论《消费者保护法》中的惩罚性赔偿在保险领域的适用

在保险人欺诈的情况下,保险消费者可以依据《消费者保护法》第五十五条第一款请求惩罚性赔偿。在保险领域适用惩罚性赔偿并不会与损失填补原则发生冲突,也不会动摇保险的射幸性。在我国《消费者保护法》的体系内,惩罚性赔偿中的欺诈限于故意。与传统民法不同的是,《消费者保护法》中欺诈的认定不需要保险消费者因受欺诈而作出违背真实意志的意思表示。保险人恶意拒赔的行为可以直接认定为欺诈,从而适用惩罚性赔偿以解决保险理赔难的困境。惩罚性赔偿以保险费作为计算基数。     

国外金融消费者保护发展及启示

本文在分析比较美国、英国、新加坡和日本等国金融消费者保护发展现状的基础上,指出我国面临着金融消费者法律法规不健全、公众金融知识匮乏、金融机构和行业自律机制尚不健全等问题。鉴此,本文提出推进金融消费者保护法制建设、界定金融消费者保护范围、强化金融消费者教育、规范市场交易行为、完善金融消费者保护的动态机制等政策建议。     

Consumer education and everyday futures work

The purpose of this article is to draft new tasks for consumer education in a transformed and transforming world and consumption situation. The basic claim is that consumer education needs to become empowering or emancipatory, and that this can be reached through emphasizing the futures aspect and skills concerning everyday futures work. The functions of traditional consumer education can be described as socializative, preventive and corrective. This is not enough in a rapidly changing world in which consumers face completely new challenges. Section 2 of this article studies changes focal to the individual consumer. In Section 3 I define the basic functions of a household as an economic unit, consumption and consumer education. In Section 4 I continue the analysis of the functions of consumer education with the help of the neologism everyday futures work, which is grounded on the application of Joseph Nuttin's theory of action. I also argue that to fulfill an empowering function, consumer education has to emphasize the futures aspect. The core concept here is futures-will, which highlights the dynamic character of human action. In Section 5 I suggest relevant solutions for consumer education in relation to the challenges and functions of consumption described above as well as explain how the enhancing of everyday futures work skills could be applied in the framework of the cycle of human action. I conclude the article by discussing some recent topics in consumer education to show that consumer education thinking is in some measure - even if not often explicitly expressed - converging with futures education.     

论金融消费者与投资者的识别标准

金融消费者与投资者所标识的两类主体之间是否有本质意义上的不同,亦或只是概念上的区别并无实质性差异,这是金融消费者保护立法过程中无法回避的问题。如果两者之间确有差异,识别两者界限的标准就显得格外重要。通过分析金融契约关系中个体自然人承担的权利义务及法律风险方面的系统性差别,本文指出,将参与金融活动的个体自然人分为金融消费者与投资者具有实际意义,现有理论所提出的主观标准因缺乏明确性容易导致认识分歧的产生,资信授予客观标准的采用或许是更优的选择。     

广告创意与生活世界

广告创意源于生活,体现生活,服务生活。回归生活世界是广告创意的根本精神,也是它的普遍趋向。消费者的情感是人的生活世界的内在表征,也是广告创意成功与否的关键所在。关注消费者情感因素应是广告创意的题中之义。     

天目山农家乐可持续发展问题研究——基于利益相关者理论

运用利益相关者理论,结合实地考察的结果,通过对天目山农家乐利益主体之间的现状分析,发现了各利益主体之间均存在不同程度的冲突,并以此为基础,提出了天目山农家乐可持续发展的对策。     

How to inspire value-laden collaborative consumer-generated content

Marketing is evolving into true participatory conversations. Once-tidy, controlled marketing communications with distinct, identifiable corporate spokespeople are giving way to a messy tangle of market-based communications consisting of multiple authors including customers, competitors, observers, employees, and interested collectives. Amidst this, we find consumer-generated content (CGC) that is predominantly antithetical to previous studies, which assumed CGC to be inspired by personal brand attachment and/or the desire to see discrete-authored CGC disseminated, or even motivated by monetary reward. Authorship of collaboratively-produced CGC is virtually untraceable, unknown, and monetarily uncompensated. The true reward is the process, and the outcome is not reliant on technical prowess but rather semiotic manipulation, narrative manipulation, and complex brand character development. Consumers—especially those who are members of active consumer collectives—are skillful, proficient, and prolific in the creation of CGC, with high resonance among very engaged consumers. We advocate harnessing collaborative CGC efforts toward long-term marketing objectives, and offer a brief tutorial.     

Tracing distant environmental impacts of agricultural products from a consumer perspective

Globally, trade flows of agricultural products are increasing. While value is typically added along the whole production chain, certain environmental impacts, such as land and water use, biomass appropriation, and soil degradation, are intrinsically linked to where the primary products originate from. When taking a consumer oriented approach on environmental problems, bilateral trade statistics can help in providing a clearer picture about the location of impacts caused by consumption elsewhere. However, in today's increasingly globalized world, consumer goods are often imported from countries other than where the primary product originated from. For instance, soybeans are transported from Brazil to the Netherlands, where they are processed into soy oil, which is shipped to Austria, where it is consumed. Utilizing bilateral trade matrices and matrix algebra, we present a method that allows to clearly link consumption patterns to the origin of primary products. In this, the method can help to provide information about consumption related, distant environmental impacts. We employ the case of land and water use linked to Austria's soy product consumption to demonstrate the approach's relevance. Finally, we outline some possible applications of this method to show its potential in enhancing understanding for informed consumer based environmental decision making.     

Bayesian approach to assess consumers’ brand selection process and identification of brand attributes in a service context

The proliferation of branded products and services within the last decade has made it increasingly difficult for consumers to distinguish and choose amongst various brands. To reduce the complexity when choosing one brand over another, consumers may focus on a small set of a few brands in which they contrast and compare. This study examined the consumer's brand categorization process and brand evaluations using Bayesian statistics. Particular brand attributes within the Evoked Set resulting in a significant influence include the consumers’ confidence in their ability to evaluate speed of service, taste, price, quality and location of the branded restaurants. Consumers placed restaurant brands in their Hold Set due to lack of confidence in evaluating the taste of the products offered, its prices, brand locations and, most likely, not having formed a clear opinion about the brand. For the most part, cognition and confidence predictably predisposed a consumer to place a brand in the Foggy Set. Finally, in the case of Reject Set, lack of confidence in evaluating a brand, dissatisfaction with a brand and a negative intention to eat at a restaurant were significant factors in placing a brand in a consumers’ Reject Set.     

Consumer’s Perception of Fruit Innovation

The objective of the present report is to explore consumers’ perception of fruit and fruit product innovations, in particular nutritionally enriched/fortified fruit and laser-tattoo labeled fruit. These innovations may modify consumers’ visual representation of fruit, influencing their perceptions of fruit integrity. The research included 537 face-to-face interviews with shoppers at the point of sale and was analyzed with the use of factor analysis and multivariate logistic regression. Results show that the consumers pursue “nature integrity–oriented” innovation, for both health and environment-oriented innovation. The consumer is cautious toward innovation and accepts it if the final product keeps its original familiarity. Consumers are more inclined toward innovation if they have a higher education level, are young or middle age, or have a higher income. To conclude, innovation is positively perceived if it respects consumers’ perception of fruit as being intrinsically natural. Innovation in fruit and fruit products should be tested against consumers’ acceptance.