信用担保机构与商业银行合作问题的探讨

企业信用担保体系的建立和有效运转有赖于商业银行与担保机构的积极配合。信用担保机构和商业银行合作的条件是,政府每年应有一定量的资金用于补偿担保机构的代偿损失,使企业不发生客观违约。当前,我国信用担保机构与商业在合作实践中还面临诸多现实障碍。加强立法和政策导向、明确政府出资责任和建立资信评级制度是发展我国银保合作的基本对策。     

当代银行资本监管理论及其新进展

银行业作为世界上监管最严的行业之一,其资本在保持银行稳健和风险承担方面所起的作用,以及在银行公司治理中所起的作用,使得对银行资本监管尤其重要。为了实现合理和有效的资本监管,银行内部风险资本模型和有效监管当局的审查相结合这种模式将是银行资本监管的趋势,市场约束将处于相对次要的地位。     

老年人精神赡养方法探微

随着老年人口,特别是高龄老年人口的增多,对老年人的精神赡养问题应引起人们的高度重视。为了提高老年人的精神生活质量,本文试图从探访老年人的角度提供一些对老年人精神赡养的方法和技巧。     

Taming the real estate boom in the EU: Pathways to macroprudential (in)action

In the fallout of the 2008 crisis, macroprudential policy has been installed as the policy remedy against future financial instability, a primary focus being developments in the real estate sector. With house prices consistently rising in the EU since 2014, causing alarm among macroprudential supervisory bodies, a core question of EU regulatory governance is how far macroprudential bodies have been capable of bringing about countercyclical actions against the build-up of such vulnerabilities. This paper investigates this question using a novel dataset of macroprudential intensity coded for the 17 EU countries that experienced real estate vulnerabilities post-euro crisis. Specifically, it asks which configuration of conditions account for the (in)capacity of countries to impose stringent countercyclical regulations against housing booms? Using fuzzy set qualitative comparative analysis technics coupled with qualitative analysis of country cases using expert interviews, we find that the absence of political salience of homeownership and the political independence of macroprudential authorities to be crucial conditions that jointly explain countercyclical macroprudential activity. These findings, which show two pathways to action have implications for the capacity of the EU to prevent future crises and future reform of the EU prudential framework.     

携带凶器抢夺研究

我国《刑法》第二百六十七条第二款在学界引起了较为广泛的争议。从该款的立法原意看其存在有必要性,且应以主客观相统一的原则来理解该款的具体内容。实际适用中尚有部分疑难问题。     

Wives are Told: Don't Blame the Bank, Sue Your Solicitor: Royal Bank of Scotland v. Etridge (No. 2) and other appeals [1998] 4 All E.R. 705

This case note considers the Court of Appeal decision in Royal Bank of Scotland v. Etridge (No. 2) and other appeals [1998] 4 All E.R. 705. It concerns the familiar scenario of a wife jointly mortgaging (or providing a guarantee for a mortgage of) the family home in order to secure financial support for a business run by her husband. The House of Lords decision in Barclays Bank v O'Brien [1994] A.C. 180 has given rise to a range of litigation in this area, and the spotlight has now moved from the banks to an examination of the quality of advice given by solicitors. The banks have heeded the warnings in O'Brien and now insist that wives are told to obtain independent legal advice. It will be seen that, following Etridge, if the bank tells the solicitor to give the wife legal advice upon undertaking the transaction, that will be sufficient to protect the bank, notwithstanding that the advice was either inadequate or even not actually given. The onus to ensure that proper advice is given is shifted squarely on to the solicitor. The note concludes that the decision is indicative of the shift of judicial opinion against wives seeking to avoid charges over matrimonial homes and in favour of banks. This revised version was published online in August 2006 with corrections to the Cover Date.     

The Overrepresentation of Juvenile Crime Proportions in Robbery Clearance Statistics

Many, especially casual observers, interpret juvenile arrest statistics to bea measure of crime committed by juveniles. Others argue that clearancestatistics are a more representative index of the relative responsibility ofjuveniles. Using data from the FBI's National Incident-Based ReportingSystem, this paper explores the likelihoods of arrests for juvenile andadult robbery offenders. The findings show that juvenile robbery suspectsare 23% more likely to be arrested than adults, and 32% more likely aftercontrolling for other incident characteristics. Analyses also found anincreased likelihood of arrest in robbery incidents in which (1) the victimwas a juvenile, a female, or white; (2) the offender was white or female;and (3) the victim was injured. The presence of a weapon was not relatedto the likelihood of arrest. The differential influences of specificincident characteristics on the likelihood of arrest for juveniles andadults highlight the underlying biases of law enforcement statistics inassessing the juvenile component of crime.     

The effects of the second Intifada,terrorist acts,and economic changes on adolescent crime rates in Israel: A research note

Designed as a field quasi-experiment, this study analyzes the differences in Jewish adolescent crime rates before and after the inception of the second Intifada (September, 2000). Data covers the years between 1996 and 2003. The study focused on the relationship between the number of terrorist acts, the number of deaths in these acts, economic changes, and crime rates (murder, manslaughter, assault, mugging and robbery and property-related). The findings of the study were analyzed in terms of current theories on the impact of social and security-related stress on adolescents. The results show that the second Intifada has had significant effects on male adolescent crime rates. In particular, the number of terrorist acts was significantly associated with the following offences: assault, robbery, and manslaughter. No significant differences were found for adolescent female crime rates. Economic changes were significantly negatively related both to male adolescent crime for all the offences studied, as well as to property-related female offences.     

军警人员抢劫的法定刑适用问题新论

现行刑法在抢劫罪中规定了冒充军警人员抢劫为加重处罚情节，学界一边倒地认为，军警人员抢劫法益侵害性更大，要实现罪刑相适应就应升格其法定刑，并围绕于此形成了“立法论”和“解释论”。但其前提并不成立，从主观恶性、社会影响和抢劫罪特性只能得出冒充军警人员抢劫的法益侵害性大于军警人员抢劫的结论，现行立法符合罪刑相适应原则。立法并不完全是理论逻辑的演绎，更多是司法经验的类型化，量刑身份加重处罚不应当被泛化。     

资产管理公司面临的道德风险分析

资产管理公司的成立，标志着我国处理国有商业银行的不良资产了一个实质性阶段。但是，资产管理公司的介入可能带来新的风险，其中最突出的是道德风险，因此，如何防范多重道德风险是资产管理公司成功运作的重要因素。