我国银行市场结构与效率:基于动态面板的分析

基于1995-2004年14家国内银行的面板数据，运用动态面板方法实证分析我国银行市场结构（集中度）与效率发现：市场结构动态变化在银行效率的动态变化中有显著的正相关关系，总资产、权益资本与银行效率呈负相关关系，贷款余额与银行效率是正相关关系，而银行存款对银行效率的作用不太明显。再通过面板VAR分析发现，各变量显著性水平都有很大的提高，说明“纯粹”影响显著地提高模型的解释能力，但回归系数都比之前显著减少，同时净利润因为“纯粹”影响的分解，其共线性已经不存在，却显著地影响银行效率。     

论商誉权的法律保护

论商誉权的法律保护朱姝，张少峰随着我国社会主义市场经济体制的建立与完善，现代企业制度的逐步确立，商品生产者和经营者逐渐认识到企业商誉在市场竞争中的地位和作用。但在法学理论研究方面，却还没有对商誉权的法律保护给予充分的重视，所以有必要进行一些探讨。一、...     

改革开放30年中国社会法学的理论贡献

改革开放30年,中国社会法学做出了重要的理论贡献,这些理论贡献主要体现在劳动关系契约化理论、劳动者弱者理论、劳动权范畴论、劳动合同立法论、社会保障制度建构论、劳动争议处理制度改革论和非典型劳动关系规制论等诸多理论层面。     

公司代理制度论略

公司代理制度论略甘培忠公司是企业法人，以公司名义进行商业活动应由有代理权的自然人进行，代理权的存在与效力直接涉及交易的结果。本文通过比较方式探讨了公司法人代表制度，从理论与实践的结合上分析了几种不同情况下的代理关系，并对分公司的代理地位提出了自己的见...     

票据关系与票据基础关系论

票据关系与票据基础关系论韩家勇票据是社会经济活动中进行资金、清算的重要工具，在现代的经济社会里，因各种交易或其它原因所发生的资金收付、汇兑、结算等往往是通过票据来实现的。我国自１９８９年银行结算制度改革以来，汇票、本票、支票这三种票据的使用日趋广泛、...     

改善家族企业内部控制和内部管理的措施

本文通过对家族企业内部控制与公司治理弱化,经营控制权过于集中所导致问题的剖析,阐述了如何完善我国民营企业公司治理结构和内部控制制度、提高企业运作效率和会计信息质量等措施。     

经济法理念发展需要中国哲学思想的推进

长期以来,经济法理念研究处于经济法理论研究的薄弱环节,对经济法理念与中国哲学思想之间的关联性探究更是稀少。由于从哲学等视角指导经济法发展的世界观和方法论的研究不足,经济法难以用理论推进自己的具体制度的完善,进而也导致了理论对实践的脱离。经济法中的以人为本、集中民主、平衡协调等理念是中国哲学中民本论、合分论和中庸论等思想的传承发扬;经济法理念的进一步发展还需要中国哲学思想不断推进,从而推动经济法理念下具体制度的进一步完善。     

浅析附限制性条件中的资产剥离制度

在市场经济的如今,追求利益是经营者的最终目标。作为"经济宪法"的反垄断法面临的一个问题就是如何在提高效率和保护竞争中取得平衡,使得经营者集中尽最大程度的发挥其优势,因此针对经营者集中必须提出相应的限制性条件才能争取实现提高经济效率与保护市场竞争的双赢。资产剥离制度就是附限制性条件的经营者集中重要的一种形式。     

“政绩出官”可持续吗?——挑战晋升锦标赛理论的一个新视角

"晋升锦标赛"理论认为中国已经形成了一种基于经济绩效评估的干部提拔机制。但这一理论不断受到各种挑战。论文结合熊彼特的创新理论从时间维度上拓展了这一理论,认为改革开放后,"晋升锦标赛"作为一种机制创新经历了打破、繁荣、再均衡三个阶段,并收集了1982—2011年中国16个副省级市市长的晋升以及他们在任期间的经济绩效的相关数据对两者的关系进行总时间段和分时间段比较。初步得出以下结论:在1982—2011年总时间范围内,市长经济绩效与晋升之间的关系较为显著。但是,将这30年划分为3个10年的时间段后,市长的经济绩效与晋升之间的关系呈现出从不显著的正相关,到显著的正相关,再到不显著的负相关的趋势。较好地验证了论文从时间维度上对"晋升锦标赛"理论的修正。     

存款保险制度下银行道德风险的法律控制

存款保险制度下的道德风险包括存款人道德风险、银行道德风险、监管机构道德风险,而银行的道德风险是其道德风险问题最集中的体现。因此,在我国即将建立的存款保险制度之际,有必要借鉴美国的立法改革经验,在存款保险制度下,通过让存款人、投保银行和监管者都投入一定资源的法律制度安排,加强对商业银行道德风险的控制,同时还必须通过完善银行治理结构,严格信息披露制度,培育良好的存款保险理念,审慎的监督等其他制度措施与之相配合。     

Bhartṛhari and Maṇḍana on Avidyā

The concept of avidyā is one of the central categories in the Advaita of Śaṇkara and Maṇḍana. Shifting the focus from māyā, interpreted either as illusion or as the divine power, this concept brings ignorance to the forefront in describing duality and bondage. Although all Advaitins accept avidyā as a category, its scope and nature is interpreted in multiple ways. Key elements in Maṇḍana’s philosophy include the plurality of avidyā, individual selves as its substrate and the Brahman as its field (viṣaya), and the distinction in avidyā between non-apprehension and misapprehension. A closer investigation shows that Maṇḍana is directly influenced by Bhartṛhari’s linguistic non-dualism in developing the concept of avidyā. This study also compares other key constituents such as vivartta and pariṇāma that are relevant to the analysis of avidyā. As the concept of counter-image (pratibimba) emerges as a distinct stream of Advaita subsequent to Maṇḍana, this study also compares the application of pratibimba in the writings of Bhartṛhari and Maṇḍana.     

Unraveling the <Emphasis Type="Italic">Kāvyaprakāśa</Emphasis>: Jayadeva Pīyūṣavarṣa’s idiosyncratic sequence of topics in the <Emphasis Type="Italic">Candrāloka</Emphasis>

In his twelfth century alaṃkāraśāstra, the Candrāloka, Jayadeva Pīyūṣavarṣa reverses the sequence of topics found in Mammaṭa’s Kāvyapr-akāśa, an earlier and immensely popular work. With such a structural revisionism, Jayadeva asserts the autonomy of his own work and puts forth an ambitious critique of earlier approaches to literary analysis. Jayadeva investigates the technical and aesthetic components of poetry in the first part of the Candrāloka, prior to his formal semantic investigations in the latter half of the text, thus suggesting that aesthetic evaluations of poetry beneficially inform scientific investigations of language. Jayadeva’s organization of his chapters on the semantic operations, moreover, intimates that the study of suggestive and metaphoric functions of language clarifies our understanding of denotation, which is conventionally understood to be the primary and direct path of verbal designation.     

The Supreme Array Scripture: A New Interpretation of the Title “Gaṇḍavyūha-sūtra”

This article argues for a new interpretation of the Sanskrit compound gaṇḍa-vyūha as it is used in the common title of the Mahāyāna text the Gaṇḍavyūha-Sūtra.The author begins by providing a brief history of the sūtra’s appellations in Chinese and Tibetan sources. Next, the meanings of gaṇḍa (the problematic member of the compound) are explored. The author proposes that contemporary scholars have overlooked a meaning of gaṇḍa occurring in some compounds, wherein gaṇḍa can mean simply “great,” “big” or “massive.” This general sense is particularly common in the compound gaṇda-śaila (a “massive rock” or “boulder”) and is found in such texts as the Bhāgavata Purāṇa, the Harivaṃśa and the Harṣacarita. Following the discussion of Gaṇḍa, the author examines the term vyūha (“array”) as it is used in the Gaṇḍavyūha-sūtra. The article concludes with the suggestion that a more appropriate translation of the Gaṇḍavyūha-sūtra would be “The Supreme array Scripture.”     

Evaluation of six presumptive tests for blood, their specificity, sensitivity, and effect on high molecular-weight DNA

Luminol, leuchomalachite green, phenolphthalein, Hemastix, Hemident, and Bluestar are all used as presumptive tests for blood. In this study, the tests were subjected to dilute blood (from 1:10,000 to 1:10,000,000), many common household substance, and chemicals. Samples were tested for DNA to determine whether the presumptive tests damaged or destroyed DNA. The DNA loci tested were D2S1338 and D19S433. Leuchomalachite green had a sensitivity of 1:10,000, while the remaining tests were able to detect blood to a dilution of 1:100,000. Substances tested include saliva, semen, potato, tomato, tomato sauce, tomato sauce with meat, red onion, red kidney bean, horseradish, 0.1 M ascorbic acid, 5% bleach, 10% cupric sulfate, 10% ferric sulfate, and 10% nickel chloride. Of all the substances tested, not one of the household items reacted with every test; however, the chemicals did. DNA was recovered and amplified from luminol, phenolphthalein, Hemastix, and Bluestar, but not from leuchomalachite green or Hemident.     

Monks Who Have Sex: Pārājika Penance in Indian Buddhist Monasticisms

In the study of Buddhism it is commonly accepted that a monk or nun who commits a pārājika offence is permanently and irrevocably expelled from the Buddhist monastic order. This view is based primarily on readings of the Pāli Vinaya. With the exception of the Pāli Vinaya, however, all other extant Buddhist monastic law codes (Dharmaguptaka, Mahāsāṅghika, Mahīśāsaka, Sarvāstivāda and Mūlasarvāstivāda) contain detailed provisions for monks and nuns who commit pārājikas but nevertheless wish to remain within the saṅgha. These monastics are not expelled. Rather, they are granted a special status known as the śikṣādattaka. In this paper I explore the rules. concerning pārājika penance and the śikṣādattaka with specific regard to monastic celibacy. Given that five out of six extant law codes recognise this remarkable accommodation to the rule of celibacy, I argue that we must look to Vinayas other than the Pāli Vinaya if we are to arrive at a nuanced and representative view of Indian Buddhist monasticism.

Grant me chastity and continence, but not yet. Augustine of Hippo (354–430 C.E.)

     

Family breakdown and the ‘Welfare Child’ in 19th and 20th century Britain

This article traces new cycles of interest in past children as distinct from past childhood. Recent work highlighting that a conceptualisation of childhood existed even in periods with few written records closes the chapter begun by Philippe Ariès in 1960. Instead, there has been a new surge of interest in children on the edges of family life, as well as children in similarly liminal positions between the worlds of adults and children: runaways, delinquents and orphans. Several themes in the literature are identified, based on the conflicting ideas of ‘body/mind’, ‘victim/threat’, ‘needs/rights’. It is noted that researchers are using more imaginative ways of reaching the lived experience of children than the family or institutional framework, and that an increasing link is drawn between historical and modern concerns such as child abuse and the care of ‘at risk’ children.     

Vedic Language and Vaiṣṇava Theology:Madhva’s Use of Nirukta in his Ṛgbhāṣya

This article explores the way in which Madhva (1238–1317), the founder of the Dvaita Vedānta system of Hindu thought, reformulates the traditional exegetic practice of nirukta or “word derivation” to validate his pluralistic, hierarchical, and Vaiṣṇava reading of the Ṛgvedic hymns. Madhva’s Ṛgbhāṣya (RB) is conspicuous for its heavy reliance on and unique deployment of this exegetical tactic to validate several key features of his distinctive theology. These features include his belief in Viṣṇu’s unique possession of all perfect attributes (guṇaparipūrṇatva) and His related conveyability by all Vedic words (sarvaśabdavācyatva). Such an understanding of Vedic language invokes the basic nirukta presupposition that words are eternally affiliated with the meanings they convey. But it is also based onMadhva’s access to a lexicon entitled Vyāsa’s Nirukti with which his critics and perhaps even his commentators seem to be unfamiliar.While the precise status of this text is the subject of ongoing debate, Madhva’s possession of special insight into the sacred canon is established in part by his unique claim to be an avatāra of the wind god Vāyu and a direct disciple of Viṣṇu Himself in the form of Vyāsa₁. Thus, Madhva’s use of nirukta invokes his personal charisma to challenge not only conventional understandings of the hymns but traditional exegetic norms. Madhva’s provision of an alternative tradition of nirukta provoked sectarian debate throughout the Vijayanagara period over the extent to which one could innovate in established practices of reading the Veda. Articulating the Veda’s precise authority was a key feature of Brahmin debates during this period and reflects both the empire’s concern with promoting a shared religious ideology and the competition among rival Brahman sects for imperial patronage that this concern elicited. By looking at how two of Madhva’s most important commentators (the 14^th-century Jayatīrtha and the 17^th-century Rāghavendra) sought to defend his niruktis, this article will explore how notions of normative nirukta were articulated in response to Madhva’s deviations. At the same time, however, examining Madhva’s commentators’ defense of his niruktis also demonstrates the extent to which Madhva actually adhered to selected exegetic norms. This reveals that discomfort with Madhva’s particular methods for deriving words stemmed, in part, from a more general ambivalence towards this exegetical tactic whose inherent open-endedness threatened to undermine the fixity of the canon’s very substance: its language. Vyāsa’s Nirukti is one of several ”unknown sources” cited in Madhva’s commentaries whose exact status continues to be debated. Some scholars (e.g. Rao, Sharma, Siauve) maintain that these texts are part of a now lost Pāṅcarātra tradition that Madhva is attempting to preserve. This may be true for many of these citations. However, in addition to claiming to be both an avatāra of Vāyu and Viṣṇu-as-Vyāsa’s student, Madhva states in several places (e.g., VTN 42, RB 162) that the canon has suffered loss during transmission and that only Viṣṇu can reveal it in its entirety. Thus, it is possible that Madhva intends texts like Vyāsa’s Nirukti to be viewed as part of an ongoing and corrective revelation, a notion that is compatible with many Vaiṣṇava traditions (Halbfass, 1991: 4).     

Policing Outlawed Desire: ‘Homocriminality’ in Beat Spaces in Australia

Drawing on interview data of gay men who have had their behavior in public spaces scrutinised by agents of the law for signs deviance, this article explores the historical characteristics of police animosity towards such conduct in Australia. This entails examining encounters between police and gay men who pursue desire in ‘beat’ (or ‘cottage’ to the use the UK term) spaces. Exploring why these outlaw gay male subjects are so abject and troubling to the law, the discussion documents how law’s desire to regulate gay men plays out in the masquerade of ‘plain-clothes’ agent provocateur operations where police entrap gay men by mimicking gay bodily appearances, gestures and mannerisms. This article also examines how police regulation of gay desire functions as a form of violence that delimits expressions of same sex desire in public spaces. A key theme that underpins the analyses in this paper is that the policing of desire in ‘beat’ spaces helps produce qualities of illicitness and dangerousness and that this, in turn, fuels the circuit of desire at play between gay men and agents of the law.

Interrupting the Myth of the <Emphasis Type="Italic">Partage</Emphasis>: Reflections on Sovereignty and Sacrifice in the work of Nancy,Agamben and Derrida

Agamben traces the bio-political essence of modern politics to the non-sacrificial killing of Homo Sacer in Roman law. Nancy, on the other hand, links the history of Western politics to the fundamental logic of sacrifice in Western metaphysics. He nevertheless contemplates the possibility that Western societies may finally have arrived at the threshold of a non-sacrificial existence. Derrida seeks to resist the sacrificial logic of Western metaphysics and politics, but nevertheless appears to accept it as an irreducible fact of human co-existence. Unlike Nancy, he envisages no actual or actualised beyond beyond the realm of sacrificial metaphysics and politics. He thus can be said to interrupt Nancy’s ‘myth’ of a non-sacrificial partage. This article compares these three philosophical stances in the hope of throwing more light on the role of sacrifice in the law and politics of our time. Professor of Law, Rand Afrikaans University. Conversations with Ann van Sevenant, Carol Clarkson, Louise du Toit, Peter Fitzpatrick, Costas Douzinas and Adam Thurschwell gave impetus to many of the themes developed in this article. Concomitant shortcomings and inaccuracies, as always, are mine.