State-Owned Enterprises in Less Developed Countries: Privatization and Alternative Reform Strategies

State-owned enterprises (SOEs) have typically played a much larger role in the economies of developing countries than developed countries. However, empirical evidence on the economic performance of SOEs generally yields negative results and suggests that SOEs are a major tax on the economies of developing countries reflected in the large operating subsidies required to sustain them. These inefficiencies seem in part attributable to ownership effects and partly to lack of competition effects. Empirical evidence on the effect of privatization of state-owned enterprises in both developed and developing countries suggests that this is often likely to lead to major improvement in economic performance. However, where privatization is not politically feasible, SOE reform alternatives such as management contracts, performance contracts, and greater exposure to competition may, in some contexts, enhance SOE performance, although typically they are second-best policy options to privatization.     

关于续签集体合同工作的实践和思考

按照全国总工会要求 ,要推进平等协商和集体合同制度实现新突破 ,已经建立集体合同制度的企业就要持之以恒的抓好续签集体合同和落实合同条款的工作。在续签集体合同工作中要把握好五个环节 ,要坚持企业党委对签订集体合同工作的指导 ,从实际出发制定合同条款 ,并对新形势下建立集体合同机制中遇到的新问题进行研究和探索。     

电子商务合同中的若干法律问题

与传统的合同制度比较 ,电子商务合同有不同的特点 ,尤其是在合同的形式、成立及效力等方面。     

The standard of living of widows: Inventories as an indicator of the economic situation of widows

This article examines the standard of living of widows in two rural areas, South West Finland and Central Sweden, in the eighteenth and nineteenth century and among first generation migrants to Stockholm between 1680 and 1750. The principal sources used are the inventories of a person's possessions that were taken after their death, supplemented in the case of the rural populations by retirement contracts (which were not used by urban populations in the Nordic countries). Wealth is measured in three ways: examination of the type and value of the property listed in the inventory, calculating what goods might be purchased with a given inheritance, and a comparison of the inventories of widows with those of married women and with men. A range of factors, it was discovered, determined how much property a widow might own at her death. These factors included her age and whether there were children entitled to a share of the family's property but also the impact of inheritance law which awarded widows a larger share of marital property in towns than in the countryside and included the house which in rural areas was considered to belong to the family and not to any one individual. Analysis of this evidence suggests that the widows of farmers were likely to be economically secure due to the provisions in their retirement contracts which provided them with housing, food and care until their death. The situation of the widows of the landless was considerably more precarious. Some might even have nothing to inherit from their husbands.     

要物合同的意义探源

要物合同在罗马法中是一个非常重要的概念,近现代民法理论因以合同客体区分各种合同,弃它不用了.但即使它现在不再以法律制度的面貌出现,其类型仍大部分保留在了近代以来的民法典之中,且与前述理论所主张的合意是合同的唯一构成要件形成悖反.为理解近现代理论为何还保留具体的要物合同,最好回到其源头求得其真意.     

现代科技革命影响下的公司资源战略

当今世界经济体系在现代科技革命的推动下正发生着人类有史以来最为迅速、广泛而深刻的变化。本文从现代科技革命引起的社会经济变革入手,基于国际采购模式的国家区分理论,分析了利用比较优势和竞争优势对制定公司资源战略的重要理论价值和实际意义。     

韩国银行业市场竞争度的实证分析

韩国金融开放的初始条件与我国有一定的相似性。通过对1996—2005年韩国的银行业市场竞争程度进行度量,我们发现:1.东南亚金融危机对韩国的银行业市场造成了巨大的冲击;2.危机后经过重建的韩国银行业竞争程度明显下降,趋于垄断。韩国已经经历了金融自由化和国际化的阶段,其经验和教训值得正在开放的中国银行业认真借鉴。     

司法竞技、法律诊所与现实主义法学教育——从耶鲁的法律现实主义传统展开

作为法学教育界领袖的耶鲁法学院的崛起绝非偶然,这背后是法学教育理念的变迁轨迹和现实主义法学教育的勃兴。现实主义法学教育是对于兰德尔所创立的案例教学法的批判与修正。其适应了司法竞技主义与对抗式诉讼的需要,是法律人专业化大背景下的一项改革,也是法律职业所面临的道德性与非道德性困局的一种妥协。法律诊所是现实主义法学教育的一个重要载体,契合了学徒式和实践型法学教育模式。相应地,当代美国法学教育的内容、方法、课程设置、师资配备、授课方式等诸多方面发生了重大变革,其背后是理想主义与现实主义之间的抉择。     

危险驾驶罪法律适用刍议

《刑法修正案（八）》把醉酒驾驶和情节恶劣的追逐竞驶行为定性为危险驾驶罪,给予刑法规制。该法案实施以来起到了良好的社会效果。文章分析了该罪的行为类型,并对该罪与相关罪名进行了辨析。     

Party matters: the institutional origins of competitive hegemony in Tanzania

Electoral authoritarianism has emerged as a primary mode of authoritarian rule in the post-Cold War era. It is also a notably heterogeneous phenomenon, in terms of both its impact upon incumbents and the quality of contestation. This article investigates a specific type of electoral authoritarian outcome, a competitive hegemony. In competitive hegemonies regimes are able to dominate elections by large vote margins, but with comparatively much lower levels of electoral fraud and coercion. Using a case study of Tanzania and its ruling party Chama Cha Mapinduzi (CCM), this article argues that distinct investments made under single-party rule into party institutionalization and the incorporation of subsistence-based peasants provided CCM with additional sources of elite cohesion, strong mobilization capacity, and therefore greater stability. The article shows how during multiparty elections elite defection has in fact been minimal, and voting patterns largely coincide with infrastructural investments made as part of Tanzania's socialist development programme, ujamaa. Moreover, while Tanzania's opposition parties have made important strides in recent years in terms of institutionalization, they are still precluded from competing effectively in large portions of the country where demand for new parties is low.