关于定金担保的几个问题

定金作为合同担保的一种方式,经常被加以运用,但由于现行法律这方面的规定较为简单,在实践中易产生理解上的分歧而导致诉讼。文章认为,关于定金担保的标的物,除金钱以外可以扩大至价值具有可度量性的有体物;关于定金合同的成立必须以主合同的成立为前提,主合同不成立,定金合同亦不能成立;关于违约金或定金罚则的选择,应根据合同的约定、违约形态、违约发生阶段或者当事人损失的大小等来加以选择;关于定金罚则的适用,则必须以定金合同的有效为前提,而定金合同的无效,又存在全部无效和部分无效等情形。     

Copyright Damages and Statistics

This paper discusses the statistical issues that arise in conducting an economic damages analysis in the context of a litigation matter involving copyrights. Calculating damages in copyright cases turns out to be a natural application for econometric modelling methods. Surprisingly, elementary statistical issues can be a source of significant debate between the experts in such matters. In this paper, we present a case study and illustrate how issues such as interpretation of p -values and what "rejection of the null hypothesis" really "means" in such matters.     

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。     

Evaluating flood risk management options in Scotland: A participant-led multi-criteria approach

The characteristics of flood risk management include complexity, large spatial scales, inter-temporal issues, plural values and conflicts of interests. It is argued that issues with such characteristics require public participation in the decision making process. This study builds on existing deliberative processes to develop a new participant-led multi-criteria method to evaluate flood risk management options in Scotland. The results show that participants preferred regeneration or planting of native woodland to other flood management options, and least preferred building flood walls and embankments. The design of the workshops allowed a rich dataset to reveal the thinking behind such results and provided a deeper understanding of why participants came to these conclusions.     

Quantitative micro-scale flood risk assessment in a section of the Trotuș River,Romania

This paper focuses on the estimation of direct damages caused by three flood scenarios with different return periods in the section Făgetul de Sus – Ghimeş – Palanca Pass of Trotuș River, with the aim of highlighting the need of improved land use plans. The damage for three land use classes (residential building, infrastructure and agriculture) were estimated using the damage curves developed by the European Joint Research Centre (JRC) as well as site specific maximum damage values. The data were processed with the help of the ArcMap 10.2 software and FloodRisk tool from QGIS software. Furthermore, the flood risk was assessed using the damage – probability curves, which associates the damage with the corresponding frequency of occurrence. This method was identified and adapted to the characteristics of the study area in order to develop a methodology of flood risk assessment that is answering the question: does the lack of land use plans increase the vulnerability and the flood damage? The results showed that the greatest damages are registered for the residential building land use class for a flood probability of 0.001. In this case the damages reach up to 60% on the scale range of deterioration factor, the total damage value being 2 million euros. For the same hazard probability the total registered damage value for roads is 7500 euro, for railways is around 12,000 euro, while for agriculture is around 84,000 euro. These results highlight the need of protection measures and land use plans development and implementation. Regarding the protection measures we consider that the egalitarianism would be the concept that should be applied in the study area and also an improved cooperation between government, specialized agencies and local authorities at local level would lead to a more efficient flood risk management process. The proposed methodology can be applied for micro-scale analysis, providing quantitative results regarding the flood damage and flood risk assessment. It includes a detailed vulnerability analysis of the elements-at-risk with the aim of developing a more comprehensive approach of flood risk assessment.     

A game of give and take: The introduction of multi-layer (water) safety in the Netherlands and Flanders

At the beginning of the 21st century, the Netherlands and Flanders introduced a risk-based approach to flood risk management (FRM), labelled as multi-layer (water) safety. In contrast to a flood defence approach, risk-based management stresses the need to manage both the consequences and probability of a flood. The concept has developed differently in the two countries, as we conclude from a discursive-institutionalist research perspective. The Netherlands is characterised by a high institutionalization of the traditional flood defence discourse and a more closed policy arrangement, whereas in Flanders, the flood defence discourse is less institutionalized and the arrangement is more open. In both countries we see an opening of the arrangement preceding the establishment of multi-layer (water) safety, but at the same time, actors stress different aspects of the concept in order to increase its compatibility with the existing policy arrangement. In the Netherlands, the focus is on probability management, in Flanders on consequence management. In the Netherlands, multi-layer (water) safety as a concept could be established because it stabilises the system in the short-term by reinforcing the importance of flood defence, whereas in Flanders, policymakers were receptive to the concept because it supports a shift of responsibility towards actors outside traditional water management.     

Optimal combination of innovation and environmental policies under technology licensing

Under what conditions will a carbon tax encourage environmental innovation? Can a regulator design an optimal environmental policy to reduce emissions and to promote clean technologies? This paper studies optimal environmental policy in the situation where a monopoly innovator develops and licenses clean production technologies to downstream polluting firms. We find that (i) a higher emission tax will encourage innovation when the burden of the tax payment in the polluters' costs and/or the price-elasticity of the demand for polluting goods are small, (ii) the innovation-inducing effects of emission tax are inversely related to the emission-reduction (Pigouvian) effects of the tax, and (iii) the social optimum can be achieved by the mix of tax and subsidy. We also show that if the policy instrument is limited to the tax, the second-best tax rate would lie between the marginal damage and the first-best rate. By performing numerical simulations, we also demonstrate that the optimal mix of the emission tax and R&D subsidy can have “double dividend” benefits.     

The decision game: a serious game approach to understanding environmental risk management decisions

Abstract

Here we describe the implementation of an experimental research tool called the Decision Game that we used to collect data on household flood risk management decisions. Participants using this tool play an interactive game that involves making household decisions about place of residence and a variety of household expenditures, including spending on flood insurance and private flood risk mitigation. Participants also answer survey questions before and after playing the game; the pre-game survey collected demographic information, and the post-game survey collected information about participant experiences with flooding and flood mitigation. Online and face-to-face participants showed similar engagement with the experiment, and most participants appeared to have made deliberate and considered decisions about risk mitigation. Online study participants had similar responses to those who participated in person, although face-to-face participants seemed slightly more likely to mitigate against risk. Overall, participants in this research were younger, more educated and more likely to rent a home than the average Canadian. Serious games may be useful for augmenting existing data gathering strategies used in understanding environmental decision making, particularly for rare catastrophic events for which stated preference surveys may be less informative. Serious games allow for sharing a mixture of information with study participants, including maps, video clips, text and even immersive 3D experiences, and can be administered online to increase participation levels. Future research will consider longer duration online experiments and more immersive interaction frameworks.     

Impacts of land-cover change on the water flow regulation ecosystem service: Invasive alien plants,fire and their policy implications

Land and water resource issues typically fall under separate governance systems. For example, agricultural policy regulates land-cover change while water departments regulate water quality. However, land-use changes can directly affect water resources. Water flow regulation is a key service which is affected by changes in land-cover but its dynamics are poorly understood by most policy makers and land management organisations. We simulated and quantified the effects of plant invasions on land-cover, hydrological soil characteristics and catchment responsiveness on flow regulation using a hydrological model. The case study was located in the indigenous fynbos shrublands in South Africa. Fynbos requires fire to regenerate, has moderate biomass, occurs mostly in areas with a potential to erode and is prone to invasion by woody plant species, particularly trees. Invasions can affect flow regulation by changing community structure and function and increasing fuel loads. The greater fuel load increases fire intensity and severity which, in turn, changes the hydrological responses of catchments. Few studies have assessed the effects of invasion on hydrological responses but studies on plantations have recorded significant increases in soil water repellence following fire, resulting in increased overland flow similar to impacts of fires in invaded areas. Simulation of clear-felling of pines and different degrees of water repellency increased both the responsiveness of the catchment to rainfall and extreme rainfall events. The simulated fire effects were consistent with other studies of hydrological responses to fire. Our study indicates that invasions of pines and acacias in the study area could substantially increase the risk of flood damage even from moderate rainfall events, and highlights the importance of maintaining flow regulation capacity. New policy approaches are required which take account of the linkages and interactions between land-use choices, water resources and ecosystem services, and address them when considering governance arrangements.     

The role of public participation in encouraging changes in rural land use to reduce flood risk

Changes in rural land use to reduce flood risk are encouraged by governments in many countries, but they may face considerable opposition by land managers. Local participative processes are thought to help overcome opposition. This article presents an evaluation of an intensive participative process set up between land managers and governmental agencies following two severe floods in the transboundary Bowmont–Glen catchment in Scotland and England. A combination of interviews and documentary analysis is used. The research demonstrates that the participative process contributed to greater uptake of rural land use change and improved compliance with existing environmental policies. There were nevertheless low levels of social learning amongst participants. Two institutional designs for improving policy implementation are presented.