试论渎职犯罪中直接经济损失与间接经济损失的司法认定

渎职犯罪的多个罪名中直接经济损失、间接经济损失直接影响法律责任的认定,因此经济损失的认定成为检察机关反渎职侵权部门应用《立案标准》、查办案件过程中必须予以先期解决的问题。本文拟对实务中涉及的几个问题进行探讨、梳理,以期助益于工作。     

International Mediation and Social Networks: The Importance of Indirect Ties

This study extends the previous literature on actors' incentives in conflict management by examining how direct and indirect links between fighting parties influence the prospects for mediation onset from a social network perspective. The paper argues, contrary to existing research, that direct links, i.e., bilateral ties between warring parties, do not notably increase the likelihood of mediation. Rather, indirect links, i.e., ties that connect two states via one or more than one third party to each other, are more likely to determine whether a conflict sees mediation. Although direct links can indicate mutual interests, shared preferences, and decreased uncertainty between the warring parties, these ties either lose importance or become cut off when states enter a conflict. By contrast, indirect ties create a social network that involves outside parties in the dispute process, and indirect ties increase the exchange of information between belligerents and potential mediators and the chances that third parties will have a vital interest in intervention. My empirical analysis using conflict and social network data in 1946–1995 provides strong support for the theory.     

Coercive Assets? Foreign Direct Investment and the Use of Economic Sanctions

How does foreign direct investment (FDI) affect the use of economic coercion? This article argues that while FDI matters, the effect depends on the entry mode of the FDI. The economic interdependence created by FDI does not have a monotonic effect on economic statecraft because the relative costs incurred by economic disruption differ depending on the forms of foreign investment. In particular, the FDI that creates wholly-owned subsidiaries (for example, cross-border mergers and aquisitions) imposes greater costs to the sender's firms than cross-border joint ventures with local partners, while FDI through joint ventures incurs greater costs for the host than the home country and its firms. By utilizing US sanction episodes from the Threat and Imposition of Economic Sanctions (TIES) dataset, the empirical analysis supports the argument. The results show that economic sanctions are less likely to occur as the share of FDI through cross-border mergers and acquisitions increases.     

Conditional on Conditionality: IMF Program Design and Foreign Direct Investment

The article explores how International Monetary Fund (IMF) program design influences foreign direct investment inflows. The author argues that stricter IMF conditionality signals a program-participating government's commitment to economic reforms, as it incurs larger ex ante political cost and risks greater ex post political cost. Thus, the catalytic effect of an IMF program is conditional on conditionality: programs with stricter conditions catalyze more foreign direct investment than those with less stringent conditions. Empirical analysis of the IMF conditionality dataset supports the argument and shows that after accounting for IMF program participation, the more structural conditions included in an IMF program, the more foreign direct investment flows into the country.     

Chinese and Japanese investment in Southeast and South Asia: case studies of the electronics and automobile industries

Abstract

This article uses extensive fieldwork data to focus on the question of how Chinese and Japanese companies are competing in neighboring countries of Asia, and what economic forces will shape their future growth in the region. It begins by briefly discussing the history of Chinese and Japanese investment in the South and Southeast Asian regions. It traces the development of Japanese overseas investment policies, as well as China's more recent ‘Going Out’ government program to encourage overseas flows of capital. It then builds on prior political economy work as it uses case study focuses, with primary data based on the author's fieldwork research in several nations of Southeast Asia and in India, of the two key sectors of automobiles and electronics. It compares and contrasts the investment strategies of companies from each country, as well as the successes and failures of investments in the industries. It finds that Japanese companies’ advantages lie in industries utilizing advanced technology and management skills. Though the Japanese continue to lead in many areas, including automobiles, they have begun to face competition and potentially reduced profits in vital manufacturing areas. Meanwhile, Chinese overseas companies have made significant advances in the consumer electronics sector, using low prices and good quality, though overseas automobile investments have gained little traction. The article concludes that, if the Chinese can improve their product quality, capitalize on improving managerial skills and a deeper level of experience in the region, and establish brands they can sell with reliable distribution networks, Japanese companies could face losses to their Asian neighbor in these important parts of the continent they have dominated for decades.     

Innovation and growth in traditional agriculture of the lower Volta,Ghana

This article addresses the important question of whether foreign direct investment enhances economic growth and labour productivity in Mexico, both from a theoretical and empirical perspective. After briefly reviewing the Mexican experience with net FDI inflows during the 1990s, the article presents a simple endogenous growth model which explicitly incorporates any positive (negative) externalities generated by additions to the foreign capital stock. Using cointegration analysis, the article estimates a dynamic labour productivity function for the 1960-95 period that includes the impact of the growth rate in the stocks of both private and foreign capital (as opposed to the flows) and the economically active population (EAP) (rather than the rate of population growth). The error correction model (ECM) estimates suggest that increases in both private ad (lagged) foreign investment spending, as well as the rate of growth in exports, have a positive and economically significant effect on the rate of labour productivity growth. In addition, the results show that increases in the EAP have a negative and statistically significant effect on the rate of labour productivity growth, while changes in the government consumption variable have a negative but marginally significant impact. The error correction terms of the estimated models are negative and statistically significant, thus suggesting that deviations of actual labour productivity growth from its long-run value are corrected in subsequent periods. Finally the article generates historical simulations from the estimated ECM's and offers some policy recommendations to enhance the positive externalities associated with FDI inflows.     

Response to Herman and Chomsky

Under what conditions can political elites influence elections to favor their preferred policy outcomes by strategically crafting the language printed on the ballot? Drawing on psychological and political theories of voter cognition, we design a survey experiment to assess the degree to which ballot text can influence voter behavior in direct democracy elections and identify factors that may moderate such effects. We show that the language used to describe a ballot measure does indeed have the potential to affect election outcomes, including measures dealing with contentious social issues affecting individual rights. We also find, however, that exposing individuals to basic campaign information—in our case, endorsements from prominent interest groups—greatly attenuates the framing effects of ballot text. Our results suggest that the extent to which ballot text matters depends on the vibrancy of the campaign environment and other information available to voters.     

High‐Throughput STR Analysis for DNA Database Using Direct PCR,

Since the Korean criminal DNA database was launched in 2010, we have focused on establishing an automated DNA database profiling system that analyzes short tandem repeat loci in a high‐throughput and cost‐effective manner. We established a DNA database profiling system without DNA purification using a direct PCR buffer system. The quality of direct PCR procedures was compared with that of conventional PCR system under their respective optimized conditions. The results revealed not only perfect concordance but also an excellent PCR success rate, good electropherogram quality, and an optimal intra/inter‐loci peak height ratio. In particular, the proportion of DNA extraction required due to direct PCR failure could be minimized to <3%. In conclusion, the newly developed direct PCR system can be adopted for automated DNA database profiling systems to replace or supplement conventional PCR system in a time‐ and cost‐saving manner.     

Optimizing Accu Time‐of‐Flight/Direct Analysis in Real Time for Explosive Residue Analysis

The use of a direct analysis in real time (DART) mass spectrometer (MS) instrument was optimized for 22 compounds of organic explosive residues to provide a guide for DART‐MS users in rapid screening of explosive compounds. Samples were introduced as neat solutions and sequential dilutions to determine optimal instrument conditions and lowest concentration detectable. Most compounds were optimized to 250°C in the negative ion mode, and several compounds benefited from the addition of a chloride dopant from methylene chloride (amino‐dinitrotoluenes, RDX, EGDN, and PETN). Few compounds were more sensitive in the positive ion mode (TEGDN, DEGDN, HNS, and DMNB). Mixtures of compounds were detected using clean room wipes, directly from their surfaces and from subsequent extractions. Compounds from the mixtures were also successfully detected in soil and from swipes of spiked surfaces. The instrument showed merit in detection of pg/μL solutions for most of the compounds and among the substrates tested.     

The Short‐Term Effects of Mediation on Low‐Intensity Civil Wars

International diplomacy, to the extent it is effective, should not only prevent escalation of low‐intensity conflict, but should also facilitate de‐escalation. This article focuses on the short‐term effects of managing low‐intensity civil wars through third‐party mediation. Specifically, we compare the efficacy of third party‐mediated direct (face‐to‐face) and indirect talks in low‐intensity civil wars from 1993 to 2004 using the Managing Intrastate Low‐Intensity Conflict data set. We argue that a focus on short‐term success is valid because of the relationship among mediation, short‐term success, humanitarian aid access, and peacebuilding. We also assess the roles of mediator identity, mediation strategy (behavior focus versus incompatibility focus), peace agreements, war type, per capita gross domestic product, level of democracy, and conflict duration. Our overarching finding is that direct forms of mediation in which all parties meet face to face were the most likely to yield short‐term success in the sample of civil wars that we analyzed.