刑法学复习方法漫谈

2003年国家司法考试中刑法部分的分值为:单项选择题12分,多项选择题20分,不定项选择题8分,案例分析题9分,总分共计49分,刑法学科在司法考试中处于比较重要的地位。 在刑法试题中,刑法总论尤其是犯罪论、罪刑各论仍然占有绝对比重,某些特殊个罪(例如绑架罪,非法拘禁罪,侵占罪,盗窃罪,抢劫罪,信用卡诈骗罪)仍然是常考的内容。纯粹犯罪构成理论的试题(犯罪故意、因果关系等)较往年有所增加,但仍然重视对考生处理案件的实际能力的考察,要求考生在记忆的基础上理解、灵活运用刑法知识。所以,那种认为只需大概熟悉刑法条文就可以通过刑法单科考试的观点是错误的。有时考生即使非常熟悉刑法条文也还不够,只有真正理解法条背后的精神,熟悉刑法学理论才能顺利通过考试。     

论跨国企业集团破产的处理方法——独立实体原则与单一企业原则的争辩

"独立实体原则"与"单一企业原则"是跨国企业集团破产的两种处理方法。"独立实体原则"坚持集团各实体结构独立、责任独立;"单一企业原则"将整个集团看作一体。两种方法在不同类型的跨国企业集团破产中都发挥着自身的作用。     

Managerial influence and CEO performance incentives

We study whether CEO influence is evident in CEO incentive arrangements by examining how the imposition of state anti-takeover laws (ATLs) in the 1980s affected CEO compensation and retention. On balance, we find that CEOs have higher compensation and more job security, and their compensation and retention are less sensitive to stock-based performance after the enactment of ATLs. We also find that CEO compensation and retention are more sensitive to accounting-based performance after ATLs, but the increased sensitivity is attributable to the accruals component of accounting-based performance. Based on prior evidence that CEOs often exercise discretion in measuring accounting-based performance, we interpret our results as evidence that CEOs have strong negotiation power vis-à-vis their corporate boards.     

Managerial incentives and access price regulation

Policy makers have identified the non-discrimination principle as a key instrument to regulate vertically integrated firms in control of upstream bottlenecks. It has been argued that the non-discrimination principle may create a level playing field, but at the expense of higher consumer prices. However, this rests on the assumption that the firms do not respond strategically to the regulation. We show that a non-discrimination requirement makes the vertically integrated firm behave more aggressively. Consequently, non-discrimination regulation rarely creates a level playing field. Neither does it necessarily increase end-user prices. Indeed, we show that end-user prices may fall.      

Child support guidelines and divorce incentives

A child support guideline is a formula used to calculate support payments based on a few family characteristics. Guidelines began replacing court awarded support payments in the late 1970s and early 1980s, and were eventually mandated by the federal government in 1988. Two fundamentally different types of guidelines are used: percentage of obligor income, and income shares models. This paper explores the incentives to divorce under the two schemes, and uses the NLSY data set to test the key predictions. We find that percentage of obligor income models are destabilizing for some families with high incomes. This may explain why several states have converted from obligor to income share models, and it provides a subtle lesson for the no-fault divorce debate.     

Soviet Law and Government

Broad preparations are now under way for the forthcoming elections to the supreme Soviets of the union and autonomous republics and the local Soviets of working people's deputies. As we know, elections will take place on March 3 in the RSFSR, the Ukrainian, Belorussian, Uzbek, Kazakh, Moldavian, Latvian, Tajik and Turkmenian union republics, and on March 17 in the Georgian, Azerbaijan, Lithuanian, Kirgiz, Armenian and Estonian union republics.     

A note on exogenous changes in incentives for and deterrence of corruption

In this note we amend the model elaborated by Acemoglu and Verdier (2000, The American Economic Review, 90(1),194–211), to examine how agents respond to an exogenous change in incentives. In particular, we apply the theoretical framework to the consequences on the corruption level in Italy of a famous sentence of the Italian Corte di Cassazione in plenary session: in this sentence, no. 500 of 1999, a revolutionary interpretation of the law has increased the area of civil liability for both the public administration and bureaucrats. This is one of the few cases in which the judge substantially legislates in a system of civil law, and the modification in incentives towards or away from corruption comes from an authority that is not part of the game.      

The Rights of an Urban Soviet Subordinate to Another Urban Soviet

As a consequence of the reorganization of the soviets in accordance with the production principle, many small towns have been detached from rural districts, and the soviets of these towns have been subordinated to those of larger cities that are directly subordinate to territories and regions. In individual cases, the soviets of the small towns have been placed under district soviets of cities which have district subdivisions. At present some 300 towns have thus been subordinated to others, including 230 in the RSFSR.     

The Soviet Bank for Foreign Trade and Soviet Banks abroad: A note

Economic Change and Restructuring -