论新闻侵权中的精神损害赔偿

新闻侵权是在新闻传播的过程中发生的侵权行为 ,其主体为新闻机构 ,侵害的对象为他人的合法利益。新闻侵权发生后 ,新闻机构应当承担民事责任 ,既包括非财产责任 ,又包括财产责任。如果受害人要求精神损害赔偿的 ,人民法院可根据侵权人的过错程度、侵权行为的具体情节等情况具体酌定。在某些情况下 ,新闻机构可根据宪法规定的言论、出版自由和批评建议权主张免除或减轻其民事责任。     

略论行政不作为违法的国家赔偿问题

实践中，行政不作为违法给公民、法人及其他组织的合法权益造成的损害程度不亚于行政作为违法，我国的《国家赔偿法》在此方面的规定存在不足。本文将从该法有关行政不作为违法的立法缺失入手，肯定国家对此应当承担赔偿责任，浅析此举的意义，最后分析了如何将《国家赔偿法》中行政不作为违法纳入国家赔偿机制。     

Health Damage of Air Pollution: An Estimate of a Dose–Response Relationship for the Netherlands

This paper estimates the dose-response relationship between air pollution and the number of work loss days for the Netherlands. The study is based on illness data (work loss days) for the Dutch labour population and average year concentrations of air pollution in 29 districts. The dose-response relationship has been estimated by means of two different techniques: the ordinary least squares method (OLS) and the one-way fixed-effects method (OWFEM), which we consider to be more adequate. In general health effects are much smaller when OWFEM is applied than if OLS is used. With OWFEM a significant relationship is found between sulphate aerosol (SO₄), ammonia (NH₃) and the number of work loss days (WLDs). Particulates (TSP), O₃ and SO₂ have no significant effect on the number of WLDs. These results differ from those obtained in studies in the United States, which indicate that particulates (TSP) and other small particles, ozone (O₃) and to a lesser extent SO₄ and SO₂ significantly influence the number of WLDs.     

The damage costs of climate change toward more comprehensive calculations

It is argued that estimating the damage costs of a certain benchmark climate change is not sufficient. What is needed are cost functions and confidence intervals. Although these are contained in the integrated models and their technical manuals, this paper brings them into the open in order to stimulate discussion. After briefly reviewing the benchmark climate change damage costs, region-specific cost functions are presented which distinguish tangible from intangible losses and the losses due to a changing climate from those due to a changed climate. Furthermore, cost functions are assumed to be quadratic, as an approximation of the unknown but presumably convex functions. Results from the damage module of the integrated climate economy modelFUND are presented. Next, uncertainties are incorporated and expected damages are calculated. It is shown that because of convex loss functions and right-skewed uncertainties, the risk premium is substantial, calling for more action than analysis based on best-guess estimates. The final section explores some needs for further scientific research.     

对离婚损害赔偿制度的几点思考

界定了离婚损害赔偿的含义和功能,指出了离婚损害赔偿制度的法律意义、立法理由,就离婚损害赔偿的构成要件、关系主体、赔偿范围提出了自己的观点。     

Do religion and spirituality matter for hotel workers’ well-being and guests’ happiness? An update of the Attraction-Selection-Attrition theory

Drawing on the Attraction-Selection-Attrition (ASA) theory (Schneider et al., 1995), this paper examines how adhering to religious regulations and offering spiritual facilities may affect hotel workers’ psychological well-being and guests’ happiness. Using a mixed method approach, we collected data through two studies on religious practices and spiritual facilities at 5-star hotels in Jordan. In the first stage, interviews were conducted with 18 senior managers at hotels in the Dead Sea area (study 1). In the second stage, data were collected from Muslim guests who visited and stayed at a 5-star hotel in Jordan (study 2) and the hypotheses were tested with partial least squares-structural equation modelling (PLS-SEM) using SmartPLS 3.3.3. Our results indicate that spiritual facilities at hotels enhance workers’ well-being and guests’ happiness while not adhering to religious regulations adversely affects workers’ well-being and guests’ happiness. The paper offers a contextual and novel framework to understand the linkages between religion/spirituality and psychology at hotels in a diverse cultural context in the Middle East. The empirical studies highlight the contextual relevance and extension of Schneider’s (1995) ASA theory by incorporating religiosity/spiritualty and well-being of hotel employees in a Middle Eastern context.     

Loss and damage: a critical discourse analysis of Parties’ positions in climate change negotiations

The years-long negotiations on loss and damage (L&D) associated with climate change impacts reached a milestone with the adoption of the Paris Agreement, sanctioning the permanence of the Warsaw International Mechanism (WIM) created in 2013. The WIM aims at advancing knowledge gathering, coordination and support to address L&D associated with extreme and slow onset events in vulnerable developing countries (Decision 2/CP.19). Despite being among the most controversial issues to be recently treated in climate change negotiation, L&D has attracted little attention in the field of international relations. This paper aims at addressing this gap by reconstructing the emergence and evolution of the negotiating positions on L&D of developing and developed countries. It employs a critical discourse analytical approach and builds on Fairclough’s three-dimensional framework for critical discourse analysis, taking decision 2/CP.19 as the core communicative event. Consistently, the decision is analysed at three different levels: as a text (micro-scale); as a discursive practice (meso-scale); and as a social practice (macro-scale). The analysis makes use of a wide range of materials including previous decisions, High Level Segment statements and Parties submissions. It reconstructs Parties’ conflicting views on the positioning of L&D vis-à-vis the adaptation space (L&D as a part of, or as beyond adaptation) and the scientific, ethical and legal arguments employed to support these standpoints. It highlights, in particular, the strategic importance which the ‘compensation argument’ had in determining developing countries’ capacity to influence the UNFCCC process up to the inclusion of a specific article on L&D in the Paris Agreement. While calls for compensation might have lost momentum as a result of the Warsaw and Paris talks, the paper argues that their potential is far from exhausted. They in fact imply a more general request for climate justice which the UNFCCC has not yet addressed.     

基于台风危害的厦门地区园林树木受损 原因研究

基于2016年9月16日1614号台风对厦门绿地的严 重影响，通过为期2个月对台风现场实地调研以及相关部门抢 险的数据统计，第一时间了解此次台风中厦门重要园林树种的 受害状况，分析树木在台风中的受损原因。台风灾害发生后给 厦门市的园林树木以及景观带来巨大的损害，因此对于厦门地 区园林树木受损原因的研究非常有必要。研究了受损原因后， 才可以在灾前以及灾后对重要的园林树木种进行栽培养护管 理，增加厦门绿化的抗灾能力以及灾后的及时恢复工作。     

Being ignored at work: Understanding how and when spiritual leadership curbs workplace ostracism in the hospitality industry

Drawing on the conservation of resources theory, the present study theorizes that spiritual leadership is negatively related to workplace ostracism, both directly and indirectly via job social support and that employees’ justice orientation moderates the negative relationship between spiritual leadership and workplace ostracism. Based on time-lagged (three waves, two months apart) survey data collected from 252 hospitality employees, our findings reveal that spiritual leadership is negatively associated with workplace ostracism, both directly and indirectly via job social support. We also find that justice orientation strengthens the negative relationship between spiritual leadership and workplace ostracism. These findings not only highlight core theoretical contributions towards the existing literature on spiritual leadership, job social support, justice orientation, and workplace ostracism but also offer useful practical implications for hotel managers concerned about the repercussions of workplace ostracism for employees’ and organizations’ outcomes.     

Stability of international environmental agreements under isoelastic utility

There is now a growing consensus that ratifying International Environmental Agreements (IEAs) is the most effective way to tackle transboundary pollution problems. While the social benefit function (SBF) critically affects emission choices as well as decisions to ratify IEAs, the related economic literature has mainly concentrated on scenarios where the marginal SBF is linear. Using climatic data, I find that the linear marginal SBF case does not match data and isoelastic SBFs fit data better. In the more realistic, but not yet explored, context of isoelastic SBFs, I reconsider incentives to ratify IEAs. My analysis gives rise to novel conclusions. For instance, changes in the scale of damages do not affect the level of cooperation. When the scale of damages is small, variations of the SBF parameter reveal that large coalitions including the coalition of all countries are stable, but only when the potential gain from cooperation is sufficiently high.