As the title of this paper suggests, I intend to draw attention to what, in my opinion, lies at the core of the shared notion in both Kant and Habermas. This will be the concern of the first part of my paper. My focus...As the title of this paper suggests, I intend to draw attention to what, in my opinion, lies at the core of the shared notion in both Kant and Habermas. This will be the concern of the first part of my paper. My focus will then shift, in the second part, to Habermas＇s views on freedom. In due time, however, as the provocative question mark in the title suggests, the notion of freedom becomes questionable. I will conclude by examining Frankfurt＇s notion of coercion in order to show that Habermas＇s notion of freedom is not only questionable but can, at times, be coercive. Throughout this paper, the reader shall be encouraged to see and possibly appreciate that there is a degree of similarity between the two thinkers. Shall the reader be hard put to gauge this similarity or shall the reader promptly appreciate it and take it into consideration？ I will argue--and demonstrate--that a certain amount of similarity can readily be drawn between the two. I will leave it up to the reader to decide whether this similarity is a forced similarity or whether this is a similarity that one perceives at a first glance and thus ought to consider. This paper could better be appreciated if the reader has reasonable knowledge of the Hegelian critique of Kant＇s Categorical Imperative.展开更多
This study focuses on the role of researcher/academia in making low carbon policy in the UK. UK researchers and universities enjoy relatively high degree of independence of their research from the government due to it...This study focuses on the role of researcher/academia in making low carbon policy in the UK. UK researchers and universities enjoy relatively high degree of independence of their research from the government due to its statute that guarantees its independence （＂The Haldene Principle＂）. In addition, there was a recent movement for evidence-based policy in the UK, which requires more economic and scientific robustness, therefore role of engineers and social scientists are increasingly important. In particular, social science will have a greater role in changing people＇s behavior with high level of uncertainty. UK businesses have played a leading role to move forward the climate policy such as UKETS （United Kingdom Emissions Trading Scheme） as well as low carbon policy. The regular communication and consultation is a crucial basis for making integrated policy, which involves wide range of stakeholders. The legally binding targets set out by Climate Change Act 2008 required structural change of the government to implement the necessary policies and measures especially by integrating climate and energy policy.展开更多
The development of China＇s medical industry is very fast, which has provided a great help for people, but in the process, there are also a lot of problems violating the privacy of the patients. Based on these circums...The development of China＇s medical industry is very fast, which has provided a great help for people, but in the process, there are also a lot of problems violating the privacy of the patients. Based on these circumstances, we must offer the maximum protection of the privacy of the patients. From the point of view of the civil law, the medical institutions or the medical professionals must respect the patients, and protect the patients＇ privacy, so as to build a more harmonious relationship between the doctors and the patients.展开更多
It is the responsibility of governments to supervise and regulateproduct quality to protect consumers and prevent failures in the product qualityguarantee system.Appropriate supervision will help safeguard the interes...It is the responsibility of governments to supervise and regulateproduct quality to protect consumers and prevent failures in the product qualityguarantee system.Appropriate supervision will help safeguard the interests ofconsumers,promote product quality,and resolve disputes.The extent of supervisionshould be guided by the principle of need for state intervention andneeds to be highly diversified.展开更多
Along with the rapid development of modem China economy, some new business modes and sale areas continuously emerge in markets. For example with the continuous popularity of consumer online shopping, rapid development...Along with the rapid development of modem China economy, some new business modes and sale areas continuously emerge in markets. For example with the continuous popularity of consumer online shopping, rapid development of TV shopping industry, compared with traditional store sales, in these special sale areas consumers＇ rights and interests are more likely to get harmed. From March 15, 2014, the newly revised ＂China consumer protection law＂ will formally implement cooling-off period legal system in special sale areas.2 Because it is a new system different from ＂obligatory compact principle＂ in traditional civil law, the scholars＇ theoretical research on cooling-off period system is still not mature enough. This paper discusses cooling-off period system from the theoretical level, puts forward the designation problem of cooling-off period system, discusses complete concepts of cooling-off period system, and puts forward its legal characteristics as a new consumer rights.展开更多
In October 25, 2013, the Standing Committee of the National People＇s Congress made a decision on revising the ＂consumer rights protection law＂ of PRC. The new revised ＂Chinese Consumer Protection Law＂ China consu...In October 25, 2013, the Standing Committee of the National People＇s Congress made a decision on revising the ＂consumer rights protection law＂ of PRC. The new revised ＂Chinese Consumer Protection Law＂ China consumers will take consumer cooling-off period system as an important consumer right.2 Because it is a new system different from traditional civil law ＂principle of obeying compacts＂ , and the theoretical research on the calm period by scholars is still not mature enough. This paper discusses the consumer cooling off period from the theoretical perspective, and its legal origin, and puts forward and demonstrates legal principles and the legal basis the cooling off period system should follow.展开更多
At present, Chinese labor relations operate under a unitary model of legal regulation in which labor law is applied to workers ＂as a whole, with everyone treated equally.＂ This causes a number of problems. In realit...At present, Chinese labor relations operate under a unitary model of legal regulation in which labor law is applied to workers ＂as a whole, with everyone treated equally.＂ This causes a number of problems. In reality, due to constantly changing modes of employment and the flexibility of workers＇ ＂affiliation,＂ forms of employment are highly diverse. In addition to regular employees, there are also ＂quasi-employees＂ （employee-like persons） whose affiliation is quite weak, and other special employees. This necessitates the updating of the legislative thinking behind labor laws, While holding fast to the assumption that workers are a vulnerable group, we should review the differences between different types of employee and draw up the corresponding regulations on the basis of specific situations. Where legislative technique is concerned, we should do away with the traditional one-size- fits-all legislative model in favor of a dedicated model that targets particular types of subject and particular circumstances. We should abandon the traditional old-fashioned model in which ＂all labor law provisions apply＂ or ＂no labor law provisions apply＂ and categorize employees in such a way as to provide special rules for quasi-employees, special employees and employees of special employers. The legal regulation of labor relations should be based on categorization and differential treatment.展开更多
文摘As the title of this paper suggests, I intend to draw attention to what, in my opinion, lies at the core of the shared notion in both Kant and Habermas. This will be the concern of the first part of my paper. My focus will then shift, in the second part, to Habermas＇s views on freedom. In due time, however, as the provocative question mark in the title suggests, the notion of freedom becomes questionable. I will conclude by examining Frankfurt＇s notion of coercion in order to show that Habermas＇s notion of freedom is not only questionable but can, at times, be coercive. Throughout this paper, the reader shall be encouraged to see and possibly appreciate that there is a degree of similarity between the two thinkers. Shall the reader be hard put to gauge this similarity or shall the reader promptly appreciate it and take it into consideration？ I will argue--and demonstrate--that a certain amount of similarity can readily be drawn between the two. I will leave it up to the reader to decide whether this similarity is a forced similarity or whether this is a similarity that one perceives at a first glance and thus ought to consider. This paper could better be appreciated if the reader has reasonable knowledge of the Hegelian critique of Kant＇s Categorical Imperative.
文摘This study focuses on the role of researcher/academia in making low carbon policy in the UK. UK researchers and universities enjoy relatively high degree of independence of their research from the government due to its statute that guarantees its independence （＂The Haldene Principle＂）. In addition, there was a recent movement for evidence-based policy in the UK, which requires more economic and scientific robustness, therefore role of engineers and social scientists are increasingly important. In particular, social science will have a greater role in changing people＇s behavior with high level of uncertainty. UK businesses have played a leading role to move forward the climate policy such as UKETS （United Kingdom Emissions Trading Scheme） as well as low carbon policy. The regular communication and consultation is a crucial basis for making integrated policy, which involves wide range of stakeholders. The legally binding targets set out by Climate Change Act 2008 required structural change of the government to implement the necessary policies and measures especially by integrating climate and energy policy.
文摘The development of China＇s medical industry is very fast, which has provided a great help for people, but in the process, there are also a lot of problems violating the privacy of the patients. Based on these circumstances, we must offer the maximum protection of the privacy of the patients. From the point of view of the civil law, the medical institutions or the medical professionals must respect the patients, and protect the patients＇ privacy, so as to build a more harmonious relationship between the doctors and the patients.
文摘It is the responsibility of governments to supervise and regulateproduct quality to protect consumers and prevent failures in the product qualityguarantee system.Appropriate supervision will help safeguard the interests ofconsumers,promote product quality,and resolve disputes.The extent of supervisionshould be guided by the principle of need for state intervention andneeds to be highly diversified.
文摘Along with the rapid development of modem China economy, some new business modes and sale areas continuously emerge in markets. For example with the continuous popularity of consumer online shopping, rapid development of TV shopping industry, compared with traditional store sales, in these special sale areas consumers＇ rights and interests are more likely to get harmed. From March 15, 2014, the newly revised ＂China consumer protection law＂ will formally implement cooling-off period legal system in special sale areas.2 Because it is a new system different from ＂obligatory compact principle＂ in traditional civil law, the scholars＇ theoretical research on cooling-off period system is still not mature enough. This paper discusses cooling-off period system from the theoretical level, puts forward the designation problem of cooling-off period system, discusses complete concepts of cooling-off period system, and puts forward its legal characteristics as a new consumer rights.
文摘In October 25, 2013, the Standing Committee of the National People＇s Congress made a decision on revising the ＂consumer rights protection law＂ of PRC. The new revised ＂Chinese Consumer Protection Law＂ China consumers will take consumer cooling-off period system as an important consumer right.2 Because it is a new system different from traditional civil law ＂principle of obeying compacts＂ , and the theoretical research on the calm period by scholars is still not mature enough. This paper discusses the consumer cooling off period from the theoretical perspective, and its legal origin, and puts forward and demonstrates legal principles and the legal basis the cooling off period system should follow.
文摘At present, Chinese labor relations operate under a unitary model of legal regulation in which labor law is applied to workers ＂as a whole, with everyone treated equally.＂ This causes a number of problems. In reality, due to constantly changing modes of employment and the flexibility of workers＇ ＂affiliation,＂ forms of employment are highly diverse. In addition to regular employees, there are also ＂quasi-employees＂ （employee-like persons） whose affiliation is quite weak, and other special employees. This necessitates the updating of the legislative thinking behind labor laws, While holding fast to the assumption that workers are a vulnerable group, we should review the differences between different types of employee and draw up the corresponding regulations on the basis of specific situations. Where legislative technique is concerned, we should do away with the traditional one-size- fits-all legislative model in favor of a dedicated model that targets particular types of subject and particular circumstances. We should abandon the traditional old-fashioned model in which ＂all labor law provisions apply＂ or ＂no labor law provisions apply＂ and categorize employees in such a way as to provide special rules for quasi-employees, special employees and employees of special employers. The legal regulation of labor relations should be based on categorization and differential treatment.
