Compensatory Damages in Personal Information Public Interest Litigation in China: Challenges and Prospects

In contrast to private interest litigation,public interest litigation provides a more potent solution to personal information infringements marked by extensive scope,unspecified victims,and limited individual loss.However,com⁃pensatory damages remain a contentious issue,both in theory and in practice,within the legal framework of personal in⁃formation public interest litigation.Through an empirical study conducted within China's judicial practice,this paper reveals that the pending issue concerning the nature and function of compensatory damages has caused highly contra⁃dictory verdicts regarding their calculation and allocation,as well as their relationship with other forms of pecuniary li⁃abilities.Only by acknowledging the role of compensatory damages imposed in personal information public interest liti⁃gation as"Skimming off Excess Profits",and affirming their function as deterrence rather than compensation can they truly achieve the broader objective of safeguarding personal information security and promoting public welfare,as well as avoid disrupting the harmony of the existing legal landscape.

Investigation of litigation in trauma orthopaedic surgery

BACKGROUND It has been said that the number of orthopaedic claims has increased in the last few years. Investigation through the most prevalent cause would help to prevent further cases.AIM To review the cases of medical complaints in orthopedic patients who had been involved in a traumatic accident.METHODS A retrospective multi-center review of trauma orthopaedic-related malpractice lawsuits from 2010 to 2021 was conducted utilizing the regional medicolegal database. Defendant and plaintiff characteristics along with fracture location, allegations, and litigation outcomes were investigated.RESULTS A total of 228 claims referred to trauma-related conditions with a mean age of 31.29 ± 12.56 were enrolled. The most common injuries were at hand, thigh, elbow, and forearm, respectively.Likewise, the most common alleged complication was related to malunion or nonunion. In 47% of the cases, the main problem that led to the complaint was the inappropriate or insufficient explanation to the patient, and in 53%, there was a problem in the surgery. Eventually, 76% of the complaints resulted in a defense verdict, and 24% resulted in a plaintiff verdict.CONCLUSION Surgical treatment of hand injuries and surgery in non-educational hospitals received the most complaints. The majority of litigation outcomes were caused by a physician’s failure to fully explain and educate the traumatic orthopedic patients and technological errors.

The Protection of Right of Minors to Express Their Opinions in Family Litigations

The right of minors to express their opinions in family litigations refers to minors,who have a certain degree of mental capacity and assertiveness,having the right to express their opinions on the arrangements or decisions related to themselves when the courts handle familial litigation cases involving their interests,and to request the courts hear their opinions.In essence,the right of minors to express their opinions in family litigations belongs to the basic procedural rights of minors as well as judicial beneficiary rights.As for the protection of the right of minors to express their opinions in family litigations,recognizing the status of minors as independent subjects of rights is the logical premise,the procedural guarantee for the rights of the substantive parties involved is the direct cause,and ensuring the best interests of children is the fundamental reason.In order to protect the right of minors to express their opinions in family litigations,China should standardize the mechanisms for judges to hear the opinions of minors directly,improve the mechanisms for family investigators,and establish mechanisms for representing the interests of minors.

Construction of Strategic Supporting-System for Anti-dumping Measures on China's Agricultural Products

With the international trade theories as the basis,this study started with researches on the reality of agricultural products that often experience anti-dumping,carried out a careful study on the construction of business strategic supporting-system to cope with the anti-dumping so as to promote the association governance and industrial warning mechanism and to provide new strategic thinking and theoretical support for the exporters to cope with anti-dumping.

Solutions of the Growing Use of Anti-dumping Measures by Countries in Recent Decades

In recent decades, international trade has evolved into a complex system of trade barriers to ensure the protection of domestic industry and its workers interests. However as tariffs have fallen and international trade tends to be free trade, countries have found another way of protecting domestic industries from foreign competition—non-tariff protection. Among them anti-dumping is the most controversial subject that is involved in the foreign trade. This theme will analyze the reason and effect of growing use anti-dumping measures by countries in recent decades and try to give some possible solutions.

Medical malpractice litigation related to gastrointestinal endoscopy in Japan:A two-decade review of civil court cases

AIM: To examine the allegations in malpractice litigations related to gastrointestinal endoscopy in Japan. METHODS: A retrospective review of cases tried in the civil court system during the 21-year period from 1985 to 2005, identified in a computerized legal database, was undertaken. RESULTS: Eighteen malpractice litigations and a total of 30 allegations were identified. Of the 18 (44%) malpractice litigations, 8 (44%) were related to eso- phagogastroduodenoscopy, 4 (22%) to colonoscopy, 4 (22%) to endoscopic sphincterotomy, and 2 (11%) to endoscopic retrograde cholangiopancreatography. Seventeen (94%) cases pertained to complications, and the remaining (6%) case pertained to misdiagnosis. In 10 cases, the patient died of the complications. Allegations were categorized as: (1) performance error during the endoscopic procedure (n = 12, 40%); (2) lack of informed consent (n = 9, 30%); (3) performance error during the treatment after the endoscopic procedure (n = 4, 13%); (4) premedication error (n = 3, 10%); (5) diagnostic error (n = 1, 3%); and (6) indication error for the endoscopic procedure (n = 1, 3%). CONCLUSION: These data may aid in the design of risk prevention strategies to be used by gastrointestinal endoscopists.

On the Plaintiff's Subject Qualification for Environmental Public Interest Litigation Instituted by People's Procuratorates

Although it is not the main duty for the People's Procuratorate to institute environmental public interest litigation proceedings, the existence of "reserve" prosecution right of plaintiff not only is beneficial to timely prevention and cure of environmental damage, but also contributes indispensable judicial supervision force to the environmental legality construction. In order to safeguard environmental public interests, many local prosecutorial organizations have practiced environmental public interests litigation. Since Chinese law has not made explicit stipulation on the function of the People's Procuratorate instituting environmental public interest litigation, the plaintiff's subject qualification for environmental public interest litigation instituted by the People's Procuratorate is still in question. In order to propel the People's Procuratorate to completely and fully exercise their power of supervision and prosecution, there shall be corresponding legislation that provides powerful guarantee for the People's Procuratorate instituting environmental public interest litigation.

Research on Environmental Public Interest Litigation in Taiwan

As germination and rise of public environmental awareness in Taiwan, large-scale air pollution, water pollution, noise, land subsidence and other public hazards harming human health and living environment caused by various production or consumption activities are generated. Facing the situation of environment increasingly aggravates, environmental public interest litigation system is constructed. First, Article 9 of Administrative Procedure Law stipulates public interest litigation;then ,Article 34 of Environmental Basic Law cleady stipulates important elements of public interest litigation. In the research, taking the first environmental public interest litigation in Taiwan as the example, collusion process between government and developer, and private environmental protection groups finally obtaining victory through the continuous effort and litigation are illustrated, thereby uncovering so-called ＂legal＂ saying by government and developer. Environmental maintenance and improvement is the duty of every citizen should do, but not only the duty of govemment, which is mentality of environmental public interest litigation development should have and road must take.

Anesthesia Related Closed Claims and Litigations at the Detroit Medical Center: Analysis, Lessons Learned, and Conclusions

The analysis of closed claims and litigations can provide an invaluable tool to improve patient safety by minimizing adverse anesthesia-related outcomes. Analysis of collective data describing such claims is integral to develop new guidelines aimed to reduce adverse anesthesia-related events. In this study, we give a descriptive analysis of anesthesia-related claims at the Detroit Medical Center, Detroit, MI, USA. The study analyzed different components in anesthesia-related closed claims and litigations such as medical, demographic and socio-economic factors. From 67,000 procedures in anesthesiology care provider, related cases claims were made in 0.057% (38/67,000) of all cases. The majority of claims involved procedures involving Caucasian females aged 51-55 years. The highest risk periods involved early shift times during Monday and Tuesday, particularly of procedures performed during August. About 33% of all cases in which death occurred involved patients who received an Obstetrics/Gynecology or an Orthopedic procedure under general anesthesia. The majority of closed claims and litigations cases were distributed between procedures treating nerves injuries and anoxic encephalopathy. The OR and PACU at urban hospitals had the highest claim rates. MD anesthesiologists constituted the lowest proportion of all anesthesia providers involved in closed claims incidents. The average compensation paid was predominately in the range of $200,000-$250,000. In addition to reporting anesthesia related factors involved in closed claims and litigations this study also includes a series of recommendations which may work as a framework for improving anesthesia practices.

The Role of Medical Literature, Clinical Trials and Experimental Research in Drug Product-Injury Litigation: A Primer with Two Examples

When any type of product has been ordered to be removed from the marketplace by a governmental regulatory body, that action is a powerful indicator that the product has been determined to be unsafe for further use, thereby branding the product as defective and opening up the possibility of product liability litigation. When the product is a drug or medical device, it is especially serious since the possibility of personal injury (acute and/or chronic) or death may occur. Needless to say, in these situations, product injury litigation will almost surely follow. We review the definition and requisite claims needed to establish drug product liability, and the role that the medical literature, clinical trial data, and even experimental research data can play in product (drug)-injury litigation. We show how each of these resources played a significant role in two well-known cases: Fen-Phen and thimerosal. The ultimate goal of such knowledge is to make better informed decisions about drug safety.

National Environmental Policy Act of the United States and Its Application in Climate Litigation——Evaluating Litigation Case by Friends of the Earth on Export-Import Bank of the United States and Overseas Private Investment Corporation

Because that American government and congress hold a negative attitude on responding to climate change issue, people transfer the battle stage of climate change to the court,and hope to promote government and large energy companies actively responding to climate change issue via litigation form. A large amount of related litigation appears,and a kind of special litigation type is gradually formed, namely climate change litigation. National Environmental Policy Act of the United States is one of important legal weapons used by prosecutor in climate change litigation. In National Environmental Policy Act, it stipulates environmental impact evaluation system which has close relationship with climate change litigation. The system requires that federal agency ＂ should compile detailed environmental impact report （EIS） on major federal action which significantly affects human survival environment quality＂. Litigation case of Export - Import Bank of the United States and Overseas Private Investment Corporation by Fdends of the Earth, Green Peace, Boulder City, etc. is typical one related to the act. We try to evaluate and analyze text and case of the act.

Game Analysis of Implementing Price Undertaking Agreements in Anti-dumping Disputes

The Price Undertaking Agreement is one of the strategies a company accused of dumping often adopts in dealing with anti-dumping disputes.Using static game analysis,this paper compares the impact that anti-dumping duties and price undertaking agreements may have on an importing country's social welfare and an accused company's market performance.We conclude that,compared with anti-dumping duties,price undertakings improve the importing country's social welfare and reduce the accused company's market share in the import country.We also note that,in addition to the financial benefit,price undertakings can prevent escalation of trade disputes in international trade negotiations.

Experts in Natural Resource Damages and Toxic Tort Litigation

Expert testimony plays a critical role in environmental and toxic tort litigation [1]. While most litigation settles, the work of an expert should, from the outset, be prepared with trial in mind. First and foremost, an expert, using the appropriate expertise, must be able to resolve questions that will assist the trier of fact in making determinations necessary under the law applicable to the case. In addition, an expert must demonstrate a solid scientific foundation in all of his or her opinions. Once armed with the opinions reached in the case, the forensic expert should work with the trial team to simplify proof, clarify the presentation and integrate it with other trial proof and themes [2]. This effort should include the realistic identification of any perceived or real shortcomings regarding the information available, the approach taken by or conclusions reached by the expert. Ongoing communication between the trial team and the expert throughout the discovery and pre-trial litigation is essential.

Corporate Litigation,Reputation and Top Executive Turnover-Considering the Moderating Roles of Political and Legal Conditions

With the rapid development of China's economy,more and more listed companies have to face frequent corporate litigation.As corporate lawsuits are on the rise,it is necessary to study the measures taken by the company when a corporate litigation occurs.Some scholars'research indicates that top executive turnover may be one of the countermeasures,but few scholars have discussed this issue in the Chinese market.Our research uses 13435 samples of Chinese market,takes the company's reputation as an observing point,and studies the relationship between corporate litigation and top executive turnover.In addition,due to the special political environment and the large differences in the legal environment between different provinces in China,we have further explored the moderating role of political conditions and legal conditions.It is worth mentioning that our empirical research method is the propensity score matching(PSM),and by this way we can easily avoid sample selectivity bias.Finally,a robust experimental conclusion is obtained:corporate litigation and top executive turnover are significantly positively correlated,and this correlation will be adjusted by political and legal conditions.Our research enriches the field of corporate litigation and also have certain guiding significance for the social construction of the rule of law in China.

Study on the use of trade barrier of anti-dumping in China

WTO allows its members to use anti-dumping barrier to combat unfair competition. Nowadays, anti-dumping barrier has been dominant protective trade measure in the world, while in China, this measure is still not fully used and at low level. For the purpose of protecting domestic industries and enhancing national welfare, China should use this barrier cautiously and construct its own anti-dumping system at the same time.

Empirical study of the dilemma regarding preliminary proof of causality and methods used by victims in China's environmental health litigation

Environmental health incidents have occurred frequently in recent years;in China,however,litigation has not been effective in protecting the rights and interests of victims due to their heavy burden of proof.In order to mitigate the burden of proof for victims,the environmental judicature in China introduced the rule of inversion of burden of proof;this means that the victim only assumes the preliminary burden of proof,but in practice it has not been sufficient.Victims in environmental health litigation still face many difficulties in proving causality.Based on the statistical analysis of judicial big data,this paper demonstrates three dilemmas faced by victims.First,the preliminary burden of proof of causality has a high standard.Second,the victim's ability to produce evidence is low.Third,the casual relationship between pollution behaviors and health damage is difficult to identify.When examining the possible legal instruments,there are three aspects to the causes of these dilemmas:theory,judicial practice,and society.The theoretical aspect manifests as the differences between the rule of inversion of burden of proof and the presumption of causality;the practical aspect manifests as the lack of an identification system for personal injury;and the social aspect manifests as the victim's lack of economic,scientific,technological,and information resources,as well as the absence of assistance from government sectors and social organizations.Combining Chinese law with judicial practice,this paper proposes a solution to the dilemma of victims needing to prove causality in environmental health litigation.On the basis of clarifying the theoretical differences between the inversion of burden of proof and the presumption of causality,China should adhere to the rule of inversion of burden of proof,establish an identification system for personal injuries caused by environmental pollution,and use methods such as epidemiological causality,indirect counterevidence,and prima facie bewies.Furthermore,the full functions of the government and social organizations must be brought into play.This will not only help victims demonstrate causality,it can also help victims achieve equitable relief.

On the Administrative Litigation and Reconciliation System in China

With the development of our society, the object and scope of government＇ s administrative function are expanding day by day.Facing the complicated new situation, new problem and the enhancement of the rule of law, the difficulty of hearing the administrative case isincreasing. This article mainly analyzes the present situation of the reconciliation of administrative litigation, discusses how to construct ourcountry＇ s administrative litigation reconciliation system, promote the administrative trial work smoothly, and better protect the legitimate rightsand interests of the parties.

Comparison Research on Anti-dumping Duty Rates between Administrative Review and Welfare Maximization under Dynamic Game of Perfect Information

Using economics and game theory, two kinds of models have been proposed in this paper under the assumption that foreign and domestic firms behave under the condition of dynamic game of perfect information. One model is for calculating Anti-dumping rate which is obtained according to current regulations of Anti-dumping, but it is not optimal. The other is an optimal model of Anti-dumping which is obtained according to the maximum principle of domestic social welfare. Then, through the comparison of this two models in detail, several shortages have been revealed about Anti-dumping rate model based on current regulations of Anti-dumping. Finally, a suggestion is indicated that WTO and China should use the optimal model to calculate Anti-dumping rate.

Medical malpractice litigation involving otolaryngology residents and fellows:A case-based 30-year review

BACKGROUND Errors,misdiagnoses,and complications can occur while trainees are involved in patient care.Analysis of such events could reveal areas for improvement by residency and fellowship programs.AIM To examine lawsuits tried at the state and federal level involving otolaryngology trainees.METHODS The LexisNexis database,an online legal research database containing state and federal case records from across the United States,was retrospectively reviewed for malpractice cases involving otolaryngology residents or fellows from January 1,1990 to December 31,2020.Case data collected:Plaintiff/trainee/defendant characteristics,allegations,medical outcomes,and legal outcomes.RESULTS Over the study period,20 malpractice lawsuits involving otolaryngology trainees were identified.Plaintiffs raised numerous allegations including procedural error(n=12,25.5%),incorrect diagnosis and/or treatment(n=8,17.0%),and lack of knowledge of trainee involvement(n=6,12.8%).Nine cases(45%)had verdicts in favor of the plaintiff,whereas 5 cases(25%)had verdicts in favor of the defense.Six cases(30%)ended in a settlement.Awards to plaintiffs were heterogenous,with a median of$617,500(range$32K-17M)for settled cases and verdicts favoring plaintiffs.CONCLUSION The findings enclosed herein represent the first published analysis of trainee involvement in otolaryngology malpractice cases held at the state/federal level.Otolaryngology trainees can be involved in lawsuits for both procedural and nonprocedural events.This study highlights the importance of education specifically in the domains of procedural errors,informed consent,proper diagnosis/management,and clear communication within patient care teams.Training programs should incorporate these study findings into effective simulation courses and didactic sessions.Educating trainees about common pitfalls holds the promise of decreasing healthcare systems costs,reducing trainee burnout,and,most importantly,benefiting patients.