When and why do countries break their national fiscal rules?

This paper identifies determinants of compliance with various types of national numerical fiscal rules. Based on 51 fiscal rules in force in EU member states from 1995 to 2015, the analysis identifies determinants among specific rule characteristics and their fiscal frameworks, as well as their political, (socio-)economic and supranational environments. While the average compliance across all rules and countries is around 50%, compliance with rules constraining stock (rather than flow) variables, set out in coalitional agreements, as well as rules covering larger parts of general government finances is significantly higher. Furthermore, independent monitoring and enforcement bodies (issuing real-time alerts) turn out to be significantly associated with a higher probability of compliance. Several theories of the deficit bias of governments due to government fragmentation, decentralization and political budget cycles are also significant with regards to compliance with fiscal rules. However, neither the economic environment or business cycle, nor forecast errors (except for an unexpectedly higher primary balance) on average seem to play a significant role.     

Under threat: Rules-based fiscal policy and how to preserve it

Rules-based fiscal policy is under threat. Over the last two decades, it proved frustratingly complicated to strike the right balance between three essential properties of sound fiscal policy rules: simplicity, flexibility, and enforceability. Simplicity has been sacrificed to ensure that more contingent (i.e. flexible) rules remained enforceable. The resulting arrangements have failed to adequately guide fiscal policy, undermining formal compliance, and ultimately, popular and political support for rules. To mitigate the risk that countries abandon rules-based policymaking, we suggest downplaying enforceability—i.e. the role of formal sanctions through enforcement—and enhancing the reputational costs of breaching rules. At the limit, the rule could consist of a simple quantitative benchmark for a key fiscal indicator. To boost reputational effects, independent fiscal councils should focus on debunking the “fiscal alchemy,” clearing the public debate from partisan smokescreens, and fostering popular support for sound fiscal policies.     

土地使用权转让法律规制的困境与出路

研究目的:分析当前土地使用权转让法律规制的困境,并探索其解决办法。研究方法:文义解释、目的解释与原理论证。研究结果:(1)刑法在规制土地使用权转让行为时需援引行政法的规定,在行政法规制密度过大的情况下容易导致非法转让、倒卖土地使用权罪的滥用,与民商法在违法性认定问题上也存在一定冲突;(2)基于文义解释、合宪分析和原理论证方法,不仅能准确界定刑法中土地使用权非法转让的具体范围,而且能消解不同部门法在违法性认定上的冲突。研究结论:《土地管理法》第七十四条和《刑法》第二百二十八条应作相应修改。     

Distributive cycles and endogenous technical change in a BoPC growth model

Our purpose in this paper is to expand Goodwin's (1967) distributive cycle model to an open economy framework in a way that incorporates the balance-of-payments constraint on growth. We do so by allowing technical change to be endogenous to the cyclical dynamics of the system and by adopting an independent investment function. We show that a Hopf-Bifurcation analysis establishes the possibility of persistent and bounded cyclical paths both for a 3D and a 4D extension of the model. Some numerical simulations are performed based on the analytical models developed. Motivational empirical evidence is also provided for Thirlwall's law using a sample of 16 OECD countries.     

论流转语境下土地经营权的性质及内涵 ——以物债区分为视角

研究目的：确定土地经营权的权利性质及内涵，并以物债区分为视角对其流转关系进行研究。研究方法：规范分析法。研究结果：《民法典》在用益物权部分引入的土地经营权却呈现诸多债权化的法律特征，其根源在于立法者将其租赁关系一并纳入了物权法的规范视角，导致流转语境下的“土地经营权”并非严格意义上的一种权利类型，而是包含租赁权在内的集合性概念。研究结论：在承认流转语境下土地经营权包含租赁权的前提下，仍应坚持将狭义的土地经营权定性为用益物权，赋予农民专业合作社等入股企业用益物权人的法律地位。同时在法无明文规定时，坚持区分土地经营权的物权式流转和债权式流转，按照“物权优先于债权”的基本法理处理土地经营权之多重流转关系。     

Legal framework of private afforestation: The case of Turkey

In Turkey, 99.9 % of the forest land belongs to the state, and according to the Turkish Constitution, the ownership of the state forests cannot be transferred to private parties or other non-state organizations. However, some permits have been granted to use and benefit from the state forests without transferring the ownership. One such is the private afforestation permit. Private afforestation aims to increase forest lands and the growing stock, to re-establish the deteriorating balance between soil, water, and plants, to improve the environmental value, and to provide income to natural entities. This study aims to identify the legal and administrative regulation dimensions of the land use policy on private afforestation in Turkey and to compare them with other successful international afforestation policies.The second part of this paper is a case study on the impact of the legal changes over time in private afforestation in the sample area. Interviews were conducted with participants in the program using questions addressing the socio-economic and cultural benefits of private afforestation along with their afforestation practices and problems. The overall conclusion of this survey was that private afforestation practice had contributed to the income level of the participants. Further, to increase the participation in the program, more public awareness was necessary and incentives to participate must be increased.     

公共信用信息归集和使用的地方规则比较研究

公共信用信息的归集和使用是当前各地方政府社会信用体系建设的焦点问题。少数省、市在公共信用信息归集和使用规则制定上的经验值得借鉴。对江苏省和陕西省、杭州市和上海市的公共信用信息归集和使用的地方规则进行比较,从公共信用信息归集、使用、异议处理、管理机制几个方面进行总结并提出建议。     

网络经济中的不正当竞争行为及其法律规制

近年来,网络不正当竞争案件频繁发生。与传统不正当竞争相比,网络不正当竞争的负面影响更严重,而我国却缺少对其进行规制的相关法律,因此,制定网络经济专门法,建设独立的执法队伍,完善公益诉讼制度在网络不正当竞争中的应用,将对规制网络不正当竞争起到至关重要的作用。     

中国反垄断的政治经济学解读

大企业通常会利用市场支配力获得转移收益，这会扭曲合理的财富分配进而抑制整个社会的价值创造，因而应该受到反垄断行为审查。同时，经济全球化使得大企业依仗其市场支配力获得的转移收益不再局限于国内，利益受损者可能是他国民众，因而世界各国的反垄断行为呈现出明显的倾向性。事实上，尽管那些知名外资大企业凭借其规模经济为中国社会提供了物美价廉的产品和服务，提高了国人的消费剩余和经济福利，但也因独占市场而挤压了国内相关企业和产业的发展空间，造成长远的国家福利损失，因而当前中国政府的反垄断调查集中在具有市场支配力的大型外资企业上。     

Courts and Firm Investments in Real Property

The legal environment and rule of law are important for business, but existing studies often treat rule of law holistically. This article examines the role of courts, specifically the speed of court decisions, the enforcement of edicts, and the impartiality of decision-making as perceived by firms of various sizes, and the impact this has on firm investments in real property. The article analyzes a panel of 6,300 firms from 27 countries in the period from 2002 to 2009 to find that (i) firm size affects perceptions positively, while (ii) paying bribes affects perceptions negatively. At the same time, (iii) a firm’s connections to the government have no apparent impact. More importantly, while all three components have a positive correlation with the amount firms invest in land and machinery, the speed of courts has the greatest significance and the highest marginal effect. Firms perceiving courts to be quick invest nearly four times as much as the average real property investment. This finding suggests that policymakers should focus on reducing backlogs in the court system, perhaps by encouraging more arbitration or staffing more clerks.