德国环境设备责任制度初探

德国《民法典》确定了一般环境侵权的规则——行为责任,再以《环境责任法》确立了特殊的环境侵权的规则——设备责任。设备侵权是危险责任的一种,其构成要件有两个:设备运营对环境产生不良影响进而导致损害;人身、财产受侵害。设备责任的承担不要求设备运营人的过错。设备责任归责采用因果关系推定原则。     

关于企业环境保护审计的初探

从环保审计的现状入手，分析目前企业环保审计难以向纵深发展的主要原因，提出实施企业环保审计的最佳切入点，将环保审计融入常规审计之中，并对环保审计提出配套的措施，确保环保审计适应现代化企业的发展。     

关于修改《水污染防治法》的几点思考

以现代环境伦理观为指导分析修改水污染防治立法目的,然后以水权体系构建水环境管理权体系来完善水污染防治管理体制,最后从法律责任方式角度提出了完善水污染防治法律责任制度的建议,以期促进水污染防治法的完善,保障和改善我们赖以生存的水环境。     

The impact of the carbon tax policy on green building strategy

As Green Corporate Social Responsibility spreads across the globe, the construction industry is under pressure to reduce the carbon emissions across their building projects. Between maximum profit and environment management, mathematical programming can be used as a decision support tool concerning the optimal green building projects portfolio. This environment strategic decision problem is addressed in this study where an activity-based costing decision model incorporating carbon tax costs and construction resources constraints is developed from the perspectives of capacity expansion and green technology outsourcing. The results illustrate the positive contribution of the mathematical programming approach to achieve viable green building projects portfolio solutions. Sensitivity analyses are carried out to analyse the impact of carbon footprint emission variation on maximum profit, and the corresponding results are discussed.     

对“撞了白撞”问题的思考

在《中华人民共和国道路交通安全法》公布前后有关“撞了白撞”被否决的宣传对交通安全不利。“撞了白撞”的演绎存在片面性 ,“撞了白撞”被否决的宣传不符合自然科学规律 ,存在理论上的误区。人们应该清楚的认识到 :获得交通事故损害赔偿并非获得了交通安全保障 ;行人、非机动车等交通“弱者”在一定条件下可转化为交通“强者”。对法律、法规的宣传 ,既要讲究法律原则和社会道德准则 ,也要讲究科学性。     

安全生产是企业领导者的首要工作

本文结合鞍钢多年安全生产工作实践,从企业领导者的角度,阐述了安全生产在企业中的地位、作用及重要性,提出了一把手安全生产负责制的对策及实施方法,这对于提高企业领导者的安全素质,搞好企业的安全生产工作具有重要的指导作用。     

Culpable versus non-culpable traffic accidents; what is wrong with this picture?

INTRODUCTION: It is often implicitly or explicitly assumed in traffic accident research that drivers with accidents designated as non-culpable are a random sample from the population. However, this assumption is dependent upon differences in the criterion used for culpability. If drivers are erroneously categorized by assuming randomness, results could be grossly misleading. METHOD: The assumption of randomness leads to two predictions: first, no correlation should exist between culpable and non-culpable crashes; and second, the accident groups should differ on the variables known to be associated with accidents, such as amount of driving experience. These predictions were tested in two samples of bus drivers. RESULTS: It was found that in a sample with a harsh criterion (70% culpable accidents) for crash responsibility, the drivers with non-culpable accidents had the features expected, namely, they were more experienced for example, while in a sample with a lenient criterion (50 % culpable), this was not so. DISCUSSION: It was concluded that similar studies to the present one would need to be undertaken to establish exactly what percentage of drivers in a given population should be assigned culpable accidents, and construct a criterion that yields this ratio. Otherwise, the theoretical assumptions of randomness and non-responsibility will probably be violated to some degree. IMPACT ON INDUSTRY: Many estimates of risk of crash involvement may have been wrong. Given the potential for erroneous criteria, a number of studies may make invalid assumptions from their data.     

Sustainable development in four Swedish communities priorities, responsibility, empowerment

The aims were to identify sustainable development priorities and perceived responsibility of sustainable development issues. Differences in opinions between politicians, officials, environmental representatives and the public in four Swedish municipalities were analysed. Sustainable development issues were perceived as more important on the global level than on the municipal and family levels. Among the most important issues on both the global and family levels were clean air, fresh water, and health, whereas decision-making, co-operation, and participation were considered most important on the municipal level. The highest responsibility for sustainable development issues was placed on governments and global organizations and the lowest on the individual. The public felt less individual responsibility and less possibility to influence than did the other groups. The correlation between importance and responsible on municipal and world levels was high but low on the individual level. The responsibility for the most important issue on the family level (clean air) was placed on governments and global organizations. An attitude change is needed to increase responsibility for issues ranked low on individual responsibility. To further raise the awareness of global sustainable development issues, an increased concentration on locally based international co-operation projects is suggested.     

Property rights and grassland degradation: a study of the Xilingol pasture, Inner Mongolia, China

The semi-private property rights arrangement called the Household Production Responsibility System (HPRS) was started in the early 1980s in Xilingol pasture of Inner Mongolia (China), and stimulated the development of stockbreeding. The grassland has been degrading severely with increasing numbers of livestock. Based on a historical review of property rights regimes in Inner Mongolia and empirical surveys in Xilingol pasture during 2001-2003, this paper assesses the implementation of HPRS and its impacts on incomes of households as well as the environmental impact on the grassland. It was found that HPRS does not mitigate the "Tragedy of the Commons", instead it has exacerbated the situation. It was also found that co-management of grassland and livestock among a few households presents a sustainable use of grassland to develop livestock breeding. We conclude with the recommendation that small-scale collective property rights systems should be encouraged in Xilingol pasture of Inner Mongolia.