中马产品责任比较研究

中国与马来西亚互为对方的主要贸易国,双方贸易往来日趋频繁。为有效地保障两国的消费者权益,两国均对产品责任进行立法。将从产品责任立法模式、产品责任主体、产品责任归责原则以及产品责任损害赔偿范围等方面,对两国责任法进行比较分析。     

中马产品责任比较研究

中国与马来西亚互为对方的主要贸易国，双方贸易往来日趋频繁。为有效地保障两国的消费者权益，两国均对产品责任进行立法。将从产品责任立法模式、产品责任主体、产品责任归责原则以及产品责任损害赔偿范围等方面，对两国责任法进行比较分析。     

浅析产品责任归责原则的内涵

一、侵权责任归责原则的含义 归责的含义不同于责任的概念，它是一个复杂的责任判断过程。侵权责任，是指行为人侵害了他人权利或违反了民事义务而依法应承担的强制性的法律后果，它根源于对绝对权利和法定义务的违反。归责的含义，是指行为人因其行为和物件致他人损害的事实发生以后，应依何种根据使其负责。归责是寻找使行为人承担责任的依据或者基础，解决的是如何分配损害责任的问题。     

论产品责任案件中责任承担主体

随着市场经济的发展,社会产品极大丰富,人们因使用有缺陷的产品而发生的产品责任案件在近年屡见不鲜。在产品责任案件发生后,哪些主体应当对受害者的损失承担赔偿责任是一个值得探讨的问题。针对产品责任案件中生产者、销售者和维修者的具体不同情况研究其是否应当承担责任。     

浅析产品缺陷－兼与产品瑕疵比较

产品缺陷是《产品质量法》中一个重要的法律概念，其实质是产品缺乏合理的安全性。其引起的损害赔偿责任的民事侵权责任，以对产品之外的人身或财产有损害为构成要件。承担责任的方式为民事赔偿，主体是生产，销售只有在有过错 的情况下承担责任。产品缺陷与产品瑕疵是两个不同的法律概念，二在判断标准、承担责任的性质、方式、构成及责任主体、索赔途径等方面的有本质区别。     

产品责任损害赔偿范围研究

产品缺陷致人损害,受害人有权向生产者或销售者主张赔偿,或要求他们共同承担产品损害赔偿责任。首先需要对产品存在缺陷与否进行认定,这是产品责任内的先决条件;其次在确定产品责任赔偿主体时,应适当考虑受害方是否存在过错,以最终确定赔偿方的责任承担;最后损害赔偿的范围应以受害人的合理损失为限,充分考虑各方利益衡量。     

论产品瑕疵责任与产品缺陷责任

市场经济的发展导致社会消费品越来越丰富,而产品质量问题也日渐突出。产品质量问题中最为普遍重要的是产品瑕疵与产品缺陷,本文试图厘清两种责任的关系,并对我国的产品质量立法提出一些思考。     

中美产品责任若干法律制度比较

我国的产品责任问题作为当前一个严重的社会问题，急需立法者制定一部完善的产品责任法加以规范和调整。为此，通过归责理论和产品责任减免事由等将我国的产品责任法律制度同当今世界上产品责任立法最发达的美国比较，为我国早日制定高水准的产品责任法提供一些不成熟的建议。     

浅析产品缺陷——兼与产品瑕疵比较

产品缺陷是《产品质量法》中一个重要的法律概念,其实质是产品缺乏合理的安全性。其引起的损害赔偿责任为民事侵权责任,以对产品之外的人身或财产有损害为构成要件。承担责任的方式为民事赔偿,主体是生产者,销售者只有在有过错的情况下才承担责任。产品缺陷与产品瑕疵是两个不同的法律概念,二者在判断标准、承担责任的性质、方式、构成要件及责任主体、索赔途径等方面均有本质区别。     

Addressing negative product attribute reviews: The case of advertising product attributes and corporate social responsibility information

Negative product reviews are bad for businesses. They can adversely affect product sales, brand evaluations, and brand loyalty. To attend to negative reviews, one approach is through advertising products or company virtues. The current study examines the efficacy of different advertising approaches (core product attribute advertising vs. non-core product attribute advertising vs. corporate social responsibility [CSR] advertising) in helping dilute the negative effect of dissimilar negative product attribute reviews (negative core product attribute reviews vs. negative non-core product attribute reviews). Through four experiments, we found that when the non-core attribute of a product had negative reviews, a core attribute advertising approach weakened the effect of negative reviews. However, CSR advertising was less effective. Furthermore, when the core attributes of a product had negative reviews, a non-core attribute advertising effort did not weaken, but actually augmented the impact of negative reviews. In addition, when the core attributes of a product received negative reviews, CSR advertising decreased the influence of negative reviews. Our findings provide theoretical and managerial implications for managing negative online reviews of product attributes.     

The pivotal roles of product knowledge and corporate social responsibility in event sponsorship effectiveness

The authors apply consumer theories of cognition to event marketing specifically in relation to corporate sponsorships. Upon conducting field surveys with attendees (n = 1636) at an international sporting event with a multinational sponsor, the authors demonstrate the pivotal roles that 1) attendees' knowledge regarding the sponsor's product, and 2) perception of the sponsor's commitment to corporate social responsibility have on successful event sponsorship. Specifically, structural model results show how attendees' knowledge of the event sponsor's products and perceptions of the sponsor as socially responsible enhance attendees' commitment to the sponsor and intentions to purchase the sponsor's products. These results provide scholars and managers with means of improving event marketing communications.     

"区域"制度下担保国的义务与责任研究

本文分析区域制度下,担保国对于其所承保的在"区域"内的活动所应履行的义务,承担的责任.从而对担保国在"区域"开发中的角色有一个更好的了解.     

论农村信用社立法若干制度的完善

目前,农村信用社立法严重滞后,许多制度、规定不尽合理,亟需进一步修改。为促进农村信用社的发展,在农村信用社的责任制形式方面,应增加保证责任制;农村信用社社员来源应包括自然人,并规定具体的入社条件;为加强对农村信用社的监管,应完善农村信用社自律监管法规,健全农村信用社行业自律机构。     

Schadenfreude and product failures: the role of product deservingness and product status

ABSTRACT

This article examines the influence of product considerations on the experience of schadenfreude – taking pleasure in the suffering of another consumer. We examine how schadenfreude is affected by the extent to which the person suffering a product failure deserves to own the product and the status of the failed product. This work also explicitly considers how these factors interact with those of the person observing the misfortune. These ideas are tested across three experiments. The results show that high product status increases schadenfreude via its exacerbating effects on envy and that a lack of perceived product deservingness increases schadenfreude via both envy and deservingness. These effects differ based on the corresponding factors of the observer where the observer’s own deservingness and lack of product status are found to exacerbate schadenfreude via envy.     

On the relationship of hope and gratitude to corporate social responsibility

A longitudinal study of 308 white-collar U.S. employees revealed that feelings of hope and gratitude increase concern for corporate social responsibility (CSR). In particular, employees with stronger hope and gratitude were found to have a greater sense of responsibility toward employee and societal issues; interestingly, employee hope and gratitude did not affect sense of responsibility toward economic and safety/quality issues. These findings offer an extension of research by Giacalone, Paul, and Jurkiewicz (2005, Journal of Business Ethics, 58, 295-305). Lynne M. Andersson, Ph.D. is Associate Professor of Human Resource Management at the Fox School of Business and Management, Temple University, in Philadelphia, Pennsylvania. Her teaching and scholarship focus on the dark side of business organizations; in particular, she’s been examining some social maladies that are arguably associated with late capitalism (cynicism and incivility) as well as the role of social activism in countering capitalist barriers to sustainability. Robert A. Giacalone, Ph.D. is Professor of Human Resource Management at the Fox School of Business and Management, Temple University, in Philadelphia, Pennsylvania. His research interests focus on the impact of workplace spirituality and changing values on business ethics. He is currently Co-editor of the Ethics in Practice book series. Carole L. Jurkiewicz, Ph.D. is the John W. Dupuy Endowed Professor and Women’s Hospital Distinguished Professor of Healthcare Management at Louisiana State University. She has published numerous research articles, books, and news articles on the topics of organizational ethics, leadership, and behavior.     

Obesity: the link between stigma and perceived responsibility

ABSTRACT

This study explores the link between stigma and perceived responsibility in the context of obesity, through the lens of attribution theory. The life narratives of three obese individuals and the verbalisations from semi-structured interviews with 60 young people (as potential stigmatisers) were collected to compare viewpoints about the perceived responsibility for carrying the stigma. First, in addition to internal and external responsibilities, the in-between case of luck appears as an alternative for both targets and potential stigmatisers. Second, the viewpoints diverge most regarding coping strategies: obese people are perceived as implementing disengagement strategies, whereas they themselves declare engagement strategies. Third, the targets reported a lived market stigma that is imperceptible to the observer’s eye. We conclude by discussing cultural factors like the femininity/masculinity dimension.     

Solving the problems of new product forecasting

An important consideration in solving the problems of new product forecasting entails distinguishing new product forecasting from the process of forecasting existing products. Particular differences between the two can be identified across the dimensions of data, analytics, forecast, plan, and measurement. For example, new product forecasting features little to no data with which to begin the process, whereas data are available and accessible in forecasting existing products. The minimal data situation requires a qualitative approach that lays out assumptions to provide transparency; in contrast, quantitative techniques are predominantly used when forecasting existing products. Different assumptions help construct a range of new product forecast outcomes on which company contingencies can be planned versus a singular point forecast for an existing product. And the measure of forecast accuracy, which is a common metric in forecasting existing products, must give way to meaningfulness so that the new product forecast is actionable. Recognizing new product forecasting as a cross-functional, company-wide process helps resolve the problems of new product forecasting. While incapable of remedying all problems, a properly understood and organized new product forecasting effort can help the company better prepare, execute, and support a new product launch, affording a greater propensity to achieve new product success.     

Organizational design of R&D after mergers and the role of budget responsibility

We consider an innovation contest between n firms in the presence of knowledge leakages from an innovating firm to its rivals. Our analysis focuses on the effects of these knowledge spillovers on merger activities between firms. In particular, we are interested in how different organizational designs of R&D after mergers affect profits of firms taking part in a merger and profits of their non-merging rivals. Three organizational arrangements are analyzed: first, a fusion of R&D departments in which the newly merged firm decides to close down one of the previously two R&D departments. Second, a profit center arrangement in which the newly merged firm keeps the old R&D departments as fully functional entities with a sovereign budget responsibility at each of the two departments. Third, a multisubsidiary organizational form in which the newly merged firm still keeps the old R&D departments but with restricted budget responsibility in the sense that they are forced to determine cooperatively their R&D budgets in order to maximize overall firm’s profits. It turns out that the different organizational designs of R&D after the merger and the budget responsibilities have major impacts on merger outcomes.