基于完善我国消费者权益保障制度的思考——兼评《消费者权益保护法》

为更好的保护消费者合法权益,规范市场主体生产经营行为,构建和谐的消费关系,我国消费者权益保障制度应当与时俱进,大胆吸纳公益诉讼制度;进一步优化完善商品召回制度;承认"职业打假人"的法律地位;强化消费者协会的职能;才有助于在全社会营造出商业诚信文化氛围,最终成为扩大内需,拉动经济持续增长的内在动力。     

Fundamental Rights and the European Regulation of iConsumer Contracts

This paper addresses the question of how fundamental rights affect European legislation and adjudication on contracts regarding digital information services (iConsumer contracts). Fundamental rights may be seen as representing political choices for the protection of certain values in society, but at the same time, they are enacted rules of the legal system, which may be invoked to enforce the protection of the interests they represent. It is submitted that because of this double-faced nature, they can bring to the fore policy issues in contract legislation and case law. Fundamental rights can thus play a role in evaluating the policy choices that are being made in the review of the acquis communautaire in the field of consumer law. For iConsumer contracts, that means that the rights of consumers, authors, and suppliers of copyright-protected content affect the choice of rule-solutions on the European legislative level. Furthermore, these rights have an impact on the case law of the European Court of Justice in the field of e-commerce. Fundamental rights help define the various rule-solutions the Court can choose from and thus demarcate the law-making capacity of the judiciary.

Download of Copyright-Protected Internet Content and the Role of (Consumer) Contract Law

The software, music, and movie industries keep suggesting to consumers that if they copy digital contents they may find themselves in jail. Moreover, horrifying damage claims are in the air. The problem with these scenarios is, amongst others, that it is difficult to understand for consumers where their rights end and where illegal use of content begins. This article focuses on the contractual relationship between online content providers and consumers. It explores relevant consumer law issues and lays open the legal uncertainties of the current regimes at the European Community (EC) and national level. The article then looks at current ideas put forward by the Commission on how to regulate internet consumer law. It concludes that a sector-specific i-consumer contract law should be introduced and offers proposals related to its possible content.

Consumer Adaptation Strategies: From Austrian Shilling to the Euro

On 1st January 2002, in 12 countries of the European Union, euro notes and coins replaced existing national currencies. The currency changeover required citizens to adapt in various ways. They had to learn to handle new coins and notes, and evaluate prices in the new currency. Data on how these tasks were performed by Austrians are presented. In particular, Austrian consumers applied four different strategies to establish price intuition for the euro: a conversion strategy, an intuitive strategy, an anchor strategy, and a marker value strategy. Data on these strategies show that their application varies across socio-demographic characteristics, differs with purchase situations, relates to euro attitudes, and changes over time. Although the introduction of the euro took place about 5 years ago, the adaptation process is still ongoing.     

国际投资法视野下的碳排放权

根据《华盛顿公约》与具体的投资协定,碳排放权可被视为投资。因此,碳排放权在遭受征收或歧视时可受到国际投资法的保护,并可得到公平与公正待遇的保障。由于东道国在国际投资争端中的应诉成本很高,一些国家可能会减缓排放交易机制的实施。考虑到在全球范围内建立排放交易机制的重要性,不应给予碳排放权过高的投资保护。在国际投资协定中纳入环境例外条款可以在环境保护与投资保护之间实现最佳平衡。     

法律制度、资本流动与国际收支失衡——基于法与金融学的视角

本文通过对48个国家(地区)国际收支平衡表两个账户顺差、逆差年份的均值检验发现:普通法系和大陆法系国家在国际收支表现上存在显著的差异。普通法系国家更多地表现为资本账户顺差和经常账户逆差,而大陆法系国家正好相反。作者认为法律制度由于影响到国际间资本流动,从而它是造成国际收支失衡的原因之一。法律不仅通过影响一国金融市场发展程度从而作用于国际资本流动,同时它本身就是一个影响资本流动的独立因素。     

我国引入消费金融公司的法学思考

消费金融公司是国际金融危机之下国家干预经济的产物,其宗旨是为中低收入人群提供以消费为目的的贷款。消费金融公司在法律性质上是一个特殊的营利性非银行金融机构,受银监会的管理和监督,与商业银行、经销商、借款者之间有着特殊的法律关系,在运行、监管和业务模式等方面都还存在诸多需要解决的法律问题。     

禁止知识产权滥用：公法与私法的价值契合——以知识产权法与反垄断法为视角

近年来,由于企业避免沉没成本的现实要求与企业作为经济人本性的使然,知识产权滥用有愈演愈烈之势。滥用知识产权会妨碍竞争,扰乱自由、公平的竞争秩序,有损经济发展。反垄断法作为经济宪章有必要对知识产权滥用行为进行规制。反垄断法与知识产权法在效率和利益价值目标上具有趋同性,功能上具有互补性,具有禁止知识产权滥用的连接点功能。     

Consumer purchase behaviour of irradiated beef products: a simulated supermarket setting

In December 1997, the US Food and Drug Administration approved the use of irradiation to kill harmful bacteria in beef. As a result of limited information about consumers’ potential response to implementation of this technology, a supermarket simulation setting (SSS) test was conducted to assess consumer purchase behaviour. The objectives were to determine consumers’ willingness to purchase irradiated beef products when provided with information at the grocery store level and consumer's perceptions towards irradiated beef. Primary household grocery shoppers (n = 207) in Griffin, Georgia, USA who consumed beef at least twice per week participated in the study. Ground beef, ground chuck, top round steak and rib eye steak were displayed in refrigerated cases in either traditionally labelled packages (non‐irradiated) or in packages labelled as irradiated. Irradiated and non‐irradiated beef had the same unit price. Participants were instructed to purchase two packages of each cut on their first shopping trip; they then shopped a second time after an informative poster about irradiation had been placed in the display cases. The results indicated that irradiation information displayed on the poster at the point of purchase was effective in causing significant change in beef purchase behaviour. The information caused some consumers who had bought traditional packages initially to buy irradiated packages subsequently while others who bought irradiated packages initially subsequently bought traditional packages. Hence, the net effect of the information was minimal. A mean test across form/cut showed that consumers did not differentiate between the ground form and the muscle form in selecting irradiated packages.     

《物权法》:国家、公民财产权利保障书

《中华人民共和国物权法》是一部明确物的归属、保护物权、充分发挥物的效用、维护市场经济秩序、维护国家基本经济制度、关系人民群众切身利益的民事基本法律,是法律体系中起支架作用的重要法典。它的作用:一是定分止争,通过确认物的归属,加强对物权的保护,达到维护社会正常秩序的目的。它与社会公众的衣食住行和生老病死等切身利益息息相关,密不可分,被称为"公民财产权利保障书"。二是促进物尽其用,通过规范物权人的权利义务,为物权人充分利用财产提供良好的法制环境,鼓励权利人创造财富,积累财富,扩展物业。它在总结我国民事立法和司法活动长期积累的经验基础上,结合中国的实际情况,设计出了一整套体系完备的物权法律规则,是一部保障安居乐业法,也是一部促进经济发展、构建和谐社会法。     

Consumer acceptance of food irradiation: a test of the recreancy theorem

Consumers living in both developed and developing nations rely upon foods that have been produced and processed in many countries and in a wide variety of ways. Therefore, it is not surprising that they express concerns about the safety of their food supplies. A technology proposed to improve consumer trust in food safety is irradiation. Despite extensive education efforts and endorsements given by many health‐related organizations worldwide, food irradiation has been slow to gain widespread acceptance. This ineffectiveness of diffusion efforts might indicate a need to broaden our theoretical perspectives of consumer acceptance of controversial technologies. Most theoretical approaches explain acceptance primarily as a function of perceived risks associated with a technology. The recreancy theorem, in contrast, explains acceptance as a function of public trust in societal institutions to effectively manage a technology. This study investigated the extent to which the recreancy theorem explained acceptance of food irradiation by US consumers, while statistically controlling for perceived risk and social‐demographic variables. The study used a longitudinal field design to survey one adult each in 116 households located in the Minneapolis, Minnesota area during the first large‐scale market test of irradiated food. The results indicate that the recreancy theorem might provide a valid conceptual approach to gaining a broader understanding of consumer acceptance of controversial new technologies.     

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.     

An Exploration of U.S. Consumer Perceptions and Affect: Two Forms of a Soy-Based Food Product

ABSTRACT

This article focuses on a consumer comparison of fresh tofu and frozen tofu, and the investigation of consumer perceptions of and responses to, both products. A literature review of consumer perceptions and attitudes toward soy products was carried out. Consumer perceptions and affect were then qualitatively investigated using separate focus groups composed of “soy-users” and “health conscious” consumers. Extensive taste tests of the product, using five different recipes, comparing and contrasting frozen versus fresh forms of tofu were conducted to obtain sensory evaluations. The results indicate that many consumers are unfamiliar with the product, yet tofu is perceived to be an acceptable food for those inclined to use soy-based products, as well as those who are otherwise healthy eating conscious. In taste tests, it was found that the recipes in which tofu was disguised were preferred. In addition, frozen tofu was generally found not to be perceived as markedly different from the fresh product. Implications of the findings for marketing fresh and frozen forms of tofu are discussed.     

试析劳动者合法权益保护存在缺陷及解决方案——以《劳动合同法》的理论上的精确解读为视角

劳动者权益保护的问题既是重要法律问题,也是重要社会问题。当前,现行《劳动合同法》劳动者权益保护存在缺陷,企业裁员对劳动者权益损害严重,过渡条款适用对劳动者产生不利影响。完善《劳动合同法》对劳动者合法权益保护,应重视农民工权益的保护,提高裁员后对劳动者的经济补偿水平,加强对过渡条款适用范围限制,从劳动合同签订的主体入手,加强其法律意识,从根本上解决法律缺陷对劳动者权益带来损害。     

应收账款质押的信贷风险控制——基于法学视角

虽然应收账款质押具有社会经济意义,但信贷机构却承受着较大的风险。为控制信贷风险,应完善应收账款的公示模式,使质押效力有力地约束出质人并及于次债务人,同时确立受损应收账款质押债权的赔偿制度。     

国债金融效应:基准利率视角的分析

本文从我国金融市场的发展现状出发,分析了国债利率成为我国金融市场基准利率的必然性和现实性。市场基准利率及其期限结构是一切金融产品的公正定价的基础,因此,作为基准利率的提供者,发达的国债市场是企业债券市场发展、衍生产品创新的前提条件。同时,金融市场的有效性有赖于金融产品的正确定价,本文以股票市场为例证明国债利率对于金融市场效率的提升具有重要作用。     

中国加工贸易升级状况分析:基于全球生产网络视角

本文将加工贸易置于全球生产网络背景之下,在系统界定加工贸易升级内涵的基础上,依据问卷调查结果和相关资料,从产业与产品、价值链、企业能力、企业网络地位、关联与外溢效应等方面对我国加工贸易升级状况进行了分析。结果表明,我国加工贸易已经形成了比较好的升级态势,但总体上仍处于低等级供应商和劳动密集型或非差异化加工为主的阶段,面临进一步升级的严峻挑战。     

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.