大学对大学生安全保障义务中的公共政策因素分析

英美侵权法认为,义务及特殊关系本质上不过是公共政策的一种体现。因此,法院在大学对大学生的安全保障义务的分析中加入了很多关于公共政策的考虑:可预见性、危险或损害的性质或类型、邻近性、学校的负担、道德因素、防止将来的伤害、保险因素等。公共政策反映在侵权法中实际上是社会利益的一种平衡手段,我国相关法律没有对大学是否对大学生承担安全保障义务作出明确规定,我国应当借鉴英美国家的做法。

论指导性案例中的公共政策因素——以弱者保护为例

作为沟通社会变迁与司法发展的桥梁,公共政策因素在准确理解和正确参照指导性案例中发挥着关键的作用。从弱者保护分析,指导性案例中蕴含了消费者保护、劳动者保护、交通事故受害人保护的公共政策因素。公共政策因素是指导性案例回应社会发展的诉求、实现政策执行目标的要求和体现实质正义的需求。公共政策因素通过作为"法源"的显性途径和作为"解释"依据的隐性途径在指导性案例中得以实现。符合法律规定、作出严格的论证、防止出现意外后果构成了指导性案例中公共政策因素运行的边界。

Work Organization Model Applied on Smallholder Dairy Farms in Brazil

This research identified difficulties faced by dairy farmers in family farming, describing this diagnosis through ergonomic demand items （EDIs）. The objective was to elaborate an organization model of work related to dairy farming （WRDF）. As a methodology, a descriptive exploratory study was carried out in 14 family dairy farms that were visited and had their activities monitored. As main results, 11 EDIs were identified. The ones grouped in the infrastructure factor showed the highest resolution priority. The WRDF model was composed of three categories： management, public policies management and infrastructure, which were further subdivided into technical and social aspects. From this perspective, it is believed that the implementation of the model can bring organizational improvement, once adjustments are made in the procedures and working conditions. This study sheds light on the conditions that need to be resolved with higher priority so that the farmers will remain in the dairy business.

Study on Medical Expenditure Burden of Older People in China

Differences in level of medical expenditures and compensation ratio of medical expenditure among various subgroups in the older population according to age, gender, education, income and area have important public policy implications. This paper discusses these topics by data based on two waves of social surveys, a baseline in 2000 and a follow-up in 2006 named ＂The Sample Survey on Aged Population in Urban/Rural China （SSAPUR）＂. During the six years, the increasing speed of medical expenditure is rapid. The payout of medical expenditure of older people in 2000 was more conservative than that in 2006. Gender and urban-rural differences were also evident with regard to the compensation ratio of medical expenditure; older males and all urban older people had higher compensation ratios than elderly females and the rural older people, respectively. Compensation ratio also increased at age, as well as at education and income levels. Inequalities increased over the six-year period between surveys except when analyzed by area of residence and income levels. A comparison of factors affecting medical expenditure showed that the differences in medical expenditure between 2000 and 2006 had increased, though the influencing factors seemed to have become more reasonable.

使用透明材料外观设计的侵权比对

[裁判要旨]外观设计专利侵权判断遵循“整体观察,综合判断”的基本方法。被诉侵权设计的产品外表使用透明材料,相对于授权外观设计而言,会给一般消费者带来不同的视觉感观,但是否必然导致两者不相同或不近似,不能一概而论。判断时需要将一般消费者可现察到的透明部分以内的形态、图案和色彩视为被诉侵权设计的一部分,比较其与授权外观设计相同和相异部分在整体视觉感观上的效果,并结合公共政策因素的考量,综合判断得出侵权与否的结论。