论PPP特许经营权收回的协商型法律规制

在PPP特许经营领域,当公用事业遭受或面临重大损害之虞时,政府基于行政监管权和行政优益权而提前收回特许经营权有其正当性,与此同时因行政控权及保障合理私益需要,该收回权的行使也应受到合理规制.与PPP特许经营模式发展阶段相对应,对特许经营权收回的规制呈现出由命令型向协商型过渡的基本轨迹.作为规制PPP特许经营权收回的一种包容性模式,协商型规制应明确其基本构造,具体而言则是从原则遵循、启动要件、主体要件、程序要件等方面进行细化和完善,从而最大程度保障公用事业运营秩序的稳定及各方主体的合法权益.     

Construct measurement in management research: The importance of match between levels of theory and measurement

Far too often do management scholars resort to crude and often inappropriate measures of fundamental constructs in their research; an approach which calls in question the interpretation and validity of their findings. Scholars often legitimize poor choices in measurement with a lack of availability of better measures and/or that they are simply following existing research in adopting previously published measures without critically assessing the validity, appropriateness, and applicability of such measures in terms of the focal study. Motivated by a recent dialog in Journal of Business Research, this research note raises important questions about the use of proxies in management research and argues for greater care in operationalizing constructs with particular attention to matching levels of theory and measurement.     

eBay as the “Terminator”: Determining User Suspension From Feedback Ratings

Good reputations are won and lost by individuals and companies in various forms on the Internet. eBay has the earliest and most well-known formal ecommerce reputation system and “terminates” members who do not play by the rules. We examine a dataset of 102,035 Not-A-Registered-User (NARU) eBay account feedback ratings from eight different countries. Careful investigation of feedback density over time reveals that threshold values for termination can be detected from feedback history. Several modeling approaches are studied and the Local Polynomial Regression Model (LPRM) is chosen for analysis because it is data driven and no prespecified parametric functional form is assumed. Analyzing US data, we find that large-volume sellers have a higher overall negative feedback compared to those of medium volume sellers. We use the second derivative of the LPRM to explicitly determine the threshold points, that is, the point where a seller's negative feedback increases significantly. These thresholds vary from as much as 18.5 weeks prior to termination (for Medium sellers), to as little as 8.5 weeks (for Large sellers). We find similar results in the other countries. These threshold points provide valuable information for buyers when choosing a seller. Our analysis suggests that eBay's termination policy appears to be correlated to fee revenue.     

Analysis of the role of complaint management in the context of relationship marketing

Abstract

This research aims to contribute to the relationship-marketing strategy by studying the role of complaint management in long-term relationships. Two factors distinguish it from other studies: it takes into account two types of customers, consumers and firms, and the result variable selected is the probability of ending an ongoing relationship. Two questionnaires were designed for every population. One of them was auto-administrated to a sample of consumers in the north of Spain, and the other one was sent to a representative sample of Spanish firms. The data analyses were conducted using structural equation modelling. The findings confirm the importance that theory accords to the relationship-marketing strategy, and also provide evidence for the importance of complaint management. Thus having a good complaint-handling system and trained and motivated staff who are fully committed to the firm's objectives are fundamental requisites for firms to be able to build a stable customer portfolio.     

Mortgage Termination: An Empirical Hazard Model with a Stochastic Term Structure

Pricing for mortgage and mortgage-backed securities is complicated due to the stochastic and interdependent nature of prepayment and default risks. This paper presents a unified economic model of the contingent claims and competing risks of mortgage termination by prepayment and default. I adopt a proportional hazard framework to analyze these competing and interdependent risks in a model with time-varying covariates. The paper incorporates a stochastic interest rate model into the hazard function for prepayment. The empirical results reported in the paper provide new evidence about the ruthlessness of default and prepayment behavior and the sensitivity of these decisions to demographic as well as financial phenomena. The results also illustrate that evaluating the interest rate contingent claims with a stochastic term structure has effects on predicting not only the mortgage prepayment behavior but also the mortgage default behavior.     

The principle of the conservation of business relationship energy: or many kinds of new beginnings

The relationship termination phase has received rather less attention in the literature than other aspects of relationship development. In this article we focus on the stage when the firms involved stop doing business with each other. We argue that relationship ending is problematic in that, even when trading stops, there still seems to exist a kind of “relationship energy” which continues on, especially in the social bonds that have been created. We propose a new principle of the “conservation of relationship energy” which states that it cannot be destroyed and that it can only be transformed and transferred to other relationships, manifesting itself in a variety of ways. “Relationship energy” provides opportunities for the same relationship to be reactivated at a later time, and helps or hinders the formation and continuation of other relationships as this energy travels with people to other organizations and contexts. The principle is illustrated using three case studies of relationships that have ended, drawn from the IMP2 database. The analysis provides new ways of analyzing the relationship termination phase as a more dynamic ongoing process and suggests new ways of evaluating relationship outcomes.     

On the Economics and Scope of Implicit Pension Debt: An International Perspective

This paper examines the concept and scope of unfunded public pension liabilities, or implicit pension debt (IPD), from an international perspective. First, the paper discusses the importance and public finance background of IPD. Second, it presents and compares different methods for estimating IPD. Third, it provides international estimates of IPD based on accrued-to-date or termination liability methods with consistent assumptions across all countries using the World Bank's ``Pension Reform Options Simulation Toolkit' (PROST) computer model. The policy conclusions stress the need for standardized international reporting of this indicator.     

Austerity and Hospitals in Deficit: Is PPP Termination the Answer?

While austerity is commonly presented as a necessary, although undesirable, reduction in public expenditure, this framing may disguise a re-imagining of the state whereby governments seize the opportunity of economic difficulties to shrink the state. This paper offers a critical examination of the nature of austerity by exploring the case of the UK's National Health Service (NHS), which according to political rhetoric is protected from austerity cuts. However, in the context of eight years of historically low funding growth coupled with increasing demand pressures from a growing and ageing population, the NHS has for several consecutive years faced substantial overspending by NHS provider organizations. With the Government intent on continuing its deficit and debt reduction path within a framework of ‘austerity’ focused almost exclusively on the expenditure side, NHS organizations have begun to explore radical solutions for reducing their costs. Following reported savings obtained by the early termination of a PPP contract at the Hexham General Hospital, politicians and some NHS managers have considered whether this experience might be repeated elsewhere. Our aims in this paper are to examine the financial feasibility of responding to the pressures created by austerity in this particular way, and to challenge the notion that the NHS has been protected from austerity. We extend the evidence base on PPP contract termination and analyze statistical information and financial statements in the public domain to highlight the legal and financial realities of early PPP termination.     

Strategic interaction in alliances

Research summary: This article studies strategic interactions between firms that form alliances to exploit synergistic benefits. Firms cooperate to create value, but they can also compete to capture value. Fundamental questions rarely addressed by strategy scholars relate to how the configuration of control over resources influences firms' strategies, the potential for termination, and the emergence of cooperation and trust. The formal results reveal crucial aspects of the interorganizational rent‐generating process and yield testable implications. With greater synergistic benefits, firms invest more, but they also compete more intensively to capture more value. With symmetric control, more value gets created, which limits the potential for termination, but also exacerbates the competition for value; from a relational perspective, this form of control augments the calculative rationale of cooperation and trust . Managerial summary: When forming an alliance to exploit synergies, firms engage in a complicated strategic interaction that is part cooperation and part competition. What happens when partner firms cooperate and invest to create value while competing and using costly adversarial tactics to capture value? The analysis reveals that with greater synergistic benefits, firms invest more in value creation, but the fear of opportunism pushes them to waste more resources on value capture tactics. The balance between value creation and value capture, and the possibility that the alliance is terminated depend on the configuration of control over resources. The analysis further reveals under what conditions there can be trust between the partners, such that they focus on value creation and avoid wasting resources in the competition for value . Copyright © 2016 John Wiley & Sons, Ltd.