The enforcement of china��s anti-monopoly law during the financial crisis: A comparative study

The economic recession throughout the history has always been accompanied by relaxation or abandonment of anti-monopoly laws, but this crisis is not experiencing substantive recession of anti-monopoly law enforcement in major countries and regions. This has mainly resulted from the recognition that anti-monopoly law enforcement could ease adverse effects of economic recovery. Considering China’s short history of anti-monopoly law enforcement and consistent tradition of government intervention in the economy, more strict anti-monopoly law enforcement should be adopted, and more attention should be paid to government-led anti-competitive efforts.     

金融危机下企业经济性裁员的法律思考

在金融危机影响下,企业常常以经济性裁员来减少企业的人力成本支出,这是企业经营自主权的体现。但这种经济性裁员涉及人数多,稍有不慎就会产生严重的法律后果和社会影响。所以,在劳动合同法规范下,经济性裁员必须符合法定条件,履行法定程序。本文从法律适用的角度出发,在论述金融危机下企业经济性裁员的法律后果与影响的基础上,对我国现行经济性裁员的法律规定及存在的问题进行了具体分析,并对金融危机下完善我国企业经济性裁员制度提出了若干建议。     

中国参与经济全球化管理的战略思考——评《陈安论国际经济法学》的主导学术理念

美国金融危机和欧洲部分国家主权债务危机,不仅暴露了西方国家经济体制和运行机制长期存在的经济社会问题,而且也反映了现行国际经济体系已经不能适应新的国际经济形势,构建国际经济新秩序成为当前世界走出危机、重振经济的当务之急。积极参与全球经济治理,推动国际经济体系变革,促进国际经济秩序朝着更加公正合理的方向发展,不仅是我国深化改革开放,为发展营造良好国际环境的需要,而且也是满足国际社会希望中国发挥更大作用的需要。陈安教授在《陈安论国际经济法学》(五卷本)中的许多文章中,特别是在《论中国在建立国际经济新秩序中的战略定位》等4篇系列论文中,从国际经济法学的角度,就我国参与经济全球化管理和推动国际经济秩序变革,提出了一系列独特的战略思想和政策建议,喊出了与时俱进、变法图强的最强音。这是陈安教授30年来一以贯之的学术理念和学术思想,非常值得我们重视和思考。本文结合陈安教授的有关论述,提出了一些中国参与经济全球化管理的战略思考,是为呼应。     

Self‐Determination in the Constitutional Future of the EU

This article analyses three prominent proposals for the functional and political transformation of the EU from a constitutional perspective. It argues that existing EU reform proposals, to varying degrees, entrench rather than reverse the challenges to individual and political self‐determination brought about by the EU's response to its Euro crisis. As the article will conclude, challenging ‘authoritarian liberalism' in an EU context may require the development of a constitutional structure for the Union able to contest, rather than set in stone, the EU's existing economic and political goals.     

The Fault of (European) Law in (Political and Social) Economic Crisis

It is a commonplace that the discipline of economics has contributed to the current crisis, above all, because economic methodologies are charged with fatally inflating debt risk, such that collapse was the inevitable result. But what might be said of the role of law within this constellation? Much ink has been consumed detailing legal shortcomings within regulatory regimes for the financial services. However, a full accounting has yet to be made of the broader fault which may also be attributed to the premises of modern and increasingly post-national law, especially as they coalesce with a broader abdication of political responsibility for crisis. This contribution begins this accounting, investigating the processes by which law has transformed itself into an economic technology within post-national regimes in its contemporary quest for material legitimacy. Above all, in its idolatry of the factual, law has itself become a power locus—especially within the European Union—that similarly pre-empts the politics within which social and economic stability might be defined and achieved.     

论金融危机与经济法价值的回归——政府行为视角

经济法最核心的价值就是公平,即通过立法赋予政府干预市场的权利,以实现市场交易公平。金融危机实质是信用危机,本轮经济危机直接原因是金融资本与实体产业的脱离,而法律对金融创新缺乏规范是金融资本与实体产业脱离的直接诱因。为此,政府需要重新审视自身行为,在金融创新过程中通过立法明确规范金融资本与实体产业的关系,发现导致金融危机的直接原因,并用经济法的简单价值引导市场处理自身金融危机。     

金融危机带来的反垄断法难题——各国的做法及对我国启示

为尽快走出金融危机，各国政府采取了广泛的经济救助计划，其中包括政府主导的企业合并和产业援助计划，这些措施可能与反垄断法发生冲突，长期来看不排除对市场竞争造成损害。通过了解美国、加拿大、欧盟等国家和地区的反垄断执法当局在应对金融危机中的做法．认识到我国的反垄断执法一方面需要对危机作出呼应，一方面应通过适度执法保证经济的长期健康发展。     

Criminogenic Cyber-Capitalism: Paul Virilio, Simulation, and the Global Financial Crisis

This essay is a manifesto expounding the relevance of the critical theory of Paul Virilio to critical criminology. I interpret the global credit crisis as a criminogenic ‘event’, explicable in terms of Virilio’s theory of speed-politics. The trans-national space(s) of globalization are inherently criminogenic. ‘Power crime’ is the criminogenic ‘substance’ of global capitalism. Globalization—intensity, extensity, velocity, and impact—equates with cyber-capitalism, which ensures the operational primacy of simulation. Simulation, the fast moving manipulation of post-reality, causes the ‘disappearance of the real’, which underlines the epistemological crisis that attenuates global economic catastrophe. Simulation equates with the ‘logistics of perception’, which manifests itself through both pure war and speed-politics. Simulation and power crime merge on the level of the criminogenic manipulation of reality, resulting in the ‘accident’ of the global credit crisis. Power crime is the criminogenic medium through which the periodic crises of global capitalism will now occur.     

金融危机的经济法解析

对于全球性金融危机的发生、扩展和解决等重要问题,可以从经济法理论的视角进行解析。其中,金融危机的发生,是源于"两个失灵",它从消极方面体现了加强经济法调整的重要价值;金融危机的扩展,同国内与国外经济、实体与虚拟经济、内部与外部经济等多重二元结构直接相关,需要运用经济法进行"辨证施治";金融危机的解决,同样应当遵循经济法的三大基本原则,明晰相关主体的不同类型法律责任,并通过经济法的各个部门法的综合调整,来促进经济与社会的协调发展。     

The return of financial variables in forecasting GDP growth in the G-7

The financial crisis and subsequent sovereign debt crisis together had a profound impact on the current economic environment. This study reexamines the established stylized facts and previous evidence regarding the predictive association between financial variables and real economic activity considering changed economic circumstances. This paper focuses on the predictive ability of the term spread, short-term interest rate and stock returns for real GDP growth in the G-7 countries. We compare the predictive content of nominal financial variables with that of real financial variables and consider the proper number of financial predictors and time variations of forecasting performance. The forecasting results unambiguously indicate that financial variables have regained their predictive power since the financial crisis. Moreover, this study shows that real financial variables are superior to nominal variables and that using several financial indicators for forecasting GDP growth is preferable.     

Transnational white-collar crime and risk

Research Summary Business transactions have increasingly been crossing national borders, thereby presenting greater opportunities for white-collar crime and for the externalization of risk. The global economic crisis, resulting in part from the subprime mortgage scandal, is a prime example of this potential. To develop theoretical perspectives and practical interventions to prevent and respond to the global financial crisis, we consider similar issues of risk and white-collar crime associated with global transactions in electronic waste (E-waste). Policy Implications Smart (or responsive) regulation is a promising approach for addressing both E-waste and the current economic crisis. This response includes crime prevention, third-party- and self-regulation, and the threat of strong state intervention. Future research should explore the extent to which smart regulation reduces specific forms of white-collar crime and risk, as well as whether these interventions generalize to other transnational problems.     

父爱主义与“还地于民”

农村经济体制改革的进程就是一个“还地于民”的过程。因为流转上的障碍,农村土地权利并未真正物权化。流转管制背后蕴藏着父爱主义理念。父爱主义没有随着市场经济的发展而消解,反而重新抬头。但逻辑上父爱主义的预设前提并不存在,且潜伏着无效率和不自由的危险。父爱主义本质上是一种精英主义,土地管制所借助的三个正当化理由都有反思的必要。目前全球金融危机为“还地于民”提供了历史契机,摒弃父爱主义有助于实现农村土地资产彻底物权化和农民身份彻底市民化,并为克服危机提供动力。     

Study on the financial supervision and anti-monopoly regulation of integration of industry and finance �� in view of confronting global financial crisis and mitigating domestic financial risks

With governmental loose control in the major global economies since 1980s, the integration of industry-finance capital generates group companies. The integration of industry and finance (hereinafter as the “IIF”) is on the way to gradually become the mainstream of the world. It is needed to reconsider the IIF in light of the current global financial crisis. The IIF expands economic scale and increases efficiency, bringing two challenges in practice: financial risk overlay and anti-competition of the market power. What is more, the formation and abuse of market power will amplify the effect of risk overlay. To mitigate financial risks and protect market competition and to improve the regulation of the IIF, it is needed to improve both financial supervision and anti-monopoly regulation, as both are crucial.     

Societal openness during the urban crisis. Partner selection in the 19th-century Belgian textile cities Ghent and Verviers

This paper examines the partner selection of the lower classes during an urban crisis period in early industrial Belgian cities. It was found that in this period characterized by an economic transition, overpopulation, migration and a low standard of living, social heterogamy was high, whereas social homogamy increased, or was ‘restored’, in the subsequent period. The urban crisis effect on partner selection contradicts the claims of modernization theory that there was a gradual increase in societal openness and that societal openness was typically modern, but it fits the idea of the informalization of marriage, a process marked by an increase in unmarried cohabitation and illegitimacy.     

Societal openness during the urban crisis. Partner selection in the 19th-century Belgian textile cities Ghent and Verviers

This paper examines the partner selection of the lower classes during an urban crisis period in early industrial Belgian cities. It was found that in this period characterized by an economic transition, overpopulation, migration and a low standard of living, social heterogamy was high, whereas social homogamy increased, or was ‘restored’, in the subsequent period. The urban crisis effect on partner selection contradicts the claims of modernization theory that there was a gradual increase in societal openness and that societal openness was typically modern, but it fits the idea of the informalization of marriage, a process marked by an increase in unmarried cohabitation and illegitimacy.     

Dead man walking? Current European interest in the ordoliberal tradition

During the years of the financial crisis, ordoliberalism became the target of a European‐wide critical campaign. This school of thought is widely perceived as the ideational source of Germany's crisis politics, which has even led to an “ordoliberalisation of Europe”. This essay questions the validity of such assessments. It focuses on two aspects that are widely neglected in current debates. One is the importance of law in the ordoliberal vision of the ordering of economy and society. The second is its cultural and religious background, in particular in German Protestantism. The influence of the ordoliberal school on European law, so the essay argues, is overrated in all stages of the integration project. Anglo‐American neoliberalism rather than German ordoliberalism has been in the ideational driver's seat since the 1980s. In the responses to the financial crisis, the ordoliberal commitment to the rule of law gave way to discretionary emergency measures. While the foundational synthesis of economic and legal concepts became indefensible, the cultural underpinnings of the ordoliberal tradition survived and developed a life of their own, in particular in German political discourses.     

Economic crisis and morale

The functioning of welfare states and tax systems is fostered by social norms to obey the rules of the system. Morale can change and react to new incentives. In particular, a deep economic crisis with increasing unemployment and reduced prospects for market income may have a norm eroding effect. This study explores the link between economic crisis and morale. Our theoretical reasoning is based on an economic approach to the evolution of norms, according to which norms are influenced by self-interest. A distinction is made between two dimensions of citizens’ morale: benefit and tax morale. Our econometric evidence based on data from the World Value Survey suggests that a sharp hike in unemployment reduces the morale standards along both dimensions. The crisis impact on benefit morale is conditional on the existence of generous benefit schemes.     

EU Constitutionalism in Flux: Is the Eurozone Crisis Precipitating Centralisation or Diffusion?

The Lisbon Treaty was supposed to mark the end of an almost‐decade‐long period of treaty reform. After the tumult of the failed Constitutional Treaty, the settlement it imposed struck a sustainable balance between the competing forces of centralisation and the diffusion that characterise European integration. Yet this constitutional settlement is now threatened by the Eurozone debt crisis and official responses to it, most notably the proposed fiscal compact. A prevalent view regards the crisis as an opportunity to complete the process of political and economic union that the Maastricht Treaty began. However, this article cautions against such a view, which would jettison the post‐Lisbon Treaty constitutional settlement in favour a peculiar kind of German‐led, intergovernmental centralisation. Whether the crisis response measures achieve their stated aims remains to be seen, but the integration project will be reconfigured in the process. Thus, EU constitutionalism is bound to remain in a state of flux.     

经济危机对中国法律服务业的影响

由美国次贷危机引发的金融危机愈演愈烈，演变成为一场波及全球的经济危机。在全球整体经济下滑、金融动荡的环境中，法律服务业作为相互关联产业中的一环．不可避免同样受到了波及和重大影响。这主要表现在经济低迷导致法律服务的需求下降。虽然公司面临破产、裁员以及贸易纠纷等问题，增加了一部分破产、劳动仲裁、民商事纠纷等业务，但不会改变法律服务业受全球总体经济拖累的大趋势。