Cocreating business's new social compact

Moving beyond decades of mutual distrust and animosity, corporations and nongovernmental organizations (NGOs) are learning to cooperate with each other. Realizing that their interests are converging, the two sides are working together to create innovative business models that are helping to grow new markets and accelerate the eradication of poverty. The path to convergence has proceeded in three stages. In the initial be-responsible stage, companies and NGOs, realizing that they had to coexist, started to look for ways to influence each other through joint social responsibility projects. This experience paved the way for the get-into-business stage, in which NGOs and companies sought to serve the poor by setting up successful businesses. In the process, NGOs learned business discipline from the private sector, while corporations gained an appreciation for the local knowledge, low-cost business models, and community-based marketing techniques that the NGOs have mastered. Increased success on both sides has laid the foundation for the cocreate-business stage, in which companies and NGOs become key parts of each other's capacity to deliver value. When BP sought to market a duel-fuel portable stove in India, it set up one such cocreation system with three Indian NGOs. The system allowed BP to bring the innovative stove to a geographically dispersed market through myriad local distributors without incurring distribution costs so high that the product would become unaffordable. The company sold its stoves profitably, the NGOs gained access to a lucrative revenue stream that could fund other projects, and consumers got more than the ability to sit down to a hot meal-they got the opportunity to earn incomes as the local distributors and thus to gain economic and social influence.     

注册体制下商标使用意图要件检视

商标使用意图要件是使用体制国家转向注册体制的关键,对在注册体制下维持和强调发挥商标作用所必需的使用义务以及对相对具体规则进行有效补充等方面具有不可替代性。据此,我国为规制频发的恶意注册和囤积行为,在商标法中增加了使用意图要件的规定,禁止缺乏使用意图的商标注册,并允许就此提出异议和申请无效宣告。然而,本次修改为保证商标法体系的稳定性而过于简略,很容易出现使用意图要件地位不明、意图认定困难、规则适用冲突等问题。对此,有必要在明确商标法注册体制下宣示性与规则性相结合条款与兜底性绝对无效理由条款的法律地位的基础上,吸收国内外实践和立法经验,细化完善意图声明审查、兜底性适用顺位、实际使用豁免无效以及由实际使用衔接注册审查与无效宣告等具体规则,从而增强我国使用意图要件的可操作性并使其发挥应有作用。     

跨国银行并表监管与金融隐私权的冲突及制衡

在金融全球化、金融一体化、金融自由化和金融集团化的趋势下,包括发达国家和发展中国家在内的很多实力雄厚的大银行纷纷走出国门,进行全球扩张和跨国并购,成为国际金融市场上的跨国银行.这种跨国银行的产生和经营给普通的银行监管带来挑战,为了避免对跨国银行监管漏洞的存在从而危及整个国际金融体系的稳健,巴塞尔委员会提出了跨国银行并表监管的核心监管原则.但是在母国具体实施跨国银行并表监管过程中,会遇到东道国保护金融隐私权的法律障碍.因此,由于金融信息披露和金融信息交流所引发的并表监管和金融隐私权保护之间的冲突是不可避免的,为了整个国际金融体系的稳定就必须对两者的冲突进行价值和机制制衡.     

道德风险:国有商业银行转型的困扰与挑战

在金融业中,与其他风险相比,道德风险最难控制。从披露的典型案例看,当前国有商业银行道德风险呈“长期交易、权力寻租、上下皆为、内外勾结、损失惊人”五大特征,其成因除了产权制度缺陷、治理结构失衡、激励机制扭曲、约束体系软弱、考核制度异化之外,由银行改制转型引起的文化缺失、心理恐慌、财务重组等则进一步加剧了道德风险。为此,必须遵循“由易到难、由表及里、由下而上、由形入神、由内向外、由近至远”六大原则,从完善治理机制、创新激励手段、培育治理文化、注重外部治理和重构股权结构等方面入手,积极探索抑制国有商业银行道德风险的有效方法与路径。     

体育教育发展的新趋势——发展和完善学生的个性

坚持"健康第一"的指导思想,激发和培养学生的运动兴趣,重视学生的主体地位,关注学生的个体差异和不同需求,重视学生个性的发展,是新课程《体育与健康》的基本理念。本文通过在体育教学改革中,教师有意识地激发学生的兴趣;培养学生的能力,满足学生个体差异和不同需求,达到发展学生个性的目的。     

Why European Banks Are Undercapitalized and What Should Be Done About It

Major European banks are significantly undercapitalized as compared to large American banks, and, more importantly, as compared to the capital levels they would need to survive another severe financial crisis. Bank capital shortfalls in Italy, Spain, Germany, France and the United Kingdom, in particular, are largely the consequence of European bank regulations that: (1) apply static risk weights to assets like mortgages and sovereign debt; (2) fail to require an overall market‐based capital ratio that is high enough to enable banks to survive a severe financial crisis; (3) fail to get banks to promptly write down their impaired assets to market value; (4) subject banks to weak stress tests that can create a false impression of capital adequacy; and (5) fail to compel banks to retain sufficient earnings and to raise sufficient capital externally to eliminate capital shortfalls promptly, all apparently out of fear that being tougher might cause investors and customers to lose confidence in the banks. This article summarizes important recent independent bank stress testing that has quantified the capital shortfalls in European banks. The recent highly publicized regulatory interventions to resolve failing European banks were inevitable due to these shortfalls. The authors recommend steps European bank regulators should take to address the problem and to eliminate the risk of serious capital shortfalls. In the absence of such steps, bank depositors, customers, and security holders should be prepared to expect further unwelcome surprises as the risks inherent in allowing undercapitalized banks to operate will continue to materialize in more bank failures.     

稳定土地承包关系视域下土地承包经营权继承的法理阐释与规范路径

土地承包经营权的身份性特征使得其继承与否无论在理论上、立法上还是实践上均未达成共识。土地三权分置改革在立法上的落实，使得土地承包经营权继承与否的问题转变成了土地承包权继承、土地经营权继承还是土地承包经营权继承的新分歧。土地承包经营权继承与否、如何继承，应当从法理基础、规范进路综合分析，平衡政策与法律之间的张力。土地承包经营权与土地承包权在法律属性上的同一性，决定了土地承包经营权继承等同于土地承包权继承。在继承规则构造上，坚持集体成员为权利主体，兼顾土地承包经营权的身份性，限定其继承主体为本集体成员。在继承方式上以法定继承为主，赋予尚未取得土地承包经营权的户内集体成员以优先性，遗产分割区分“分户”与“未分户”的情形，并予以变更登记。     

Effects of commitment on intentional loyalty at the person-to-person and person-to-firm levels

This study explores how customers’ affective commitment and calculative commitment to the personal adviser and bank, respectively, affect their intentional loyalty to the personal adviser and bank. Data were collected using a web survey of mass affluent customers of a major Swedish bank. Responses were measured and analysed using factor, correlation, and regression analyses. The results reveal that the person-to-person and person-to-firm loyalty categories are influenced by affective and calculative commitment to the personal advisor and by affective commitment to the bank, but not by calculative commitment to the bank. Moreover, there is a strong relationship between customer loyalty to the personal adviser and to the bank. It can be concluded that affective commitment has a stronger overall impact on customer loyalty than does calculative commitment, indicating the importance of creating affective ties with customers, and that personal advisers are central to bank – customer relationships. The importance of financial issues to mass affluent customers implies that both affective commitment and calculative commitment to the personal adviser are important in building customer loyalty to a bank or brand.     

Contrarian Profits and the Overreaction Hypothesis: the Case of the Athens Stock Exchange

This paper investigates the existence of contrarian profits and their sources for the Athens Stock Exchange (ASE). The empirical analysis decomposes contrarian profits to sources due to common factor reactions, overreaction to firm‐specific information, and profits not related to the previous two terms, as suggested by Jegadeesh and Titman (1995). Furthermore, in view of recent evidence that common stock returns are related to firm characteristics such as size and book‐to‐market equity, the paper decomposes contrarian profits to sources due to factors derived from the Fama and French (1993, 1996) three‐factor model. For the empirical testing, size‐sorted sub‐samples that are rebalanced annually are employed, and in addition, adjustments for thin and infrequent trading are made to the data. The results indicate that serial correlation is present in equity returns and that it leads to significant short‐run contrarian profits that persist even after we adjust for market frictions. Consistent with findings for the US market, contrarian profits decline as one moves from small stocks to large stocks, but only when market frictions are considered. Furthermore, the contribution to contrarian profits due to the overreaction to the firm‐specific component appears larger than the underreaction to the common factors.     

疫情危机与商业银行数字化对策研究

疫情危机的发生导致社会经济链条断裂,供应链流通受阻,并不断向上下游和其他节点传导,引爆诸多潜在的风险点,对社会经济产生巨大负面影响。本文以商业银行为例,研究疫情危机对商业银行的影响和管理危机的对策。研究表明,疫情危机的发生既是对社会经济秩序的一种破坏,同时也会在应对危机过程中催生出一些新的行业、产业或经营模式的变化。面对疫情危机,数字化不仅仅是商业银行应对危机的有效手段,更是商业银行转型升级的新方向。全面推进数字化对于其他行业应对疫情危机同样具有示范和借鉴意义。     

Corporate debt and financial balance sheet adjustment: a comparison of the United States, the United Kingdom, France and Germany

The level of UK corporate debt directly affects financial stability in the United Kingdom because a significant amount of the exposure of the UK financial system is to UK corporates. Our paper provides a comparison of the determinants of corporate debt in the United States, the United Kingdom, France and Germany. The comparison serves to benchmark our findings about the determinants of UK corporate debt. In addition, the UK financial sector is significantly exposed to the corporate sectors in the United States, Germany and France. The model assesses the contribution of investment, acquisitions, cash flows and market-to-book values to the determination of debt, and also the tendency of debt to revert to its optimum level. Debt was found to be positively related to the financing needs of the firm, and the optimum level of debt to be negatively related to the market-to-book ratio. This casts some light on the procyclicality of debt.     

The European flying geese: New FDI patterns for the old continent?

This article attempts to apply the flying geese metaphor to emerging foreign direct investment (FDI) patterns in Europe and the Mediterranean. Such a division of labour is at best at a nascent stage, given the overwhelming share of Western Europe in both inward and outward foreign direct investment flows. Because of these imbalances, special attention is to be paid to Central and Eastern Europe’s (CEE) potential, both in the group joining the European Union (EU) in 2004 and the rest of the subregion. For the former, middle-income countries, risks in investment promotion are related to uncertainty brought about by the transition to European Union’s acquis and an eventually too fast increase in production costs. Policy response to that requires a modernisation of both general and specific investment promotion policies, adjusted to the rules of the Union. For the rest of Central and Eastern Europe, the challenge is to adjust to the enlarged European Union and to improve the business and investment environment, in order to capture the foreign direct investment outflows of other European countries searching for optimum labour costs.     

The passive-aggressive organization

Passive-aggressive organizations are friendly places to work: People are congenial, conflict is rare, and consensus is easy to reach. But, at the end of the day, even the best proposals fail to gain traction, and a company can go nowhere so imperturbably that it's easy to pretend everything is fine. Such companies are not necessarily saddled with mulishly passive-aggressive employees. Rather, they are filled with mostly well-intentioned people who are the victirms of flawed processes and policies. Commonly, a growing company's halfhearted or poorly thought-out attempts to decentralize give rise to multiple layers of managers, whose authority for making decisions becomes increasingly unclear. Some managers, as a result, hang back, while others won't own up to the calls they've made, inviting colleagues to second-guess or overturn the decisions. In such organizations, information does not circulate freely, and that makes it difficult for workers to understand the impact of their actions on company performance and for managers to correctly appraise employees' value to the organization. A failure to accurately match incentives to performance stifles initiative, and people do just enough to get by. Breaking free from this pattern is hard; a long history of seeing corporate initiatives ignored and then fade away tends to make people cynical. Often it's best to bring in an outsider to signal that this time things will be different. He or she will need to address every obstacle all at once: clarify decision rights; see to it that decisions stick; and reward people for sharing information and adding value, not for successfully negotiating corporate politics. If those steps are not taken, it's only a matter of time before the diseased elements of a passive-aggressive organization overwhelm the remaining healthy ones and drive the company into financial distress.     

How to implement a new strategy without disrupting your organization

Throughout most of modern busi ness history, corporations have attempted to unlock value by matching their structures to their strategies: Centralization by function. Decentralization by product category or geographic region. Matrix organizations that attempt both at once. Virtual organizations. Networked organizations. Velcro organizations. But none of these approaches has worked very well. Restructuring churn is expensive, and new structures often create new organizational problems that are as troublesome as the ones they try to solve. It takes time for employees to adapt to them, they create legacy systems that refuse to die, and a great deal of tacit knowledge gets lost in the process. Given the costs and difficulties involved in finding structural ways to unlock value, it's fair to raise the question: Is structural change the right tool for the job? The answer is usually no, Kaplan and Norton contend. It's far less disruptive to choose an organizational design that works without major conflicts and then design a customized strategic system to align that structure to the strategy. A management system based on the balanced scorecard framework is the best way to align strategy and structure, the authors suggest. Managers can use the tools of the framework to drive their unit's performance: strategy maps to define and communicate the company's value proposition and the scorecard to implement and monitor the strategy. In this article, the originators of the balanced scorecard describe how two hugely different organizations--DuPont and the Royal Canadian Mounted Police-used corporate scorecards and strategy maps organized around strategic themes to realize the enormous value that their portfolios of assets, people, and skills represented. As a result, they did not have to endure a painful series of changes that simply replaced one rigid structure with another.     

论科学发展中国特色审计

当前,国家审计机关学习贯彻落实党的十七大精神,就是要紧密围绕十七大精神,紧密联系审计实际,大力推进中国特色社会主义审计科学发展。本文围绕贯彻科学发展观树立中国特色审计科学思想、围绕坚持中国特色道路创立中国特色审计理论体系、围绕实现小康目标要求确立中国特色审计发展策略、围绕促进经济好快发展探索中国特色审计监督新路、围绕发展政治文化社会发挥中国特色审计职能作用、围绕推进党建伟大工程强化中国特色审计队伍建设等方面进行粗浅探讨,以此期能对科学发展中国特色审计事业起到积极促进作用。     

化解省属高校贷款债务政策研究

从对高校贷款债务的研究方式来看,现有的研究方式显得比较单一。研究方法多属于理论研究,缺乏实证研究,研究的成果往往不容易转化为实践。正因如此,进一步推动高校贷款的理论研究和实证研究的充分结合就显得十分必要。应该增加运用实证研究方法的比重,保证研究的客观性和规范性,本文试图从政府角度研究解决高校贷款问题提出具体的方案和对应的实施细则,对高校如何控制贷款的风险和多大程度上控制贷款风险提供可操作性的办法,更为国家和政府如何调整高校贷款政策、规范高校贷款行为提供必要的参考和借鉴。     

经济结构调整与县支行信贷结构转型——以线缆行业和工行无为支行为例

中国经济增长方式的深层转变引致电信电缆行业从高速增长转向"质变"的调整阶段。无为的线缆行业作为当地的支柱产业曾为工商银行无为支行的发展做出巨大贡献,但目前该行业的过高集中度及其发展放缓趋势已经给无为支行带来较大的挑战。无为支行应采取渐进、有序的分步调整策略,实现由公司信贷向公司金融、高资本占用型业务向低资本占用型业务的转变,同时加快转变收入结构。从总行层面来看,则需要进一步重视信贷结构转型的县域基础,加大对县支行的研究帮扶力度,加大总省行和县支行的双向交流,并合理把握信贷结构调整的有利时机。     

发行高新技术企业高收益债券的探讨

发行高新技术企业高收益债券有利于培育和发展战略性新兴产业、解决技术创新融资困境、深化金融改革、丰富科技和金融结合的内涵。目前我国发行高新技术企业高收益债券的条件已经具备,时机已经成熟,建议适时推出。与此同时,我国还需要在发行和交易规则、配套制度建设以及推动形成规范统一的债券市场等方面给予前瞻性关注。     

对当前和今后一个时期我国注册会计师事业发展的若干思考——国办56号文件发布一周年有感

本文认为,在当前和今后一个时期,全面贯彻国办56号文件精神要牢牢把握重点扶持大型会计师事务所加快发展、积极促进中型会计师事务所健康发展、科学引导小型会计师事务所规范发展这三条主线,认真抓好法规完善、做大做强、推进转制、行政审批、分类监管、业务拓展、系统建设、国际合作、战略研究、经验交流等十方面的重点工作,同时进一步夯实五大支柱,即人才为本、法制为基、准则为要、理论为先、信息化为支撑。     

Building better boards

Companies facing new requirements for governance are scrambling to buttress financial-reporting systems, overhaul board structures--whatever it takes to comply. But there are limits to how much good governance can be imposed from the outside. Boards know what they ought to be: seats of challenge and inquiry that add value without meddling and make CEOs more effective but not all-powerful. A board can reach that goal only if it functions as a high-performance team, one that is competent, coordinated, collegial, and focused on an unambiguous goal. Such entities don't just evolve; they must be constructed to an exacting blueprint--what the author calls board building. In this article, Nadler offers an agenda and a set of tools that boards can use to define and achieve their objectives. It's important for a board to conduct regular self-assessments and to pay attention to the results of those analyses. As a first step, the directors and the CEO should agree on which of the following common board models best fits the company: passive, certifying, engaged, intervening, or operating. The directors and the CEO should then analyze which business tasks are most important and allot sufficient time and resources to them. Next, the board should take inventory of each director's strengths to ensure that the group as a whole possesses the skills necessary to do its work. Directors must exert more influence over meeting agendas and make sure they have the right information at the right time and in the right format to perform their duties. Finally, the board needs to foster an engaged culture characterized by candor and a willingness to challenge. An ambitious board-building process, devised and endorsed both by directors and by management, can potentially turn a good board into a great one.