对公司承包经营制度的几点思考

公司承包经营制度在实践中大量存在，由于公司承包经营制度违反了公司法的基本原理，严重损害债权人的利益，构成无权处分是违反法律的。但是，我们可以把公司承包经营合同看成财产租赁合同而承认承包经营合同的效力。     

Sustainable Fiscal Policy in a Federal State: The Swiss Example

Using a small theoretical model it is first shown that it is reasonable to limit public deficit and debt in relation to GDP in the long‐run. Then we describe fiscal institutions called ‘debt brakes’ which are designed to prevent public deficit and debt from going off course. We present some models which have been applied in some Swiss cantons, especially in the canton St. Gallen, and the respective institution recently introduced at the federal level. Altogether, the models in the different cantons are quite successful. At the federal level we still have to wait before we can evaluate the results. Finally, we describe how the problem of a possible bail out of cantons and local communities is solved in Switzerland. Taking all results together, we come to the conclusion that by choosing appropriate institutions federal countries are rather more able to perform a sustainable fiscal policy than unitary states. In this process, budgetary restrictions and/or fiscal referenda play prominent roles at all levels. On the other hand, a special stability pact between the different governmental levels does not seem to be necessary.     

Fiscal Federalism and International Capital: The Effects of Fiscal Federalism on Foreign Direct Investment and Sovereign Dept Ratings

Although the study of federalism has become one of the most intensely studied areas in economics and political science, no consensus has emerged on the impact of fiscal federalism on macroeconomic performance. I focus on one specific element of the debate‐ the role of fiscally federal institutions in allowing a country access to international capital markets. In an empirical analysis of 60 countries from 1975‐1995 I find fiscal federalism has no clear impact on inflows of foreign direct investment. In an examination of the impact of federalism on sovereign debt ratings for 40 countries from 1980‐1998, I find that fiscal federalism is associated with lower levels of sovereign debt risk.     

上海八家商业银行提前还贷协议的竞争法分析

据报道 ,今年 4月上旬 ,上海地区的工商、农业、建设、交通等 8家商业银行针对上海市个人住房贷款提前还贷行为达成初步意向 ,将对提前还贷行为收取一定比例的“违约金”,以弥补提前还贷带来的利益损失和约束贷款的提前还贷行为。该行为是合法还是违法 ,一时众说纷纭。文章从竞争法的角度对该行为加以评说 ,并提出相应的法律对策。     

美国次贷危机的再思考

本文以美国次贷危机为大背景,深入探讨其产生的原因及其后果,认为美元为主导的浮动汇率制是导致资产泡沫产生的土壤,以债权衍生品为主导的扩张是系统性风险的直接传递者,而相应监管的缺失导致危机蔓延,其结果必然导致美元危机。依据危机所带来的必然趋势,相应提出了我国应对危机转变增长方式的策略思考。     

论西南少数民族习惯规范中的债

债权关系是与经济形态的发展密切联系的一种法律关系,从西南少数民族习惯规范中的债权关系中分析其习惯规范里的债权债务关系,体现出的债权债务关系正是特定历史时期经济条件的反映,它反映了独特的债权思想,该债权理念的传承不仅对西南少数民族地区现今经济的发展产生重要影响,还会对民族区域自治以及立法产生作用。     

The impact of equal offortunity compliance laws in government contrgcting: the shelby county,tennessee experience

Abstract

Very few researchers have addressed the long‐term financing arrangements of municipal governments in developing countries. No research has evaluated empirically either the elements that affect municipal borrowing in developing countries or what those elements reveal about the municipal credit system. Analyzing Brazilian municipal loan and financial data with a series of simultaneous equations, this paper addresses the following questions: What factors determine municipal government investment levels, borrowing levels, and borrowing prices? What do empirical data reveal about the character of the Brazilian municipal credit system? The results show that investment, borrowing, and borrowing prices are interconnected. Furthermore, while some signs of a market‐based system exist, there is evidence that investment and borrowing decisions are made within an administered market.     

From the Executive Board to the Classroom. What Debt Relief Means for Education in the Democratic Republic of the Congo (DRC)

ABSTRACT

This analysis re-assesses the IMF’s decision to grant debt relief to the DRC in 2010 based on the country’s poverty reduction and growth performance: would the IMF come to the same conclusion given the current knowledge available about the impact of the debt relief process on public governance and service delivery? First, it shows that, whereas the direct resource effect of this aid modality was minimal, the indirect effect was more significant: the conditionalities attached to the process helped to stabilize the economy and increased the overall budget of the Congolese state. This increased resource availability also sustainably percolated to the education sector. Second, however, the impact on social development was minimal: school enrolment increased but was hardly accompanied by extra budget per pupil, whereas more complicated challenges like disparities in access or quality of schooling were left untouched. The government’s strategy was also partly short-circuited by the electoral process.     

THE AUSTRALIAN CHILD SUPPORT AGENCY:

The Australian Child Support Agency is recognized as a world leader in the delivery of child support services. But the rapid growth in debt between 1998 and 2003 signaled a need to develop strategies to counter the growth in owed child support. A Debt Study was undertaken in late 2002 to establish the collectibility of debt by category of cases with debt, search for the most cost-effective methods of debt collection, and determine if other client and debt segmentation methods were warranted. The success of the Debt Study led to the implementation of the Intensive Debt Collection strategy in 2003–04.     

我国国债市场规模问题浅析

由于我国国债发行规模增长较快从而引发了国债依存度以及国债偿债率过高等问题,而对国债发行规模进行增长中的“微调”将是一种较为有效地解决上述问题的政策选择。因为财政支出的更大比重应来自税收而不是国债,所以缩减国债规模就会涉及到税收体制建设等问题。因此,较为现实的选择只能是继续调整国债政策、规范国债市场以及改革税收体制,并进而使国民经济应债能力得以较好释放。