Revolution or evolution? The development of consumer protection law in contemporary China

Examines the emergence and growth of China's consumer protection regime. Reviews the position prior to 1993, key features of the Consumer Rights and Interests Protection Law 1993, its initial shortcomings, and the rationale for the amendments made in 2013. Considers the extent to which the amended Law accords with international standards yet retains distinct national characteristics, and whether its development represents evolution or revolution

Analysing the Notion of 'Consumer' in China’s Consumer Protection Law

The notion of ‘consumer’ in Article 2 of the People’s Republic of China (PRC)’s Consumer Protection Law has been subject to criticism as it is vague, can be difficult to apply to real life situations, and is also at odds with the notion of a ‘consumer’ found in other jurisdictions around the world. This article will discuss the Chinese legislative definition of a ‘consumer’ from a comparative perspective before considering how this notion has been applied by the courts, by analysing several Guiding Cases issued by China’s Supreme People’s Court (SPC) and judgments in which the Guiding Cases have been subsequently applied. The article will then consider the delicate balance that the courts in China are attempting to strike between encouraging consumer claimants to pursue fraudulent traders and yet discouraging consumers from exploiting the punitive damages provisions of the PRC Consumer Protection Law. Thus, this detailed analysis of the legal notion of a ‘consumer’ in China offers a unique and powerful insight into the wider role of consumers within the Chinese legal system

Dynamic modulation of HSV chromatin drives initiation of infection and provides targets for epigenetic therapies

AbstractUpon infection, the genomes of herpesviruses undergo a striking transition from a non-nucleosomal structure to a chromatin structure. The rapid assembly and modulation of nucleosomes during the initial stage of infection results in an overlay of complex regulation that requires interactions of a plethora of chromatin modulation components.For herpes simplex virus, the initial chromatin dynamic is dependent on viral and host cell transcription factors and coactivators that mediate the balance between heterochromatic suppression of the viral genome and the euchromatin transition that allows and promotes the expression of viral immediate early genes.Strikingly similar to lytic infection, in sensory neurons this dynamic transition between heterochromatin and euchromatin governs the establishment, maintenance, and reactivation from the latent state. Chromatin dynamics in both the lytic infection and latency-reactivation cycles provides opportunities to shift the balance using small molecule epigenetic modulators to suppress viral infection, shedding, and reactivation from latency

Views of Intimate Partner Violence in Same- and Opposite-Sex Relationships

Attitudes toward same-sex intimate relationships and toward intimate partner violence (IPV) are changing. Little research, however, has examined norms about IPV in same-sex relationships. Using a fractional factorial (experimental vignette) design, we conducted random-digit-dialed interviews in four languages with 3,679 community-residing adults. Multivariate analyses of responses to 14,734 vignettes suggest that IPV against gay male, lesbian, and heterosexual women is more likely than that against heterosexual men to be considered illegal, that it should be illegal, police called, and a stay-away order issued. Regardless of gender and sexual orientation, the type of abuse and whether a weapon was displayed are the strongest predictors of respondents\u27 judgments about whether a behavior is illegal and merits a range of societal interventions

Amending China’s Notion of a “Consumer”: Lessons from Comparative Analysis of the PRC Consumer Protection Law

Who does the law treat as a “consumer” and why does it matter? How should China’s notion of a “consumer” best be articulated within the law and applied in practice? This article will attempt to answer these intriguing questions by first focusing on the approach taken to define a “consumer” in China’s Law on the Protection of Consumer Rights and Interests before examining the legal notion of a “consumer” in comparative perspective, in order to further understand the competing rationales behind the consumer protection law. This article will explore this Chinese definition of a “consumer” to propose how China’s vague and unworkable statutory definition of a ‘consumer’ should be amended in future

China's post-WTO intellectual property system: assessing compliance with the TRIPS agreement

This thesis examines the system of intellectual property (IP) protection in contemporary China. The IP system has undergone a series of dramatic reforms in recent years, particularly as a result of China's accession to the World Trade Organisation. From December 2001, China is now committed to comply with the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). However, despite implementing TRIPS provisions into domestic legislation, infringements are still prevalent and criticism of the IP system continues. Therefore, this study aims to analyse China's compliance with the TRIPS Agreement in more detail using theories of compliance originating in international law and international relations, in order to understand this gap between implementation and compliance. Specifically, this study applies a comprehensive model of compliance previously applied to international environmental accords. This model incorporates consideration of the international IP environment and the TRIPS Agreement itself, as well as China-specific factors affecting TRIPS compliance. The model was tested using a combination of qualitative techniques, including an initial bilingual questionnaire, detailed follow-up interviews and analysis of a wide range of primary documents such as WTO papers, laws and regulations and case reports. Respondents participating in the study included legal and business professionals, both international and Chinese, with experience of the IP system in China. The qualitative data was coded and analysed using NVivo software and a model of TRIPS compliance in China created. The study concludes that previous studies of compliance with international obligations have been too narrow in scope and that a more inclusive approach to relevant factors is necessary. In terms of policy implications, this thesis will also suggest that external pressure alone will not achieve long-term changes in the IP system and that more cooperative initiatives are necessary in order to increase China's capacity, as well as intention, to fully comply with the TRIPS Agreement

“I Didn\u27t Know I Could Turn Colors”: Health Problems and Health Care Experiences of Women Strangled by an Intimate Partner

Strangulation is a unique and particularly pernicious form of intimate partner violence. To increase the relatively little that is known about strangulation survivors, focus groups and interviews were conducted as part of a practice–research engagement with a domestic violence shelter. All of the participants had been strangled and, among them, almost all were strangled multiple times. The loss of consciousness was common. Participants associated “choking” with use of body parts and “strangling” with use of objects. Although some minimized the assault, most considered strangulation to be serious and reported a variety of medical conditions following the assault. Few sought medical care. Of those who did, few disclosed the assault, or were asked about strangulation, which commonly resulted in misdirected treatment. Implications for improving detection and treatment are discussed

“Do You Know What It Feels Like to Drown?”: Strangulation as Coercive Control in Intimate Relationships

Strangulation is a unique and particularly gendered form of nonfatal intimate partner violence, affecting 10 times as many women as men. Medical research documents multiple negative health outcomes of such victimization, and in the past decade nearly 30 U.S. states have enacted laws making nonfatal strangulation a felony. We extended prior work by using grounded theory in a qualitative study to explore women’s experiences of, thoughts about, and reactions to being strangled. Each of the 17 mostly well-educated and African American domestic violence shelter residents had been strangled at least once by an intimate partner; most had survived multiple strangulations. Despite other severe abuse and a high level of fear, all were shocked that their partner strangled them. Participants reported an intense sense of vulnerability when they recognized during the assault how easily they could be killed by their partner. Nonetheless, they seemed to think of strangulation, not as a failed murder attempt, but as a way to exert power. Efforts to extricate themselves from a “choking” largely failed and resistance resulted in an escalation of the violence. Moreover, strangulation is difficult to detect which, as participants observed, makes it especially useful to the abuser. The aftereffects permeated the relationship such that strangulation need not be repeated in order for her to be compliant and submissive, thus creating a context of coercive control

Food Preference and Demand in a Ramp Task in Guinea Pigs (Cavia porcellus)

Guinea pigs (Cavia porcellus) are popular pets and used as laboratory animals, however, their dietary preferences are under-studied. It is important for guinea pig owners and carers to increase the opportunity for good animal welfare by providing personalized and enriching dietary options. Thus, this study aimed to assess the use of paired-stimulus and multiple-stimulus-without-replacement preference assessments to determine the food preferences of seven male guinea pigs and test the validity of the methods by testing the demand for the most- and least preferred foods as reinforcers for climbing an elevated ramp. Generally, the preference assessments identified the same foods as the most preferred for each guinea pig, but not the least preferred foods. Guinea pigs climbed up to the steepest angle for both most and least preferred foods, but a non-linear least squares regression and demand analysis indicated faster climbing and inelastic demand for most preferred foods compared to slower climbing and elastic demand for least preferred foods. Both preference assessment methods were valid in identifying a preferred food, however, the multiple-stimulus-without-replacement assessment was more efficient to conduct. High-preference foods such as parsley and dandelion are recommended as future training reinforcers for guinea pigs and as foods to consider using as enrichment in captive guinea pig systems to encourage good welfare.&nbsp

Baton Rouge Collective Healing Initiative: Final Report

In response to recent and historic traumatic events that caused distrust and strained relationships between law enforcement and their communities, the U. S. Department of Justice, Office of Victims of Crime (OVC), selected five demonstration sites to invest in restorative and healing activities to repair community-police relationships. The International Association of Chiefs of Police (IACP) worked closely with the sites over the three-year grant period to improve relations through evidence-based interventions, technical assistance, and peer learning. The program, Law Enforcement and the Communities They Serve: Supporting Collective Healing in the Wake of Harm began in the selected cities, which included 1) Baton Rouge, Louisiana; 2) Houston, Texas; 3) Minneapolis, Minnesota; 4) Oakland, California; and 5) Rapid City, South Dakota. The purpose of Collective Healing was to foster meaningful dialogue and reconciliation among law enforcement agencies and the communities of color they serve, to increase the capacity of victim services programs, and to address officer health and wellness. Collective Healing programs were led by police departments and supported by victim assistance programs, behavioral health agencies, grassroots organizations, and academic partners. IACP provided technical assistance and training and conducted site visits to monitor accountability and effectiveness. The Baton Rouge Collective Healing Initiative was conducted from October 1, 2017, through September 30, 2020. The Baton Rouge Police Department (BRPD) served as the lead and fiscal agent for the project. BRPD hired a program manager to coordinate the partnership and complete grant activities. The original core members of the Baton Rouge Collective Healing Initiative included community partners who were vested in improving community-police relationships. The core partners included 100 Black Men of Metro Baton Rouge, the Baton Rouge Chapter of the National Association for the Advancement of Colored People (NAACP), Capital Area Human Services, LSU Social Research and Evaluation Center, and the Southern University, Center for Social Research