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。     

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.     

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.     

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.     

User-generated product reviews on the internet: the drivers and outcomes of the perceived usefulness of product reviews

This study examines how people cope with the user-generated product reviews (UGPRs) found on various websites where anonymous web users post and share their personal product usage experiences. Based on information processing model of communication, we postulate that there are source, message, media, and receiver factors to influence individuals' psychological processing of the UGPR messages, and its subsequent behavioral outcomes. A survey was administered by a professional market research firm to 262 randomly selected US residents from 18 to 55 years old. Consistent with the predictions, the results of the structural equation modeling analysis showed that the perceived source expertise, message objectivity, website credibility, and receiver–source similarity had positive and direct impacts on the perceptions of UGPR usefulness, which, in turn, positively influenced individuals' willingness to share product reviews with others. A series of causal model invariance tests also confirmed that the findings were statistically invariant across different subgroups divided by such factors as product categories, websites, subjective product class knowledge, past UGPR experience, and the susceptibility to informational influence.     

Social responsibility of countries and their international trade: A gravitational approach

This article presents an econometric study based on a gravitational model estimation of the link between the prevailing social conditions in a country and its exports. It is based on an original indicator of social conditions: the Responsible Competitiveness Index (RCI) launched in 2007 by AccountAbility, the organisation that introduced the international AA1000 Standard. The regressions initially show a positive connection between the social responsibility of the countries and their exports. It is not a linear connection but shows a bell-shaped curve stronger in countries with lower levels of social responsibility (Southern countries): it can be negative in countries with high levels of social responsibility (Northern countries).     

Effects of quality and corporate social responsibility on loyalty

The purpose is to investigate the impact of corporate social responsibility perceptions on three aspects of customer loyalty for a new bank service (Travel Card) relative to a recognised major predictor in service quality. Surveys were completed by 204 bank consumers in Australia. Using a series of regression equations, two sets of socially responsible perceptions had significant effects on purchase intention and positive word of mouth. In both cases, new socially responsible information was twice as strong a predictor as service quality. However, for affective commitment, service quality was the dominant predictor. Furthermore, existing perceptions of socially responsible performance had a negative effect on purchase intentions. The study presents the first evidence that new socially responsible perceptions for a service firm can be a more powerful predictor than corporate abilities. The findings further illustrate the differential impacts of socially responsible information on different loyalty conceptualisations.     

我国农产品市场价格变动背后的生产成本效应--以粮食为例

以粮食为主要研究对象,探讨我国农产品市场价格变化过程中存在的生产成本效应。在具体方法上,将成本因素划分为生产成本、供应成本和机会成本三类,选取有关变量指标,并选择小麦、稻谷和玉米三类代表性的粮食,以1988年~2017年全国数据为样本进行实证检验。结果发现:我国粮食价格上涨背后的成本效应非常显著,农业生产资料价格、劳动力成本、农产品物流成本、劳动力机会成本等是引起我国粮食价格上涨的重要成本因素;此外,粮食区域供应成本是小麦和玉米价格上涨的一个推手,但是对稻谷价格的推动作用却不显著。