行政法视角下的行政决策

在我国,行政决策通常属于行政学的研究范畴,其特点表现在主体、目标、对象以及责任承担上。行政决策与法律、政策有着不同的内涵和外延。由于行政决策的作出实质上是公权力的行使,对公众之间的权利义务会产生直接的影响,因此行政决策应当受到行政法之约束,并且应当纳入行政法学的研究范畴。基于自身的多样性,对属于行政行为范畴的行政决策应当以行政法原理进行约束;对目前不能纳入行政行为的可用政策和程序加以规范。     

Fatal thyrotoxic crisis

Graves' disease is a form of hyperthyroidism. A rare complication of Graves' disease is thyrotoxic crisis. Although the crisis is frequently fatal, it is a distinctly unusual cause of sudden death. We investigated the case of a young woman with Graves' disease who died suddenly. Radioimmunoassay tests of thyroid function were used to establish the diagnosis.     

在先无效审查决定对在后决定的约束力

一、案例介绍本案无效宣告请求涉及的是一项实用新型专利权(下称本专利),针对该专利权,无效宣告请求人向专利复审委员会提出无效宣告请求,其理由是本专利不具备专利法第22条规定的新颖性与创造性,并且提交如下对比文件作为证据: 对比文件1是一篇申请日在本专利申请日之前,公开日在本专利申请日之后,且由他人向国家知识产权局专利局提出的专利申请。 对比文件2是一篇公开日早于本专利申请日的实用     

美丽的了断

法律制度出自人的手笔,所以与人的认知能力密不可分。例如,法典化以理性主义为哲学基础,法典崇拜折射出可知论的乐观;诉讼理论从追求“客观真实”转向“法律真实”,则表明人类开始承认自身认识能力的局限。波斯纳在《法律与文学》中认为:法律起源于复仇。在专门的司法机构产生之前,复仇是私人与家族的事务,由于私人复仇导致社会成本过大,逐渐出现了专业复仇机构——司法机关。这种观点给予了一种启示:法律的任务是了断。诸多法律制度验证了这一点:诉讼时效:两审终审;举证责任……这些制度设计都宛如歌曲《当爱已成往事》所唱,“真的该断了过去,让明天好好继续”。生活需要继续,冲突必须消解,所以陈年往事不再     

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.     

Credit,crisis and contract enforcement: evidence from the Spanish loan market

A number of theoretical and empirical studies have shown that the development of credit markets is affected by the efficacy of enforcement institutions. A less explored question in this context is how these institutions interact with turns in the economic cycle and the impact of different types of legal procedures on credit market performance. This paper fills these gaps by analyzing how differences in the availability of credit and the evolution of non-performing loans ratios may be partially explained by regional variations in the quality of loan contract enforcement during recent periods of sustained growth (2001–2007) and recession (since 2008) in the Spanish economy. This research concludes that a rise in the clearance rate of executions (i.e., when a judge enforces the repayment of a debt) increases the ratio of total credit to GDP. However, the declaratory stage of the procedure (i.e., when a debt is firstly verified by a judge) does not seem to be statistically significant. A possible explanation to this finding is that, throughout the economic cycle, a relevant proportion of the defaults that take place are strategic (i.e., defaults by a solvent debtor). Furthermore, it is observed that, in regions where declaratory procedures are more efficient, less credit is declared as non-performing. The latter effect, however, is only observed after the onset of the “Great Recession” in 2008. This may be related to the increase of non-strategic defaults during a downturn.     

Eurozone debt crisis and bond yields convergence: evidence from the new EU countries

The present article examines 10-year bond yields convergence between each of the new EU countries and Germany, including a structural break that embodies the effects of the current sovereign debt crisis in the Eurozone. The analysis is based on a new definition of bond yields convergence that can be interpreted either as strong or weak monetary policy convergence, depending on whether the conditions of uncovered interest-rate parity and ex-ante purchasing power parity hold or are violated, respectively. The empirical results provide evidence of either strong or weak monetary policy convergence to Germany only for five new countries, namely Croatia, the Czech Republic, Lithuania, Romania and Slovakia. In contrast, for the rest of the new EU countries the empirical evidence suggests lack of monetary policy convergence to Germany. The latter result could be probably explained by the increased risk premia in these countries, as a result of the Eurozone sovereign debt crisis.     

一个及时的决定

一、全国人大常委会为什么要制订《决定》。全国人大常委会制订并高票通过《决定》,对于规范司法鉴定行为,保证鉴定结论的公正、可靠和及时,进一步加强鉴定法治建设都具有现实意义和深远影响,这不仅符合主流民意,而且也得到法律界和法学界的充分肯定,这是因为:1、规范司法鉴定的管理是实现司法公正的基本要求。正义与公正是现代国家和社会的普适日标和最高的价值追求,司法公正正是社会公正的重要内涵,而且由于自身的地位和功能,司     

Fraud, banking crisis, and regulatory enforcement: Evidence from micro-level transactions data

Can widespread fraud cause large scale banking crises? We address this issue in the context of the recent Turkish banking crisis of 2000, which was followed by a severe recession and currency crisis. Using detailed micro-level transactions data, we show that related lending and back-to-back loans across banks were used to circumvent regulation and transfer deposits to private holding companies that were ruined. Our evidence suggests that systemic fraud coupled with weak enforcement of conventional regulatory principles can be a source of banking crisis.     

Perspectives on the Liverpool crisis

Conclusion The discussion above remains only one example of a local government responding to the pressures of increasing scarcity in budgetary resources and in several senses increasing policy tasks. In Liverpool's case those increasing tasks have to a considerable extent been self inflicted, as a socialist council pursues policies that fly in the face of national government policy. While budgetary restraint and the response of Liverpool Council have not resulted in major reform, the restrictive nature of central government regulation has led to a major and national debate on the sovereignty of the local as against the national state. To some extent, in Liverpool at least, there has been a cultural reform in the past few years that has produced considerable public support for a series of socialist reactive policies. The style of policy making in the period is affected by an ideologically committed party that for better or worse has accepted a brand of democratic centralism as a vital mechanism to achieve extremely ambitious aims in deleterious circumstances. The success of this brand of politics and policies is unproven. But one thing is certain. Liverpool local politics will remain in the foreseeable future a hotbed of ideological zeal and resistance to central dictat, an ongoing thorn in the side of national monetarist policies and a continuing reminder that localgovernment in Britain still has some life left in it. Unfortunately, the role of the law in all this is capable of being seen as merely repressive, as Parliament passes statutes imposing increasing restrictions upon local authorities and councillors and the courts are called upon to implement them.Assisted by Robina S. Dexter, Current Developments Editor.     

Interactive simulation and crisis management training

This paper explicitly addresses the issue of training for crisis management. In particular, it advances the use of simulation techniques — with two important new elements: interactiveness (decisions taken by participants during the course of the simulation become part of the reality of the exercise for all other participants) and stress (the use of different techniques to put participants under a significant amount of pressure, in order to maximize real-life resemblance). The paper describes the steps to be taken in designing and performing two exemplary exercises: one public-sector crisis (Brixton disorders 1981) and one private-sector crisis (Fodens Company coping with market decline).The paper is commented upon by Kauko Sipponen, Director of the Council of Economic Advisors in Finland.     

应急决策指挥方案优选的灰局势决策

评估优选方案是应急指挥决策活动中的重要环节和内容。分析了应急决策指挥方案的优选问题,为使决策过程不受主观因素的影响,结合应急救援工作的特点,采用灰局势决策方法对方案进行优选。灰局势决策方法通过一系列灰处理过程,得到一个可以评估各应急决策指挥方案的综合效果测度值,以此为标准对应急决策指挥方案进行评估优选。通过实例分析表明,该方法可行、有效、客观,对应急救援过程中的决策指挥具有重要的理论价值和现实指导意义。     

受欺诈行政行为刍议

受欺诈行政行为是指行政主体受行政相对人欺诈陷入错误后作出的具体行政行为。根据其是否直接影响第三人的利益,可以分为有第三人的受欺诈行政行为和无第三人的受欺诈行政行为;根据行政主体工作人员的过失程度,可以分为一般过失的受欺诈行政行为和重大过失的受欺诈行政行为。受欺诈行政行为是无效行政行为。     

Litigation and the medical indemnity crisis

The medical indemnity crisis in Australia forced doctors, lawyers and insurers to re-appraise the way they handle claims for compensation for medical error. This article examines some of the new approaches available in Australia when patients claim compensation from their doctors.