论无需法律的仲裁

仲裁首先是作为一种无需政府强制的纠纷解决机制而起源和存续的,它主要由声誉机制予以实施。无需司法支持的仲裁也不需要司法审查,且提供了逃离无效率法律的途径。市场竞争和声誉机制会迫使仲裁趋向效率和公正,产出有效率的程序与实体规则。仲裁法并非仲裁所必需,无需法律的仲裁能够为社会提供一种自发的、非暴力的、能够同法律相竞争的合作实施机制。此类仲裁的有效运作需要信息的自由流动及破除垄断。现代信息与组织技术的发展,为此类仲裁的有效运作保留甚至开拓了空间。在我国,政府应保障信息自由,放手市场供给仲裁,而非干预规制。既存仲裁机构则应利用现代信息与组织技术创设或加强声誉实施机制,而非过度依赖司法支持。     

In Support of Disciplined Passion

Manuel Eisner (2009) has posed the cynic’s hypothesis to help explain the slippage found between developer-led investigations of preventive interventions and those led by independent evaluators, and he has called for more research on developer self-interest as a possible explanation for this pattern of results. The issue Eisner raises has important implications for the integrity of science and for policy making, but he gives insufficient attention to the challenges of intervention development and effective replication across populations, communities, organizations, and service providers. The challenge he poses needs to be addressed by higher standards for reporting trials, better peer review, improved investigator training, and rigorous, collegial support of those who choose to enter this challenging field, lest we dissuade young investigators from seeking careers that combine their commitment to solve social problems with their commitment to rigorously evaluate their efforts.

Business Development Support and Knowledge-Based Businesses

Knowledge-based businesses are vital to the economic development and revitalization of many regions, especially areas that have experienced a decline in traditional industries. Notwithstanding the importance of KBBs to areas with marginal economies, little is known about the business development support requirements of these firms and the extent to which their support needs are being met. Through the use of a telephone survey, this empirical study investigates the demand-side perspectives and experiences of entrepreneurs in a peripheral region of Canada to determine the types and sources of support used at various stages of business development, and to identify potential support gaps. Findings indicate support used by KBBs differs from more traditional firms and that support needs change as firms move through the life cycle. There appears to be a low level of awareness among firms in the study region of available support services and a perception that support beyond the start-up stage is generally lacking. These findings have important implications for researches and for agencies with a business development support mandate.     

论国家援助的法律规制——从家电下乡计划谈起

国家援助是一把双刃剑,既能提高经济效率、增强社会凝聚力,也可能减损社会福利、激化社会矛盾,因此有必要对其进行法律规制。国家援助必须坚持市场失灵原则、竞争中性原则和透明度原则。除宪法、预算法等法律规范外,还应当建立听证制度、竞争评价制度、绩效评估制度等对国家援助进行规范。