论公司转投资的法律规制

转投资是公司重要的经营方式之一,但也可能带来负面效应,如资本虚增,控股公司将从属公司作为规避法律、逃避债务的工具,经营者控制公司,债权人或小股东利益受损等。国外立法对转投资的规制措施可分为事前规制与事后规制两类。我国新公司法对转投资的规定较旧公司法有明显进步,但仍存在缺乏转投资披露制度、缺乏相互持股限制和关联公司制度等不足,应进行补充完善。     

功利主义文化和关系文化对温州经济发展的作用

功利主义文化和关系文化是温州商业文化的两大特点。这两种文化特质在温州经济发展的过程中具有重要的作用,它们为温州经济的早期发展积累了大量的物质资本和关系资本,也为温州日后的经济发展奠定了坚实的基础。但是,这两种温州文化却面临着许多的困境和挑战,由功利主义文化引起的市场经济无序和道德混乱,以及由关系文化带来的对外来流动人口的排斥,在很大程度上阻碍了温州经济的发展。温州经济需要转型,而温州文化也同样需要一次新的转型。     

Social pressure, surveillance and community size: Evidence from field experiments on voter turnout

Citizens participate in elections, at least partly, because they perceive voting as a social norm. Norms induce compliance because individuals prefer to avoid enforcement mechanisms—including social sanctions—that can be activated by uncooperative behavior. Public visibility, or surveillance, increases the likelihood of norm-compliant behavior and applies social pressure that impels individuals to act. Some scholars have linked social pressure to community size, advancing the notion that pressure to conform to social norms is heightened in smaller, less populous communities in which citizens interact frequently and where monitoring behavior is less onerous. Others argue that even highly-populated communities can exhibit “small world” properties that cause residents to be sensitive to social pressure. In this paper, I analyze data from a recent field experiment designed to test the impact of social pressure on voting taking interactions with community size into account. The findings I report suggest community size does not moderate the impact of social pressure.     

GHETTOS,THRESHOLDS, AND CRIME: DOES CONCENTRATED POVERTY REALLY HAVE AN ACCELERATING INCREASING EFFECT ON CRIME?*

Theories make varying predictions regarding the functional form of the relationship between neighborhood poverty and crime rates, ranging from a diminishing positive effect, to a linear positive effect, to an exponentially increasing or even threshold effect. Nonetheless, surprisingly little empirical evidence exists testing this functional form. This study estimates the functional form of the relationship between poverty and various types of serious crime in a sample of census tracts for 25 cities, and it finds that a diminishing positive effect most appropriately characterizes this relationship whether estimating the models nonparametrically or parametrically. Only for the crime of murder does some evidence exist of an accelerating effect, although this occurs in the range of 20 to 40 percent in poverty, with a leveling effect on crime beyond this point of very high poverty. Thus, no evidence is found here in support of the postulate of scholars extending William Julius Wilson's (1987) insight that neighborhoods with very high levels of poverty will experience an exponentially higher rate of crime compared with other neighborhoods.     

美国《横向合并指南》的最新修订及启示

美国司法部与联邦贸易委员会于2010年8月联合发布了新版《横向合并指南》,新指南进一步淡化了结构主义色彩,打破了1992年指南所创设的五步分析法,相关市场界定的重要性也被大大降低,指南的制度设计趋向一个事实为基、更富弹性的分析框架。中国应借鉴美国的成熟经验,尽快研究制定横向合并指南,从"反竞争效果认定制度群"、"反竞争效果抗辩制度群"以及"反竞争效果补救制度群"三大方面来把握横向合并指南的内容。中国应注意平衡合并审查制度的确定性与灵活性,加强合并审查中法学与经济学的融合,并积极创建合并案件跟访制度。     

Contextual variation in interdependent policy making: The case of tax competition

Many studies show that policy makers react to the policy choices made in other jurisdictions, but we still know relatively little about the factors driving interdependent policy making, especially about how context shapes interdependence. Theoretical arguments suggest that contextual factors, such as stable institutions and geographic location, explain variation in interdependence. However, there is a lack of empirical research investigating contextual heterogeneity in interdependent policy making, mainly because it cannot be analysed with standard spatial econometric methods. This article introduces multilevel modeling that allows the study of contextual variation in interdependence and illustrates the method with the analysis of uneven tax competition in Switzerland. The findings of fine‐grained data show that cantonal governments compete more strongly with their competitors the closer a unit is located to a metropolis with comprehensive public good provision. The analysis demonstrates that we can better understand the mechanisms of interdependent policy making by studying its contextual drivers.     

The effect of generation and age on turnout to the European Parliament – How turnout will continue to decline in the future

Electoral turnout has been declining at national elections in almost all Western democracies. European Parliament (EP) elections have followed the same trend. We utilize a previously suggested method for separating the effect of generation, age and period and show that a major part of the decline can be attributed to the difference in turnout between pre- and post-baby-boomer generations though there are substantial differences across countries. Age has a curvilinear effect on turnout even when generation is taken into account, but the age composition has remained relatively stable over time. We utilize the estimated coefficients to predict future changes in turnout as a result of the expected shifts in the generational and age compositions over the next 30 years. The results point to a continued decline in turnout to EP elections – especially between the years of 2020 and 2040.     

THE VICTIM–OFFENDER OVERLAP IN CONTEXT: EXAMINING THE ROLE OF NEIGHBORHOOD STREET CULTURE*

Although numerous studies have found a strong relationship between offending and victimization risk, the etiology of this relationship is not well understood. Largely absent from this research is an explicit focus on neighborhood processes. However, theoretical work found in the subculture of violence literature implies that neighborhood street culture may help to account for the etiology of this phenomenon. Specifically, we should expect the magnitude of the victim–offender overlap to vary closely with neighborhood‐based violent conduct norms. This research uses waves 1 and 2 of the Family and Community Health Study (FACHS) to test the empirical validity of these notions. Our results show that the victim–offender overlap is not generalizeable across neighborhood contexts; in fact, it is especially strong in neighborhoods where the street culture predominates, whereas it is significantly weaker in areas where this culture is less prominent. These results indicate that neighborhood‐level cultural processes help to explain the victim–offender overlap, and they may cause this phenomenon to be context specific.     

热处理方法恢复PVC胶带分离缘形态

目的建立一种能有效恢复PVC胶带上变形分离缘原始形态的热处理方法。方法选取3个品牌的PVC胶带作为实验样品,沿宽度方向进行不同程度的拉伸,用水浴加热的方法对变形的分离缘进行处理,通过实验确定加热温度、时间以及对变形的恢复效果。结果基于分离缘宽度测量的变形程度大大缩小,对分离缘的凹凸形态恢复效果良好。结论本文建立的热处理方法,能有效地对PVC胶带上变形的分离缘进行形态恢复,可大大增加整体分离痕迹检验的可行性、结论的准确性及说服力。     

论我国“公务员热”的成因与现实影响

公务员制度的实施是我国人事行政规范化、法制化、科学化的标志。自该制度实施以来,公共职位的竞争日趋激烈。过度的竞争源自于民族文化和经济利益多种因素,这种状况对政府自身和社会既有积极有利的一面:有利于危机意识、竞争意识和成本意识的形成;又会产生消极有害影响:就业的反示范效应与行政成本的激增。