论买卖合同之风险负担制度

介绍了买卖合同风险负担制度的调整范围。针对买卖合同中债务履行不能的风险负担制度,联系各国所采用的物权变动模式,分析了不同的买卖合同风险负担制度的合理性,指出了我国有关立法中存在的不足。

Distribution Characteristic and Potential Ecological Risk Assessment of Heavy Metals in Latosol in the Western Area of Hainan Island

[Objective] The paper was to carry out ecological geochemical survey and ecological risk assessment on the heavy metals in latosol in western area of Hainan Island.[Method] The contents of six heavy metals including Cr,Cu,Zn,As,Cd and Pb in latosol in western area of Hainan Island were analyzed.Single-factor index method and Hakanson ecological risk index method were used to evaluate the integrated pollution effect of heavy metals in latosol.[Result] The average contents of Cr,Cu,Zn,As,Cd and Pb in latosol in western area of Hainan Island were 65.57,35.16,93.56,8.50,0.24 and 79.29 mg/kg,respectively.The major pollution factor of heavy metal was Pb.The sequence of influence factors of various heavy metals was PbCu = ZnCrAsCd.The potential ecological risk coefficient of various heavy metals was PbCdCuAsCrZn.The average value of potential ecological risk index（RI）was 45.14,belonging to low ecological risk range.[Conclusion] The heavy metal pollution in latosol in western area of Hainan Island belongs to slight pollution.

Two-level fuzzy evaluation for classification of credits

In this paper, classification models are used as tools to make final decision. Fuzzy method provides the mathematical tools for quantitative analysis and dealing with ambiguous concepts. Analytic Hierarchy Process (AHP) is used to obtain the weight of each index and enables examiners to visualize the decision process and obtain more reasonable evaluation values to solve some problems. An example is given at the end of this paper.

Heavy metals leaching in bottom ash and fly ash fractions from industrial-scale BFB-boiler for environmental risks assessment

The bottom ash and fly ash from the co-combustion of wood residues and peat at a bubbling fluidised bed boiler（296 MW） contained only quartz（SiO_2）, microcline（KAl Si_3O_8） and albite（NaAlSi_3O_8）. Thus, X-ray powder diffraction（XRD） was not useful for clarifying the difference in the release of associated heavy metals from ash matrices. In order to assess the release of heavy metals from ashes under changing environmental conditions, they were sequentially extracted and fractionated by the BCR-procedure into acid soluble/exchangeable（CH_3COOH）, reducible（NH_2OH-HCl） and oxidizable（H_2O_2/CH_3COONH_4） phases. The CH_3 COOH extractable fraction in conjunction with the total heavy metals concentrations were used to calculate the risk assessment code values for heavy metals leaching from the ash matrix. The leaching studies indicate that the heavy metals in the bottom ash and fly ash are bound to different fractions with different strengths. From the environmental and utilization perspectives, heavy metals in ashes posed different levels of environmental contamination risk. Only As in the bottom ash posed a very high risk. High risk metals were Cd in the bottom ash as well as As, Cd and Se in the fly ash.

试论分期付款买卖中的所有权保留

分期付款买卖已成为市场经济中极富竞争力的一种交易方式。针对实践中出现的价金债权风险问题 ,提出以所有权保留约款解决之。但要真正维护买受人、出卖人以及第三人的利益 ,维护公平正义 ,必须对所有权保留的性质、公示方法以及效力加以明确 ,并且对合同的有关约款加以完善。

Spatial distribution,sources and ecological risk assessment of heavy metals in Shenjia River watershed of the Three Gorges Reservoir Area

Surface soil/sediment samples were collected from the Water-Level Fluctuation Zone(WLFZ), cultivated land and forest land at 50 different grid points from Shenjia watershed, the Three Gorges Reservoir area in August 2013. The spatial distribution, sources and ecological risk assessment for Arsenic(As), Cadmium(Cd),Chromium(Cr), Copper(Cu), Nickel(Ni), Lead(Pb)and Zinc(Zn) were analyzed in this study. The results showed all tested metals had similar distribution patterns except Ni and Cr, with areas of high concentrations distributed in the southwest(WLFZ and watershed outlet) of the study area. Ni and Cr,which were highly positively correlated and present in high concentrations, were primarily distributed in the south and middle zones of the study area. Lower concentration areas of all metals were uniformly distributed west of the high-elevation zones and forest land. Factor analysis(FA) and factor analysismultiple linear regression(FA-MLR) showed that the major sources of Cd were fertilizer and traffic sources,which together accounted for 87% of Cd. As, Zn and Cu levels were primarily supplied by industrial and domestic sources, accounting for 76% of As, 75% of Cu and 67% of Zn. Surface soils/sediments of the study watershed contaminated by Cd represent a high ecological risk, whereas other metals represent low ecological risks. The potential ecological risk index(PERI) analysis indicated that it had a low(widerange) ecological risk and a moderate(small-range)ecological risk primarily distributed in the outlet of the study watershed. Fertilizers and traffic are the primary sources of Cd pollution, which should be more closely controlled for the purposes of water quality and ecological conservation.

Coal price fluctuations and the impact on financial risk Evidence from China＇s coal listed companies

With the rise of coal price, the proportion of loss-making enterprises shows an upward trend in China＇s coal industry. This paper uses Altman Z-Score model to measure financial risk of 19 listed companies in the coal industry in A-share market from 1995 to 2007. Empirical results show that Year-Based price index of coal price has a negative correlation with the financial risk but has no significance, and coal chain price has a significant negative correlation with the financial risk. Further research indicates that enterprises increase bad investment, and a lot of debts caused by short-term rise in coal prices. The results also show that the financial risk in the coal industry declines with the rise of GDP growth rate and increases with the rise of inflation rate.

A land use-based spatial analysis method for human health risk assessment of heavy metals in soil and its application in Zhuzhou City, Hunan Province, China

A land use- and geographical information system-based framework was presented for potential human health risk analysis using soil sampling data obtained in Zhuzhou City, Hunan Province, China. The results show that heavy metal content in soil significantly differs among different land use types. In total, 8.3% of the study area has a hazard index(HI) above the threshold of 1.0. High HIs are recorded mainly for industrial areas. Arsenic((29)87%) and the soil ingestion pathway(about 76%) contribute most to the HI. The mean standardized error and root-mean-square standardized error data indicate that the land use-based simulation method provides more accurate estimates than the classic method, which applies only geostatistical analysis to entire study area and disregards land use information. The findings not only highlight the significance of industrial land use, arsenic and the soil ingestion exposure pathway, but also indicate that evaluating different land use-types can spatially identify areas of greater concern for human health and better identify health risks.

Evaluation on the Process and Effects of Monetary Policies to Chinese Real Estate Market

The process of China＇s monetary policy regulation on the real estate market can be roughly divided into four stages since 1998. The first and the third stages are to raise housing price, while the second and the fourth stages are to curb housing price. There are both successful experiences and failure lessons in these stages of regulation. The present monetary policy instruments should be based on quantitative instruments, while the price instruments shall serve only as a supplement. We should use comprehensive polices including land policies, fiscal policies, legal and political means to develop a variety of specific and flexible policies to prevent financial risks, so that to fully play the important role of real estate market.

Ecological risk assessment of heavy metals in surface seawater and sediment near the outlet of a zinc factory in Huludao City, Liaoning Province, China

At present, the methods widely applied to assess ecological risk of heavy metals are essentially single-point estimates in which exposure and toxicity data cannot be fully used and probabilities of adverse biological effects cannot be achieved. In this study, based on investigation of concentrations of six heavy metals(As, Hg, Pb, Cd, Cu, and Zn) in the surface seawater and sediment near the outlet of a zinc factory, located in Huludao City, Liaoning Province, China, a tiered approach consisting of several probabilistic options was used to refi ne ecological risk assessment for the individuals. A mixture of various heavy metals was detected in the surface seawater, and potential ecological risk index(PERI) was adopted to assess the potential ecological risk of heavy metals in the surface sediment. The results from all levels of aquatic ecological risk assessment in the tiered framework, ranging from comparison of single effects and exposure values to the use of distribution-based Hazard Quotient obtained through Monte Carlo simulation, are consistent with each other. Briefl y, aquatic Zn and Cu posed a clear ecological risk, while Cd, Pb, Hg, and As in the water column posed potential risk. As expected, combined ecological risk of heavy metal mixture in the surface seawater was proved signifi cantly higher than the risk caused by any individual heavy metal, calculated using the concept of total equivalent concentration. According to PERI, the severity of pollution by the six heavy metals in the surface sediment decreased in the following sequence: Cd>Hg>As>Pb>Cu>Zn, and the total heavy metals in the sediment posed a very high risk to the marine environment. This study provides a useful mathematical framework for ecological risk assessment of heavy metals.

Risk Premiums and Financial Stability

The collective revelation of credit institutions as regards the imminence of specific risks materialising, which often follows long periods of underestimating probable losses, can trigger a broad-based financial deleveraging via an overly high upsurge in banks＇ risk premiums vis-a-vis the dynamics of fundamentals underlying loan repayment capability. In this context, this paper seeks to investigate the banking sector＇s internal mechanisms that might bring about a negative spiral of credit risk by building a model for the interaction between the increase of the risk premium and that of net interest income and provisioning rate. Statistical results confirm that a higher risk premium is one of the major determinants of credit default in Romania and its excessive widening could affect financial stability in Romania.

《合同法》第142条(交付移转风险)评注

《合同法》第142条是买卖合同价金风险移转的一般规则。"标的物毁损灭失的风险"仅指价金风险,应与物权风险、给付风险相区分。交付移转价金风险,突破了双务合同之牵连性,其正当性在于,在买卖双方内部,买受人借交付成为物之经济利益归属主体。移转风险之交付,不限于现实交付,也涵括观念交付。风险移转在合同效力、给付障碍、类推适用等方面也有其体系影响。

寄送买卖的风险转移与损害赔偿——基于比较法的研究视角

寄送买卖是国内和国际贸易常见的一种交易形式,其本质特点在于出卖人仅负责安排运输发送货物,而不承担运输货物的义务。出卖人将货物移交给承运人,并非完成买卖合同的交付义务,所有权未发生转移,但价金风险发生转移。出卖人虽不负担运输义务,但如果未尽到合理安排运输以及其他注意和保护等附随义务,应承担损害赔偿责任,且价金风险不转移。寄送买卖中独立的承运人并非出卖人的债务履行辅助人,出卖人无须为承运人的过错负责。如果货物发生毁损灭失,在符合适当构成要件时,买受人可主张侵害货物所有权的损害赔偿请求权或违反运输合同的违约责任请求权。

Structural Reform Holds the Key to Reducing Social Financing Cost

In the last couple of years, social financing costs have shot up in China despite an overall capital abundance and increasing market-based capital allocation. This paper has investigated overall financial cost and capital cost ratio as two measurements of financing cost, compared financing costs of different channels, examined the relationship of risk premium, financial repression, interest rate liberalization, and resource occupation versus financing cost, and addressed the problem of high non-manufacturing cost. On such a basis, specific countermeasures have been proposed. The main conclusion of this paper is： The current high social financing costs primarily result from economic structural imbalance. The fundamental solution lies in continuing structural reform and credibility system development to eliminate barriers in the transmission of capital circulation policies such as expanding equity financing, relaxing market access formalities for small and micro financial institutions, and improving the bankruptcy system to give full play to the ＂survival of the fittest＂ mechanism of the market.

The Risk Evaluation of Agricultural High-tech Investment Project

The agricultural high-teeh investment project （AHIP） is eharaeterized by technology-intensive, high risk and great profit. This article analyzes essential factors of the risks of the agricultural high-tech investment projects and the traditional risk evaluation method of agrtcultral projects. We think that the applications of the sensitivity, analysis and probability ore defer. Therefore; this article introduces a structural model to evaluate the risks of the agricultural high-tech investment projects and the system of the concrete evaluation indexes.

“风险与利益相一致”视角下的买卖合同中的“风险回跳”规则——以《民法典》第610条的适用范围为核心

我国《民法典》第610条规定了买卖合同价金风险规则的例外,同时也免除了解除后清算关系中买受人的价值偿还义务,因而被形象地称为“风险回跳”。“风险回跳”的内在正当性在于,因出卖人的违约行为,致使占有标的物对于买受人无经济利益,从而应将标的物连同用益终局地返还给出卖人。“质量不符合约定”仅是使标的物终局返还给出卖人的一种情形,因此解释第610条第1句时应当进行目的性扩张,从而包括所有因出卖人之违约行为致使买受人占有标的物毫无利益的情形。其既包括法定解除权条件成就且除斥期间未满,亦包括主张替代给付损害赔偿。同时,第610条第1句“拒绝接受”的情形应包括:若不终局地返还该标的物,则合同目的不能实现。从而当出卖人给付的标的物存在根本瑕疵及异物给付情形下,由于占有该标的物对买受人毫无利益,此时也应当承认风险回跳(或认为风险自始不移转)。尽管此时买受人可以主张更换请求权,而无法定解除权,但由于买受人不欲享有意外进入其风险领域的标的物的利益,所以也不应当让其承担风险。最后,基于诚实信用原则,应认为在买受人知悉风险回跳的前提事实后,应当不再享受标的物的利益。如果买受人依然使用该标的物,则其在享受利益同时一并承担风险,风险自然仍停留在买受人处。

Related the Securities Risk to Time by Using Energy Measuring

Since Harry M Markowitz published ＇portfolio Selection＇ （1952）, financial economists have proposed many methods to measure risk such as variant, downside-variant, average absolute deviation, maximum deviation, VaR and so on. However, these methods share a common limitation, which only consider moment of the price, not consider the influence of exchange quantity. In common situation, these methods and their financial theory models can help investors prevent and scatter the risks effectively, but they are no effective to prevent the financial crisis such as Southeast Asia financial in1997 and LTCM crisis in 1998. In this paper, a new method of measuring risk called energy-risk has been proposed. The aim to this method is to respond the usual risk as well as the risk caused by unexpected event and to prevent the risks under any circumstances effectively.

Risk Assessment of Heavy Metal Pollution in Sediments of the Fenghe River by the Fuzzy Synthetic Evaluation Model and Multivariate Statistical Methods

Concentrations of heavy metals in 74 sediment samples from the Fenghe River, which originates from the north of the Qinling Mountains and flows through Xi'an, Shaanxi Province, China, were characterized by employing geographic information system(GIS)mapping, fuzzy synthetic assessment, and multivariate statistical analysis to determine the enrichment characteristics of heavy metals as well as their potential risks of pollution to sediments. Al, Cd, and Co were the major pollutants, with a high enrichment factor(EF) value. Heavy metal concentrations from samples near the paper plant were maintained at a high level. Significant enrichment of Al, Ba, Cr, Ni, Pb, and Co was found in the midstream and downstream, while high concentration of Cu occurred in the headwater stream. Based on the cluster and principal component analyses, sediment metals mainly came from the paper plants, agronomic practices, natural sources, and tourism, with a contribution of 51.59%, 23.01%, 14.21%, and 9.88%, respectively. Sediment pollution assessment explored using fuzzy theory based on the entropy method and toxicity coefficient showed that 26, 32, and 11 sites fell into Class III(slightly polluted), Class IV(moderately polluted), and Class V(heavily polluted), respectively, and their scores of membership degree in the polluted level were on the rise, suggesting a relatively high degree of sediment metal pollution in the study area. Closely related to the excessive industrial and agricultural applications, metal pollution in sediment is necessary to be addressed in the Fenghe River.