从英美法官对案件的管理看民事程序的变化

20世纪后半叶,传统的英美对抗制民事诉讼程序经历了一次重大的、革命性的变革。导致这种变革的原因是多方面的,其中既有社会的呼声,也有司法体系内部的反省。变革的核心内容是法官的角色转变和司法对程序控制的加大。这种变革,不仅使英美法官的传统职能发生了变化,而且使一直与大陆民事程序完全不同的英美程序机制具有了一种全新的内容。因而这种变革不可避免地在法律界引发了激烈的争论。     

Immigrant entrepreneurship: Scrutinizing a promising type of business venture

Immigrant entrepreneurship is an important socioeconomic phenomenon today. In major destination countries for immigrants such as the United States, Canada, the United Kingdom, and Australia, immigrant entrepreneurship plays a critical role in economic development. The economic impact of immigrant entrepreneurship in the host country is well known, but the influence of immigrant entrepreneurship in the host country is not limited to its economic aspects. It includes important noneconomic effects such as the development of vibrant ethnic communities, social integration and recognition of immigrants, a nurturing entrepreneurial spirit, and providing role models for immigrants. From the management perspective, there are many aspects of immigrant entrepreneurship that are still unknown and need to be addressed. The purpose of this special issue is to shed light on some of those aspects. The articles selected to be published in this issue offer an excellent analysis of various important aspects of the topic, including the success factors of immigrant entrepreneurship, the influence of family networks, and the noneconomic effects of immigrant entrepreneurship. We believe the issue breaks new ground and offers excellent information on the topic. © 2010 Wiley Periodicals, Inc.     

Customers’ savings rate and share of wallet: the moderating role of religion and ethnicity/immigrant generation vis-à-vis attitude as mediator

This study explores the role of attitude toward money, religion and ethnicity in the relationship between income and consumer behavior. The three-country (Australia, Canada and China) study sampled 755 consumers and uses structural equation modeling and multivariate analysis to test for mediating effects of attitude toward money and moderating effects of religion and ethnicity/immigrant generation. Religion is found to be a moderating variable for savings rate and share of wallet, while ethnicity/immigrant generation only moderates the association between income and savings rate. We also demonstrate the interaction effects of religion and ethnicity/immigrant generation with income as determinants of savings rate and share of wallet. This research provides the foundation for modeling savings rate and share of wallet, incorporating attitude, religion, and ethnicity/immigrant generation, as well as income, demonstrating the need to include other factors (i.e. demographic factors in addition to attitudinal/satisfaction measures) to better identify, understand and strategically target consumer segments with potential for profitability and growth.     

Characteristics of Immigrant Entrepreneurs and Their Involvement in International New Ventures

We studied 561 young firms in Australia to understand the involvement of immigrant entrepreneurs (IEs) in international new ventures (INVs). We found that IEs are overrepresented in INVs and have many characteristics known to facilitate INV success, including more founders, university degrees, international connections, and technical capability. Our study has implications for immigration policy and economic policy and the efficient use of a nation's human capital. This research challenges a necessity‐based stereotype of immigrant entrepreneurs by identifying areas in which immigrant entrepreneurs have natural competitive advantages over native entrepreneurs (NEs). This research makes a contribution to the theory of immigrant entrepreneurship by identifying the significant role of immigrant entrepreneurs in INVs and the suitability of immigrant entrepreneurs for the development of INVs. We inform diverse streams of research in transnational and immigrant entrepreneurship with broader strategic work on the creation of INVs. © 2013 Wiley Periodicals, Inc. This research was partly funded by an Australian Academy of Social Sciences research grant. A previous version of this paper was presented at Babson College Entrepreneurship Research Conference (BCERC), 2011, Syracuse.     

Migration and servicification: Do immigrant employees spur firm exports of services?

Services play an increasingly important role in production, employment and international trade but are subject to substantially higher trade costs relative to manufactured goods. Knowledge of how these trade costs can be mitigated is important for facilitating trade of services. In this paper, we analyse the role of immigrant employees as facilitators of firm exports of services, a role that remains largely unexamined. We bridge the gap in existing research by drawing on new data for nearly 30,000 Swedish firms during the period 1998–2007 within a heterogeneous firm framework. The results have important policy implications. As the multilateral approach to facilitating trade is challenged and more countries are imposing measures to restrict the cross‐country mobility of people, policymakers may need to find new ways to promote exports of services. Our results indicate that immigrant employees spur firms' export of services activities: hiring one additional foreign‐born worker can increase services exports by approximately 2.5 per cent, on average, with a stronger effect found for skilled and newly arrived immigrants. Therefore, policymakers could leverage the findings of this study to implement initiatives that utilise high‐skilled immigrants to promote services exports.     

An empirical investigation of immigrant effects: the experience of firms operating in the emerging markets

The immigrant effect consists of the ‘employer’ and the ‘employee’ effect. This study focuses on the ‘employee’ effect. Existing studies on the immigrant effect have identified its contributions to international trade and international marketing management but have not explained under what circumstances this effect can be used to achieve a firm's objectives when operating in a foreign market. This study explores the profile of the firms which have used this effect to assist their operations in three foreign host markets (China, Hong Kong and Taiwan). Based on the outcomes of a multivariate logistic regression analysis, this study has generated a number of useful findings. Firm size is not suggested as a factor for the selection of immigrant effects. Firms are more likely to adopt an immigrant effect when their products are new to the markets. FDI mode users tend to be more likely to use the immigrant effect. Usage of immigrant effects is also found to be associated with firms from a smaller domestic economy. The immigrant effect is often used to break cultural barriers between home and host markets, but is more helpful when the marketing infrastructure in the home and host markets is similar. The choice of immigrant effect is suggested to have no influence on firms' performance in the host markets.     

Transnational entrepreneurs: Characteristics, drivers, and success factors

Recent literature considers the significance and determinants of transnational entrepreneurship arising from the immigrant communities. However, empirical evidence remains fragmented, largely due to the contextual diversity of the phenomenon. Using data collected from the Chinese Canadian community, the current study examines the transnational entrepreneurs’ characteristics, drivers, and factors affecting their successes. The results portray a typical transnational entrepreneur as a 45-year-old or older man who is married with one child, has completed Master’s or higher education programmes, and does not have a full-time job. For these transnational entrepreneurs, seeking business opportunities is an important reason for their migration to Canada in the first place and, subsequently, business expansion by drawing resources from dual locations becomes the primary driver toward a transnational mode of economic adaptation. The findings highlight the importance of context-specific determinants of transnational entrepreneurship and provide important implications for practice and policy making.     

Differences in international opportunity identification between native and immigrant entrepreneurs

The aim of this study is to understand more about how identification of international opportunities differs between native and immigrant entrepreneurs. Based on a survey of 116 immigrant and 864 native Norwegian entrepreneurs with newly registered firms, we show that immigrant entrepreneurs are more likely to identify international opportunities than native entrepreneurs are. We reveal important differences in the identification process between native and immigrant entrepreneurs. Whereas general human capital has a significant positive effect on international opportunity identification for native entrepreneurs, we cannot find the same effect among immigrant entrepreneurs. Moreover, although financial capital positively influences international opportunity identification among native entrepreneurs, the same effect is significantly negative among immigrant entrepreneurs. Based on these findings, we conclude that native and immigrant entrepreneurs do not utilise the same resources to identify international opportunities. This study contributes to the literature on international entrepreneurship by documenting significant differences in how native and immigrant entrepreneurs identify international opportunities. It also contributes to immigrant entrepreneurship literature by bringing the opportunity-based view of entrepreneurship into the field.     

构建科学司法权监督机制 提高司法公信力

党的十七大以来,我国司法体制和工作机制改革取得新进展,司法独立性大大加强,促进了司法公正;克服了人少案多的不足,司法效率大大提高。但当前我国不规范的司法行为还一定程度存在,司法公信力还有待加强。必须认真贯彻党的十八大精神,进一步深化司法体制改革,充分发挥司法机关内部监督作用,加强检察监督作用,高度重视律师监督作用,自觉接受人大和政协监督,科学对待新闻媒体的舆论监督作用,构建科学司法权监督机制,提高司法公信力。     

Outsidership,network positions and cooperation among internationalizing SMEs: An industry evolutionary perspective

Immigrant entrepreneurship, like other market entries, continues to be examined in most studies as an event, and not as a process of ongoing interactions and exchanges that would adequately address the influence on such a transition of collaborative engagements and of industry evolution in the host market. Adopting an industry evolutionary perspective, we examine the facilitating role played by cooperative strategies among immigrant-run SMEs. Using a small number of valued customer and competitor relationships, we draw from case studies to show how both immigrant and native run SMEs gain knowledge and resources through collaborative engagements to extend into new customer segments. These relationships enable them to mitigate their outsidership by adopting positions on the edges of networks that allow them to avoid competing directly against other internationalizing SMEs abroad or in their home markets. Using context to build an industry evolutionary perspective, we observe their entry into collaborative engagements with intermediaries in other business networks to build additional industry segments in the less understood maturing industry phase. This study shows how native-run Italian internationalizing SMEs accessed the resources of immigrant Chinese business networks and developed capabilities for mutual benefit.     

What Drives Micro-Angel Investments?

Despite of the significant role of informal venture capital in the financing of new entrepreneurial ventures, there is little research explaining the factors determining the propensity of individuals to make microangel investments. Building on two theoretical frameworks, a social psychological theory of planned behavior and an economic theory on the determinants of demand for risky assets in household portfolios, we develop a set of hypotheses predicting the propensity of individuals to make informal investments in new businesses owned by others. In our analysis we test whether the determinants of micro-angel investments are similar when investing in a business owned by a close family member versus more distant business. The hypotheses are tested using data from 6007 interviews of Finnish adults carried out in the Global Entrepreneurship Monitor program in 2000–2002. The findings show that the theoretical frameworks have more power in explaining investments in firms not owned by close family members. The study provides new understanding of the differences in the drivers of different types of micro-angel investments.     

“Misfits,” “stars,” and immigrant entrepreneurship

Prior research has shown that immigrants are more likely than natives to become entrepreneurs, and that entrepreneurs are disproportionately drawn from the extremes of the ability distribution. Using a large panel of US residents with bachelors’ degrees in scientific fields, we ask whether higher rates of entrepreneurship among immigrants can be explained by their position on the ability spectrum and establish four new facts about science-based and immigrant entrepreneurship. First, in this sample, an immigrant entrepreneurship premium exists only in science-based entrepreneurship. Second, this premium persists after controlling for ability (measured by paid employment wage residuals.) Third, a U-shaped relationship between ability and entrepreneurship exists only in non-science entrepreneurship; for science entrepreneurship, the relationship is increasing. Finally, the immigrant premium in science entrepreneurship is largest among immigrants with non-US degrees and those from non-English-speaking or culturally dissimilar countries. Stated preferences for self-employment do not explain the immigrant premium. The results suggest that immigrants may on average have higher levels of unobservable skills related to entrepreneurship.     

Determinants shaping the international currency system: Where do currencies stand relative to their equilibria?

Using a sample of 27 currencies, we empirically test the role of a large set of determinants potentially underlying currencies' share in the international currency system, providing, to the best of our knowledge, the most comprehensive study of this kind so far. We propose a new global indicator that quantifies the international use of currencies on the basis of three dimensions—medium of exchange, unit of account and store of value. From a range of indicators including openness, financial development and institutional development indicators, we uncover several variables that are significant in explaining the international status of currencies, hence contributing to understanding the role of the determinants shaping the international currency system. We also investigate the long-run equilibrium values for currency shares, allowing us to score currencies on the basis of the potential stemming from the determinants. We contribute to the debate on international currencies' prospects, not only by looking at much discussed currencies such as the US dollar, the euro and the Chinese renminbi, but also by uncovering potential of emerging currencies. This knowledge is of the utmost importance for the debate on the reform of the international monetary system—from the point of view of academics, policymakers and market practitioners.     

Immigration and Trade Creation for the United States: Role of Immigrant Occupation

Using a sample of 63 U.S. trading partners that constitute the major immigrant sending countries over the years 1991–2000 and using instrumental variable estimation this paper finds that the immigrant trade elasticity varies with the share of the immigrants in various occupation groups. The share of professional immigrants significantly increases the immigrant trade elasticity for all types of trade due to their ability to effectively use their network for trade creation. This effect is strongest for the Rauch’s differentiated imports where the immigrant specific home country information and immigrant demand for goods play a key role in increasing trade.     

刑法司法解释溯及力问题探微

刑法司法解释的溯及力，应当一律按照新的司法解释，还是按照从旧兼从轻原则，这是司法实践中的难题。现有的规定对这一问题的立场本身也是矛盾的。司法解释的性质所呈现的理想与现实的错位，造成了刑法司法解释溯及力问题的困境。从应然与实然两个层面解决这种困境是较好的方案。一方面应当规范司法解释的内容，另一方面，当刑法司法解释属于刑法条文可能含义之内时，应当直接适用司法解释，而当其突破刑法条文可能含义时，为了维护罪刑法定原则，则应当遵循从旧兼从轻原则。     

论基层法官的整合型法律解释

在司法过程中,基层法院主审法官扮演着法律问题解决者的角色,其在各个审判组织之间陈述观点和意见,谋求法律问题的解决。解决法律问题,做出司法裁判,其正当性和可接受性,不仅取决于法律本身的正当性,也取决于法律适用的程序正当性。合议、汇报、讨论、请示作为基层法官处理案件的通常程序,其不仅消解了基层法官对于法律的独断理解与解释,司法过程中正当程序的遵循,也构造了基层法官通过议论解决法律问题的整合解释模式。     

Theoretical and Applied Relevance of Consumer Limits to Processing Advertising

Abstract

This study investigates (1) how immigrant consumers change their media consumption when they move across cultural boundaries and (2) whether media exposure relates to consumers' acculturation of the new social norms. A total of 938 respondents from four sample groups including Hong Kong residents, long-time and new Hong Kong immigrants to Canada and English-speaking Caucasian Canadians responded to a predesigned questionnaire. It was found that while the immigrant groups did not increase their total media consumption, their consumption across different media types followed both assimilation and ethnic affirmation models. This acculturation process seemed to be affected by immigrants' original media consumption behavior and language ability. Media exposure was found to relate significantly to immigrants' acculturation of the new social norms after influences due to personal characteristics were removed.     

I Say Tomato,You Say Domate:Differential Reactions to English-only Workplace Policies by Persons from Immigrant and Non-immigrantFamilies

Immigrants now compose approximately 12 of the population of the United States and a sizable proportion of the workforce. Yet in contrast to research on other traditionally under-represented groups (e.g., women, African Americans), there are relatively few studies on issues related to being an immigrant in the U.S. workforce. This study examined English-only workplace policies, focusing on reactions to business justifications – explanations that justify managerial decisions as business necessities – for these policies. We contrasted the reactions of individuals coming from immigrant families, where at least one parent was an immigrant to the U.S., with those of persons from non-immigrant families. Results of an experiment indicated that business justifications were successful in influencing the attitudes of non-immigrants toward the English-only policies, but did not influence the attitudes of individuals from immigrant families. Probing the reasons for this effect, a thought-listing protocol suggested that non-immigrants mentioned more of the business benefits of the English-only policy than did individuals from immigrant families. Further, business justifications for the English-only policy led individuals from immigrant families, but not those from non-immigrant families, to view the organization as being less ethical and less concerned with the welfare of its workers. The implications of messages from management being understood differently by different demographic groups are discussed.     

Chinese immigrant entrepreneurs’ involvement in internationalization and innovation: Three Canadian cases

In international entrepreneurship literature, entrepreneurs moving across borders have received less attention than other entrepreneurs. Also, only scant attention has been paid to immigrant entrepreneurs’ contributions to their organizations. This paper aims to contribute to the emerging international immigrant entrepreneurship literature by studying Chinese immigrant entrepreneurs’ roles in their firms’ international and innovative activities in Canada, China, and other countries. It is based on three cases of Chinese entrepreneurs who established businesses in Canada. We conclude that these immigrants’ experience of doing business in China and Canada, their network relationships and knowledge of these markets quickened their firms’ internationalization considerably. Moreover, these firms became active in product or service innovation as the case immigrants also involved other immigrants and locals. Consequently, immigrant entrepreneurs should actively use their connections both in their new country of residence and also in their previous home country, but to become even more successful, they should also reach beyond their ethnic ties.     

论反倾销司法审查制度

反倾销司法审查制度是指法院通过对反倾销行政行为进行审查，发挥司法权力对行政权力的制约作用。国内法院的反倾销司法审查与WT0的争端解决机制是相互独立的关系。我国反倾销司法审查的范围应包括对不启动反倾销调查的行政决定。反倾销司法审查的标准包括事实问题和法律问题两个方面，体现了国内法院对行政权限一定程度的尊重。