股权分置改革的市场反应研究——以中小企业板为视角

本文以深市中小盘为样本,采用事件研究和回归分析相结合的方法,检验了股权分置改革的市场反应.研究发现,市场对股权分置改革各批次各事件期反应不一,随着时间的推移,市场越来越成熟了;流通股东在中小盘股改中获得了短期利益,非流通股东获得了流通权;流通股东参会率等变量对累计异常报酬率有显著的解释作用.这表明只有非流通股东具有诚意来设计对价方案,流通股东积极参与,才能达到共赢.     

Wickersham to Sutherland to Katzenbach: Evolving an “official” definition for organized crime

The first governmental attempt to study organized crime occurred in 1929–31 under the auspices of the National Commission on Law Observance and Enforcement (the Wickersham Commission). That study is the prelude to a second study, undertaken in 1965–67 by the President's Commission on Law Enforcement and Observance. The circumstances surrounding both studies, their conclusions and dispositions are examined and compared. The theory impact on the latter study of Edwin Sutherland's 1939 creation of white-collar crime is noted. The article concludes by showing how the two studies illuminate competing paradigms that govern current organized crime research. *** DIRECT SUPPORT *** AW502010 00002     

From Protecting to Promoting: Evolving EU Sex Equality Norms in an Organisational Field

This paper builds on a process–oriented approach which examines constitutionalism with respect to both legislation and social practices. Drawing on the institutionalist concept of the organisational field it provides tools for explaining the emergence of the distinct connectedness and isomorphism of European sex equality norms. The paper elucidates the shifting meaning of sex equality in the field of employment on the one hand, as it demonstrates the close ties between sex equality law and the constitutional status of gender norms on the other. Contrary to both the intergovernmentalist and neo–functionalist approaches in European integration studies, the concept of 'institutionalist field' allows for explication of shifting institutional demands that work beyond the rational interests of the nation–state. The field approach thus emphasises the interrelation between legal and political actors and their respective shared cognition which defines what bears meaning.     

货币市场基金法律问题研究

目前我国尚不存在货币市场基金 ,但是未来出现货币市场基金是必然的 ,对未来出现的货币市场基金前瞻性的法律问题进行探讨 ,以期未来的货币市场基金健康发展     

对我国货币市场基金进行法律规范的理论分析

由于我国货币市场基金刚刚起步,因此对于我国货币市场基金进行法律规范是十分必要的,通过对货币市场基金法律规范的理论进行分析,期望未来尽早建立与货币市场基金本身特点相适应的完善的法律规范.     

论CISG在一些国际商事案件中的应用(英文)

本文系作者根据其办理国际商事案的笔记整理撰写,主要涉及《销售公约》的适用、公约与内国法的互动、国际法优先、原《涉外经济合同法》第6条规定的缺陷及其对中国仲裁员的但他们却往往没有意识到的负面影响;作者还希图让同行注意澳大利亚学者Marcus S Jacobs在其专门为中国同行撰写的文章中对《销售公约》适用的见解。     

驳回行政复议申请决定方式研究

驳回行政复议申请决定方式作为行政复议制度的一大创新,它具有一定制度价值,但同时也存在一定的立法缺憾,而对驳回行政复议申请决定的监督除了通过行政路径以外,还应当通过赋予这一决定可诉性的方式以强化对其司法监督。     

以公正高效可预期回应时代要求

从开启新纪元到进入新时代,我们又来到一个新的时间节点。2020年是全面建成小康社会和“十三五”规划收官之年。站在“两个一百年”奋斗目标的历史交汇点上,面临更加复杂的国内外环境,如何从全局高度把握人民司法工作的方向和重点,备受瞩目。最高人民法院党组书记、院长周强近期先后到北京、浙江、江苏、海南等地调研,与地方党政领导、法院干警、人大代表座谈,并围绕中央重大部署,统筹谋划更好地发挥审判职能作用,势力为经济高质量发展、社会安定有序、人民安居乐业提供更高水平的司法服务等主题发表了讲话。这些讲话既明确了2020年审判工作的总基调,也指明了2020年审判工作的新重点。     

Is the Single European Market an Illusion? Obstacles to Reform of EU Takeover Regulation

Abstract Since 1989 the European Commission has attempted to harmonise rules governing EU takeovers as a crucial step towards the integration of Europe's capital markets. The article takes its starting point in the vote in the European Parliament in July 2001, which turned down a proposal for a Takeover Directive. Members of the European Parliament overwhelmingly voted according to national rather than party lines, which is unusual. The article develops an explanation for opposition to the directive, which emphasises differences between national systems of corporate governance. The outcome is asymmetric vulnerability, which means that the likelihood of a company becoming the target of an unwanted takeover bid differs depending on the nature of national incorporation. The article shows how national differences constituted obstacles to real reform within a context of arguments about how to create a level playing field.     

Application of probability of paternity calculations to an alleged incestuous relationship

An alleged case of incest between half siblings has been examined by standard blood grouping and human leukocyte antigen (HLA) serology. The data were analyzed statistically using single and joint possibilities of paternity. The existence of the alleged relationship between the two parties in question is quite probable.     

Efficiency evaluation of a police operation to fight the drug plague: distribution unit weight as an objective index

Lod, a city near Tel-Aviv, is considered the main drug distribution center in Israel. A major police undercover operation in Lod, lasting close to a year, was terminated in May 2003. The success or failure of such an operation is frequently measured by the number of arrests made, the hierarchical level of the dealers arrested, the number of drug stations closed down, and the decrease in heroin seizures following the operation. In this work we suggest using an additional parameter, which has a scientific, objective basis, namely, comparing the changes in the average user weight unit ("dose") before and after the operation. We found that prior to the operation the average weight per unit was 1.1 g. Three months after the operation terminated the average weight per unit had decreased to 0.8 g and remained there for at least 4 months before rising again.     

浅谈小康社会与农村旅游市场的开发

随着小康社会的到来,发展农村旅游,不仅满足了都市人到农村休闲度假的需要,更有利于农村经济实力的壮大。农业旅游品牌一旦形成,将会大大吸引外来投资,成为农村新的经济增长点,最终提高农民的经济收入。因此,要进一步完善农村旅游景区基础设施建设,在现有的基础上对农业资源进行设计、加工和整合,增加必要的服务场所,提高旅游舒适度,建设具有一定影响力的农村旅游景区。     

法律效率量化框架的理论研究——兼论森林采伐限额管理制度对此框架的应用

通过对各个法律效率评价标准进行评述,提出法律成本收益分析法是测算法律效率的可操作的有效标准。在理论上将法律成本进一步分解为法律制定成本与法律实施成本,其中,法律制定成本属于沉没成本,不应纳入法律效率的评价模型之中;法律实施成本包括脱序成本、第二类摩擦成本及失益成本。对于法律收益,提出以法律目标为指引的确定方法。本文同时给出每一类法律成本及收益的具体测度方案,并构建出法律效率量化的理论框架,最终通过森林采伐限额管理制度验证了该理论框架的可操作性,从而使得法律效率评价成为可能。     

Economics of the 96/92 Directive with Reference to Italian Electricity Market Liberalisation Process

This paper contains an economic review of the law regulating the liberalisation process now under way in the Italian electricity sector. The legal framework is presented focusing first on Community rules, in particular Directive 96/92, which provides for common rules for the internal electricity market, and then on the recent Italian implementation decree no. 79 of 1999. The part concerning the law is then connected with a part where the issue of liberalisation of the electricity sector is tackled in economic terms, with special focus on transition from the public monopoly that has characterised the Italian experience for some time, and also on the new interpretation of the traditional theory of natural monopoly. On the base of the legal framework and the economic theories, the features of each components of the electricity sector is finally analysed in terms of competitiveness: in particular, the future market configuration is considered for generation, for transmission, for distribution, and, for the whole market.     

Application of an immunological method to detect trace amounts of dried human semen

An immunological assay based on a monoclonal antibody was used for identification of trace amounts of dried human semen in forensic science evidence. The monoclonal antibody (Mab 4E6) produced recognizes a human sperm-coating antigen which is specific to human seminal plasma. This antigen seems to be a protein secreted by the epithelial cells of the ejaculatory duct, which is stable indefinitely at room temperature. Mab 4E6 reacts positively with semen samples from individuals independently to their ABO group or secretory status, but does not react with semen from bull, ram, boar, horse, rabbit and dog. In the assay system developed, Mab 4E6 can detect human seminal plasma at concentrations of 0.5 micrograms/ml total protein. A similar sensitivity is found when human semen stains are eluted from forensic science samples and tested by the same assay. This method shows a good correlation with the microscopic methods routinely used. The method described is very sensitive and reproducible, it is time saving and special laboratory equipment is not needed.     

关注金融衍生交易的市场风险向法律风险的转化——对中航油、中信泰富事件的反思

金融衍生交易的市场风险与法律风险通常被视为两个完全不同的问题,但对于中国企业,特别是具有国资背景的海外上市公司来说,最大的损失源自金融衍生交易的市场风险向法律风险的转化。它显示了传统的国有企业管理体制与现代金融衍生交易的市场规则、法律规则之间的碰撞。中航油事件与中信泰富事件所揭示出的这一风险转化过程,为观察金融衍生交易的法律风险提供了一个新的视角。     

Corporate Governance in Spain (with an Application of the Power Indices Approach)

This paper describes the governance system of Spanish listed firms in the early 1990's. Although the institutional setting of the Spanish Stock Exchanges differs little from other European national markets, we found important differences in several aspects of corporate governance. In particular, some of the standard mechanisms of control (e.g. boards and institutional shareholders) do not play an active role, whereas ownership is relatively concentrated. Moreover, power indices suggest that controlling blocs of large shareholders are very likely to form. We thus conclude that the ownership of shares is a pivotal mechanism in the governance of Spanish corporations.     

How to Develop More Effective Policies Against Crime: Some Reflections on Drugs and Crime Research in an International Context

This paper offers some reflections on how to develop more effective policies against crime, drawing on more than 10 years of research experience on the international drug problem. The paper begins by trying to illustrate the so-called justice gap in the world, and explain why an institution such as the United Nations has a comparative advantage in closing that gap. It then details four lessons that the author has learnt from his own personal experience as head of research in the United Nations International Drug Control Programme, now called the United Nations Office on Drugs and Crime: (i) measure, count, and keep counting; (ii) publish or perish, either in inter-governmental default, or in public hysteria; (iii) limit the dangers of committing the euphemistic fallacy; and (iv) divorce research and policy, because research is policy-dependent; make research policy-relevant, and re-marry it to policy. Finally, the paper tries to show how these lessons can be applied in related areas and used as good practice in research on crime.