论物保与人保并存纠纷中债权实现之顺位——以近五年来类案实证研究为基础

当前,物保与人保并存纠纷不断涌现，相关裁判时常冲突，引发社会关注。围绕当前物保与人保并存纠纷债权实现条款模式、关于物保与人保并存债权实现顺位之理解、债权人是否放弃物保之认定等相关问题，对近五年来最为主要的类案进行实证分析与比较研究可见，处理物保与人保并存纠纷，应当根据物保相对优先的精神，对保证人是否就放弃物保优先抗辩权重点作出判断，据此就物保与人保提供者的责任顺位作出正确裁决。     

Risk Preferences and Gender Differences in Union Membership in Late Nineteenth-Century Swedish Manufacturing

Women are generally seen as less inclined to join trade unions. This study matches firm–worker data from the Swedish cigar and printing industries around 1900 and examines information on men and women holding the same jobs; such data are rare but important for understanding gender gaps. The results explain the gender gap in union membership among compositors, but not among cigar workers. Differences in union membership varied considerably across firms, with the largest differences found in low-union-density cigar firms where indirect costs (that is, uncertainty and risk) accrued in particular to women workers. The lack of gender differences in mutual aid membership indicates that women were not hard to organize but avoided organizations associated with greater risk for employer retaliation and uncertain returns according to a cost–benefit analysis.     

三维视角下农民土地财产权的实现

研究目的:从时间性、社会性、空间性三维解读农民土地财产权的基本特征,进而探究其实现路径。研究方法:规范分析法、文献研究法。研究结果:(1)农民土地财产权由国家配置,呈现出开放性结构;(2)农民土地财产权本质上具有关系性,负有社会功能;(3)农民土地财产权受土地属性限制,在个人自治与公共利益互动平衡中动态发展。研究结论:农民土地财产权需要双重实现,公法上可以从基本权利的功能入手限定国家干预范围;私法上确立其独立民事权利地位,并借助集体成员概念明确成员权利和成员义务。     

Economic Competition,Policy Interdependence,and Labour Rights

Extant scholarship treats national policies concerning labour rights as a function of economic factors and yet neglects influences of policies among economically competing states. Relying on the policy interdependence theory, this study argues that labour rights policy in a state is dependent on its economic competitors’ labour policy decisions. It specifically maintains that the intensifying competition for foreign direct investment and exports as well as against imports channels negative externalities of deteriorating labour protection in competing states which drives expansive downward policy mimicking and leads to a global decline in labour rights – a race to the bottom. Utilising spatial econometric technique to analyse a new data on labour rights for the period 1994–2009, it finds that labour rights practices are interdependent among economic competitors and experience global deteriorations; whereas labour rights laws remain largely independent due to high policy and reputational costs of lowering them and show more fluctuations.     

Does forced migration increase regional human rights commitment? The cases of Malaysia and Thailand in ASEAN

ABSTRACT

Why do non-democratic governments commit to human rights on a regional level? We argue that the negative externalities of political repression, operationalized as large amounts of transnational refugee flows, affect states’ willingness to commit to human rights. Neighbouring governments commit to human rights to send a signal to their repressive neighbours that repression will no longer be tolerated. We use official UNCHR data, a number of other secondary sources, as well as congruence analysis and process tracing to demonstrate the relevance of the theory for the Association of Southeast Asian Nations (ASEAN) and Malaysia and Thailand in particular.     

银行持股真的可以促进企业创新吗?——基于产权性质与R&D投资异质性视角的检验

银行作为股东和债权人的特殊双重身份影响企业的投资决策。以深圳证券交易所中小企业板的高新技术企业为样本，从产权性质和R&D投资异质性视角研究银行持股对创新的影响。研究发现：（1）银行持股可以促进企业创新投入；（2）银行持股可以促进民营企业创新，但对于国有企业的促进作用并不显著；（3）银行持股可以促进企业进行探索式创新，但对于开发式创新的促进作用并不显著。     

The law and ethics of big data analytics: A new role for international human rights in the search for global standards

The Economist recently declared that digital information has overtaken oil as the world’s most valuable commodity. Big data technology is inherently global and borderless, yet little international consensus exists over what standards should govern its use. One source of global standards benefitting from considerable international consensus might be used to fill the gap: international human rights law. This article considers the extent to which international human rights law operates as a legal or ethical constraint on global commercial use of big data technologies. By providing clear baseline standards that apply worldwide, human rights can help shape cultural norms—implemented as ethical practices and global policies and procedures—about what businesses should do with their information technologies. In this way, human rights could play a broad and important role in shaping business thinking about the proper handling of this increasingly valuable commodity in the modern global society.     

Copyright: a systemic marketplace icon

This article argues that copyright is a systemic marketplace icon because of the breadth of its effects on market operations. Copyright determines how intellectual property rights for creative work are allocated between the different actors involved in production and consumption, and must balance the civic priority of public access to creative work with the market-driven principle of rewarding private interests for their effort. This duality tends to polarise opinion about its implementation by rights holders, because very different ideological assumptions underpin civic and market objectives. Copyright discourses reveal how these ideological struggles play out among interested parties, who use the concept of copyright to make arguments about how markets should be structured, how creative work should be exchanged, and how consumers should behave. In the process, copyright is constructed, explained, branded and promoted as an object to which market actors must orient themselves if they wish to conduct themselves appropriately, and as a rationale for material changes to market structures. At the same time, copyright discourses reveal the implications of copyright, which invoke both the market and democracy, for the quality of democracy, the circulation of creativity, and the availability of public knowledge, and help explain why ideological struggles over copyright are so difficult to resolve.     

农村集体经营性建设用地流转模式再审视：基于产权让渡与市场化的视角

研究目的:厘清集体经营性建设用地流转模式,推进集体建设用地入市改革。研究方法:以产权让渡及市场化为视角,采用矩阵分类法划分集体经营性建设用地流转模式,剖析不同流转模式特征与演进路径。研究结果:基于本研究视角可将集体经营性建设用地流转划分为6种模式,不同模式具有不同特征、运行条件、优缺点及收益分配格局,且其存在关联并遵循一定的演进规律。研究结论:规范市场下农地发展权及使用权流转模式将是当前改革的方向,需从法律法规上明确农地发展权相关规定;不同地区需因地制宜地选择流转模式及类型,探索具体实施办法,循序渐进推进流转改革与创新。     

From First Canoe to Statehood: Eight Hundred Years of Economic and Political Change in Hawaii

The Hawaiian archipelago was the last major land area on the planet to be settled, with Polynesians making the long voyage just under a millennium ago. Building on new archaeological and historical research, the lecture provides an overview of the economic and political history of Hawai‘i from the first Polynesian settlements in the thirteen century through U.S. colonisation and statehood. The analysis considers how the political and economic institutions that emerged and evolved in Hawai‘i during its centuries of global isolation changed in response to Hawai‘i's post-1778 integration into a new world of global markets and colonial politics.