给食品安全上一道“保险阀”

建立食品企业产品质量强制保险制度，能让受害人及时获得赔偿与救治，能督促企业加强质量安全管理     

论违约行为的惩罚性赔偿

随着中国<民法典>起草工作不断深入,人们加深了对违约责任的惩罚性赔偿的关注.本文旨在通过对英美法系惩罚性赔偿制度的借鉴,探讨中国建立违约行为惩罚性赔偿的可能性和可行性.     

暴雨伤人毁物能否索赔？

暴雨属十自然灾害，暴雨引发的人身伤害、财产损失形态各不相同。有些情形，受害人可以向责任人追究赔偿责任。     

试论药品侵权事件惩罚性赔偿责任的成立

惩罚性赔偿制度因其独特的功能弥补了现行药品侵权救济的不足,为药品责任体系所用,意义重大。但是药品侵权事件因侵权对象的双重性、侵害状态的复杂性及侵权关系的不易确定,惩罚性赔偿责任认定的构成要件需要特别规定。本文对此展开分析,探讨药品侵权事件惩罚性赔偿责任的具体主观、客观构成要件。     

医疗事故赔偿之探讨

要制定一个可操作的医疗事故赔偿标准，首先应对赔偿总额作出规定，医疗事故赔偿总额可参照道路交通事故的赔偿数额，但应低于交通事故的赔偿。并非每例医疗事故受害人都可以得到这个数额，因为赔偿主要受三种因素影响；（１）原因力大小；（２）不良后果造成劳动能力丧失的程度；（３）年龄因素。分别确定了这三种因素的等级，就可以计算赔偿额。     

应用"失能调整人年"确定死亡和残疾损失的方法探讨

目前,因人身损害致残,对受害人必要生活费的赔偿已经有明确的法律规定:因人身损害致死,赔偿受害人的经济损失也有相应的法律原则,但是,其赔偿额的计算尤其是赔偿时间的确定一直非常复杂,而且容易引起争议。我国现行《道路交通事故处理办法》第37和第(5)项规定:“残疾生活补助费的确定,自定残之月起,赔偿20年,但50周岁以上的,年龄增加1岁减少1年,最低不少于10年,70周岁     

水发食品中甲醛的检验

甲醛是一种化学物质，把它用在水发食品中，可以起到延长食品保质期的作用，使发好的水产品不缩水、不变形，增加重量。但它不仅破坏食品的营养成分，而且食用后会引起过敏、肠道刺激、食物中毒等疾患，甚至可以致癌。为打击不法商贩，保护消费者权益，我站对我市农贸市场的水发食品中是否掺入甲     

无人身损害药品惩罚性赔偿的必要性探析

近年来我国无人身损害的药害案件频发,《药品管理法》及其相关法律缺乏对这类新情况的规定.为了保障药品消费者的合法权益,我国有必要将惩罚性赔偿制度引入无人身损害的药害案件中,并在新修订的《药品管理法》中予以明确.惩罚性赔偿金额应当以药品价款为基础,并施以一定浮动比例和上限,同时也应采用递减的模式.     

《食品安全法》实施后行政执法案例1例分析

<中华人民共和国食品安全法>于2009-06-01起正式实施,各地就相继发生消费者购到不符合食品安全标准的食品而要求商家10倍赔偿的事件,通过<食品安全法>来维护消费者的权益.从多起事件报道看,事件发生地的工商行政管理部门对消费者举报投诉的情况,在调查核实后,主要采取责令商家将不安全食品下架,依照<食品安全法>第九十六条的规定要求商家按货值十倍赔偿消费者的处理措施.但依据<食品安全法>,工商行政管理部门还应履行其食品安全监管职责,追究商家违反食品安全法民事赔偿责任外的其他法律责任.     

如何看待“齐二药”民事赔偿案一审判决

广州市天河区人民法院于2008年6月26日对11名"齐二药"假药受害人或家属起诉医院、药厂、药品经销商系列案件做出一审宣判,判定齐齐哈尔第二制药有限公司承担最终赔偿责任,中山大学附属第三医院等其余三方被告承担连带责任,共需赔偿原告3508247.46元.     

Fired employee must seek work to qualify for compensatory relief

The 2nd U.S. Circuit Court of Appeals in New York State has adopted a new ruling that applies to victims of employment discrimination who fail to look for other suitable employment after they are terminated. Danny Greenway was fired from his job as a bartender from the Buffalo Hilton Hotel in February 1994 because of his HIV status. Greenway was awarded $1.4 million in punitive and compensatory damages. On appeal, the hotel stated that since Greenway had made no effort to mitigate his damages by seeking suitable employment, compensatory damages should be eliminated. Participation in a job training program and employment at a temporary agency did not fulfill the plaintiffs obligation to mitigate damages. The court eliminated all compensatory damages for Greenway, leaving him with $200,000 in punitive damages. A similar ruling exists in both the 5th and 11th Circuit Courts.     

„Sonstige Stoffe“ in Nahrungsergänzungsmitteln

On 24 May 2004 the directive 2002/46/EC of 10 June 2002 about food supplements was brought into force in Germany. This regulation determines that food supplements can contain concentrated nutrients and/or "other substances with nutritional or physiological effects". Whereas specific rules for the nutrients (vitamins and minerals) were laid down in this Directive, no specific rules exist for "other substances" as yet. However, there is a great diversity of substances on the market, for which a special nutritional effect is not known or which have been used as drugs in the past. In contrast to drugs those food supplements do not have to be tested with respect to safety or efficacy. In general, several risks can arise for the consumer because of false presumptions and the marketing of "drugs hidden as dietary supplements". Because of the increasing consumption of food supplements it can be presumed that the critical messages postulated for years such as "food supplements are not necessary if a balanced and varied diet is consumed" did not have the intended effect on the consumers. On the other hand it cannot be excluded that consumers, having in mind dietary supplements that look like drugs and are sold in pharmacies, take those substances likely to prevent and treat diseases than for nutritional purposes.     

Dissociation of intake adjustments to sustained and day-to-day changes in food caloric density

Rats were subjected to day-to-day changes in food caloric density superimposed on a sustained (average) change above or below the basal value. This was done by giving them a different diet every day, so that caloric density gradually increased from a basal value. By repeating this procedure the caloric density varied in a sinusoidal pattern above or below the basal value. Short-term compensatory changes in food intake followed a reversed and delayed sinusoidal pattern (compared to that of caloric density), and achieved only an incomplete compensation of caloric intake. On the other hand, long-term changes in the average food intake led to a complete compensation of the average caloric intake for the high-calorie diets. The low-calorie diets produced a marked body weight loss, although these rats maintained the partly compensatory responses to the day-to-day changes in caloric density; that is, food intake decreased when the caloric density of the diet increased to the basal value, overriding any effect of body weight loss. It is concluded that short-term and long-term controls of food intake are relatively independent of each other and that the short-term control determines the daily caloric intake, with a delay that probably indicates learning processes, while the long-term control is determining the average caloric intake over a period of several days, accounting for a more or less complete compensation of caloric density changes.     

A human rights approach to Human Trafficking for Organ Removal

Human trafficking for organ removal (HTOR) should not be reduced to a problem of supply and demand of organs for transplantation, a problem of organized crime and criminal justice, or a problem of voiceless, abandoned victims. Rather, HTOR is at once an egregious human rights abuse and a form of human trafficking. As such, it demands a human-rights based approach in analysis and response to this problem, placing the victim at the center of initiatives to combat this phenomenon. Such an approach requires us to consider how various measures impact or disregard victims/potential victims of HTOR and gives us tools to better advocate their interests, rights and freedoms.     

Bill would close loophole for access to medical records

The California Legislature approved a bill banning the disclosure of HIV-related medical records in a workers' compensation claim, unless the injury involved exposure to the virus. The case began when an employee was injured on the job and disclosed his HIV status to the examining physician. The physician noted the infection in the medical record, which was later sent to the employer as evidence in a workers' compensation claim. California's Confidentiality of Medical Information Act does not protect a patient's privacy once the records are used in workers' compensation. The law would ban unauthorized disclosure, and make the patient eligible for compensatory and punitive damages and attorney's fees.     

Fordism in the fast food industry: pervasive management control and occupational health and safety risks for young temporary workers

A growing body of international research points to an association between precarious employment or contingent work arrangements and a higher incidence of injury, disease and psychological distress as well as inferior knowledge/compliance with occupational health and safety (OHS) standards. Despite this, published research on the OHS problems of young workers in hospitality and other service industries largely ignores the fact that many are engaged on a temporary basis. To address this gap we surveyed 304 young temporary workers employed in Australian outlets of a well‐known multinational fast food chain. Indices assessed included work‐related injuries, exposure to occupational violence, and knowledge of OHS practices and legislative rights. In trying to explain the adverse OHS outcomes associated with contingent work, researchers have repeatedly identi?ed three sets of factors; economic and reward pressures, work disorganisation and regulatory failure. Like most other multinational fast food companies, this ?rm adopted a Fordist production system. Given suggestions that Fordist systems adversely affect worker health and wellbeing, it seemed plausible that the combination of Fordism with reliance on a young casualised workforce would result in markedly inferior OHS outcomes. Contrary to this expectation, workers surveyed had an incidence of injury around the norm for full‐time permanent workers, and an excellent knowledge of risk control measures and OHS legislation. On the other hand, they had limited knowledge of their workers’ compensation entitlements and faced an elevated risk of low‐level occupational violence. Far from exacerbating the situation, the primary reason for the positive injury and knowledge outcomes was the Fordist system that tightly speci?ed tasks and incorporated detailed risk assessment and control procedures. This system was shaped by an overriding concern for the company’s bottom line (hence the worker’s poor knowledge of worker’s compensation – a result more typical of contingent workers) but pervasive controls had bene?ts for an otherwise vulnerable workforce. Ritzer (2000 ) and others have portrayed the Fordist regimes of fast food chains as integral to a system where workers are indoctrinated, class relations obfuscated and covert threats to continued employment used to undermine solidarity. Without denying this, these systems may still constitute a less hazardous working environment for temporary workers than more disorganised work settings. Further research is needed to determine whether the study ?ndings can be generalised or are restricted to this chain or its Australian outlets.     

Reduction of state victim compensation disparities in disadvantaged crime victims through active outreach and assistance: a randomized trial

Objectives. We examined whether providing active outreach and assistance to crime victims as part of comprehensive psychosocial services reduced disparities in access to state compensation funds.Methods. We analyzed data from a randomized trial of injured crime victims (N = 541) and compared outcomes from comprehensive psychosocial services with usual community care. We examined the impact of outreach and assistance on disparities in applying for victim compensation by testing for interactions between victim characteristics and treatment condition in logistic regression analyses.Results. Victims receiving comprehensive services were much more likely to apply for victim compensation than were victims receiving usual care. Comprehensive services decreased disparities associated with younger age, lower levels of education, and homelessness.Conclusions. State-level victim compensation funds are available to help individuals recover physically, psychologically, and financially from crime victimization. However, few crime victims apply for victim compensation, and there are particularly low application rates among young, male, ethnic minority, and physical assault victims. Active outreach and assistance can address disparities in access to victim compensation funds for disadvantaged populations and should be offered more widely to victims of violent crime.Violent crime victimization is associated with high individual and societal costs.1^–4 It is estimated that violent crime victimization results in tangible costs to victims of over $17 billion annually because of medical and mental health care expenses, lost productivity, and property damage and in intangible costs of approximately $330 billion because of reduced quality of life, pain, and suffering.2 Victims pay approximately $44 billion out-of-pocket annually in tangible costs, and employers, insurers, and government programs pay the remaining costs directly through reimbursement or indirectly through lost revenues.2 Although financial stability and reimbursement for incurred costs or losses do not eliminate all adverse consequences of victimization, they do mitigate problems caused by a lack of material resources and financial strain, which can impair psychological recovery from criminal victimization and prevent a return to previctimization functioning.5 In fact, this financial peri-trauma tends to be a stronger predictor of the development of posttraumatic stress disorder (PTSD) than are features of the victimization itself.6To help crime victims recover physically, psychologically, and financially from violent victimization, federal and state governments have developed special victim compensation programs to cover the costs of medical and mental health treatment, lost wages, and other expenses. Since passage of the federal Victims of Crime Act in 1984,7 the legislation that established the Office for Victims of Crime and the Crime Victims Fund, the federal government has provided nearly $5 billion to state victim compensation and assistance programs. Despite the availability of funds, there is considerable evidence that the vast majority of victims of violent crime do not access the victim compensation system; the number of applications represents fewer than 5% of total victimizations.8 Although not all victims are eligible for financial compensation, the number of applications received clearly shows drastic underutilization of the victim compensation system. A 1999 survey of 52 compensation administrators in all 50 US states, the District of Columbia, and US territories indicated that 35 of 52 state programs had, on average, annual surpluses of $1.8 million in unspent carryover funds.9 Most administrators (81%) believed the number of claims they received did not represent the number of eligible victims; they attributed this largely to victims’ lack of knowledge regarding government compensation programs.Other evaluations similarly identify lack of awareness of reimbursement programs and lack of assistance with the application process as significant barriers to reimbursement. In a survey of crime victims identified through law enforcement offices in Maryland,10 less than one third of respondents had heard of victim compensation before being surveyed. However, even among those aware they could apply for compensation, 70% did not file a claim. In a survey of Maryland compensation claimants,10 a majority said they either received no assistance with their application or received assistance only from family and friends rather than from victim advocates, compensation board staff, or other professionals knowledgeable about compensation policies and procedures.Several studies conducted by the Urban Institute indicate that in addition to general underutilization of victim compensation, there may be disparities between the types of victims who do and those who do not access compensation. State- and national-level data9^–11 suggest that younger, male, and ethnic minority victims are underrepresented among claimants relative to the overall victim population. Black victims in particular are underrepresented as claimants in all categories of crime. Among victims of all ethnic backgrounds, sexual assault is overrepresented, whereas physical assault is under-represented. Studies are lacking on whether financially disadvantaged victims are under-served by the victim compensation system. However, those who are younger than 35 years or belong to an ethnic minority group tend to have a disadvantaged economic status. Because these 2 groups have been shown to be underrepresented among claimants, individuals of low socioeconomic status (SES) also may be underrepresented. It has been recommended that outreach and educational efforts target these underserved victim groups to increase their access to victim compensation funds.4^,9^,12^,13We examined access to victim compensation in California, which operates the largest state crime victim program in the country14 and, like other states, disburses compensation to only a small percentage of its crime victims. In 2004, the California Victim Compensation and Government Claims Board (CVCGCB) distributed approximately $58.8 million among 40 342 victims.15 The number of paid claims accounts for only about 20% of the 189 175 violent crimes reported in California during this same time period.16 The State Restitution Fund has consistently maintained a large cash reserve for more than a decade; the surplus in 2007 was $128 million.17 Thus, ample resources exist to provide compensation to a much greater proportion of California’s crime victims.To examine ways to increase disadvantaged crime victims’ compensation and access to needed victims services, the CVCGCB funded a demonstration project that established the San Francisco General Hospital Trauma Recovery Center (hereafter “Trauma Recovery Center”). The Trauma Recovery Center provides comprehensive services designed to increase access to the victim services system, to victim services benefits, and to mental health care. Findings from the demonstration project showed that active outreach and assistance increased the number of eligible victims applying for reimbursement, thereby increasing the overall proportion receiving approval for claims.18 We examined whether active outreach and assistance also serves to reduce disparities in filing victim compensation applications related to victim characteristics.     

Child sexual abuse in Tanzania: much noise,little justice

Every day in Tanzania, newspapers report horrible stories of the sexual abuse of children. This serious situation has aroused calls for stricter punishment of perpetrators, but little is being done to help the abused children. A 1997 analysis of these reports by the Tanzania Legal Human Rights Center has revealed that the majority of the perpetrators are adult males who are close to their victims and who hold positions of respect in society. The sexual abuse of children is fundamentally an expression of power over a child's life, and Tanzanian children have little control over their lives and are usually disciplined with corporeal punishment. Tanzanian children are accustomed to seeing men hurt weaker people without censure, and the children do not have the status to defend themselves against physical, psychological, or sexual abuse. Thus, child sexual abuse is an inevitable consequence in a society where children have no voice. It is impossible to condone physical and verbal abuse while condemning sexual abuse, and punishing the abusers will not solve the problem. Instead, perpetrators must be held accountable and made to understand the seriousness of their actions. In order to make amends to their victims, they should be required to pay for the child's health care and education and to perform mandatory community service to make children safer. Children must be given the opportunity to learn that they can say no to adults and refuse to accept abuse.     

Guard against the oblivion: a role of public health in war

Not to remember means to side with the executioners againstits victims; not to remember means to kill the victims a secondtime; not to remember means to become an accomplice of the enemy.On the other hand, to remember means to feel compassion forthe victims of all persecutions.

(Elie Wiesel, excerpt from the Miami Beach Holocaust Memorialdedication, 4 February 1990) In 1991, Croatia entered the list of world's crisis areas ravagedby armed conflicts. The scenes of war, once thought to be safelyburied in the textbooks of European history, resurrected beforethe eyes of shocked nations. As if all the tragic lessons ofprevious wars were forgotten,     

Chemical composition of Italian cooked dishes

50 different food items, including "first courses", main and side dishes, cheese and pork products, have been analysed for proteins, carbohydrates, fats, fiber, thiamin, riboflavin and vitamin A. The results obtained have been compared with the values determined on food samples by means of food composition tables so as to have information about the quantitative variations occurring after food processing. It can be concluded that composition tables report sufficiently reliable data with regard to the protein, fat and carbohydrate content for most of the considered food items. On the other hand, values for vitamins are lower by analysis than by calculation, suggesting that it is necessary to continually check data.