Contrary to the approach in judicial practice,Paragraph 1,Article 153,of the Civil Code of the People’s Republic of China,as a rule of invalidity for violating mandatory provisions,does not adopt a dichotomy towards ...Contrary to the approach in judicial practice,Paragraph 1,Article 153,of the Civil Code of the People’s Republic of China,as a rule of invalidity for violating mandatory provisions,does not adopt a dichotomy towards mandatory provisions with effectiveness and administrative characteristics,yet it maintains the legislative philosophy of differentiation.It leaves unspecified whether mandatory provisions that do not explicitly render a juristic act invalid impact the act’s validity,entrusting this determination to the discretion of judges on a case-by-case basis.When judges,under the authority of Paragraph 1,Article 153 of the Civil Code,explore the normative intent of mandatory provisions to assess their effect on the validity of juristic acts,they should engage in legal policy analysis centered on consequence-based argumentation to overcome the limitations of norm typological analysis.This analysis employs a reasoning model predicated on the normative purpose,utilizing a consequencefocused interpretative approach for formulating and arguing propositions of rules applicable to pending cases,thereby arriving at case-specific conclusions.Since the invalidation of juristic acts serves as an auxiliary regulatory tool for the state economy and society,a consequence-oriented interpretation needs to be based on the idea of mutual instrumentalization of public and private laws.This entails predicting the outcomes of negating the validity of a juristic act in industrial regulatory scenarios and assessing these outcomes within the framework of public and private regulatory instruments.展开更多
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 en...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.展开更多
In 2005, the US passed the Energy Policy Act of 2005 mandating the construction and operation of a high-temperature gas reactor （HTGR） by 2021. This law was passed after a multiyear study by national experts on what...In 2005, the US passed the Energy Policy Act of 2005 mandating the construction and operation of a high-temperature gas reactor （HTGR） by 2021. This law was passed after a multiyear study by national experts on what future nuclear technologies should be developed. As a result of the Act, the US Congress chose to develop the so-called Next-Generation Nuclear Plant, which was to be an HTGR designed to produce process heat for hydrogen production. Despite high hopes and expectations, the current status is that high temperature reactors have been relegated to completing research programs on advanced fuels, graphite and materials with no plans to build a demonstration plant as required by the US Con- gress in 2005. There are many reasons behind this diminution of HTGR development, including but not limited to insufficient government funding requirements for research, unrealistically high temperature requirements for the reactor, the delay in the need for a ＂hydrogen＂ economy, competition from light water small modular light water reactors, little utility interest in new technologies, very low natural gas prices in the US, and a challenging licensing process in the US for non-water reactors.展开更多
BACKGROUND: There is little consensus as to the effects of insurance expansion on emergency department(ED) utilization for mental health purposes. We aimed to study the race specifi c association between the dependent...BACKGROUND: There is little consensus as to the effects of insurance expansion on emergency department(ED) utilization for mental health purposes. We aimed to study the race specifi c association between the dependent coverage provision of the Affordable Care Act(ACA) and changes in young adults' usage of emergency department services for psychiatric diagnoses.METHODS: We utilized a Quasi-Experimental analysis of ED use in California from 2009–2011 for behavioral health diagnoses of individuals aged 19 to 31 years. Analysis used a difference-indifferences approach comparing those targeted by the ACA dependent provision(19–25 years) and those who were not(27 to 31 years), evaluating changes in ED visit rates per 1 000 in California. Primary outcomes measured included the quarterly ED visit rates with any psychiatric diagnosis. Subgroups were analyzed for differences based on race and gender.RESULTS: The ACA dependent provision was associated with 0.05 per 1 000 people fewer psychiatric ED visits among the treatment group(19–25 years) compared to the control group(27–31 years). Hispanics and Asian/Pacific Islanders were the only racial subgroups who did not see this significant reduction and were the only racial subgroups that did not see significant gains in the proportion of psychiatric ED visits covered by private insurance.CONCLUSION: The ACA dependent provision was associated with a modest reduction in the growth rate of ED use for psychiatric reasons, however, racial disparities in the effect of this provision exist for patients of Hispanic and Asian/Pacifi c Islander racial groups.展开更多
Enforcing environmental laws and policies has been one of the pressing agenda globally.Despite the mandate given to the Environmental Protection Agency(EPA)by the Act 490,there are still numerous environmental issues ...Enforcing environmental laws and policies has been one of the pressing agenda globally.Despite the mandate given to the Environmental Protection Agency(EPA)by the Act 490,there are still numerous environmental issues unaddressed in Ghana.This paper is geared towards unravelling and identifying the current additions that have been made to existing literature on environmental laws and policies in Ghana.This paper made a wide-ranging general literature review to outline significant contributions concerning environmental laws and policies.Numerous environmental laws and policies were identified but have been fragmented and are not codified in a particular document.It is evident from the review of literature existing that there are still areas for advanced research on the topic of environmental laws and policies placing more emphasis on institution concerned with environmental issues at global level.The study recommended the need for capacity building for environmental personnel and data due to the numerous technological advancement to better assist the implementation and enforcement of environmental laws in Ghana.展开更多
This paper concentrates on the most important findings and the lessons learned from German experience in the field of wind energy integration. It reflects the work of the governmental experts who were auditing the 200...This paper concentrates on the most important findings and the lessons learned from German experience in the field of wind energy integration. It reflects the work of the governmental experts who were auditing the 2008-revision of the Renewable Energy Sources Act （EEG 2008） in the EEG-Report 2011 and the actual political debate in Germany in 2013. The EEG report 2011 makes it clear that a feed-in-tariff-mechanism lowers entry barriers and open the market for new competitors but, also, that incentives without a favorable legal framework fail to fulfill the purpose.展开更多
文摘Contrary to the approach in judicial practice,Paragraph 1,Article 153,of the Civil Code of the People’s Republic of China,as a rule of invalidity for violating mandatory provisions,does not adopt a dichotomy towards mandatory provisions with effectiveness and administrative characteristics,yet it maintains the legislative philosophy of differentiation.It leaves unspecified whether mandatory provisions that do not explicitly render a juristic act invalid impact the act’s validity,entrusting this determination to the discretion of judges on a case-by-case basis.When judges,under the authority of Paragraph 1,Article 153 of the Civil Code,explore the normative intent of mandatory provisions to assess their effect on the validity of juristic acts,they should engage in legal policy analysis centered on consequence-based argumentation to overcome the limitations of norm typological analysis.This analysis employs a reasoning model predicated on the normative purpose,utilizing a consequencefocused interpretative approach for formulating and arguing propositions of rules applicable to pending cases,thereby arriving at case-specific conclusions.Since the invalidation of juristic acts serves as an auxiliary regulatory tool for the state economy and society,a consequence-oriented interpretation needs to be based on the idea of mutual instrumentalization of public and private laws.This entails predicting the outcomes of negating the validity of a juristic act in industrial regulatory scenarios and assessing these outcomes within the framework of public and private regulatory instruments.
文摘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.
文摘In 2005, the US passed the Energy Policy Act of 2005 mandating the construction and operation of a high-temperature gas reactor （HTGR） by 2021. This law was passed after a multiyear study by national experts on what future nuclear technologies should be developed. As a result of the Act, the US Congress chose to develop the so-called Next-Generation Nuclear Plant, which was to be an HTGR designed to produce process heat for hydrogen production. Despite high hopes and expectations, the current status is that high temperature reactors have been relegated to completing research programs on advanced fuels, graphite and materials with no plans to build a demonstration plant as required by the US Con- gress in 2005. There are many reasons behind this diminution of HTGR development, including but not limited to insufficient government funding requirements for research, unrealistically high temperature requirements for the reactor, the delay in the need for a ＂hydrogen＂ economy, competition from light water small modular light water reactors, little utility interest in new technologies, very low natural gas prices in the US, and a challenging licensing process in the US for non-water reactors.
文摘BACKGROUND: There is little consensus as to the effects of insurance expansion on emergency department(ED) utilization for mental health purposes. We aimed to study the race specifi c association between the dependent coverage provision of the Affordable Care Act(ACA) and changes in young adults' usage of emergency department services for psychiatric diagnoses.METHODS: We utilized a Quasi-Experimental analysis of ED use in California from 2009–2011 for behavioral health diagnoses of individuals aged 19 to 31 years. Analysis used a difference-indifferences approach comparing those targeted by the ACA dependent provision(19–25 years) and those who were not(27 to 31 years), evaluating changes in ED visit rates per 1 000 in California. Primary outcomes measured included the quarterly ED visit rates with any psychiatric diagnosis. Subgroups were analyzed for differences based on race and gender.RESULTS: The ACA dependent provision was associated with 0.05 per 1 000 people fewer psychiatric ED visits among the treatment group(19–25 years) compared to the control group(27–31 years). Hispanics and Asian/Pacific Islanders were the only racial subgroups who did not see this significant reduction and were the only racial subgroups that did not see significant gains in the proportion of psychiatric ED visits covered by private insurance.CONCLUSION: The ACA dependent provision was associated with a modest reduction in the growth rate of ED use for psychiatric reasons, however, racial disparities in the effect of this provision exist for patients of Hispanic and Asian/Pacifi c Islander racial groups.
文摘Enforcing environmental laws and policies has been one of the pressing agenda globally.Despite the mandate given to the Environmental Protection Agency(EPA)by the Act 490,there are still numerous environmental issues unaddressed in Ghana.This paper is geared towards unravelling and identifying the current additions that have been made to existing literature on environmental laws and policies in Ghana.This paper made a wide-ranging general literature review to outline significant contributions concerning environmental laws and policies.Numerous environmental laws and policies were identified but have been fragmented and are not codified in a particular document.It is evident from the review of literature existing that there are still areas for advanced research on the topic of environmental laws and policies placing more emphasis on institution concerned with environmental issues at global level.The study recommended the need for capacity building for environmental personnel and data due to the numerous technological advancement to better assist the implementation and enforcement of environmental laws in Ghana.
文摘This paper concentrates on the most important findings and the lessons learned from German experience in the field of wind energy integration. It reflects the work of the governmental experts who were auditing the 2008-revision of the Renewable Energy Sources Act （EEG 2008） in the EEG-Report 2011 and the actual political debate in Germany in 2013. The EEG report 2011 makes it clear that a feed-in-tariff-mechanism lowers entry barriers and open the market for new competitors but, also, that incentives without a favorable legal framework fail to fulfill the purpose.
