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我国引入行政诉讼和解制度的法理依据及现实基础 总被引：1，自引：0，他引：1
我国行政诉讼法禁止调解．对和解制度也予以排斥,使得行政纠纷的正当解决渠道过于狭窄,成为我国行政诉讼法的一大缺憾。引进行政诉讼和解制度有其法理上的依据：现代社会公权力性质的变化、行政自由裁量权的存在、完善行政诉讼理论体系的需要;同时中国的传统观念、诉讼经济的要求、降低诉讼成本等优点为构建行政诉讼和解制度奠定了现实基础。 相似文献
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由于环境侵权的双重价值性,在处理其纠纷过程中,要处理好环境利益和经济发展之间的关系。我国的环境侵权救济机制主要包括刑事、行政和民事三个方面。传统的环境侵权救济机制存在救济方式单一、诉讼周期过长、判决执行难等问题,此外,原告预垫诉讼费用制度和共同侵权者的责任分配问题仍然存在不合理之处。要根本解决这些问题,需要在完善传统救济机制的基础上,引入公害调解仲裁制度和环境污染责任保险制度等,并且设立环境侵权救济基金。 相似文献
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本文系统回顾了当前协商、行政调解和诉讼三种医疗纠纷解决方式存在一些突出问题,以此为基础探讨建立以医疗纠纷事实认定为核心的医疗纠纷解决体系.首先应改革当前“二元化”医疗鉴定制度;其次在事实认定基础上灵活采用非诉讼和诉讼的模式解决纠纷;同时应坚持完善并严格执行医疗侵权责任的追究制度,以期医疗纠纷得到公正、高效的解决 相似文献
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近几年,公益诉讼问题在诉讼法学界和经济法学界者是热点问题之一,由于我国现存的民事诉讼制度和行政诉讼制度已经不能满足我国经济社会生活发展的需要,在此基础上在立法上引入和借鉴国外的公益诉讼制度有现实性和紧迫性。本文主要是通过消费者公益诉讼对这一问题进行阐述,并期望对我国的公益诉讼机制的建立提供绵薄之力。 相似文献
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近几年,公益诉讼问题在诉讼法学界和经济法学界者是热点问题之一,由于我国现存的民事诉讼制度和行政诉讼制度已经不能满足我国经济社会生活发展的需要,在此基础上在立法上引入和借鉴国外的公益诉讼制度有现实性和紧迫性.本文主要是通过消费者公益诉讼对这一问题进行阐述,并期望对我国的公益诉讼机制的建立提供绵薄之力. 相似文献
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行政公益诉讼是指允许无直接利害的关系人就侵犯或威胁公共利益的违法行政行为提起的行政诉讼.文章在给出行政公益诉讼定义的基础上揭示出行政公益诉讼所具有的内涵和特点,提出了我国建立行政公益诉讼制度路径的选择,以期对我国建立行政公益诉讼制度有所裨益. 相似文献
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自美国掀起ADR热潮后,建立与完善多元化的行政纠纷解决机制,在行政过程中引入诉讼外调解已日渐成为人们所关注的话题。行政调解制度与公力救济、私力救济及其他行政性ADR相比较,有着其经济性、灵活性、效率性以及个案公正性等独特的价值优势,在我国有着深厚的发展基础及顽强的生命力,亟待建立适应于我国体制的诉讼外行政纠纷调解制度。 相似文献
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A research group led by Prof. ZHAI Qiwei from the Institute for Nutritional Sciences under the CAS Shanghai Institutes for Biological Sciences has discovered that even relatively low doses of resveratrol-a chemical found in the skins of red grapes in red wine-can improve the sensitivity of mice to the hormone insulin according to a report in the October issue of Cell Metabolism.…… 《中国科学院院刊(英文版)》2008,22(1):14-15
Aresearch group led by Prof. ZHAI Qiwei from the Institute for Nutritional Sciences under the CAS Shanghai Institutes for Biological Sciences has discovered that even relatively low doses of resveratrol--a chemical found in the skins of red grapes and in red wine--can improve the sensitivity of mice to the hormone insulin, according to a report in the October,2007 issue of Cell Metabolism. As insulin resistance is often characterized as the most critical factor contributing to the development of Type 2 diabetes, the findings“provide a potential new therapeutic approach for preventing or treating” both conditions, the researchers said. 相似文献
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《中国科学院院刊(英文版)》2008,22(1):2-3
CAS should stick to the principle of rendering service to, and giving impetus for, the development of China＇s science enterprise by making S＆T innovations, said CAS President LU Yongxiang. The CAS president made the remarks in a recent talk to communicate the gist of the winter session of the Party＇s Leading-member Group at CAS, which was held from 7 to 11 January in Beijing. 相似文献
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Marjorie Armstrong-Stassen Margaret Landstrom Ramona Lumpkin 《The Information Society》1998,14(2):153-164
This study examined how students who had no prior experience with videoconferencing would react to the use of videoconferencing as an instructional medium. Students enrolled in seven different courses completed a questionnaire at the beginning of the semester and again at the end of the semester. Students at the origination and remote sites did not differ in their reactions toward videoconferencing but there was a significant difference for gender. Women reacted less favorably to videoconferencing. Compared to the beginning of the semester, students reported significantly less positive attitudes toward taking a course through videoconferencing at the end of the semester. There were no significant differences in students' attitudes toward videoconferencing across courses at the beginning of the semester but there were significant differences across the courses at the end of the semester. The results suggest the need for better preparation for both students and instructors. 相似文献
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《中国科学院院刊(英文版)》2008,22(1)
With great care, Dr. ZHOU Zhonghe takes out a package wrapped by cotton tissue from a drawer and says: "This is the gem of our collections: the fossil of a bird that lived 125 million years ago!" Then, pointing at a tiny mound, he explains: "Look, this is the claw and that is the head. It was in the egg shell and ready to hatch ... The species fell into a family of waterside inhabitants." 相似文献
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A joint study by Prof. ZHANG Zhibin from the CAS Institute of Zoology his co-workers from Norway US Swiss have indicated that historical outbreaks of migratory locusts in China were associated with cold spells suggesting that China's projected climate warming could decrease the pest's numbers. The study was published in Proceedings of the National Academy of Sciences on September .…… 《中国科学院院刊(英文版)》2008,22(1):6-7
Ajoint study by Prof. ZHANG Zhibin from the CAS Institute of Zoology and his co-workers from Norway, US and Swiss have indicated that historical outbreaks of migratory locusts in China were associated with cold spells, suggesting that China＇s projected climate warming could decrease the pest＇s numbers. The study was published in Proceedings of theNational Academy of Sciences on 17 September, 2007. 相似文献
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Caroline Haythornthwaite 《The Information Society》2001,17(3):211-226
A computer-mediated group is a complex entity whose members exchange many types of information via multiple means of communication in pursuit of goals specific to their environment. Over time, they coordinate technical features of media with locally enacted use to achieve a viable working arrangement. To explore this complex interaction, a case study is presented of the social networks of interactions and media use among members of a class of computer-supported distance learners. Results show how group structures associated with project teams dominated who communicated with whom, about what, and via which media over the term, and how media came to occupy their own communication niches: Webboard for diffuse class-wide communication; Internet Relay Chat more to named others but still for general communication across the class; and e-mail primarily for intrateam communication. Face-to-face interaction, occurring only during a short on-campus session, appears to have had a catalytic effect on social and emotional exchanges. Results suggest the need to structure exchanges to balance class-wide sharing of ideas with subgroup interactions that facilitate project completion, and to provide media that support these two modes of interaction. 相似文献
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Active biological molecules functional structures can be fabricated into a bio-mimetic system by using molecular assembly method. Such materials can be used for the drug delivery disease diagnosis therapy new nanodevice construction.…… 《中国科学院院刊(英文版)》2008,22(1):22-22
Active biological molecules and functional structures can be fabricated into a bio-mimetic system by using molecular assembly method. Such materials can be used for the drug delivery, disease diagnosis and therapy, and new nanodevice construction. 相似文献
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Electronic data interchange (EDI) provides means for interorganizational communication, creates network externalities, requires an advanced information technology (IT) infrastructure, and relies on standards. In the diffusion of such innovations, institutional involvement is imperative. Such institutions contain governmental agencies, national and global standardization organizations, local government, and nonprofit private organizations like industry associations. The last type of organizations we call intermediating institutions. They intermediate or coordinate ("inscribe") the activities of a group of would-be adopters. Unfortunately, little is known of how these organizations shape the EDI diffusion trajectory. In this article we examine one specific type of intermediating organizations?industry associations?and how they advanced the EDI diffusion process in the grocery sectors of Hong Kong, Denmark and Finland. We identify six institutional measures, placed into a matrix formed by the mode of involvement (influence vs. regulation) and the type of diffusion force (supply push vs. demand pull), that can be mobilized to further the EDI diffusion. Industry associations were found to be active users of all these measures to varying degrees. Their role was critical especially in knowledge building, knowledge deployment, and standard setting. Furthermore, institutional involvement varied due to policy and cultural contingencies and power dependencies. 相似文献
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Leah A. Lievrouw 《The Information Society》2000,16(2):155-159
This essay focuses on universal service and the Internet as means to support social and political participation. The emphasis on access to telecommunications systems in conventional approaches to universal service is contrasted with access to content. A model of the information environment is described that accounts for the roles of content and conduit, both of which are necessary conditions to achieve true access. A method is outlined for employing information indicators to observe or measure the information environment. 相似文献
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Puay Tang 《The Information Society》1998,14(1):19-31
The increasing prospects of digital piracy has prompted the perceived need by electronic publishers to adopt technical systems of protection, and governments to reform their copyright laws. This article is a preliminary study of the management of intellectual property by electronic publishers, defined as those involved in the production of online databases, and CD-ROMs. It focuses on three main issues: (1) how electronic publishers view the increasing threat of piracy; (2) the methods of protection employed to protect intellectual property in digital format; and (3) the importance of technological protection of intellectual property in electronic publications. The analysis is based on a sample of 23 UK electronic publishers. The interviews revealed an interesting assortment of protection methods and did not show that technological protection was a preferred way. Instead, the means of protection, in addition to copyright law, comprised niche markets, pricing, trust, bad publicity, and nontechnical and technical means. 相似文献