商品房买卖面积争议处理

商品房买卖面积争议是商品房买卖合同纠纷的表现形式,对其进行分析和探讨,有利于商品房买卖面积争议处理更为科学合理并保证当事人权利救济途径更加顺畅。     

日本证券投资基金法制改革及其借鉴意义

日本于 195 1年制定颁行了《证券投资信托法》 ,由此奠定了证券投资基金制度的法律基础。之后 ,经过不断的修改 ,形成了较为完善的规范证券投资基金的法律体系。我国在促进证券投资基金发展的同时 ,还应适当借鉴日本的改革经验 ,完善证券投资基金法律体系 ,加强对投资者的保护 ,以进一步促进我国证券市场的发展。     

Hedge Funds, the Deutsche Börse Affair and Predatory Anglo-American Capitalism

Boardroom trouble at Deutsche Börse, the company that operates Germany's main stock market, has recently provoked an important debate about competing capitalist models. Werner Seifert, Deutsche Börse's ousted Chief Executive, was eager to portray himself as the innocent victim of aggressive Anglo-American investors who had bought into his company but failed to understand its traditional operating ethos. In this, he was ably supported by key figures within the ruling Social Democratic Party, who, in order to shore up the party's core support, had increasingly come to blame overseas hedge funds for the development of German corporate governance models which prioritised profits over jobs. I review the SPD's structural reading of the Deutsche Börse affair, whilst comparing it to an alternative interest-based reading. The latter allows me to focus more closely on the issue which, more than any other, led to Seifert's downfall: his refusal to bow to the expressed interests of his own shareholders by pressing ahead, against their wishes, with a hostile bid for the London Stock Exchange. Seifert's eventual removal foreclosed the possibility of an integrated London-Frankfurt stock market and, somewhat ironically given the SPD's response to the affair, as a consequence it also prevented the entry of London's highly capitalised institutional investors into the German market for corporate control. The actions of Deutsche Börse's overseas shareholders might still be seen as evidence of a predatory Anglo-American capitalism. However, their successful removal of Werner Seifert may well have been responsible for temporarily keeping other financial predators at bay.     

坚持科学发展 实现住有所居——解决城镇居民住房问题的政府视角

“住有所居”是保障和改善民生的重要目标,也是政府肩负的执政责任。它要求各级政府必须明确相应职责和角色定位,着力保障和改善民生,促进社会公平正义,走出产业定位、征地拆迁、房价调控、市场失效、住房保障、住房消费、环境保护等方面的误区,探寻出一条解决城镇居民住房问题的科学发展之路。     

Market segmentation and lender specialization in the primary and secondary mortgage markets

Abstract

This paper provides a comprehensive evaluation of market segmentation and lender/purchaser specialization in the primary and secondary mortgage markets. It describes and assesses the 1990 Home Mortgage Disclosure Act (HMDA) data, which for the first time provide detailed information on the borrower and neighborhood racial and income characteristics of mortgage loan originations and securitizations in the primary and secondary mortgage markets. Evidence presented in the paper indicates that home purchase loan origination rates for black applicants—and, to a lesser degree, Hispanic applicants—appear to be significantly lower than those of other racial or ethnic groups. Similarly, the HMDA data reveal that home purchase mortgage origination rates in predominantly minority census tracts are significantly lower than those in predominantly white neighborhoods. The HMDA data also indicate a striking reliance of black borrowers on government‐backed forms of mortgage credit.

The paper further reveals that secondary market loan purchase distributions arrayed by borrower and neighborhood characteristics generally reflect those of home mortgage originations. The borrower and locational characteristics of home purchase loans acquired by the Government National Mortgage Association (GNMA) directly reflect that agency's legislated specialization in government‐backed loans, whereas the characteristics of loans acquired by Fannie Mae and Freddie Mac for the most part derive from the borrower and geographic composition of conventional home purchase loan originations. Findings of analyses of HMDA data raise concern regarding the access of minority and low‐income households and neighborhoods to mortgage finance. Those results also raise some question as to whether the federally chartered agencies in the secondary market are adequately promoting the availability of mortgage credit to low‐ and moderate‐income and minority households.     

国(境)外公务接待的治理及其启示

国(境)外治理公款大吃大喝主要依托政府和社会两股力量:政府一般采用预算控制、区别对待客人、议会和审计监督、明确接待标准、严格财务管理、制定吃请禁令、管制吃喝行为等措施;新闻媒体监督、非政府组织参与、宗教信仰和饮食习惯等则是制约公款大吃大喝不可缺少的社会因素。国(境)外公务接待的治理措施对我国严肃整治公款大吃大喝有重要的借鉴意义和启示作用。     

夫妻房产约定的法律适用——基于我国约定夫妻财产制的考察

关于房产归属,夫妻之间可采夫妻财产约定形式加以变动,也可以订立赠与合同。前者与夫妻身份密切相关,具有附随身份的特性;后者内容及效力均与夫妻身份无关。在适用法律上,前者适用身份法,约定直接产生物权变动效力,即使未变更登记也无任意撤销权行使余地;后者适用财产法,未变更登记之前赠与方可以撤销赠与。夫妻之间订立的内容不明确的房产变动协议,其性质应推定为夫妻财产约定。     

Lost in space? the role of place in the delivery of social welfare law advice over the telephone and face-to-face

ABSTRACT

Advice that is provided exclusively over the telephone has been promoted by government as more convenient and accessible than face-to-face appointments. The resulting push towards telephone-only provision, as implemented by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, challenges the long history of association between social welfare law advice and local delivery within disadvantaged communities. This article reports on qualitative research comparing telephone and face-to-face advice which uncovers the continuing relevance of place in the dynamics and mechanics of social welfare law provision. Familiarity with the geographical location, knowledge of local policies and procedures, relationships with opponents and allies, and an understanding of the ‘local legal culture’ mean that face-to-face advisers are often able to conduct their legal casework more effectively. Conversely, local knowledge is unlikely to be available to Community Legal Advice telephone advisers. This research suggests that, in addition, telephone-only advisers may be developing a more narrow understanding of the essential qualities of casework. These findings are particularly significant in view of the likely future expansion of remote methods of delivery in legal aid work.     

Bricks in the wall: the politics of housing in Europe

Abstract

Housing has important economic, political, and social ramifications for Western Europe and beyond. Despite its importance in shaping economic and political outcomes, however, housing remains in the peripheral vision of major comparative political economy debates. This introduction to the special issue accomplishes four objectives. First it demonstrates how housing defies current political economy typologies by failing to conform to their theoretical and empirical predictions. Second it summarises the current state of housing research within political science, which still remains in its infancy. Third it highlights how the contributions in this special issue expand our understanding of how housing causes and is shaped by political and economic outcomes in Europe. Finally, this introduction concludes by outlining how the special issue contributions demonstrate housing’s importance for the welfare state, political preferences and electoral shifts, regulatory and redistributive policies, and financialisation and household indebtedness in Europe.