论反垄断法语境下的市场界定

对市场的界定是进行并购反垄断审查的重要前提.需求替代性和供给替代性是界定相关市场的理论基础.在此基础上,产品功能界定法和假定的垄断者测试是界定相关市场的具体方法.由于假定的垄断者测试有大量的经济数据作支撑,因此应当作为界定相关市场的主要方法.     

Regulating balance sheet audit: A game theoretical analysis

Summary  The decision situation implicit to balance sheet audit is modelled as a game theoretical model and examined for its behavioural implications. Possible types of decisions are identified as Nash equilibria. The basic game model is characterized by an equilibrium in mixed strategies. Its properties are discussed in detail with respect to alternative scenarios of statutory audit. The regulatory propositions of separation between audit and consulting, on the one hand, and the rotation of auditors, on the other, are analyzed in the context of the game. It turns out that these measures may have contradictory effects on the quality of the balance sheet audit and it depends on the specification of regulatory details and the reaction of the agents whether the one or the other effect dominates in the end. Another proposition to enhance the audit performance is the extension of the liability of statutory auditors. Prerequisites for the success of this measure are that either no professional liability insurance exists or that, if otherwise, deductibles are calculated as a fixed percentage of the loss. The examples refer to German legal rules, however, similar legal rules are valid for most of the developed market economies.     

Understanding gender-specific intimate partner homicide: A theoretical and domestic service-oriented approach

Research on intimate partner homicide has increased in recent years, partially due to growing efforts to disaggregate homicides into meaningful categories but also because of a growing interest in policy responses toward domestic violence. Much of this research tends to focus on two perspectives—exposure reduction and the backlash/retaliation hypotheses—when explaining the link between intimate partner homicide and domestic violence resources. Support has been found for both approaches even though they offer contradictory predictions. This frustrating finding is further complicated by methodological issues, such as the inability to address the rare nature of these events, offer a wide range of domestic violence services and resources and control for structural characteristics of urban areas where violence is found. This issue is addressed by offering a systematic examination of male- and female-victim intimate partner homicide in 2000. The current study investigates both exposure reduction and backlash arguments, in addition to economic deprivation and a number of structural factors relevant to homicide rates. Results suggest that while these perspectives are relevant to intimate partner homicides, there are statistically significant differences across the gender-specific models once the corrected statistical test for coefficient equality is estimated.     

A convergence approach to the analysis of political corruption: A cross-national study

A convergence approach to the analysis of country-level political corruptionis proposed based on Cohen and Felson's routine activities theory of crimeand Ades and Di Tells's tripartite analysis of corruption. It argues thatalthough structural incentives, risky policies, and the lack of effectiveinstitutional guardians independently contribute to the causation ofcorruption, their convergence in time and space creates opportunities forwidespread and systematic corruption. Structural incentives are stableeconomic and cultural conditions and include economic hardships,particularism, and history of political unaccountability. Risky policiesencompass monopolistic and interventionist practices by the government inthe production, distribution, and consumption of goods and services.Institutional guardians refer to the judiciary, the press, opposition partiesand the civil society that monitor officials' behavior. Data from 99countries and territories are used to evaluate hypotheses derived from thetheory. Findings lend strong support to the proposed formal propositions.It is also suggested that useful schemes for corruption diagnosis and reformcan be developed from the theory.     

Autoerotic death. A definition

A definition of autoerotic death is suggested that restricts the use of this term to accidental deaths that occur during individual, usually solitary, sexual activity in which a device, apparatus, or prop that was employed to enhance the sexual stimulation of the deceased in some way caused unintended death. The case of the autoerotic asphyxial death of a 48-year-old man is reported in order to demonstrate the application of this definition.     

Reporting to the police in western nations: A theoretical analysis of the effects of social context

One of the most consistent findings in empirical studies using victimization data is that the decision to report victimization to the police is determined in large part by the seriousness of the crime. The police will be notified more often of crimes that involve more serious injury or greater monetary loss. These findings, however, may be due to the fact that most studies on reporting have been conducted using victimization surveys that devote a great deal of attention to the crime event and victim characteristics and much less to the social context of that event. As a result, influences on reporting operating at the neighborhood, jurisdiction, or nation level have been neglected. The aim of this paper is to bring social context into the discourse on reporting to the police by presenting a much more inclusive model of crime reporting. In addition, the influence of four aspects of macro-level social context on reporting are tested—the perceived competence of the police, institutionalization of insurance business, norm of conformity, and level of individualism—by merging incident-level data from the International Crime Victims Survey (ICVS) for 16 Western industrialized countries with nation-level data from various sources. Hierarchical logistic modeling is used to analyze the nested data. The perceived competence of the police has a positive effect on whether property crimes are reported.     

A "back door" approach to analysis of ethanol-associated risks and behavior

Ethanol has been detected in the majority of medical examiner cases involving nonnatural death and in a substantial number of natural deaths. The higher the serum alcohol concentration (SAC), the greater were the odds that death was due to external (traumatic) causes. We identified 149 medical examiner cases that were positive for ethanol and negative for 11 major drug of abuse groups, and studied those cases to further clarify ethanol-related risk factors and behaviors. Based on terms of frequency of occurrence, the data identify SACs of 201 mg% to 300 mg% as a particularly high risk factor for sudden, unexpected, traumatic death. Traumatic deaths associated with SACs below 100 mg% were infrequent, and attendant opinions concerning the contributory role of ethanol must be made with circumspection. SACs below 150 mg% could not be used to predict whether or not the decedents had been engaged in active or sedentary behavior prior to death because both situations occurred with equal frequency. At SACs between 151 mg% and 350 mg%, active situations were observed three times as often as sedentary situations. When SACs were 350 mg%, sedentary situations were observed twice as often as active situations. Suicide victims and driver fatalities rarely showed SACs above 350 mg%; therefore finding such SACs in apparent suicidal or driver fatality situations should prompt a thorough investigation to rule out other possibilities.(ABSTRACT TRUNCATED AT 250 WORDS)     

Criminal homicide and the elderly offender: A theoretical and empirical analysis

This paper theoretically develops and empirically tests factors that significantly affect criminal homicide arrest rate patterns in the United States for elderly criminals of the ages 65 years and older, from 1964 to 1985. The analysis reveais that changes in commonly selected economic, demographic, law enforcement, and punishment variables are significantly correlated with elderly criminal homicide arrest rates in a manner consistent with implications from general theoretical models of criminal behavior and with frameworks specifically dealing with criminal homicide.     

Rethinking the IQ-delinquency relationship: A longitudinal analysis of multiple theoretical models

Criminological research has consistently demonstrated a relationship between IQ and delinquency, yet scholars continue to debate the precise mechanisms by which IQ should have an effect on delinquent behavior. Although researchers typically view the IQ-delinquency relationship as a function of “school performance,” additional explanations exist that have yet to be formally tested in conjunction with one another within the same analysis. Using data from the National Longitudinal Survey of Youth (NLSY) we extend existing research by assessing the indirect effect of IQ on delinquency through three intervening processes: school performance, deviant peer pressure, and self-control. The results indicate strong support for the school performance model (especially when linked with self-control), yet considerable evidence exists of an indirect effect of IQ on delinquency through both deviant peer pressure and self-control. The implications for future theoretical development and integration are discussed.     

A novel approach to condom lubricant analysis: In-situ analysis of swabs by FT-Raman Spectroscopy and its effects on DNA analysis

Current methods for the analysis of swabs for condom lubricants require a portion of the swab to be extracted. This requirement causes issues for those who require the swab for DNA extraction. A novel method is presented that facilitates analysis of the swab without the need for extraction. The method was shown to be equivalent to the traditional methods in terms of its sensitivity and discriminating power.The impact of the method on subsequent DNA extraction of swabs was assessed and no detrimental effects were observed.The method was used to conduct a survey of the current market for the supply of condoms in the UK. 90% of the UK condom market consists of condoms lubricated with PDMS.     

A systematic approach to technology transfer

Pouring millions into R&;D with insufficient innovation and paltry returns? One solution: Revamp the process of bringing a product to market by integrating the efforts of technology and marketing personnel.