环境司法专门化下的特殊环境诉讼规则

我国的环境司法处于发展初期,有关环境纠纷的司法救济程序散落在不同的部门法中。为了维护国家环境安全和公共环境利益,构建环境司法专门化势在必行,但是在特殊的环境保护法院进行专门化的环境审判过程中,出现环境诉讼保护对象的争议性、生态环境损害责任承担的特殊性等问题亟待解决,环境民事公益诉讼和生态环境损害赔偿诉讼等特殊环境诉讼规则应运而生,虽然目前还面临着一些困境,但是整体上构建环境司法体系的进程依然在不断推进。     

生态环境损害赔偿诉讼：定义与定位矫正

面对生态环境损害赔偿诉讼这一新型诉讼形式,准确把握其定义和定位至关重要。现有生态环境损害赔偿诉讼按国家自然资源所有权私权化路径进行制度构建,其现行定义为特殊私益诉讼,现行定位为环境行政替代工具。这种定义与定位导致其与环境公益诉讼割裂,运行序位上优先于环境民事公益诉讼,引起国家机关角色错位。生态环境损害赔偿诉讼与环境民事公益诉讼的诉讼标的相同,救济和保护的利益均为环境公益,其定义应回归公益诉讼本位;政府在环境公益保护上有着广泛的职权和手段,是环境公共治理的优先主体,仅在少数行政不能的情形下才有借助司法的必要性和合理性,其在定位上应作为环境行政执法的补充机制在有限范围内发挥作用。据此,生态环境损害赔偿诉讼在制度体系上应与既有环境民事公益诉讼置于同一诉讼系属统筹立法,在诉讼序位上应让位于社会组织提起的环境民事公益诉讼。     

浅谈如何开展环境监测类设施公众开放日活动

随着城市工业化的快速发展,突发性环境污染事故逐渐增多,因此,环境公众开放日活动显得尤为重要。本文结合实际情况,探讨如何开展监测类公众开放日活动。     

The moderating role of calling in the work–family interface: Buffering and substitution effects on employee satisfaction

This research seeks for improved understanding regarding the interaction of meaningful work and the work–family interface. Existing literature suggests that experiencing a sense of calling toward work makes the work domain particularly salient to employees compared to other life domains. In this article, we draw on this idea, rooted in identity theory, to hypothesize that a sense of calling toward work diminishes the effects of work–family conflict and work–family enrichment on employee's job and life satisfaction. We test these ideas in two studies. First, we surveyed an alumni sample of 598 employees from various jobs, industries, and job levels. Then, in a constructive replication, we surveyed 327 employees using a time-lagged design. Calling was found to significantly buffer the effect of work–family conflict on job satisfaction in Study 2, but not Study 1. Calling did not buffer the effect of conflict on life satisfaction in either study. However, both studies demonstrated that calling attenuated (substituted for) the effect of work–family enrichment on job satisfaction. Study 1 supported the idea that calling attenuates the effect of enrichment on life satisfaction; however, this interactive effect was reversed in Study 2, contrary to expectations. We discuss implications for theory and practice related to callings and career choices, as well as for the role of calling and work identity in the work–family interface.     

Features of fatal injuries in older cyclists in vehicle–bicycle accidents in Japan

Objective: The purpose of this study was to identify and better understand the features of fatal injuries in cyclists aged 75 years and over involved in collisions with either hood- or van-type vehicles.

Methods: This study investigated the fatal injuries of cyclists aged 75 years old and over by analyzing accident data. We focused on the body regions to which the fatal injury occurred using vehicle–bicycle accident data from the Institute for Traffic Accident Research and Data Analysis (ITARDA) in Japan. Using data from 2009 to 2013, we examined the frequency of fatally injured body region by gender, age, and actual vehicle travel speed. We investigated any significant differences in distributions of fatal injuries by body region for cyclists aged 75 years and over using chi-square tests to compare with cyclists in other age groups. We also investigated the cause of fatal head injuries, such as impact with a road surface or vehicle.

Results: The results indicated that head injuries were the most common cause of fatalities among the study group. At low vehicle travel speeds for both hood- and van-type vehicles, fatalities were most likely to be the result of head impacts against the road surface.

The percentage of fatalities following hip injuries was significantly higher for cyclists aged 75 years and over than for those aged 65–74 or 13–59 in impacts with hood-type vehicles. It was also higher for women than men in the over-75 age group in impacts with these vehicles.

Conclusions: For cyclists aged 75 years and over, wearing a helmet may be helpful to prevent head injuries in vehicle-to-cyclist accidents. It may also be helpful to introduce some safety measures to prevent hip injuries, given the higher level of fatalities following hip injury among all cyclists aged 75 and over, particularly women.     

Evaluation of give kids a boost: A school-based program to increase booster seat use among urban children in economically disadvantaged areas

Objective: This study evaluated the effectiveness of a series of 1-year multifaceted school-based programs aimed at increasing booster seat use among urban children 4–7 years of age in economically disadvantaged areas.

Methods: During 4 consecutive school years, 2011–2015, the Give Kids a Boost (GKB) program was implemented in a total of 8 schools with similar demographics in Dallas County. Observational surveys were conducted at project schools before project implementation (P₀), 1–4 weeks after the completion of project implementation (P₁), and 4–5 months later (P₂). Changes in booster seat use for the 3 time periods were compared for the 8 project and 14 comparison schools that received no intervention using a nonrandomized trial process.

The intervention included (1) train-the-trainer sessions with teachers and parents; (2) presentations about booster seat safety; (3) tailored communication to parents; (4) distribution of fact sheets/resources; (5) walk-around education; and (6) booster seat inspections.

The association between the GKB intervention and proper booster seat use was determined initially using univariate analysis. The association was also estimated using a generalized linear mixed model predicting a binomial outcome (booster seat use) for those aged 4 to 7 years, adjusted for child-level variables (age, sex, race/ethnicity) and car-level variables (vehicle type). The model incorporated the effects of clustering by site and by collection date to account for the possibility of repeated sampling.

Results: In the 8 project schools, booster seat use for children 4–7 years of age increased an average of 20.9 percentage points between P₀ and P₁ (P₀ = 4.8%, P₁ = 25.7%; odds ratio [OR] = 6.9; 95% confidence interval [CI], 5.5, 8.7; P < .001) and remained at that level in the P₂ time period (P₂ = 25.7%; P < .001, for P₀ vs. P₂) in the univariate analysis. The 14 comparison schools had minimal change in booster seat use. The multivariable model showed that children at the project schools were significantly more likely to be properly restrained in a booster seat after the intervention (OR = 2.7; 95% CI, 2.2, 3.3) compared to the P₀ time period and compared to the comparison schools.

Conclusion: Despite study limitations, the GKB program was positively associated with an increase in proper booster seat use for children 4–7 years of age in school settings among diverse populations in economically disadvantaged areas. These increases persisted into the following school year in a majority of the project schools. The GKB model may be a replicable strategy to increase booster seat use among school-age children in similar urban settings.     

The importance of context for effective public engagement: learning from the governance of waste

This paper takes a new look at the importance of context – institutional and political – in effective public engagement processes. It does so through a rare comparative opportunity to examine the effectiveness of processes of public engagement in two UK waste authorities, where the same waste company was involved as both the primary contractor for the delivery of the waste management service (including new energy-from-waste facilities) and, furthermore, the same staff delivered the public engagement. Interrogating these cases affords the opportunity to place flesh on the bones of the sometimes ‘abstract’ skeleton of context. While engagement processes support effective local governance in an era of partnerships and deliberative democracy, the paper identifies that the methods adopted cannot be played out devoid of detailed understanding and response to local context, including the strength of partnership working between the public and private sector, the degree of political support for engagement, and the extent to which a traditional institutional paternalism still dominates.     

完善公众参与环境决策机制的法制探讨

公众参与环境决策是一项重要的公众民主权利。我国已经将环境公众参与作为一项重要的环境保护法律制度,但是由于目前我国环保法律制度的不完善,在实施公众参与环境决策机制上存在着诸多问题,本文从法制的角度探讨了公众参与环境决策的理论依据,分析和论证建立适合我国国情的公众参与环境决策制度的主要方式,并提出完善公众参与环境决策制度的建议。     

基于事故树的三峡库区水体污染公共安全事件诱因分析

三峡库区蓄水后对长江水体自净能力的极大削弱,沿江聚集的各类生产、生活活动对长江水质的多渠道污染极易引发库区各类水体污染公共安全事件。结合对库区水体污染公共安全事件多维度诱发因素的调研结果,运用事故树的分析方法对三峡库区水体污染公共安全事件的逐级诱发过程进行分析。研究表明：存在13条诱发库区水体污染公共安全事件的路径以及3条防治水体污染公共安全事件的路径;在不考虑诱因发生概率的情况下,排污因素是诱发库区水体污染公共安全事件最重要、最根本的因素,促成库区水体自净能力下降的回水区变长,水流紊动减弱和水位抬升三方面因素是次重要的诱发因素。只有对不同的诱因施行不同的监测和控制策略,才能对库区水体污染公共安全事件开展有效预警、预控.     

Social learning in a policy-mandated collaboration: community wildfire protection planning in the eastern United States

Policies such as the US Healthy Forests Restoration Act (HFRA) mandate collaboration in planning to create benefits such as social learning and shared understanding among partners. However, some question the ability of top-down policy to foster successful local collaboration. Through in-depth interviews and document analysis, this paper investigates social learning and transformative learning in three case studies of Community Wildfire Protection Planning (CWPP), a policy-mandated collaboration under HFRA. Not all CWPP groups engaged in social learning. Those that did learned most about organisational priorities and values through communicative learning. Few participants gained new skills or knowledge through instrumental learning. CWPP groups had to commit to learning, but the design of the collaborative-mandate influenced the type of learning that was most likely to occur. This research suggests a potential role for top-down policy in setting the structural context for learning at the local level, but also confirms the importance of collaborative context and process in fostering social learning.