新破产法中管理人制度的缺失与完善

新破产法首次确立了职业化、市场化的管理人制度。新制度的引入实施具有重大的意义,但同时也存在着诸多不足之处,突出表现在管理人选任制度不完善、没有得到充分的监督、相应的民事责任不明确等三个方面。结合司法实践中出现的一些问题,新破产法只有建立和完善管理人选任的双轨制,建立和健全管理人的监督机制,并完善管理人民事责任的相关规定,才能真正发挥破产法对社会主义市场经济的保障和促进作用。     

《婚姻法解释（三）》中财产纠纷法律问题研究

《婚姻法解释（三）》的出台，为解决婚姻财产纠纷提供了具体的操作标准，具有重要意义。但其也带来了新的争议和矛盾，尤其对于父母赠与房产的归属与婚姻财产制冲突引发的不公、婚前买房婚后共同还贷的补偿规定等问题，无论理论与实践都存在较大争议。针对这些问题，引入公证机制对赠与财产进行确权，建立公平可行的可选择性增值补偿机制，以贡献度为标准科学界定婚后收益的归属．以进一步完善夫妻财产分配制度。     

中职学校《职业道德与法律》教学刍议

《职业道德与法律》是中等职业学校必修的一门德育课程,本文针对目前各中职学校在本学科教学中存在的两大问题提出建议以提高教学质量,实现培养目标。     

浅析《城乡规划法》对土地利用规划的影响

研究目的：探讨《城乡规划法》对土地利用规划的影响，为新一轮土地利用总体规划的修编提供参考。研究思路：通过对新颁布的《城乡规划法》的解读，在与《城市规划法》对比的基础上，从城乡统筹规划、两规的衔接以及公众参与等角度，简要分析新法对现阶段土地利用规划的影响。研究结论：提出土地利用规划的编制应进一步强化城乡统筹观念，尽早构建和明晰全国规划体系、以法律形式明确界定两者的任务及衔接内容、政府部门权责的确定与落实等建议。     

三峡成库后孤岛时空分布规律及资源特色研究

本文在全面考察三峡成库后孤岛各项实物指标的基础上,针对三峡库区特殊的地理条件和资源环境,分析了三峡成库后孤岛的时空分布规律和资源特色。以期充分利用三峡库区的岛屿资源,进一步推动三峡地区旅游业的发展。     

Convergent cultural evolution and multilevel selection: Reply to comments on Janet Landa’s ‘The bioeconomics of homogenous middleman groups as adaptive units: Theory and empirical evidence viewed from a group selection framework’

The comments on Janet Landa’s (J Bioecon 10(3):259–278, 2008) target article provide a fascinating snapshot of how multilevel selection theory is perceived across several disciplines. When we focus on the zone of agreement among the commentators, Landa’s article provides an important example of convergent cultural evolution. When we focus on the zone of disagreement, we find a snapshot of the current status of the group selection controversy that goes beyond narrow scientific issues and requires a ‘truth and reconciliation’ process to resolve, as discussed in my series of blogs titled “Truth and Reconciliation for Group Selection” (Wilson , 2009) and briefly summarized here.      

试论私有财产权对我国政治民主建设的意义

私有财产权是宪政国家的基石。私有财产权保障了自由和民主原则得以实现、促进法治建设的进程、增强公民参与政治生活的意识。     

Do the English Legal Origin Countries have More Dispersed Share Ownership and More Developed Financial Systems?

The essence of the legal origin hypothesis is that a country with an English legal origin provides better investor and creditor protection and experiences greater financial development; financial institutions and stock markets flourish, the general public participate more in financing investment projects of companies and so shareholding is less concentrated. The present paper examines this hypothesis on the basis of a cross‐country study of 85 countries. We find no evidence of more dispersed share ownership in the English law countries than in other countries with different legal origins irrespective of whether we adjust for the existence of transitional economies and less developed countries in the sample. Using three indicators of development of banking and other credit institutions and four indicators of stock market developments, we also find no evidence of more developed financial systems in the English law countries. As expected, there is some evidence of lower financial development in the less developed countries and transitional countries. It is not the English law heritage but the security of persons and goods that appears to explain the cross‐country variations in financial development.     

Non-homothetic preferences and growth

We observe that countries at low levels of income invest at lower rates than those at higher levels of income. This paper explains this fact as a consequence of Engel's law, i.e. that there is an inverse relation between expenditure and its proportion spent on food. It introduces non-homothetic preferences based on Engel’s law in a simple Solow model. These preferences imply rates of net investment that increase with the level of income as we approach the steady state. Increasing investment rates imply a positive correlation between growth rates and the level of income, at low levels of income, rather than an inverse relation, as the usual Solow model implies. The existence of a positive correlation between income growth rates and income levels, at low levels of income in the presence of this type of preference, has already been shown in a previous paper for a closed economy. The purpose of this paper is to show that this positive correlation persists when we introduce trade into the model.     

Human resources in Sino-foreign joint ventures: selected case studies in Shanghai,compared with Beijing

This article examines HRM in joint ventures (JVs) in Shanghai compared with those in Beijing using a case-study approach. It focuses primarily on issues relating to labour contracts, rewards and benefits, social insurance, trade unions and personnel policies, and describes current developments in China in each of these areas. In order to place these JV human resource practices in context, we also draw on interviews in state-owned enterprises (SOEs) in Shanghai and Beijing. Taking as a starting point a summary of traditional SOE 'iron rice-bowl' ( tie fan wan ) practices in the management of personnel, we ask to what extent HRM in the present JV sample differs from traditional methods and to what extent 'iron rice-bowl' practices continue despite foreign ownership. The extent to which HR practices in JVs are distinct from those in contemporary SOEs is also examined. We conclude that, although, as one would expect, foreign ownership has modified traditional practice, the degree and extent to which this is true varies widely. There is strong evidence of institutional and organizational continuity in 'iron rice-bowl' practices in both JVs and SOEs. Finally we propose a framework for categorizing the companies investigated in terms of their distance from traditional 'iron rice-bowl' HR practices and proximity to 'imported' practices. This consists of two 'pure' and two hybrid categories: pure 'iron rice-bowl'; hybrid I (predominantly local); hybrid II (predominantly imported): and, finally, pure imported. In this schema, the companies examined do not however group neatly according to whether they are JVs or SOEs.