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现今旅游纠纷日益增多,而在我国旅游行政管理部门及司法实践中,普遍存在＂无法可依＂的认识误区,以及回避纠纷性质,重结果轻分析的倾向。《最高人民法院公报》公布的＂孟元诉中佳旅行社旅游合同纠纷案＂及其判决,虽然并未引起旅游业界、法学界的太多争议,但其在旅游合同性质认定及解除权问题上的认定,存在着一定的问题和瑕疵。本文从民法解释的角度重新审视该案,并对该案判决提出较为具体的不同意见,以呼吁业界通过解释现行民事立法,充分发挥其在解决旅游民事纠纷中的作用。 相似文献
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Christian Ernsten 《International Journal of Heritage Studies》2017,23(6):575-586
In this essay, I reflect on the massive and dramatic re-emergence of the dead of Cape Town’s District One in 2003, and its aftermath. I discuss how the resurfacing of these ancestors helps us understand how heritage discourses operate in Cape Town, and how their agency forces us to consider what it means to live in the city during post-apartheid urban renewal. I argue that the agency of the District One dead hinges on their exposure of the internal workings of discourse and the associated disciplinary practices through which we experience Cape Town and its heritage. This story ends ambiguously. I discuss how, following the storage of the District One dead in the Prestwich Ossuary, the gaze on Cape Town was redirected away from the city’s past and towards its future; I explore how their reinterment foreclosed a series of discussions regarding the reconciliation of past events with the present realities of Cape Town. I argue, finally, that truth at District One can be understood as a form of historical recapitulation. 相似文献
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AbstractThe research adopts the mobilities approach to examining the everyday experience of tour guides. Scholars tend to highlight guides as service providers and cultural brokers, whose activities and feelings seem to be subordinate to tourism consumption. In contrast, the research moves beyond the context of business and economy and seeks to resituate tour guiding in ordinary life. It draws on the ethnographic fieldwork in Sanya, a coastal city in south China, and adopts the methods of secondary data collection, interviews and participant observation for data generation. Specifically, the research scrutinises how tourism mobilities are embedded into the production of local guides’ daily practices, emotions and feelings. Tour guiding is characterised by movement/stillness, instability and contested meanings. On working days, guides travel with tourists between scenic sites, receiving unstable income. The mobile work greatly shapes their everyday rhythms, social networks, familial lives and identities. On jobless days, guides are likely to confine ordinary practices to residence and suffer from deep anxiety. Immobilities arouse their feelings of inability and worries about the future, thus lowering their expectations of career and personal development. The research problematises the idiosyncrasy of tour guiding and underscores its close relationship with the production of everyday practices and experience, thus giving a wider view on tourism work. In so doing, it also enriches our understanding of the complexity of tourism mobilities and contributes to the debate on the de-differentiation of tourism. 相似文献
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PAUL CLAVAL 《Tijdschrift voor economische en sociale geografie = Journal of economic and social geography = Revue de géographie économique et humaine = Zeitschrift für ?konomische und soziale Geographie = Revista de geografía económica y social》2006,97(3):209-221
Political geography and geopolitics were built on the same basic postulate as political sciences and the theory of international relations: the nation‐state was the relevant scale for all types of analysis. This postulate was a reasonable one at the time of the Treaties of Westphalia. This type of polity triumphed on the international scene at the time when Hobbes wrote the Leviathan. The basis of the social contract implicit in the perspective was simple: in order to achieve personal security, everybody gave up the parcel of freedom (and the associated use of violence) he was naturally endowed with, and delegated it to the Leviathan, the State. The only field where competition between human beings was legitimate at the most elementary level was that of economy. The evolution of the international scene does not only result from the evolution of weaponry or communication and transport technologies. For many persons today, renouncing any parcel of their individual freedom appears as a mutilation of their egos. There was a general agreement in the past on the scale where the analysis of political action had to be developed: it has disappeared. For a growing part of modern societies, inter‐individual or local competition may take a political form and rely on the use of violence at all the levels, including the micro‐scale. It means that political geography and geopolitics have increasingly to allow for the variety of scales of political action and the changing relations between the competition for power, wealth and status which are present in every society. 相似文献
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长期以来,法制史家和亚述学家分别依据《汉穆拉比法典》有关婚姻的条款和古巴比伦时期有关婚姻的文献来研究古巴比伦时期的婚姻习俗,然而,他们的研究方法以及某些结论值得商榷。童养媳、婚约、聘金以及离婚权等问题的研究表明,只有将《汉穆拉比法典》有关婚姻的条款与古巴比伦时期的婚姻文献相结合,才能研究古巴比伦时期的婚姻习俗问题。上述问题的研究还表明,古巴比伦妇女在婚姻中处于被动地位,商品经济对婚姻影响很大。 相似文献
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《History & Anthropology》2012,23(5):497-502
ABSTRACTDespite its importance, life at sea, as well as the labour of those who toil in these waters, often remains murky to those on land. Based on ethnographic research onboard cargo ships and ashore at Mission to Seafarers (MtS) and other seafarer clubs this essay emphasizes the centrality of care and capture in shaping the global shipping economy. Drawing insights from an anthropological archive of capture, this essay highlight the multi-faceted ways in which care and capture define maritime labour on land and sea and where the ultimate form of captivity is abandonment. 相似文献
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导游员道德危险的防范与控制 总被引：17，自引：0，他引：17
导游员的道德危险是近年来困扰着旅行社行业的一个严重问题,本文分析其道德危险的表现形式及其产生的原因,指出其危害,并提出防范和控制导游员道德危险的建议. 相似文献
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Cultural resource management (CRM) work accounts for most of the archaeology conducted in the United States. A diverse and
somewhat fragmented field, CRM has nonetheless achieved a degree of institutional and organizational maturity. CRM archaeology
has produced important contributions to archaeological methodology and has established and refined knowledge of regional cultural-historical
sequences and settlement and subsistence patterns. The current florescence of historical archaeology is attributable to CRM.
Yet the maintenance of high quality in CRM is a pervasive and enduring problem. Academic institutions need to reestablish
alliances with the CRM community. The future viability of CRM archaeology depends on factors both internal and external to
the discipline: regulatory and statutory “reform,” agency funding levels, looting and other destructive forces, and Native
American and other public involvement. 相似文献