防范金融衍生业务风险的法律规制研究

面对金融全球化、自由化和市场化进程的不断加快,关注国外金融衍生产品发展的过程、作用及其风险,借鉴其经验和教训,结合我国金融风险现状与趋势,建立我国金融衍生产品的风险管理及法律规制的机制,已成为涉及我国金融衍生产品市场发展的重要课题之一。     

中国海外投资保险法律的地位与模式

中国企业在对外直接投资业务中所面临的非市场风险是建立国内海外投资保险制度的经济依据。中国海外投资保险制度的低位阶和过于原则是制定海外投资保险法的立法理由。国内海外投资保险制度与多边投资担保机制可互相补充，互相配合，二者不是替代关系。中国可考虑建立日本式的单边海外投资保险制度。     

新公共管理理论在我国适用的风险

目前,我国不仅缺乏成功实施新公共管理的基本环境,而且所面临的问题与新公共管理要解决的问题之间也存在着较大差距。在此情形下,盲目引进新公共管理理论存在着较大风险。对于新公共管理理论的借鉴和吸收,必须坚持批判的视角。     

Individual Conceptions of Justice and Their Potential for Explaining Proenvironmental Decision Making

In Germany, community-based climate-protective decisions were measured on micro up to macro levels, and the role justice appraisals play in decision-making was investigated in comparison to responsibility-related and self-centered motives. Results reveal that in the field of carbon dioxide emission, gaps between those who are gaining profits and those who have to suffer from negative side effects are recognized by the community on a national as well as an international level. For gaining behavioral impact, the perception of these gaps needs to be regarded under a moral perspective and considered unjust. These justice appraisals are shown to be stable predictors of climate-protective commitments, even when powerful responsibility-related variables were included in the regression analyses. Self-centered motives proved to be of minor importance.     

Risk, Gender, and Development in the 21st Century

Globalization creates wealth but also financial crises. Although these systemic risks are generated by all participants in the world economy, their costs are disproportionately borne by the poor, especially women, who live in developing nations, with irrevocable damage to their capabilities. Since current reform proposals do not address inequities in the distribution of the costs of financial crises, we suggest changes in the design, implementation, content, and funding of policies that could provide security to women during crises. We argue that our suggestions will not succeed without women's participation in the debate on the reform of international financial architecture.     

少数民族地区政府融资平台:潜在风险与化解思路

少数民族地区政府融资平台的快速扩张,暴露了其潜藏的各种风险。防范与化解潜在风险,促进少数民族地区政府融资平台健康发展的短期措施包括充实融资平台资本金、完善融资平台治理结构、强化融资平台监管等,中长期思路是继续深化分税制财税体制改革并赋予地方政府发债权,以及加快政府职能转变并逐步完善官员绩效考核体系。     

Downbound spiral? Economic grievances,perceived social protection and political distrust

Abstract

Momentous events in Western democracies have brought renewed attention to how various aspects of government-controlled policy outputs and outcomes affect citizens’ trust in politics. Unlike most previous research, this study uses individual-level panel data to test the link between government performance evaluations and political trust. Moreover, it gauges performance in more policy areas than previous research, including key aspects of government-controlled social services as well as a wide range of economic risks. The study finds that evaluations of government performance affect political trust but that the evidence is stronger for evaluations of social protection than for economic risks. Crucially, the analysis suggests that the relationship between performance evaluations and distrust is reciprocal. The relationship may be described as a ‘downbound spiral’ where dissatisfied groups develop distrust, which in turn makes for a more pessimistic interpretation of economic risks and welfare state performance.     

犯罪与风险——风险社会视野下的犯罪治理

风险社会中，犯罪不应再被认为是社会病态现象，而应被视为日常风险产物。因此需要以犯罪接受并改变风险作为引导运行的视角来重新看待犯罪。犯罪运行需要犯罪风险源作为能量为其提供动力。犯罪风险源包括人造风险、发展性风险、人性风险以及激发性风险。犯罪运行的过程也必然要和风险发生各种关系。风险的感知、分配、放大与沟通都会使犯罪呈现不同形态。在风险社会中对犯罪进行治理需要从犯罪运行、犯罪风险源以及犯罪与风险的关系三个方面入手。     

Rethinking Product Liability: A Missing Element in the European Commission's Third Review of the European Product Liability Directive

The paper uses the opportunity afforded by the European Commission's Third Report of the Product Liability Directive to assess the present state of product liability in Europe. It notes that despite the maximal harmonisation character of the Directive there is a risk of divergence between Member States on key issues including the core concept of defectiveness. The Commission seems at times confused (for example, as regards the relationship between defect and fault liability) and more often complacent about the risks of divergence; but this sits uneasily with the espousal of maximal harmonisation. Ultimately there may be a need for a rethinking of product liability to ensure greater clarity as regards the underlying rationale supporting strict liability. This seems unlikely to materialise in the near future and so at the very least the Commission should act to clarify some core concepts that are proving difficult to interpret for the courts.     

Location Efficiency and Mortgage Risks for Low-Income Households

Abstract

Household energy expenditures, especially for transportation, are fairly inelastic. Their effects on low-income households may be significant, due to the potential for energy consumption to displace other types of consumption when energy prices rise. Using accessibility as a proxy for lower transportation costs, we test the hypothesis that low- and moderate-income residents are less likely default when they are located in more accessible places. We find that regional accessibility has almost no effect on risks of default, but local job diversity has moderate mitigating effect.