论WTO争端解决中的司法克制思想

起源于GATT争端解决实践中的“司法克制”思想,在WTO时代也得以“衣钵继承”并呈现出新的特色。我国作为WTO的成员,必须深入分析WTO争端解决中保持“司法克制”的原因,从“司法克制”的历史轨迹与现实运作中获得理性启示,籍以善用WTO争端解决机制,为我国的对外贸易保驾护航。     

论警察权力的道德约束机制

警察拥有广泛的执法权，警察执法行为的使用是否正当，直接关系到社会的安危和人民群众的切身利益。加强对警察执法的制约，防止警察执法权力滥用及执法不公和执法腐败等现象的发生是十分必要的。道德约束作为一种重要的权力制约方式，是对警察执法进行制约的最后一道防线。进一步完善警察权力的道德约束机制，不仅能够弥补法律调整的不足，而且对于警察在执法中真正做到依法执法和公正执法有重要意义。     

The immediate impact of the global financial crisis and neo-liberal austerity policies on in-work poverty dynamics in Lithuania

ABSTRACT

The article analyzes the extent and features of in-work poverty in Lithuania in the aftermath of the global economic crisis of 2007–2008. It argues that the significant expansion of the phenomenon during this time period was fostered by neoliberal policies that have been shaping the welfare system in the country for more than two decades. Furthermore, it draws attention to employment conditions and seeks to understand the experiences of those who live in in-work poverty. This article reveals that, during the period investigated, in-work poverty in Lithuania was associated with being a woman, having children, belonging to single-parent household, and being employed in a precarious working environment.     

契约自由与反垄断规制

契约自由是合同法理论与制度的基石。发展市场经济必须弘扬契约自由 ,但同时必须限制契约自由 ,防止由于其被滥用造成对社会整体利益和竞争秩序的破坏。契约自由的滥用会生成垄断 ,障碍竞争 ,因此必然会受到反垄断公共政策及其立法的规制。中国的反垄断立法同时肩负着维护蕴涵于经济民主中的契约自由和防止契约自由滥用的双重使命。     

金融发展理论的理性分析与我国金融体系改革的取向

本文简要分析了金融抑制理论及其非市场性风险、金融深化理论及其假设条件的内在缺陷、金融约束及其政策取向,提出我国金融体系改革的取向应确定以金融深化为改革的终极目标,以金融约束为必要手段。     

Empirical examination of public debt sustainability in African economies: A panel data analysis

This study intends to investigate public debt sustainability across 29 Sub-Sahara African (SSA) economies, employing various econometric specifications, for the sampled years 1996–2020. The study employs Bohn's (Are stationarity and cointegration restrictions really necessary for the intertemporal budget constraint? Journal of monetary Economics, 54(7), pp.1837–1847.) framework of sustainability as the baseline model to assess public debt sustainability across the sampled Sub-Sahara African economies. As additional tests of public debt sustainability in order to support the baseline findings, the study also employs panel unit root and timeseries unit tests. The baseline findings from the OLS, panel quantile and instrumental panel quantile regressions show that public debt is sustainable across the panel of SSA economies. The positive and statistically significant response of primary balance under the Bohn's framework of sustainability manifest that the intertemporal budget constraint is not violated in the sampled economies. The consistency in the estimates under the OLS, panel quantile and instrumental panel quantile regressions also show that the estimates are robust throughout the estimation process. Also, utilizing the panel unit root test for public debt sustainability, the findings show that public debt is stationary over the sampled years which implies that intertemporal budget constraint holds and that public debt is sustainable across the sampled SSA economies. However, the timeseries analysis indicate that although majority of the SSA economies have sustainable public debt ratios, four countries namely Uganda, Sudan, Togo and Cote d'Ivoire have unsustainable public debt ratios. The study has important policy implications in terms of prudent public debt management and fiscal management for the sampled SSA economies.     

Southern Europe and the Eurozone Crisis Negotiations: Preference Formation and Contested Issues

South European countries were severely hit by the eurozone crisis. Adopting the theoretical framework of prospect theory, this article conducts an empirical analysis of the interpretation of the situation by the South European political leaders in terms of gains and losses. After discussing the stances of South European countries vis-à-vis a number of contested issues which emerged during the 2010–2013 negotiations, the article goes on to provide a comparative account of the determinants of national preference formation with respect to the eurozone crisis reforms in Cyprus, Greece, Italy, Malta, Portugal and Spain, paying special attention to the relationship between governments and parliaments.     

Reexamining the Relationship Between Fiscal Stress and Outsourcing

The determinants of outsourcing in local government are widely studied from a variety of frameworks. One concept consistently used to explain local government outsourcing is fiscal condition, with many noting that outsourcing is more likely when a local government’s fiscal condition declines into fiscal stress. Despite the ubiquity of this expectation in the outsourcing literature, several articles reviewed suggest that the findings for this relationship remain uncertain. As a result, the research presented in this article sought to examine and extend what is known about the relationship between fiscal stress and outsourcing in U.S. municipalities. The research includes previous measures of fiscal stress and adds new measures. In addition, it tries to overcome the limited theoretical testing of the relationship between fiscal stress and outsourcing by examining both direct and indirect effects of fiscal stress on outsourcing. It finds that municipalities in the United States that are experiencing fiscal stress are more likely to engage in outsourcing, particularly municipalities that are experiencing fiscal stress and have a positive evaluation of the external market to provide services.     

Fiscal consolidation under electoral risk

The European debt crisis has uncovered serious tension between democratic politics and market pressure in contemporary democracies. This tension arises when governments implement unpopular fiscal consolidation packages in order to raise their macroeconomic credibility among financial investors. Nonetheless, the dominant view in current research is that governments should not find it difficult to balance demands from voters and investors because the economic and political costs of fiscal consolidations are low. This would leave governments with sufficient room to promote fiscal consolidation according to their ideological agenda. This article re‐examines this proposition by studying how the risk of governments to be replaced in office affects the probability and timing of fiscal consolidation policies. The results show that governments associate significant electoral risk with consolidations because electorally vulnerable governments strategically avoid consolidations towards the end of the legislative term in order to minimise electoral punishment. Specifically, the predicted probability of consolidation decreases from 40 per cent after an election to 13 per cent towards the end of the term when the government's margin of victory is small. When the electoral margin is large, the probability of consolidation is roughly stable at around 35 per cent. Electoral concerns are the most important political determinant of consolidations, leaving only a minor role for ideological concerns. Governments, hence, find it more difficult to reconcile political and economic pressures on fiscal policy than previous, influential research implies. The results suggest that existing studies under‐estimate the electoral risk associated with consolidations because they ignore the strategic behaviour that is established in this analysis.     

Fiscal institutions of Brazilian municipal borrowing

In an effort to understand subnational borrowing, this article explores how three Brazilian institutions—the 1988 Constitution which mandates revenue and expenditure assignments among the levels of the federation; the national Law of Fiscal Responsibility, which imposes expenditure and debt limitations on all levels and branches of government; and various borrowing arrangements—affect the municipal borrowing environment. These institutions are examined in light of de Mello's (2001) policy recommendations for strengthening efficiency and fiscal discipline in subnational borrowing. The institutions of Brazilian borrowing were found to have some of de Mello's recommendations, with the new Constitution and the Law of Fiscal Responsibility making progress towards increased fiscal responsibility, but the current borrowing arrangements serving to maintain a controlled system that is not conducive to responsible municipal borrowing. Several recommendations are made to improve the borrowing environment and foster fiscal discipline and efficiency Copyright © 2008 John Wiley & Sons, Ltd.