主义市场经济体制若干问题的决定》);关于完善社会主义市场经济体制,必须做到统筹城乡发展、统筹区域…     

Consumer Policy in a Market Economy Considerations from the Perspective of the Economics of Information,the New Institutional Economics as well as Behavioural Economics

The question concerning when a governmental intervention in the market system is justified has occupied economists from the very beginning and has been a controversial discussion topic for just as long. Against this background, with respect to modern consumer policy, which still represents a relatively young field in the theory of economic policy, it is vital to find sound economic reasons for governmental regulations in order to protect consumers. Therefore, the article attempts to assess what the various economic literatures have added to our understanding of good consumer policy. For this reason, those policy implications that might flow from different theoretical approaches in order to broaden the foundation of an economic justification for consumer policy will be analysed. For this purpose, the consumer policy implications of the Economics of Information will be described, including a denomination of some certain problems all of which are not covered satisfactorily by this approach. Subsequently and in order to amend the informational economics framework, further economical approaches from New Institutional Economics, Behavioural Economics as well as Behavioural Consumer Research, which provide a complementary analysis of consumer behaviour in consideration of the respective decision-making situations and determining constraints (formal and informal rules, cognitive and emotional boundaries), will be discussed comparatively with respect to their consumer policy implications.     

EC Law, the Environment and Consumers: Addressing the Challenge of Incorporating an Environmental Dimension to Consumer Protection at Community Level

The principal objective of this paper is to stimulate debate about the current state of the relationship and tensions between consumer and environmental protection policies at Community level. By virtue of the constitutional changes to Community Law introduced by the Single European Act 1986 (SEA) and the Treaty on European Union 1992 (TEU), the European Community (EC) has committed itself to re-evaluating its core, fundamental aim of attaining completion of market integration. The EC is now compelled to address whether the development of open and free market conditions ultimately serves the best interests and priorities of its inhabitants and whether its original goals adequately internalise their environmental concerns and demands. This paper aims to assess critically to what extent EC policy and law have responded to these new challenges and requirements by focusing, firstly, on the caselaw of the European Court of Justice and, secondly, on policy innovations introduced by and constraints facing the EC legislative institutions. Ten years on from the SEA, it appears that the Community has barely started to confront the issue of the consumer-environment interrelationship, with the result that political and legal developments have been unclear and often contradictory. The Community must begin to match its rhetoric with definitive action.     

国家财政"三农"支持政策的回顾与展望

财政"三农"支持政策是国家财政政策的重要组成部分,也是促进农业和农村社会经济发展的重要财力保障.改革开放30年来,随着公共财政改革的推进和国家财力的大幅度增长,国家对财政的"三农"支持政策进行了重大创新,在强化农业基础地位、促进农民增收、推进新农村建设等方面,发挥了积极作用.但我国在支农政策运用方面还存在许多问题,如财政支农资金投入总量规模不足,比例不高,结构不合理,宏观效率不高,县乡基层财力薄弱等.为进一步完善国家财政"三农"支持政策,促进我国农业和农村社会经济全面发展,必须切实加大国家财政对"三农"投入的倾斜力度,建立规范的支农资金管理机制,深化县乡财政管理体制改革,积极化解乡村债务,逐步建立城乡统一的现代税收制度.     

State Aid Policy, Territoriality and Federalism: EU Scrutiny and Control of Regional Aid and the Supranationalisation of Subnational Autonomy in Federal Member States

Whilst its impact on national industrial policy has attracted considerable attention in the scholarly literature, the implications of EU state aid policy on regional development policy and its effects on territorial relations inside EU member states have been largely neglected. Drawing on the experience of Bavaria, Flanders and Upper Austria, this article shows how EU action has imposed increasingly wide reaching and detailed constraints on subnational authorities, undermining and eroding their capacity to define and implement regional policy. It thereby also challenges the widely held presumption in the EU literature, as for example by proponents of multi-level governance, that European integration works invariably to empower and strengthen regions in Europe. To the contrary, the case studies show that the autonomy of subnational states in EU member countries with federal systems has been eroded as they have been forced to abandon traditional policies and practices. More generally, the article invites reconsideration of the relationship between European integration and subnational authorities.     

A European Perspective on Consumer Loans and the Role of Credit Registries: the Need toReconcile Data Protection,Risk Management,Efficiency, Over-indebtedness,and a Better Prudential Supervision of the Financial System

The paper examines the role of credit registries in the context of European consumer credit markets and the current policies of the EU in this area. It attempts to show the institutional challenges relating to some competing rights or interests amongst consumers and financial institutions and the need for a strengthened prudential supervision of the financial system as evidenced by the recent crisis whose effects have spread into the global economy. In particular, it shows that there is a conflict between the right to data protection of consumers, the risk management interests of lenders, and the prudential supervision of the credit system. The ultimate goal, thus, is to present some weaknesses of the current arrangements and to put forward a proposal that is probably controversial but that is intended to stimulate a debate from an alternative policy perspective that is wider than the current one.     

我国出口产品遭遇新型非关税壁垒的对策研究

在经济全球化形势下,贸易壁垒从内容到形式不断更新。由于我国企业出口产品技术含量较低,价格低廉,对相关标准与规则了解不够,缺乏自我保护意识,致使其在国际贸易中遭遇到日益频繁的技术性贸易壁垒、反倾销等新型非关税壁垒。文章提出,我国企业应积极进行技术创新,与国际标准接轨,建立产业预警机制,组建出口企业行业战略联盟,以应对技术性贸易壁垒。应加强行业自律,重视非价格竞争;加强成本控制,转换国际市场进入方式;招聘专业人才,加强市场信息管理;健全财务制度,充分利用世贸组织争端解决机制,以应对反倾销。     

Clearance of emergency exits for use by the elderly,a proposal for an addition to a Dutch standard

In this article, the maximum pushing and pulling forces of 750 persons between 20 and 30 and over 50 years of age are presented. Measurements were done using a framed strain gauge transducer and recorder. Both forces were measured in a free standing position that was related to opening a heavy door. The latter makes it possible to use the information in a standard on emergency exits. Such a force standard is not available in The Netherlands. We propose an addition to NEN 6082:19971 concerning human abilities to open unfastened, hinged doors that are on an escape route.     

跨国公司对华投资的新特点及东北三省应采取的措施

中国成为跨国公司的重要投资地点，同时跨国公司对华投资也出现了新的特点、随着国家经济发展的又一地区——东北三省的振兴，吸引跨国公司的投资成为了重要问题本文在分析跨国公司对华和东北三省投资的新特点及其形成原因的基础上，提出东北三省吸引跨国公司投资的举措。     

Werner Abelshauser. The Dynamics of German Industry: Germany's Path toward the New Economy and the American Challenge. New York: Berghahn Books, 2005. vii + 168 pp. ISBN 1-84545-072-8, $45.00.

Werner Abelshauser is a professor of economic history at theUniversity of Bielefeld. He has written about Germany’seconomic history since 1870, with specific studies concerningKrupp between 1933 and 1951, BASF since 1952, and Germany’seconomic history since World War II. Part of a series devotedto historiography, this volume grew out of     

Assessing the classification of work-relatedness of fatal incidents: a comparison between Australia,New Zealand and the United States

As part of a larger study comparing work-related fatal injury of workers in Australia, New Zealand and the United States, an assessment was made of the similarities and differences between the three countries in identifying fatal incidents as work-related or not. The researchers in each country independently classified 333 brief scenarios, describing a variety of fatal incidents, into one of nine categories related to work: worker, bystander, commuter, volunteer, student, suicide, other, unknown and none of the above. Complete agreement with the classification was moderate (62%), but agreement when classifying scenarios as working, not working or unknown was much higher (full agreement for 80% of scenarios; Kappa =0.71). Only 5% of scenarios were classified differently by all three countries. Other main findings of the study were that there is variation between countries in the interpretation of what is and what is not work-related, and variation in the amount or type of information required to make a definitive classification. Common circumstances described in the scenarios for which there was some disagreement in classification included domestic violence incidents at work, volunteer workers, business trips, social functions connected to work, hobby farmers and some possible bystander incidents that occurred on farms or on the road. The results suggest that, even without the use of standard definitions, comparisons between the datasets of the countries involved in this study can be made with reasonable confidence. However, they also emphasise the importance of minimising ambiguity in the definitions used, and of understanding the manner in which the definitions are applied, when comparing results between studies.     

Robert P. Bremner. Chairman of the Fed: William McChesney Martin, Jr., and the Creation of the Modern Federal Reserve System. New Haven, Conn.: Yale University Press, 2004. vi + 357 pp. ISBN 0-300-10508-8, $38.00.

Two men headed the Federal Reserve System for 40 percent ofits history. One was Alan Greenspan, who served from 1987 to2006. The other was William McChesney Martin, Jr., who chairedthe U.S. central bank from 1951 to 1970. Although there areother contenders, both Martin and Greenspan have their backersfor designation as America’s greatest central banker.Hence, as the Greenspan era at the Fed ends, it is more thanappropriate that Robert Bremner’s excellent biographyof Martin appears. Because it contains insights into     

Religion,humanism, marketing,and the consumption of socially responsible products,services, and ideas: Introduction to a special topic section

This introduction to the special issue provides an overview and brief summary of the eight articles that follow and take up the issue's theme. Despite the fact that religion and religious world views exert considerable influence on consumer attitudes and behavior, mainstream business journals have presented little research that explores the relationship between religion and marketing. Articles featured in this special issue examine three themes of interest: (1) the influence of strongly held religious or non-religious world views on the marketing of socially responsible behaviors; (2) how religious world views influence the conduct of marketing; and (3) what marketing scholars can learn from the marketing practices of various religious organizations. The authors extend a note of appreciation to the reviewers of the many papers submitted to the issue and to the editor-in-chief of the Journal of Business Research, Arch Woodside.