浅谈企业的规范化管理

规范化管理是现代企业管理的重要内容。企业的规范化管理主要有三个步骤:制定规范化管理制度,贯彻执行规范化管理制度,监督、检查贯彻执行情况。     

公司的社会责任－法律责任抑或道德责任

公司是一个经济性组织,应始终将营利放在首位。公司的社会责任理论认识到在实现利益最大化的同时,公司也应兼顾对非股东的利益相关者承担的社会责任,但这仅构成公司的道德责任。公司法中有关公司社会责任的规定,为提倡性规范,即使违反,公司也不因此承担法律责任。     

威廉姆森纵向一体化理论及其对我国企业改革的启示

威廉姆森是美国新制度经济学派的主要代表人物之一。他采取信息分析和经济组织交易成本的比较制度研究方法,并运用于产业组织理论与政策方面的分析中,揭示了企业作为一种治理结构相对于市场失效的各个方面的优势,阐述了产业组织发展的一般性规律及结构决定的原因。威廉姆森的分析对美国产业组织的公共政策产生了积极的影响,对我国产业和企业组织发展具有借鉴意义。     

信息时代商业秘密犯罪治理研究

根据我国刑法对商业秘密的定义,商业秘密具有秘密性、经济性、实用性、管理性等特点.应删去其中有关实用性的表述,实现与TRIPS协议对商业秘密定义的对接.商业秘密的重要性及侵犯商业秘密犯罪形势的严峻性决定了对其刑事保护的必然性.信息时代商业秘密犯罪治理存在诸多现实困境,理应从这些困境出发,完善相关法律规定与制度,建构信息时...     

The struggle for Korea's national rights

This article assesses the role played by Indonesian capitalists in the country's new democratic political system. It takes as its starting point the analysis presented by Richard Robison in his influential 1986 book, Indonesia: The Rise of Capital . Robison saw the authoritarian state as central to capitalist class formation, viewing it as midwife and protector of an emergent business class. Though democratisation was not his primary concern, this analysis made him pessimistic about the prospects of democratic change. Over the intervening years, Indonesia has not only undergone democratisation; its capitalist class has also changed significantly. The article notes elements of continuity in the nature of Indonesian capital (including the continuing weight of politically vulnerable ethnic Chinese business interests) as well as change (including the taking of political office by businesspeople and the strengthening of provincial business). Overall, there is now much greater independence of private capital vis-à-vis the state, even if business-state relations are still characterised by patterns that developed during authoritarian rule, including the clientelist and predatory behaviours that have been the subject of much analysis in post-Suharto Indonesia. A focus on the capitalist class and its enmeshment in state power, in the style pioneered by Robison, thus helps explain continuity between Indonesia's authoritarian past and its new democratic order, especially the continuing ubiquity of corruption and patronage. However, such a focus is less useful in accounting for political change, especially democratisation itself. To explain democratisation we need to broaden our class analytical optic to bring into focus the actions and interests of lower and middle class forces.     

Developers and Speculators: Housing,Ethnic Chinese Business and the Asian Financial Crisis in Malaysia

Housing has played a central role in both the Asian and global financial crises, a decade apart. While there are major differences with respect to these roles, there are also similarities, the most obvious being the links with the banking system. The impact of these crises on the housing sector has been extensively researched, but findings have been overwhelmingly based on aggregate or sector data. Using firm-level data from Malaysia on the Asian financial crisis, this article argues that such findings can yield a distorted picture of what actually occurred in real estate markets where contextual factors played a major role. A study of ethnic Chinese businesses, which dominated the Malaysian housing sector, show that the severe impact was primarily on businesses that were over-leveraged and/or that speculated on housing in the expectation of reaping quick returns. They were small compared to the large property businesses that, though affected, survived. Non-residential real estate continued unaffected, fuelled by manufacturing to meet healthy export demand. This, and a political/economic environment accentuated by affirmative action which drove ethnic Chinese businesses toward real estate development, speaks powerfully to the importance of context in understanding specific housing markets during crises.     

The land question,land grabbing and agriculture in Africa

Abstract

Land grabbing has emerged as a form of production and export of food and biofuels in the Third World by enterprises owned by foreign governments and business entities. Large tracts of land are either leased or sold to these enterprises cheaply by the state, usually with the argument that such land is empty and needs to be put to good use. But land grabbing dates back to colonial times, thus substantially shaping the political economy of such countries as South Africa, Kenya and Zimbabwe. It is therefore fitting at this conjuncture to discuss land grabbing in its holistic and historical context, noting that smallholding agriculture juxtaposed against large scale commercial farming will for a long time define agrarian class struggles, the character of the state and the project of nation building.

Over the last decade or so land distribution in Zimbabwe by the Mugabe government was assumed to be heading for disaster. Recent information, however, reveals that productivity has improved, tobacco exports are improving and smallholders accessing affordable farm input and markets while getting a fair reward for their labour behave no differently from large scale commercial farmers. In the final analysis the issue of equity and poverty elimination needs to be central in addressing the land and agriculture question in Africa.     

违约可得利益损失的确定规则

可得利益是合同法的中心关注,是当事人订立合同的目的所在,对其保护事关当事人交易的积极性和社会整体经济利益的增长,因此各国的违约损害赔偿制度对于可得利益损失普遍给予较高程度的保护。我国合同法等法律虽然明确设定了违约可得利益的概念和规则,但司法实践却表现得较为谨慎、保守甚至是消极,多数法院会因为可得利益损失的不确定性(证据不确定性和计算不确定性)而否定原告的主张。要改变我国法表达与实践脱节的现实困境,需要从程序和实体两方面确立可得利益损失的确定规则,一方面有效降低可得利益损失的证明标准,另一方面对可得利益损失的计算标准加以类型化,以有效保护非违约方的可得利益和期待利益,增强我国违约救济制度的适用性和操作性。     

继承与超越--论俄罗斯联邦民法典中的单一制企业经营权与业务管理权

俄罗斯民法典中的经营权与业务管理权的规定,是对传统国有企业经营权理论的继承,但随着私有化运动的进行,其使用范围也在缩减,形成了在国有企业与私有化以后的公司企业上,企业财产制度解释与建构工具方面的显著区别,这为我国的企业改革提供了一定的参照与启示.