论行政许可的优化使用——从法经济学角度进行分析

目前我国立法和政策仅提出行政许可优化使用的总体原则。由于该原则过于抽象或模糊,很难在实践中准确实施。从法经济学角度进行分析,市场机制的"失灵"问题包括信息问题和外部性问题。行政许可较市场自我救济、私法救济、信息监管和事后标准四种措施来解决该问题的同时具有优点和缺点。我国行政许可法的规定存在不足,应该改进。     

Evaluation of structured cognitive–behavioural treatment programmes in reducing criminal recidivism

This paper reports the outcome of a 17-month follow-up of structured, community-based, offence-focused, intervention programmes designed to reduce rates of re-conviction amongst adjudicated offenders under probation supervision. Three separate programmes were examined, all derived from a cognitive social learning model of risk factors for repeated involvement in crime. Using a quasi-experimental design, the study compared male offenders who had completed programmes (n = 215) with a non-completion group (n = 181), a group allocated to programmes but who had not commenced them (n = 339), and a control sample (n = 194) not allocated to the programmes. Outcome data analysis employed (a) an “intent to treat” between-group comparison, (b) “treatment received” methodology. In order to take account of selection bias, data were further analysed using instrumental variables and propensity scores; results suggested a possible treatment effect for moderate and higher-risk cases. Factors influencing different interpretations of these findings were considered.

公共行政学的起源、演进与现代性困惑——基于制度经济学的解释

公共行政学发生的内在动力源于寻求制度理性,以规避资源有限与人类欲望无限悖论下＂合成的谬误＂,寻求理性与美国进步时代的外在压力促使了公共行政学的发生,寻求秩序的理性贯穿于公共行政的整个历史进程。将技术理性与公共行政的结合视为建构美好未来的途径致使人们遭遇了现代性的困境,如何探求宏大的科学理性是未来公共行政学研究的方向。     

律师行业利益冲突成因理论初探

伴随着国家经济的发展和法治建设的不断深化,律师行业利益冲突问题越来越普遍,其影响范围也日趋扩大.基于以上背景,从理论成因的角度通过两条路径对这一问题进行讨论:运用法学基本理论分析律师行业利益冲突问题的主要困境;运用法经济学的原理从成因上对律师行业利益冲突进行探讨,以寻求解决利益冲突的有效方案.     

双“帐户”视角下农村土地承包经营纠纷的个体诉讼决策研究——以集体林地纠纷诉讼为例

引进“经济学帐户”和“心理帐户”决策原则，以集体林地承包经营纠纷诉讼案件为例，分析农村土地承包经营纠纷中个体诉讼者的决策依据，并探索是否可以通过改变决策者决策原则以减少诉讼的发生。结果显示：绝大多数个体诉讼决策者以“经济学帐户”作为决策依据，但也存在根据“心理帐户”原则进行决策的决策者。针对后一类决策，理论上可通过说服个体决策者改变其心理帐户设置，从而改变其“诉讼”决策为“和解”从而降低诉讼发生率，但实践中受到纠纷诉讼对象与现有纠纷调处机制的影响，个体纠纷诉讼决策者与经济组织和其他个体间的纠纷存在和解空间，但难以改变与村委会间的纠纷诉讼决策。     

Gender,risk and the Wall Street Alpha Male

From the outset, analyses of the 2008 financial crisis, in mainstream as well as feminist discussions, have been gendered. In particular, rampant risk taking in an unregulated environment, widely deemed to be a principle cause of the crash, has been associated with masculine characteristics. In this article, I explore how the concepts of gender and risk entwine in two films on the financial crisis – The Other Guys and Margin Call. By looking at how gender is used to dramatise financial risk, I explore how understandings of high-risk behaviour are gendered, and the implications this has in the context of finance. Fictional representations mediate public understanding of this notoriously complex field as the number of films and documentaries on the crisis demonstrates. Exploring how gender is used to communicate risk reminds us that risk taking is part of a performance of masculinity that needs to be established by constructing a feminine, risk-averse other. The contention of this paper is that, to address gender bias in finance and the economy, gendered meanings of risk need to be openly challenged, and cultural and material analyses of gendered inequality brought into dialogue.     

Do intergovernmental transfers affect the distribution of manufacturing production across regions in federal countries? Theory and evidence for Argentina

The effect of changes in the distribution of top-to-bottom intergovernmental transfers on the location of manufacturing production is analysed using a modified version of the footloose capital model. An increase in the share of transfers received by a region increases its share of manufacturing production the larger are transaction costs; the larger is the share of transfers going directly to consumers; the larger is the share of manufacturing consumption vis-à-vis non-tradable consumption; and the easier consumers can substitute among manufacturing varieties. Using data for Argentina for 1983-2005, the empirical analysis appears to support the existence of two distinctive regimes, with smaller/poorer provinces benefiting in terms of the location of manufacturing production as a response to an increase in transfers. Also, for these provinces, the benefits are greater if they are politically aligned with the federal government, especially through the receipt of discretionary transfers. For large/rich provinces, the evidence is less conclusive.     

Contracting in local public organizations: the institutional economics perspective

The institutional economics is one of the approaches to explain the utility of contracting of local public service provision. This paper described and critiqued the assumptions underlying institutional economics as it is used in organization theories. It also explains whether and why these assumptions hold in public sector organizations. Finally, it discusses implications from the institutional economics approach for the local agency. Local agencies taking new institutional economics perspective as the basis for its contracting decisions should take transaction risks and information asymmetry into account. Copyright © 2014 John Wiley & Sons, Ltd.     

中国经济挑战制度经济学?

中国经过20几年的改革实践,GDP以年均超过9%的速度增长,但中国法治与产权保护还很欠缺,这似乎在一些方面挑战现存的制度经济学。制度经济学关注的核心是产权保护与合约执行机制。其实,中国经济在制度资本欠缺的情况下仍能增长的一个重要原因在于其增长所依赖的行业。这就是制造业和服务业的发展对制度环境有着截然不同的制度要求。中国改革实践不但没有挑战制度经济学的核心命题,反倒证实了制度经济学的指导意义。     

Toward an integration of economic and sociological approaches?

This article answers the question whether sociology of law and law and economics can be unificd into one integrated science. First, it is argued that an integration process inside law and economics has taken place, integrating most schools and partial analyses into one mainstream law and economics. Second, it is argued that there are no natural barriers against an integration of sociology and economics. Purely economic theories cannot and do not exist. What is calledeconomic analysis of law is basically a mixture of, for instance, 70 percent economics, 10 percent sociology, 10 percent psychology, and 10 percent other sciences. In addition, there is no such a thing as a purely sociological concept; concepts are sociological only in the sense that they are invented by people who call themselves sociologists.Nevertheless one should not expect that such a richer social science will lead to fundamentally different predictions and policy recommendations than those derived from the current simplistic economic analysis of law. The aspects studied by sociologists but assumed away by legal economists to date have in most cases no influence on the determination of (optimal) legal rules or on the long-run effects of legal rules.