The challenges of applying turnover threshold to the sharing economy for control of concentrations between undertakings in China

The existing notification threshold for Chinese control of concentrations between undertakings is a turnover threshold, complemented by a market share threshold. The business model adopted by platform enterprises in the sharing economy, where services are provided free and subsidies are given to the platform's basic users, make it very hard for platform enterprises to produce notable turnover for a long period of time; therefore, the turnover threshold is unlikely to be satisfied in the context of concentrations. On the other hand, it is also not appropriate to apply the traditional methodology of constitutionality analysis and the SSNIP (Small but Significant and Non-Transitory Increase in Price) test to define the relevant market for the sharing economy, which is characterized by a two-sided market and cross-group network externalities. The size-of-transaction threshold reflects the importance of the number of basic users to the market power possessed by platform enterprise and has the same advantages of transparency and certainty. Therefore, legislation can be used to introduce the size-of-transaction threshold to Chinese control of concentrations between undertakings in addition to the traditional turnover threshold.     

中日儿童孤独感的跨文化比较研究

以448名中国、日本小学4-6年级儿童为被试,采用Asher等人研制的儿童孤独感量表和日本田研式精神健康诊断调查表,考察了中国和日本儿童在学校和家庭生活中所存在的孤独感.结果表明:日本儿童在学校和家庭中的孤独感均高于中国儿童.中日两国儿童在家庭里的孤独感都高于在学校不能融入群体时的孤独.中国和日本男生的孤独感均高于女生.中国的男生随着年级的升高,孤独感慢慢减少,而日本的男生则相反.     

Determinants of Export Performance: Evidence from Chinese Industries

This paper empirically investigates the determinants of Chinese export performance using cross-sectional data at the industry level. We find that the export performance of different industries is significantly influenced by labour costs, foreign direct investment (FDI) and firm size, and thus open to a variety of explanations offered by traditional and new trade theories. These findings indicate that Chinese industrial sectors have realised their comparative advantages, but point to the need for the industries to upgrade their export structure in order to sustain growth.     

The Determinants of Capital Structure: Evidence from Chinese Listed Companies

This paper attempts to investigate the determinants of the capital structure of a sample of 972 listed companies on the Shanghai Stock Exchange and Shenzhen Stock Exchange in China in 2003. Various theories, namely, the trade-off, pecking order and agency theories, are deployed to explain and predict the signs and significance of each factor identified by Ragan and Zingales (1995) and Booth et al. (2001). Furthermore, we include institutional shareholdings, including state agency shareholdings, state-owned shareholdings and privately owned shareholdings, as corporate governance variables to examine the effects of corporate structure on the debt financing behaviours. As well documented, we find that profitability is negatively related to capital structure at a highly significant level. The size and risk of the firms are positively related to the debt ratio – but only in term of market value measures of capital structure. The years of the companies being listed on stock markets are positively related to capital structure, indicating the access of the firms to debt finance is more easily judged by book value. Tax is not a factor in influencing debt ratio. Ownership structure has a negative effect on the capital structure. The firms with higher institutional shareholdings tend to avoid using debt financing, a behaviour that can be explained by entrenchment effects. A further classification of the institutional shareholders reveals that, among the three groups of institutional shareholding, the state institutions, including state agency and state-owned institutions, were more averse to debt financing, particularly for state-owned institutions. There is no strong evidence indicating debt-averse behaviour by domestic institutional shareholders.     

中国保险基金的困境及其出路

当前，我国保险业又一次面临着巨大危机和困境，保险资金投资渠道狭窄，投资方式、投资工具单一，难以支持我国保险业全面应对加入WTO后年资保险公司纷至沓来的局面。中国保险基金必须加快和更大规模地进入资本市场，这既是保险业摆脱困境的必然选择和唯一出路，更是中国金融市场体系得以完善的必然要求和客观规律。中国证券市场、特别是股票市场当前还存在严重缺陷，保险基金大规模贸然入市风险很大。中国保险基金进入资本市场的途径主要有：成立各种形式的投资基金，大规模增加购买企业债券，提高购买金融债券和国债的比重等。     

Vulnerability among paupers: Determinants of individuals receiving poor relief in nineteenth-century northern Sweden

This study combines computerized parish registers with parish meeting records that account for individuals who received poor relief in the nineteenth-century Sundsvall region, Sweden. The combination of sources especially helps to explore the recipients who are overlooked in the literature or difficult to trace in historical data. Their demographic characteristics in relation to relief allocation and experiences prior to it are analyzed and show that they did not only share the occurrence of entitlement. Vast but insufficient family networks failed to give the recipients support to manage their distressed situation. Deaths and births of relatives jeopardized their capability to guarantee subsistence for them or their family, and so did also their gender and phase in the lifecycle. The multi-dimensional concept of vulnerability is employed to comprehend the dynamic determinants of poverty represented by individuals granted poor relief. It is argued that this concept has to be further developed but nevertheless helps to identify and stratify some of the vulnerabilities that characterized paupers in the past.     

Investigating the Determinants of the Street Code and its Relation to Offending among Adults

Theoretical and empirical consideration has long been given to the role of subcultural attitudes and how they relate to delinquency and crime. Recently, Anderson has reconceptualized these early attitudinal depictions by considering the formation and role of these specific attitudes or ‘code of the street’ among African-Americans in inner-city neighborhoods. A number of important findings have emerged from this literature, yet much remains to be considered. We contribute to this literature in three specific ways by examining: (1) the scope of street code attitudes across a wide variety of individuals—and not just inner-city African American (males) to assess the generalizability of these attitudes; (2) the correlates of street code attitudes; and (3) the extent to which street code attitudes mediate the relationship between various demographic and attitudinal (self-control) variables and crime. Theoretical implications and directions for future research are addressed.     

Global functioning and suicide among Chinese rural population aged 15-34 years: a psychological autopsy case-control study

As the relationship between global functioning and young suicide remains unclear in rural China, this study was aimed to explore the relationship between them. Data of 391 rural suicides and 416 controls, all aged 15-34 years in three provinces in China were used for this study. The Global Assessment of Functioning (GAF) scale was adopted to assess global functioning of suicides and controls. The results showed that GAF score was stronger than mental illness in predicting suicide in China. Different correlates of GAF score were found between suicides and controls. Unsurprisingly, GAF score was significantly correlated with mental illness in both suicides and controls. Different characteristics were also found among three types of suicide which were classified using GAF score. Assessing global functioning is useful and GAF scale should be regularly used in suicide prevention practice.     

Take this job and shove it: An exploratory study of turnover intent among jail staff

The success of any organization usually rests on the shoulders of its employees. As such, voluntary personnel turnover presents administrative challenges that have substantial and far reaching effects. Understanding the factors that lead to staff turnover intentions can assist organizational leaders in possibly altering the work environment to address employee concerns. Among correctional organizations, the few studies that have been conducted on turnover intent have focused, as most correctional research in general, on prisons. The exclusion of jail turnover intent is puzzling given the unique challenges that jail staff face. The current study attempted to fill this empirical void by using survey data to examine the antecedents (i.e., personal characteristics, perceptions of the work environment, and job attitudes) of turnover intent among staff at a large southern jail. Based on a multivariate analysis, the most powerful predictors of jail staff turnover intent were job attitudes (i.e., job involvement, job satisfaction, and organizational commitment). The findings suggested that administrators should concentrate on improving the work environment to boost employee job involvement, job satisfaction, and organizational commitment.     

对我国海上保险法的思考与展望

本文综述了国际上对统一海上保险法的讨论、我国海事法院对海上保险的一些焦点问题的司法认识 ,和修改《海商法》第 12章的学术讨论成果     

Fear of crime among Chinese immigrants in Metro-Detroit

Although a great deal of research has been conducted on fear of crime among the general public, much less is known about such fear among immigrants. Intensified fear may have detrimental consequences on immigrants’ lifestyles, acculturation process, and responses to law enforcement. Based on survey data collected from 148 Chinese immigrants in Metro-Detroit, this study assesses the effects of a variety of general and immigrant-specific explanatory factors on Chinese immigrants’ fear of crime. Results show that Chinese immigrants who had greater perceived risks of victimization, stronger perceptions of crime problems in home city, and lower English proficiency tended to have higher levels of fear of crime. Implications for policy and future research are discussed.     

论中国法学流派分野的基本端倪

中国目前难以宣称建成了独立的法学派别,但已在法学世界观与方法论方面形成了最初分野。政治视野、社会视野、诠释主义、批评主义、综合主义等各类法学思潮应运而生、争奇斗艳,成为现代法学凸显学术气魄,引领学术方向的种种潮流。     

The impact of individual,organizational, and environmental attributes on voluntary turnover among juvenile correctional staff members

In this study we assessed the impact of individual employee characteristics, organizational attributes, and quality of the correctional environment on the turnover intentions of juvenile correctional staff members. Both individual characteristics and organizational attributes were significant predictors of turnover intentions. The individual characteristics were age, race, and education; the organizational variables were job satisfaction, stress, and staff support and communication. In general, the organizational attributes were stronger predictors of turnover. Only one variable pertaining to the quality of correctional environment, facility's amount of care toward juveniles, was significantly related to turnover. In contrast to findings of previous research, dangerousness, gender, and tenure were not related to staff turnover. We discuss the implications of these results for correctional staffing.     

中国30年来的宪法学教学与研究

上世纪70年代以来的中国宪法学教学和研究,从根本上说是围绕着反映经济社会发展要求的82宪法的形成、解说、实施和修改进行的,当然也在很大程度上受到后者发展状况的局限.中国的宪法学教学和研究得到了快速发展,但总体水平还比较低,其主要原因在于中国的政治体制改革相对滞后,宪政实践还不能提供必要而足够的研究资源,宪法学教学和研究缺乏现实的推动力.近年来,中国宪法学教学和研究出现了一些新的发展趋势.这些新的发展趋势适应了现阶段中国经济社会发展的要求,引领着中国宪法学教学和研究的新方向.     

Chinese Organised Crime

Secret societies have always been endemic to Chinese overseas communities, surviving on fear and corruption and prospering through their involvement in a wide range of legal and illegal businesses. For many years, Hong Kong was seen as the 'capital' of this worldwide Chinese criminal fraternity and, in the 1980s, many outside observers and analysts thought the gangs that were based in the then British colony would leave once it reverted to Chinese rule in 1997. In the end, the reverse turned out to be the case. Not only did the Hong Kong Triads make arrangements with the territory's new overlords, but in Chinatowns all over the world, close links were also forged with mainland Chinese interests. In China itself, where cutthroat capitalism has replaced the old, austere socialist system, new secret societies, both Triad-linked criminal groups and various syncretic sects, are also expanding at a breathtaking pace. An entirely new breed of entrepreneurs is emerging on the fringes of China. The businesslike and well-connected, pinstriped suit-wearing managers of the Sun Yee On Triad have shown where the future lies, while gangsters are breaking new ground in such new frontiers as the Russian Far East, which could have far-reaching consequences for the stability of the entire region.     

当代中国法律对习惯的认可

习惯法为当代中国正式的法律渊源,当代中国宪法、法律、行政法规、地方性法规、民族区域自治法规、政府部门规章、中国缔结和参加的国际条约中都对习惯进行了认可,赋予习惯以法律地位,确认了习惯法在我国正式法律渊源中次要、补充的法律渊源地位。我国法律、法规认可的习惯的内容比较广泛,包括民族习惯、地方习惯、物权习惯、商事习惯、婚姻习惯、家庭习惯、继承习惯、丧葬习惯、生活习惯、宗教习惯、国际惯例等。当代中国法律对习惯认可的变化代表了一种“为生活而立法”的新的立法理念。     

确立中国式辩诉交易程序之研讨

随着社会、经济的发展,犯罪率不断上升,刑事案件越来越多。由于各种条件的限制,导致了刑事积案与日俱增。为了及时处理积案和集中力量查处大案,美、德、意等国家的法律规定了辩诉交易程序。我们应从中国国情出发,本着“洋为中用”原则,对国外辩诉交易的发展、辩诉交易与简易程序的关系进行研究,确立中国式辩诉交易程序。     

古典中国法律解释的哲学智慧

"仁道精神"构成了中国古代哲学的基础。"仁道精神"的核心在于寻求自然秩序中的和谐。在此影响下,古典中国人的法律生活充满了温情的协调色彩,追求情、理、法的和谐统一。古典中国法律的使命主要是为了辅助地求取一种符合"仁道精神"的社会生活,而不是构筑西方社会追求的那种符合个性自由精神和"科学意识"的社会生活。在古代中国,法律也不是至高无上的"真理",人们并不通过法律达到某种"真知",法律主要执行着实现"仁道精神"的功能,法律经常被变通,甚至被替代。当情与法或善与真发生冲突时,法便要让位于情,真要让位于善。中国古代法律解释中的趋善抑真恰恰就是对实践之善的趋向和对法定之善(真)的抑制。正是这样一种法律解释的价值追求,才使得法律即使自身不能很好地实现德礼教化的功能,也能通过一定的法律解释而通达教化的境地。