建设工程业主与承包商招标后合同价格谈判的博弈分析

本文目的在于对业主和承包商在招投标后的合同谈判机理进行研究。对于经过招标的合同谈判，招标活动分两种情况，第一种情况为公开招标，第二种情况为邀请招标。对公开招标，本文指出了垄断性围标对于业主的风险，并且将存在寡头及多头竞争的公开招标并入邀请招标进行研究。在邀请招标情况下，假设业主根据各方报价和技术标得分，选定某一家单位作为合同谈判对象。对在各种信息对称、不对称情况下，对于双方的序贯博弈过程进行分析。     

业权实现与交易成本——以《物权法》为视角

本文从《物权法》所设定的商品房住宅小区业主委员会的权益出发,通过对业主权利实现成本的诸方面分析,提出了业权实现中制度安排的调整设想。     

业权实现与交易成本——以《物权法》为视角

本文从《物权法》所设定的商品房住宅小区业主委员会的权益出发,通过对业主权利实现成本的诸方面分析,提出了业权实现中制度安排的调整设想。     

An analysis of majority owner‐managed companies in the UK

This paper investigates the characteristics of 73 UK companies in which managers have an ownership stake of greater than 50 per cent. We find that majority owner‐managed companies make less use of alternative corporate control systems and are less likely to remove their chief executive officer or other board members following poor performance. However, our sample firms actually outperform diffusely held companies of similar size in the same industry. The determinants of majority control appear more closely related to the characteristics of the controlling shareholders rather than the firm's operating environment. Changes in the ownership structure of our sample companies owe more to changes in owner‐specific characteristics and security issuance than they are related to changes in the company's operating environment or company performance. We conclude that despite the obvious agency costs of managerial entrenchment for closely held companies, for the present sample at least the incentive alignment benefits of large director shareholdings are beneficial to outside shareholders.     

城市社区业主委员会发展困境与对策

随着我国经济发展和社会管理的复杂化,多元主体、社区治理是现代社会基层管理的必然方向,业主委员会这一公民自治组织将成为重要的社会互动载体。本文通过梳理社区自治理论及公共治理理论,描述社区业主委员会发展现状并分析其困境,尝试提出突破业主委员会发展瓶颈的对策建议。     

Characteristics and goals of family and owner-operated businesses in the rural tourism and hospitality sectors

This research examines goals pertaining to start-up, operations, the family, and ultimate disposition of the enterprise by family and owner-operated businesses in the rural tourism and hospitality sectors. The sample is from a survey in rural Western Australia. A large majority of respondents were from middle-aged couples, new to the business, with strong motivation to live and work in the countryside. Lifestyle and family-related goals were predominant, but there was also recognition that the business had to be profitable. Most respondents were uncertain about the ultimate disposition of their business; only about one-third had definite succession plans to involve children or other family members. Implications are drawn for business and destination development.     

论业主民事权利的诉讼实现

摘要：近几年物业纠纷诉讼案件的数量呈不断上升的趋势，但相当数量的案件并非真正意义上的业主与物业服务企业间因物业服务而产生的权利义务纷争，而是由于业主对自身权利内容的错误认识及诉讼实现途径的错误选择形成的物业纠纷案件。为使业主及相关权利冲突主体全面了解和掌握与不动产物业持有和利用相关的民事权利，从而能够正确选择实现民事权利的诉讼实现方式，减少权利实现成本和诉讼资源的浪费，本文从我国现行法律制度对业主持有和利用不动产权利的规定入手，重点对业主的建筑物区分所有权和相邻权等物权的诉讼实现方式，以及业主商品房买卖、供用能源、物业服务合同等合同债权的诉讼实现方式进行概括阐释。     

Impact of owner involvement on innovation in large projects: Lessons from power plants construction

Innovation in complex engineering projects is hampered by information asymmetries which attend joint problem solving by owners and external organizations. This uncertainty creates additional informational asymmetries between owners and firms engaged in designing, building, and supplying projects. Industrial marketing suggests that overcoming these asymmetries is easier when owners are knowledgeable and part of the design process. We examine whether the same proposition holds for innovation in complex engineering projects. We focus on the relationship between innovativeness of complex engineering projects and internal owner capabilities. We test hypotheses derived from agency and organization theories of innovation. Our results indicate that projects where owners have internal capabilities are generally less innovative than projects where owners lack internal capabilities.     

Do owner–operators pose a safety risk on the nation’s highways?

Despite persistent claims in the motor carrier industry of poorer safety performance of owner–operators, there is little empirical work directly comparing owner–operator safety performance to that of employee drivers. This study assesses the statistical significance of differences in the safety performance between owner–operators and employee drivers. This study also expands on previous driver focused safety models by examining how driver and carrier characteristics affect safety performance. Data for this study were derived from the Motor Carrier Management Information System (MCMIS), and the Commercial Driver’s License Information System (CDLIS) databases. Study results provide evidence that owner–operators are associated with more driver- and vehicle-out-of-service violations but experience lower crash rates than do employee drivers.     

论业主民事权利的诉讼实现

近几年物业纠纷诉讼案件的数量呈不断上升的趋势,但相当数量的案件并非真正意义上的业主与物业服务企业间因物业服务而产生的权利义务纷争,而是由于业主对自身权利内容的错误认识及诉讼实现途径的错误选择形成的物业纠纷案件。为使业主及相关权利冲突主体全面了解和掌握与不动产物业持有和利用相关的民事权利,从而能够正确选择实现民事权利的诉讼实现方式,减少权利实现成本和诉讼资源的浪费,本文从我国现行法律制度对业主持有和利用不动产权利的规定入手,重点对业主的建筑物区分所有权和相邻权等物权的诉讼实现方式,以及业主商品房买卖、供用能源、物业服务合同等合同债权的诉讼实现方式进行概括阐释。