浅谈船舶建造合同的质量担保条款

针对英国伦敦海事仲裁中英国法下船东所提出的交船后船舶质保索赔的实务问题，结合对常用船舶建造格式合同下质量担保条款的分析，并参照英国相关案例，对可能由船厂承担的质保责任和赔偿义务等内容进行了探讨。最后对中国法下船舶超过质保期可能引起的问题进行分析。     

专家契约责任的经济分析

本文是运用经济分析法学的方法,通过引入信息经济学中的信息不对称理论和新制度经济学中的交易成本理论以及利用新古典经济学中的成本———收益分析方法,对专家契约责任问题进行了探讨。本文认为,专家承担有限的告知义务是为了解决专家与顾客之间信息不对称的状况,而面临专家与顾客之间交易成本过高的难题,专家契约责任领域的契约法不得不走向了与侵权法的融合。     

An economic and antitrust analysis of the distribution of medical products

The techniques used to distribute medical products are designed to maximize the manufacturers' profits by charging a relatively low price to hospitals and a relatively high price to other purchasers, such as doctors and nursing homes. This pricing scheme raises complex antitrust problems, including vertical price fixing between the manufacturer and its distributors, price discrimination by the manufacturer, and agreements between the manufacturer and the hospitals restricting the hospitals' ability to resell. This Article examines these antitrust issues.     

Comparing civil law and common law systems for mergers and acquisitions An economic analysis

＂From the economic point of view, common law is more efficient than civil law.＂ Is this recent statement published in an economic report valid for mergers and acquisitions （M＆A）？ The main objective of this paper is to compare the legal performance of M＆A in France and in the United States. The purpose is to quantify the impact of both legal systems on the long-term performance of M＆A transactions. To carry out this research, a specific methodology was developed and the results of which are evaluated. Two legal structures for M＆A transactions were retained： the purchase of shares （share deal）, and the purchase of assets （asset deal）. Each of these acquisition structures was then subdivided into eleven steps composing the process, for example from preliminary information, letter of intent, due diligence, stock or asset purchase agreement, closing, to litigation with formal summons. Performance was then measured by taking into account time, cost, and satisfaction factors. The time factor was broken down into person-days and the number of days, weeks, or months required to complete each step. French and U.S. respondents were asked to fill out a questionnaire with reference to a specific acquisition project. A typical question was for instance： What is your estimate of working days to complete this step （person-days）？ Radar charts were used to compare the mean of each performance factor. In order to check for correlations among the performance factors, an inter-factors analysis （regression） was carried out. The research findings are presented in this paper. Results show that a share deal in France is generally cheaper and participants indicate a significantly greater amount of satisfaction than in the U.S. However, for the time factor, the results vary. The conclusion is that the application of the civil code rather than common law does not reveal substantial differences as far as M＆A transactions are concerned. One reason is that in both France and the U.S. these transactions are carried out following standard procedures in compliance with common contractual practices.     

An analysis of the relationship between being deaf and sexual offending

Abstract

Research demonstrates that deaf offenders are over-represented within the criminal justice system. In addition, those deaf offenders who are incarcerated within prison estates or psychiatric units are predominantly incarcerated for sexual offences. This paper will evaluate the existing literature surrounding the reasons behind this bias. In particular, this review will examine the characteristics of deaf offenders in relation to their personalities, language and brain development and abilities to communicate. This paper will consider proposed associations between mental illness and childhood sexual abuse amongst deaf individuals and later sexual offending. This paper attempts to evidence differences between deaf and hearing offenders in order to explain why more deaf offenders commit sexual crimes than hearing offenders. This paper will conclude that the research is scarce and inconclusive and that current assessments and treatment are potentially inadequate due to the profound difficulties associated with accurately understanding and communicating with the deaf offender.     

An economic analysis of the post World War II decline in the Japanese crime rate

Since the end of World War II there has been a dramatic decrease in reported Japanese crime. Adult arrest rates have fallen steadily since the early 1950s and juvenile arrest rates have fallen since the early 1960s. An economic analysis of crime predicts that crime rates depend upon returns to crime relative to returns in legal pursuits and the certainty and severity of punishment. Regression analysis is used to test this theory using Japanese data. The empirical results indicate that the economic model does not outperform alternative naive models. However, the results are consistent with the hypothesis that increases in returns to legitimate work diminish both adult and juvenile crime. Unemployment affects some adult crimes but has little impact on juvenile crime. The share of the population in poverty has no significant impact on either type of crime. Increases in the certainty of punishment deters adult crime but there is little evidence that increases in either the certainty or the severity of punishment deter juvenile crime. There is weak evidence to support the hypothesis that increases in the severity of adult punishments deter crime.     

The Banco Ambrosiano case: An investigation into the underestimation of the relations between organized and economic crime

Moving from theAmbrosiano case, the paper aims to analyse the links existing between organized crime and economic crime, showing the patterns of relations and highlighting the weaknesses and strengths of both forms of crime as they interact with each other. The paper also underline the peculiarity of such relations in the Italian criminal situation, which is characterised by deep, strong and long-standing connections between organized crime and economic crime. This relation, which has been ignored or at least underestimated for years, has recently started to be partially uncovered and recognised in the investigations concerning the collapse of theAmbrosiano and the death of its president, Roberto Calvi. Further proof has also been provided in other cases, such as the inquiries of the Parliamentary Committee on the Masonic LodgeP2 and the investigations carried out by Sicilian judges on some Mafia families, thanks to the information provided by witnesses belonging to Cosa Nostra.As for Sindona the same people-still just as gready for money-act on my behalf: friends if you pay; enemies if you don't ... (Roberto Calvi).     

An analysis of the relationship between jurors' personal attributes and decision making

Using a survey from a jury simulation study, this study examines the relationship between jurors' personal and social attributes and their decision-making behavior. The hypothesis is examined whether personal attributes and socialization of jurors have any significant effect on their decision-making behavior. The analysis suggests that personal and/or social attributes of jurors have little, if any, impact on their decision-making behavior. Instead, jury instruction and information about the matter appear to be major influence contributors. Additionally, evidence presented during the trial and knowledge of law have significant effects upon how jurors decide cases and give verdicts. Author's Note: Suman Kakar, Ph.D., is associate professor at Florida International University, College of Health and Urban Affairs. She conducts research in the areas of juvenile delinquency, child abuse, family dynamics, minorities, and the prevention of violence. She has published two books,Child Abuse and Delinquency (1996) andCriminal Justice Approaches to Domestic Violence (1998).     

职场性骚扰雇主责任的法经济学分析

职场性骚扰雇主责任就是雇主要为其雇员的性骚扰行为负责任。通过法经济学的分析,对于监督管理者雇员实施的交换型性骚扰雇主承担严格责任;对于敌意环境型性骚扰雇主承担过错责任。这对预防与抑制职场性骚扰更有效率,同时,可以使社会成本降到最低。     

An analysis of the relationship between probation caseloads and property crime rates in California counties

Each year more offenders are sentenced to probation than to any other sanction in the criminal justice system. In spite of the saliency of probation programs, the evidence is mixed concerning their effectiveness. In order to address this important gap in the research, the authors sought to determine if probation was effective in achieving one of its stated goals: protecting public safety. In doing so, they conducted a macro-level analysis, exploring the relationship between probation caseloads and property crime rates in each county in California over a nine-year period. Results from a two-way fixed effects regression model suggested that as probation loads increased, so did crime. While additional research into the effectiveness of probation is clearly needed, the results of the analysis nevertheless indicated that improvements in public safety could be expected if probation caseloads were reduced.     

An analysis of the relationship between the additionality of CDM projects and their contribution to sustainable development

The Clean Development Mechanism (CDM) allows industrialised countries to use credits from greenhouse gas abatement projects in developing countries in order to fulfil their own emission reduction commitments. There has been mounting evidence that the CDM’s ability to fulfil its goals as stipulated by the Kyoto Protocol—contributing to the sustainable development of the host countries and delivering real, measurable and additional emission reductions—is less than satisfactory. In this article, an evaluation is made of CDM projects’ likelihood of being additional by assessing the impact Certified Emission Reductions have on the Internal Rate of Return of the individual projects. In addition, the projects’ sustainable development benefits are assessed by using a multi-criteria analysis. In a final step, the relationship between the projects’ additionality and sustainability contribution is assessed and a trade-off between these two CDM goals is established, revealing a potential inherent conflict in how the current mechanism works. The analysis is based on a systematic evaluation of 40 registered CDM projects in India.     

Examining the relationship between routine activities theory and social disorganization: An analysis of property crime victimization

A property crime victimization survey was conducted of households in both high and tow crime neighborhoods in one southern city. A response rate of 68.5% was obtained. The study tested the premises of both the routine activities and social disorganization theories as they contribute to the likelihood of property crime victimization at the individual level. It was found that routine activities theory explained 28% of the property crime variance in the socially disorganized area (high crime) while only explaining 11% of the same variance in the low crime area. Separate measurements were used to establish the level of social disorganization in the two geographical areas. The beta coefficients reveal that in the high crime area, those most likely to be property crime victims are white, single homeowners who are not at home from 6 p.m. to 11 p.m., who have relatives living in their neighborhoods, and who interact with their neighbors. These findings lend marginal support to the routine activities model.     

Evaluating liaison and diversion schemes: an analysis of health,criminal and economic data

Introduction: Liaison and Diversion (L&D) currently serves 50% of the population of England. L&D relies on modified working practices with key delivery partners, especially the police. Service evaluation data is thus presented from both police and health services. Method: A before and after intervention review of 3 months of operational data of L&D in Cornwall focusing on health, criminal and economic outcomes. Results: After L&D intervention individuals’ contact with the police as either victim or perpetrator reduced significantly. Implications: Preliminary findings suggest that L&D enabled reduced use of police and criminal justice resources. National reporting procedures may be unable to demonstrate the multi-agency impact if criminal justice data are not considered within the outcome data-set. Recommendations echo international observations that specifying outcome measures and the consistent definition of L&D services would enable generalisation of findings.     

八国集团对国际法律秩序的作用和影响——基于权力与制度关系的分析框架

八国集团对国际法律秩序的作用和影响,无远弗届。八国集团的形成,标志着国际权力结构的新安排,也意味着依国际法协调新的国际权力关系的重要性;八国集团成员的国际身份,分力于政府间国际组织的活动、决策及制度建立过程,影响并决定着国际组织的内外法律秩序;八国峰会的议题,在很大程度上已成为确立新的国际法律规范的基础;而八国集团向正式国际组织发展的趋势,更使现有的国际法律秩序面临诸多严峻挑战。     

An analysis of youth crime and employment patterns

This paper investigates the relationships between the employment and the crime decisions of youths. We assume that youths maximize expected utility and we allow divergence betweenex ante andex post time allocations to legal and illegal activities. This gap motivates the exclusion restrictions which allow us to explore feedbacks between criminality and employability. Moreover, by using a panel of individual-level data, we are able to investigate the impact of historical crime and labor-market activities on the current delinquency and employability of juveniles. The measures of the endogeneous variables of our model are dichotomous. Furthermore, our sample is choice-based. Maximum-likelihood procedures which deal with these complications are used in our empirical investigations.