法律经济分析的理论前提

本文从法律与经济有机统一的立场出发 ,运用经济学的基本原理和研究方法 ,特别是将经济学个人行为动机的几个基本假定 :最大化行为、有限理性、稳定偏好、机会主义等 ,作为法律成本效益分析的理论前提加以探究 ,证诸法学理论与实践 ,以求得法学作为一门“科学”的学术自足性。     

Why Is Homeownership Associated With Nonfinancial Benefits? A Path Analysis of Competing Mechanisms

Four mechanisms may underlie a homeownership effect: residential stability, perceived control, social identity, and financial interest. Path analysis of survey data collected from lower-income households suggests that the length of time lived in the dwelling and the participant's sense of control mediate the association of homeownership with civic engagement and health outcomes. The magnitude of this homeownership effect depends upon higher levels of home equity and increases after controlling for single-family detached housing. While much of the homeownership effect remains unexplained, the findings suggest that the nonfinancial benefits of owning a home are influenced by home equity and dwelling type yet are driven by residential stability and perceived control. These mechanisms could be leveraged to benefit renters.     

腐败行为何以能够产生——来自行为经济学研究的解释

为探究个体做出腐败行为的行为经济学原因,以受贿行为为例,设定了若干组收益-损失决策问题作为实验材料,以成年人为被试进行施测并观察其决策倾向。实验结果表明:与收益参数和损失参数都确定的情况相比,当收益参数确定,同时损失时间和概率不确定时,个体会更倾向于选择冒险性方案;与过去的受贿决策中遭受过损失的个体相比,在过去的受贿决策中没有遭受过损失的个体,更有可能在当前的决策情境中选择冒险性方案。因此,为有效遏制个体腐败行为,一是让个体明确意识到一旦受贿将遭受惩罚的程度、时间和概率三者的确定性。二是要加大受贿惩罚力度,让个体在面临受贿情境时作出正确的决策。     

Socio‐economic Considerations in Biosafety and Biotechnology Decision Making: The Cartagena Protocol and National Biosafety Frameworks

Article 26.1 of the Cartagena Protocol on Biosafety left open the possibility for member countries to include in their biosafety regulatory processes the assessment of socio‐economic considerations. Countries may also decide to include such assessments as part of their national legislation or regulations for the approval and deliberate release into the environment of genetically engineered technologies. Countries are debating if and how to implement assessment of socio‐economic considerations. This paper contributes to the ongoing policy dialogue by discussing issues related to socio‐economic assessment including scope, timing, inclusion modalities, methods, decision‐making rules and standards, and the integration of socio‐economic assessments in biosafety and/or biotechnology approval processes. This paper also discusses the implications of such inclusion for technology flows and public and private sector R&D. If inclusion is not done properly, it may negatively impact technology flows especially from the public sector and render an unworkable biosafety system.     

市场极端主义的经济法矫正研究——基于经济法与民商法功能互补的视角

市场极端主义经历了四个阶段的发展。在这些发展阶段中,传统民商法为市场经济的发展与自由市场的形成提供了弥足珍贵的制度支撑,但是无法完全克服市场极端主义带来的种种弊端,这为经济法矫正市场极端主义提供了契机。基于经济法与民商法功能互补的视角而不是二元对立的分析范式,市场极端主义的经济法矫正主要在四个层面发挥作用：一是在制度层面对自由放任的市场经济进行功能性矫正;二是经济法所具有的回应性特质利于其对市场极端主义的克服;三是经济法调整方式的政策性为其克服市场极端主义提供了及时性的便利;四是经济法对平等、真实、公平的分享与发展权利的追求为市场极端主义的经济法矫正机制之建立提供了入口。     

The Emerging Neocommunitarianism

The financial crisis which began in 2007 has been widely interpreted as a crisis of neoliberalism, akin to the crisis of Keynesianism of the 1970s. But there is little sign of a major paradigmatic alternative, either in theory or in practice. This article looks at how the crises and failures of neoliberalism are occurring at a micro‐policy level, where they are interpreted in terms of the fallibility of individual rational choice. Policy responses to this crisis, drawing on more psychologically nuanced accounts of economic behaviour, can be described as ‘neocommunitarian’, inasmuch as they echo the communitarian critique of the liberal self. Where neoliberalism rests on a vision of the individual as atomised and rational, neocommunitarianism treats individuals as governed by social norms and incentives simultaneously. And where neoliberalism subjects individuals to periodic audit organised around targets and outputs, neocommunitarianism conducts a constant audit of behavioural fluctuations in real time.     

PIGS or not? Economic voting in Southern Europe

Economic voting has been little studied in the nations of Southern Europe. Here we examine economic voting in the Southern European countries of Portugal, Italy, Spain, and Greece – the PIGS. Through the analysis of a large, ten European nation survey pool, we establish that economic voting exists in the PIGS, with a strength that significantly exceeds that in non-PIGS of Northern Europe. The explanation for such a difference, we suggest, lies in the generally less complex governing coalitions and the poorer economic performance that characterize these Southern European nations. This relatively greater strength of the economic vote in the PIGS implies their electorates will hold government tightly accountable for management of the ongoing economic crises they face.     

浅析我国知识产权法法制建设——从知识产权的法经济博弈角度

随着科技的日益发展,知识资产的重要性和保护性已经越来越成为人们关注的焦点,知识资产的独占性而产生的经济效益更是无可置疑的,对于知识产权法制保护刚刚起步的我国,如何对知识产权保护力度的定量,是我国未来知识产权法典形成的必要基础,因此对我国知识产权法的法制建设提出几点建议:一是建立限制知识产权滥用的规范性;二是规定具体化;三是善于法经济分析;四是与国际接轨;五是加强和完善特有的知识产权优势。     

NEIGHBORHOOD HOUSING INVESTMENTS AND VIOLENT CRIME IN SEATTLE, 1981–2007*

Despite significant advances in the study of neighborhoods and crime, criminologists have paid surprisingly less attention to the extralocal forces that shape violence. To address this issue, we draw on an emerging body of work that stresses the role of home mortgage lending—a resource secured via interaction with external actors—in reducing neighborhood violence and extend it by addressing concerns that the lending–violence relationship is spurious and confounded by simultaneity. We explore the longitudinal relationship between residential mortgage lending and violence in Seattle with a pooled time series of 118 census tracts over 27 years, and we instrument our endogenous predictors (home mortgage lending and violent crime) with changes in their levels from prior periods. Employing Arellano–Bond difference models, we assess both the effect of mortgage lending on violent crime as well as the effect of violent crime levels on mortgage activity. We find that infusions of home mortgage lending yield reductions in subsequent violent crime; yet the impact of violent crime on subsequent lending is not significant. Results underscore the importance of incorporating external forces such as home mortgage lending into explanations of neighborhood violence.