论医疗责任保险——从法律经济学的角度切入

医疗责任保险是从国外引入的一种制度,目的之初在于,将医师的过错责任诱发的巨大风险社会化,以期医师安心于治理病患,而病患通过保险获得相应的保险费用保障自身的权益,缓和较为尖锐的医患关系和社会矛盾。但医疗责任保险发展的现实情况却是极其不理想的,学界对于医疗责任改革已有基本共识,具体设计上却甚少有人提出更为细致的建议。可以从法律经济学这个分析的全新视角,借助成本效益、纳什均衡、博弈的思维进路,以期为医疗责任保险制度的设计另辟蹊径。     

著作权与商标冲突判例检讨

目前,我国司法和执法机关在处理＂在先著作权与在后商标纠纷＂时,采取的是＂保护在先著作权的原则＂。这种司法实践仅仅维护了当下的个别正义,而没有着眼于未来长远的整体效用,不符合法律经济学的财富极大化原则。取而代之应该是＂向前看＂的纠纷解决机制,即事后许可,从而实现利益极大化。     

经管类大学生就业能力培养对策研究——以浙江高校为例

本文通过对浙江省地方高校经管类大学生就业能力的调查研究发现,一方面学生自身缺乏相应的能力,另一方面,学生对就业能力的认知与用人单位实际需求之间尚存在着差异,迫切需要加强对经管类专业大学生就业能力的培养。因此,本文从大学生、高校、企业和政府四个层面提出了相关的对策建议。     

Should Business and Non-Business Accounting be Different? A Comparative Perspective Applied to the French Central Government Accounting Standards

The French General Law of Finances of 2001 introduced a set of accounting standards including an explicit conceptual framework reconciling accrual basis accounting with the specific aspects of accounting for central government activities. This article analyzes this French set of accounting standards from a dualistic perspective that compares both business and non-business accounting. Three different views of accounting for business enterprises are addressed: the wealth-basis (static), the cash-basis, and the accrual-basis (dynamic). A dynamic view of the accrual basis is adapted to the specificities of non-business entities, including governments. The accounting representation is used here to explore further the nature and role of public sector activities within the economic system and their economic and monetary significance.     

An Exploratory Analysis of Fertility Differentials in India

The association between improving economic conditions and declining growth of population has led economists and demographers to hypothesise a direct relationship between indicators of economic development and fertility rates. Using recent National Family Health Survey data and the 1991 Census to explore factors contributing to fertility rates in India, we found that economic variables explain 70 per cent of the interstate variations in India's fertility rates. However, several non-economic variables explain an even greater proportion, for example, indicators of female autonomy explain 84 per cent of the variations. Our analysis demonstrates that to successfully explain Indian fertility rates, models must rely heavily on non-economic variables.     

转变行政管理思路 发展市场经济制度——皖粤黔川稳增长和转方式调结构调研报告

2012年经济增长下行压力加大,各地方采取了积极有效应对措施,实现经济平稳发展。该文根据对皖粤黔川四省的调研,在肯定成绩的同时,也找出了一些存在的困难和问题,并从长期困扰中国社会主义市场经济发展的思维习惯、管理体制、政策法规和运作路径入手,提出转变行政管理思路、改善行政工作方法等对策建议。     

When success is an orphan: informal institutional governance and the EU–Turkey deal

This article traces the role of the EU institutions in the process leading up to the EU–Turkey Action Plan and EU–Turkey Statement. The EU–Turkey deal is the proverbial ‘orphan’ in EU crises management, with none of the key actors and institutions eager to claim ownership. Yet when judged from the perspective of process management, the deal resulted from effective inter-institutional collaboration, which stands in stark contrast to the EU’s handling of the relocation schemes or the Dublin reform. Using insights from the informal governance literature, the article maps the inter-institutional network that managed this process, traces the activities within the network, and determines the effects these had on the final outcome. On an analytical level, the mechanism contains five key elements of informal institutional governance: linking, bridging, shielding, laying out the tracks and creative fixes. The conclusion reflects on the wider applicability and scope conditions of this mechanism.     

The Cultural Logic of Work: Explaining Labour Deployment and Piece-Rate Contracts in Matar Taluka,Gujarat - Parts 1 and 2

This two-part essay seeks to explain why group-based and individual piecework arrangements have become the modal form of payment for a variety of agricultural tasks in central Gujarat, India. Part 1 of the essay reviews New Institutional Economics (NIE) and Marxist Political Economy (MPE) approaches to the labour process, and claims that while the 'efficiency' and 'disciplinary' considerations emphasized by NIE and MPE in their explanations of contractual change are important influences on the labour process, specific institutional outcomes depend heavily on the cultural realities of actors' practices. Part 2 challenges the epistemological assumptions of NIE and MPE narratives, specifically that agents with stable identities perform actions with fixed meanings. Instead, the recent surge in piecework employment must be viewed as part of an ongoing tussle between the dominant Lewa Patel caste and the subordinate Baraiya/Koli caste to alter their relative standings in the social order. Their unceasing attempts to reinvent their group identities have involved shifting understandings of 'work' - with direct implications for labour contracts. As a corrective to NIE and MPE, the essay proposes a semiotic approach to the labour process that bundles the notions of 'social regulation' and 'self-regulation' into the concept of 'work governmentality'.     

Deterrence and Protection in the EU’s Migration Policy

EU migration and asylum policy is facing tough challenges at the southern borders of the Union as migration and asylum pressures rise, fuelled by political instability and poverty in several regions of Asia and Africa. Current European border control practices create three spaces of control: externalised borders, through readmission and return agreements which enrol third countries in border control; the EU borders themselves through the work of Frontex and the development of a whole arsenal of technology tools for controlling mobility to and from the EU; and the Schengen area, whose regulations tend to reinforce deterrence at the borders through the Smart Border System. As a result, the EU’s balancing act between irregular migration control and protection of refugees and human life clearly tips towards the former, even if it pays lip service to the latter. More options for mobility across the Mediterranean and more cooperation for growth are essential ingredients of a sustainable migration management policy on the EU’s southern borders. In addition asylum management could benefit from EU level humanitarian visas issued at countries of origin.     

Admitting a Bad Influence: Contracting the Public Service

Abstract

Emulation of the private sector is a longstanding controversy in public administration, but could it constitute a bad influence, of the kind that parents seek to guard against by scrutinizing their children's peers? Effectiveness provides a perspective on how helpful or harmful private sector influence has been for the public service. The practice of contracting-out under the A-76 process receives particular scrutiny relative to maintaining the effectiveness of public agencies. A second perspective on private sector influence examines, through the theoretical perspective of transaction-cost economics, the promise of cost savings that justified recent acceleration of contracting-out. The author, himself a government contractor, also bases his analysis on personal experience.