我国独资企业法律制度缺陷与完善设想

我国于1999年通过《个人独资企业法》，该法颁布后并未出现人们期待的个人独资企业迅猛发展的现象。虽然有诸多原因，但个人独资企业法律制度自身规定的不完善应是主要原因。因此完善该制度就成了一种现实的选择。     

Parallel sourcing and supplier performance in the Japanese automobile industry

Japanese auto makers are reported to enjoy high supplier performance through long-term relationships, specific investments, and sole sourcing. Quality management consultants in the U.S. have been strongly advocating adoption of these practices. But economic and management theorists would predict that the combination of a high level of relationship-specific investments and sole sourcing will lead to problems with supplier performance. In fact the Japanese auto makers use a hybrid form of organization we term parallel sourcing. We present a transaction costs model that shows how parallel sourcing provides incentives for supplier performance associated with multiple sourcing while preserving claimed benefits of sole sourcing.     

Stakeholders’ perception of defragmentation of new plots in a land consolidation project: Given the surprisingly different Slovak and Czech approaches

There is a fundamental difference in the way of merging the fragmented plots of one owner within a land consolidation (LC) in Slovakia (the Slovak Republic, SK) and the Czech Republic (CZ). All the scattered shares of a single owner in SK are merged into a minimum amount of new plots in the proportion of 1/1; the shares of one owner in CZ are merged only to a group of owners who are on the same ownership title.Through an LC project a Slovak owner automatically acquires sole ownership and the Czech one remains in an unchanged ownership in equal shares. Authors wondered what general public and the owners themselves in particular think of these two ways of merging. A simple online questionnaire for all surveyed groups (representatives of owners, public administration officials, LC designers/experts) for a virtual model territory was created. The results based on the questionnaire (563 responses, 10–25% estimated rate of return, were evaluated at the time of preparing the contribution) show that there is a clear preference (90–98%, estimated margin of error 5–16%) for the exclusive ownership. The (surprising) differences in merging as well as subsequent findings provoked an informed debate about the causes which is still pending.     

Bargaining power,decision making,and biofortification: The role of gender in adoption of orange sweet potato in Uganda

We examine the role of gender dimensions of intrahousehold bargaining power and decision making in the adoption and diffusion of orange sweet potato (OSP), a biofortified crop being promoted to increase dietary intakes of vitamin A in Uganda. We use patterns of ownership and control of land and other assets by married men and women to create gender-disaggregated indicators of bargaining power, allowing for joint and sole ownership and control of land and assets. Using data from an experimental evaluation of a project promoting OSP adoption, we find that the probability of adopting OSP is not affected by the exclusive or joint control of assets by women at the household level. However, within households, parcels of land under joint control, in which the woman has primary control over decision making, are significantly more likely to contain OSP. Women who control a higher share of household nonland resources are more likely to share OPS vines, showing that women use greater bargaining power to facilitate diffusion of this health-promoting technology. We do not find any impact of women’s bargaining power on children’s dietary intakes of Vitamin A, possibly because husbands and wives have the same preferences regarding their children’s nutritional status. These results contribute to reshaping our understanding of household decision making to inform the design and implementation of agriculture-nutrition interventions.     

网络交易平台服务商行为的垄断性分析——以淘宝商城为视角

淘宝商城作为一个网络交易平台的服务商,发布“新规”,大幅提高年费和保证金,该事件又引发对中国互联网产业在某些相关市场上的寡头垄断和滥用支配地位问题,本文以淘宝商城为例,系统地从反垄断法中的经营者、市场支配地位的界定及其相关市场的认定,与是否滥用市场支配地位等方面,来论证网络交易平台服务商行为能否构成垄断。     

自然人独资公司单位犯罪主体资格辨析

自然人独资公司不能等同于一人公司。在认定自然人独资公司犯罪主体时,应根据刑法条文及有关司法解释所规定的有关条件来加以认定,视自然人独资公司在设立、经营过程中的不同表现而区别对待。     

关联交易、公司治理与国有股改革——来自我国资本市场的实证证据

近年的大量恶性案例表明关联交易已经成为我国上市公司治理的一个严重问题。本文在全面分析1998—2 0 0 2年间我国上市公司关联交易总体状况的基础上,从不同角度考察了关联交易与股权结构之间的关系。研究结果表明,关联交易的发生规模与股权集中度显著正相关,持股比例超过10 %的控股股东数目的增加会降低关联交易的发生金额和概率。此外,控股股东间的制衡能力越强,发生关联交易的可能性越低、金额越小。这些发现为通过增加控股股东数目,改“一股独大”为“多股同大”来改善我国上市公司治理结构、保护投资者利益的改革思路提供了实证证据