抵押证券制度结构论--以德日抵押证券模式为背景

作为权利与证券相结合的一种形态 ,抵押证券表现为两种类型 :一为德国模式 ;二为日本模式。纵观德日两国抵押证券模式 ,抵押证券在制度结构上分为两部分 :其一为抵押证券的发行 ;其二为抵押证券的交易。抵押证券的发行涉及到抵押证券的交付申请人、抵押不动产的评价等方面内容 ,抵押证券的交易涉及到抵押证券的贩卖方式、抵押证券的流通性确保等方面问题。我国将来如推行抵押证券制度 ,也必然会牵涉到抵押证券这些方面的内容。     

Global Governance,Criminalisation and Environmental Change

This article examines the environmental impact of criminalisation. It argues that developing societies are increasingly drawn into globalised networks that inextricably link the global and local, the legal and illegal. This means that in order to understand the causes of environmental degradation it is no longer useful to focus on the formal institutions and practices of government and business. Instead, this article uses the concept of the shadow state to examine and understand the causes of environmental change in two illustrative cases of Madagascar and Belize.     

How to use Lire le Capital

Abstract

This article contributes to a pragmatist analysis of pricing and valuation through an account of the production of closing prices at the Paris Bourse. The Paris Bourse is an electronic stock exchange and the actors in charge of its technological configuration often need to face concerns about the quality of the prices that the configuration produces. Closing prices are particularly important because they constitute references that circulate widely. The author analyses how a problem of representativeness of closing prices was raised in the late 1990s and how several techniques aimed at solving it. In order to deal with this problem of representativeness, the author proposes the consideration of prices as signs in a pragmatist manner. Adapting Charles S. Peirce's theory of the sign to the study of prices, the author concentrates attention on the material display of prices, on their capacity to stand as traces of some event, and on the way they may suit a set of calculative conventions.     

Labour market risks and political preferences: The case of temporary employment

The political economy literature has gathered compelling evidence that labour market risks shape political preferences. Accordingly, insecurity fuels support for redistribution and left parties. This article analyses this argument for temporary workers, a so far neglected risk category which has increased dramatically in the past two decades. Temporary workers also have been in the focus of recent insider‐outsider debates. Some authors in this line of research have argued that temporary work leads to political disenchantment – for example, non‐instrumental responses such as vote abstention or protest voting. This contradicts risk‐based explanations of political preferences. The article discusses both theoretical perspectives and derives conflicting hypotheses for the empirical analysis of temporary workers' policy and party preferences. The review reveals considerable ambiguity regarding the questions which parties temporary workers can be expected to support and what the underlying motives for party choice are. Synthesising arguments from both perspectives, the article proposes an alternative argument according to which temporary workers are expected to support the ‘new’ left – that is, green and other left‐libertarian parties. It is argued that this party family combines redistributive policies with outsider‐friendly policy design. Using individual‐level data from the European Social Survey for 15 European countries, the article supports this argument by showing that temporary, compared to permanent, workers exhibit higher demand for redistribution and stronger support for the new left. Neither the risk‐based nor the insider‐outsider explanations receive full support. In particular, no signs of political disenchantment of temporary workers can be found. Thus, the findings challenge central claims of the insider‐outsider literature.     

Market structure and disempowering regulatory intermediaries: Insights from U.S. trade surveillance

Public agencies outsource a wide variety of tasks to nonstate actors, or what can be referred to as regulatory intermediaries. In certain circumstances, these agencies may seek to disempower those regulatory intermediaries by reclaiming, duplicating, or transferring the outsourced task. When will these disempowerment attempts be successful? This article presents the Market Structure Hypothesis, which contends that the level of competition between regulatory intermediaries will, all things equal, determine whether disempowerment attempts succeed. To test this hypothesis, this article examines the U.S. Securities and Exchange Commission's attempts to acquire the independent capacity to conduct nationwide trade surveillance in the 1980s (Market Oversight Surveillance System) and 2010s (Consolidated Audit Trail). Evidence derives from archival materials, a Freedom of Information Act Request, and 60 interviews in Oxford, London, Toronto, New York City, and Washington, DC. The empirical results corroborate the hypothesis' expectations, contributing to our understanding of public-private partnerships and shedding new empirical light on an understudied topic of securities regulation.     

How Can the European Union Contribute to a COP-6 Agreement? An Overview for Policy Makers

During the 6th Conference of Parties (COP-6) in The Hague, the Netherlands, November 2000, crucial progress on a number of outstanding issues related to the Kyoto Protocol will have to be made to open the way for its early ratification, if not to save it from complete failure. Given the present lack of internal US political support for the Kyoto Protocol, the EU may play a pivotal role in making the Kyoto Protocol agreement a reality even without initial ratification of the US, if its able to provide sufficient leadership. In this overview article we discuss the main issues under negotiation, the problems of finding agreement and opportunities for the EU to catalyse a compromise agreement at COP-6, building on key scientific papers as included in this issue and discussions at the European Forum on Integrated Environmental Assessment Climate Policy Workshop in Amsterdam. Key elements are the inclusion of sinks, the use of the Kyoto Protocol mechanisms as a supplement to domestic action and the international compliance system. Domestic implementation of climate policy is a major factor for the EU's credibility.     

论我国外贸代理制的“权责均衡化”

外贸代理作为国际上通用的商事代理行为,在我国经过了二十多年的垄断历程。2004年我国放开外贸经营权后,外贸代理业虽遇挑战,但作为一种贸易趋势仍不失魅力。外贸代理法律制度的完善有助于外贸代理业的规范化管理,能有效协调当事人权责关系,促进我国外贸发展。我国外贸代理制度须借鉴国际外贸代理经验,明确外贸代理人的法律地位及职责,实现我国外贸代理制的真正"和谐利益"。     

Latency – Time for lawyers to get up to speed?

While latency issues have always existed in IT systems, it is only in recent years that latency has become a significant focal point for both IT suppliers and customers. This paper will provide an overview as to how latency arises in IT systems, why latency is becoming important across a variety of business sectors and then explores some of the prominent legal issues inherent in contracting for low-latency solutions.     

A Thorny Issue

正Recurring credit crunches in the banking system has exposed problems that require institutional reform China’s banking system suffered another credit crunch at the end of 2013.On December 19,trading in the high-value payment system was extended by an extra half an hour,followed by rumors of breaches of contract among banks.Although relevant departments clarified the rumors,interbank     

人奶交易之公序良俗的法律探析

公序良俗原则由于其不确定性,历来备受争议。近年来兴起的人奶交易又引发了对公序良俗原则的探讨,对公序良俗的反思有利于充实该原则框架体系,完善其实践运用功能。文章试图通过对公序良俗概念及司法适用的法理分析,结合现实条件对人奶交易的公序良俗规范提出有益建议,从而维护社会秩序。