超产权理论刍议——兼评“超产权论与企业绩效”

产权理论是以产权为基本分析工具来研究企业的治理结构与绩效的关系。而超产权理论试图改变这一基本分析范式,以“竞争性”代替产权作为企业治理结构与绩效的基本分析工具。比较和分析这两种理论可看出,超产权理论所主张的竞争性分析方法并不能取代传统的产权分析,产权结构是决定企业治理结构和绩效的最基本制度因素,产权理论仍然是进行企业分析的合理有效的基本方法。     

Codes of Conduct in Subcontracting Networks: A Labour Law Perspective

In the past ten years, many European companies organised into subcontracting networks have decided to adopt codes of conduct to regulate labour relations and to ensure the respect of fundamental social rights. This paper first determines the context and the issues to be addressed by codes of conduct within networks of companies, and second analyses the terms under which they can be implemented. The paper argues that codes of conduct can complement the standards developed by States, the European Union or the social partners, but that steps should be taken in order to avoid that these texts replace the existing labour law.     

When to accept a sequence of gambles

When is a sequence of gambles, which is initially rejected eventually accepted? The eventual acceptance is defined as a pair property between the utility function and the sequences of gambles. A sequence of gambles is accepted when the gambles follow a large deviation principle and the utility function is non-satiated and bounded from below in a certain way. The number of gambles required for acceptance is computed.     

宋代妇女奁产权的探讨

奁产,作为女子出嫁时娘家陪嫁的财产,在普遍受到妇女自身重视的同时,国家也制定了相应的法律条文来保障妇女对自己奁产的所有权。宋代是中国古代经济的一个重要发展阶段,经济的繁荣成为社会文明的基础,妇女也具备一定的权利主体资格,享有一定的法律地位。该文主要从宋代的法律文献入手,着重分析宋代妇女的奁产权及其不完整性,以探讨宋代妇女的经济权利及地位。     

构建农村和谐社会的思考

构建农村和谐社会,应当树立正确的农民增收观,促进农民持续快速增收,缩小城乡差别;加快农地产权制度改革,解决农地矛盾和纠纷;加快农村基层组织制度和县乡行政改革,解决农村干群矛盾;加快农村教育发展,改进农村教育质量,提高农民素质;加大再造秀美山川工程监管力度,消除工作中存在的不实、不公等因素;加快农村社会保障制度建设,消除农民的后顾之忧.     

Integration of collective bargaining and formal worker participation processes: Boon or barrier to worker rights?

Many employers are extending workplace rights by allowing for more employee voice in decision making. Numerous unionized organizations have established formal worker participation processes to help achieve this end and to improve organizational performance. Based largely on theory, such processes are normally designed to operate independently from the bargaining process. The purpose of this study was to examine the relationship between participation and bargaining processes, and the effect of this relationship on workplace satisfaction. A total of 712 Midwest union officials were surveyed, and the results indicate that the processes tend to become integrated in the workplace. Further, union officials' workplace satisfaction was greater where formal worker participation is institutionalized within the bargaining process.     

Reconfiguring the innovation policy portfolios for Taiwan's SIP Mall industry

Since the year 2000, silicon intellectual property (SIP), which can minimize the gap in ‘design productivity’ that exists with systems-on-chip (SOC), has become one of the most important factors in the development of integrated circuit (IC) products in the SOC era. Although SIP is very important for IC industry development, complicated business, technical as well as legal issues inside SIP transactions have hindered successful transactions and the integration of SIPs into SOCs. Thus, web-based SIP e-Commerce mechanisms, called SIP Malls, have emerged, aiming to resolve complex SIP issues. To maintain its leading position and competitiveness in the World's IC industry, as well as the value added by SOC products in Taiwanese IC firms, the Taiwanese government has developed SIP Malls, using innovation policy tools. However, the Taiwanese SIP Mall industry remains immature. No existing Taiwanese SIP Malls generate a profit or account for a significant share of worldwide SIP transactions. This research will develop an analytical framework for defining an innovation policy portfolio that aims to develop Taiwan's SIP Mall industry, so that it will enhance the value added of SIP Malls and, thus, the nation's competitiveness in the SIP and IC industries, something which already has become one of the Taiwanese government's major concerns. The industry innovation requirements (IIRs) are summarized using the Delphi method. Meanwhile, the major IIRs identified by Decision Making Trial and Evaluation Laboratory (DEMATEL) are introduced. After the IIRs are derived, the relationships between the IIRs and innovation policy tools are derived by Grey relational analysis (GRA). Then, the innovation policy tools are clustered, based upon the Grey grades derived by GRA. Finally, reconfigured innovation policy portfolios are presented for the Taiwanese government's policy definition. The results demonstrate that developing an innovative policy portfolio that includes scientific, technical, educational, public enterprise, information, legal and regulatory, financial, and taxation policy tools will be the most necessary step towards developing Taiwan's SIP Mall industry.     

Drug testing and the law

This article examines judicial and administrative rulings and legislation involving or related to the issue of drug testing in the workplace. It discusses the rights of employees in the public and private sector: constitutional rights; federal, state, and local statutory rights; rights of unionized employees; and common law rights. It analyzes both the current state of the law and future directions the law may take, as courts and administrative agencies decide more cases and governmental bodies continue to pass drug testing legislation.     

Individual rights and organizational theory

Rights are very important concepts in everyday life. And they are especially important to participants in organizations. Yet, our theories of organization and management have largely ignored rights — stressing, instead, other concepts, such as goals, roles, etc. This article describes the historical significance of rights and their relevance in understanding social behavior. The advantages of a right-based organizational theory (versus traditional goal-based theories) are discussed.This article draws on the author's forthcoming book,A Social-Contract Theory of Organizations (University of Notre Dame Press, 1988).     

江西大型企业资本运作模式的现状及其改进对策研究

资本运作是一种有效配置资源、实现企业资本增殖的活动,其核心是产权制度创新。本文对江西大型企业资本运作模式的现状进行了分析,进而提出了一系列的合理的改进对策,以期提高起运作绩效。