政府行政成本畸高的成因及对策

政府作为社会公共权力的执掌者在为社会提供公共服务的过程中,发生一定的成本支出是必须的,但如果通过权利"缺位"与"越位"进行寻租,偏离为社会服务的轨道,异化为集追求公共利益和自身利益为一身的混合体,则必然导致平庸、无效率和腐败,从而产生严重的社会问题。因此,规范政府运作方式、决策行为,强化外在约束,改革预算管理制度、财经制度,建立严格的审批责任追究制度、违规惩戒制度成为当前行政改革的一项紧迫课题。     

城市房屋强制拆迁中"公权"与"私权"的冲突与和谐

在城市房屋拆迁中,"公权"与"私权"的冲突主要表现在公权中的行政权与私权中的财产权的冲突,即政府行政权力强行介入城市房屋强制拆迁并辅之以地方立法权和司法权的滥用.二者冲突的主要原因在于存在一定利益上的冲突、法律配置上明显不合理以及对"社会公共利益"名义的滥用.公权已严重地侵犯了私权.为了使二者关系由冲突转为和谐,有必要采取有力措施控制公权,保护私权,提升私权在法律中的地位;修改有关强制拆迁的相互抵触的法律条款;对城市房屋强制拆迁规定严格的程序;提高政府强制拆迁行为的成本.     

以合规为核心的企业认罪认罚从宽制度

民营企业家和民营企业在我国的经济发展中发挥着不可替代的作用。最近几年,国家出台的对民企进行刑事司法保护的政策已初见成效。当前,只有及时对民营企业刑事司法保护政策的正当性予以阐释和回应,并将其融入刑事法律制度予以法治化,才能令其从根本上得到社会认同,进而稳定预期、树立信心。对民企的刑事司法保护可以通过刑事诉讼中的认罪认罚从宽制度得以实现。认罪认罚是对民营企业家和民营企业从宽保护的正当基础,合规是企业认罪认罚的高级形式。企业合规为民企刑事司法保护的正当性提供了制度回应：合规不仅有利于预防犯罪,而且有利于调查和惩罚犯罪;以合规为核心的企业认罪认罚从宽制度有利于企业改过自新、合规经营,更好地承担社会责任。     

Navigating a Highly Protected Market: China’s Chery Automobile in Malaysia

ABSTRACT

The economies of Malaysia and China have become increasingly integrated through trading and investment linkages. This article focuses on one aspect of this relationship, examining Chery, a Chinese car maker, and its internationalisation strategy and its localisation efforts in Malaysia. It does this by analysing Chery’s interaction with the host government, local partners and suppliers. Using an in-depth case study, it was found that Chery’s experience in navigating a set of complex state–society relations in Malaysia resulted from an adaptation of its business strategy to address protectionist and institutional constraints found in Malaysia. However, while relations between Chery, the local partner and government agencies have grown strongly, few interactions have evolved between Chery and local suppliers and national research and development facilities, limiting collective learning processes and production collaboration in Malaysia. The evidence also suggests that Chery’s present conundrum of low sales in the country could be solved through negotiations with the Malaysian government so as to evolve mutually beneficial partnerships with national automotive makers. The Malaysian government may also consider easing its protectionist measures to allow more foreign participation into the auto sector to stimulate growth and competitiveness.     

Private Firm CSR,Executive Compensation and Firm Output Performance: Theoretical and Empirical Analysis from the Perspective of the Enterprise’s Actual Decision

Based on the analysis of Chinese private enterprises’ fulfillment of corporate social responsibility,this paper first constructs a theoretical model under the principal-agent framework on CSR,executive compensation and enterprise output performance from the perspective of a firm’s actual decision maker. Then it employs the 2009-2014 panel data of private listed companies to empirically test the theoretical propositions. The empirical results show that: 1） executive compensation is significantly and positively correlated with firm output performance; 2）the relationship between private enterprise corporate social responsibility and firm output performance presents "inverted U-shape"; 3）private enterprise CSR investment will significantly reduce the executive pay-performance sensitivity. This paper raises our awareness of private enterprises’ fulfilling corporate social responsibility, and is of good reference value for the further research on the motivation of private enterprises CSR fulfillment; and at the meantime,it is also a help for corporate executive compensation contract design.     

A new look at equity and outcomes as determinants of satisfaction in close personal relationships

This research reexamined the previously established relation between allocation of resources and satisfaction in close relationships. Using self-report data from two different samples, undergraduate students and married couples, we replicated and extended the procedure employed in past studies to assess the relative strength of equity, equality, and own outcomes as predictors of relationship satisfaction. As expected the two samples differed in the relative strength of the correlates of satisfaction. The married couples revealed different predictors of satisfaction depending upon which of two forms their relationship had taken. Those who reported being in an identity (communal) relationship were most satisfied when they provided high inputs to enhance their partner's outcomes, whereas those in an exchange relation were more responsive to the outcomes they received. The dating students, whether they reported being in an identity or exchange relation, were most satisfied when their own outcomes were maximized. The results also suggested methodological limitations in the earlier studies that had compared the relative association with satisfaction of an unreliable measure of equity with minimal variance and a highly reliable measure of outcomes with considerably greater variance. The previously established strong association between the person's satisfaction and their own outcomes in a close relationship was found to be dependent upon the nature of the sample and the relative reliability of the correlates employed in the regression analyses.     

CARICOM,the CSME,and absolute sovereignty: lessons learnt on the road towards regional integration

As a regional bloc, the Revised Treaty of Chaguaramas (RTC) provides an opportunity for all of its Member States to benefit from regional integration and to better withstand the effects of globalisation. This article examines two recent cases involving Guyana that were litigated before the Caribbean Court of Justice (CCJ) (the 2009 “TCL Case” and 2014 “Rudisa Case”) and discusses several important issues borne out during the cases, whereas also highlighting potential or emergent issues which may emanate from these cases in the future. These cases are analysed with a view to highlighting the important role of the CCJ in interpreting the RTC.     

我国地方财政投融资平台债务风险分析

1994年的分税制改革导致中央财政收入占全国财政收入的比重迅速增加,地方政府在财政收入迅速减少的情况下还要承担大量的事权。在这种财力与事权不匹配的情况下,地方政府只有通过举借债务来完成基本公共产品的提供和基本公共服务的供给。金融危机之后,地方融资平台数量骤增,地方债务数额短期内迅速膨胀,加大了银行信贷风险。因此,防范并化解地方政府债务风险便成为当务之急。     

宪法基本权利的私法效力

我国司法实践中频繁出现非公权力侵犯公民宪法基本权利的案件,这使我们有必要讨论在我国实现宪法基本权利私法效力的必要性、条件和具体模式设计问题。     

东盟国家外资投资的发展趋势

本文论述泰国、马来西亚、印度尼西亚、菲律宾在各个经济发展阶段的外资投资发展趋势、特点的变化，并分析导致这些变化的国内、国际经济背景。