In the environmental protection field of China, due to “lower law-breaking cost but higher law-abiding cost”, it is a common
case that the enterprise chooses to break through the law on purpose. The punishment to the unlawful practices by the law
directly decides the law-breaking cost of the enterprise, furthermore, influences the willingness to abide by the law and
the trend to break through the law. The law-breaking cost of enterprises is jointly decided by the administrative liability,
civil liability and criminal liability. However, in China, the enterprises breaking through the law are mainly penalized for
the administrative liabilities, focusing less on the civil compensation liability on the environmental damage and criminal
liabilities on the environmental crimes. Nevertheless, a complete environmental liability system is composed by administrative
punishment, civil compensation and criminal sanction, none of which is dispensable. Therefore, the three layers defense could
be established on punishing and deterring the environmental law-breakers. Considering all three aspects, administrative liability,
civil liability and criminal liability, this paper analyzes the systemic disadvantages of the current environmental administrative
punishment, civil compensation and criminal sanction in China, and investigates the legitimate reasons for the higher law-abiding
cost compared with the law-breaking cost, and it is finalized with the measures and suggestions to solve this problem. 相似文献
Objective: Suffering a stroke might lead to permanent cognitive and/or physical impairment. It has been shown that these impairments could have an impact on an individual's fitness to drive. In Sweden, as in many other countries, there are regulations on driving cessation post-stroke. Information on driving cessation should be given to all patients and noted in the journal. The present study sought to determine physician's compliance to driving regulations post-stroke as well as follow-up and gender aspects.
Method: A retrospective study of medical records on stroke patients was carried out. The study covered all of the medical records on stroke incidents (n = 342) during a year at a typical medium to large-sized hospital in Sweden.
Results: A journal entry on driving cessation post-stroke was missing in 81% of the medical records. Only 2% of the patients were scheduled for a follow-up meeting specifically concerning fitness to drive. Significantly more men than women had an entry on driving in the journal.
Conclusions: We conclude that the Swedish regulations on driving cessation post-stroke were not followed at the participating hospital. It is crucial that all stroke patients receive information on driving cessation because their condition might affect fitness to drive. Analysis of follow-up records showed that there was no consistent method for assessment of a patient's fitness to drive. There was also a gender difference in the material, which warrants further investigation. 相似文献
This paper argues that actions of large-scale mining companies at the early stages of a mining project establish a legacy which sets the tone for that mine's long-term relationship with the local artisanal and small-scale mining (ASM) stakeholders. This paper compares the experiences of Gold Fields' Tarkwa and Damang mines and the divergent histories of each of these mines' relationship with local small-scale mining stakeholders. Circumstances at Damang during the discovery and early development of the project drove a rift between the mine and the ASM community. As the mine developed, a chain of ASM engagement strategies were enacted in an attempted to repair the relationship but which has never able to regain sufficient trust between the mine and ASM stakeholders. At the nearby Tarkwa mine, ASM confrontations have been much easier to manage. Despite early disagreements at Tarkwa, a relationship characterized by greater trust between the mine and ASM communities was established early and therefore ASM engagement strategies have been simpler and more effective. This paper will conclude that establishing and maintaining a positive mine legacy as early as the exploration phase of a mining project is critical to maintaining a positive, trust-based relationship between LSM companies and their local ASM stakeholders over the life of a mine. 相似文献