浅析新型工业化过程中的收入分配不公

改革开放20几年来,中国经济发展取得了举世瞩目的成就,但伴随着经济发展的同时,我国收入分配领域出现了收入差距拉大的现象,并且这种现象已成为社会各界普遍关注的焦点。从我国目前收入分配的现状入手,深刻分析了产生这种现象的历史原因和制度原因,探讨解决收入分配不公的措施。     

Behavioural Economics in Unfair Contract Terms

The domain of behavioural law and economics is winning increasing attention also in the field of consumer policy. How the insights of behavioural law and economics can be used in policy remains, to a large extent, unclear. In this article, the following question is asked: “To what extent can the insights from the behavioural literature be applied in a way to formulate concrete suggestions to policy makers?” The authors show that many of the findings of the behavioural literature are very context-specific and hence apply only with respect to particular products or services and particular consumer groups. Formulating general policy conclusions is therefore difficult. However, as far as the specific domain of standard form contracts is concerned, the authors argue that the behavioural literature has shown that the traditional remedy (mostly resulting from information economics), being to focus on information disclosure will not be able to remedy market failures resulting from failing information and the "signing-without-reading-problem." Hence, more substantive forms of intervention in standard form contracts (e.g., resulting from collective bargaining) may be indicated as a remedy.     

市场营销中不正当竞争行为研究

近年来,随着中国市场经济的不断向前发展,竞争环境日益激烈,随之而来的就是不正当竞争行为也逐渐增多。面对这些不正当的竞争行为,在市场营销中人们该何去何从呢?笔者立足于市场发展规律,将市场营销中的不正当竞争行为进行分类,分别对其含义、理论、价值取向、研究意义以及特征等进行了详细的叙述,并且系统地针对在市场营销促销策略中出现的一些不正当行为进行了描述,旨在可以有效地避免在市场营销过程中发生类似不正当竞争行为,从而为正确开展市场竞争提供切实可行的理论借鉴和依据。     

国际反倾销不公平性及我国的对策

<正>反倾销是历经GATT八轮谈判而被保留下来的合法的贸易保护手段,加之反倾销申诉的便利性、技术上的灵活性、裁决上的较大主观性及其易胜性,使得各国对于反倾销这一贸易保护措施过于青睐。合理使用反倾销手段对于防止不正当竞争,维护国际贸易的正常运行是必要的。但现实情况是,很多国家尤其是发达国家一直在滥用着这一"合法"的保护手段。     

国外对我国反倾销中的不平等待遇

反倾销是当今国际贸易摩擦的一个热点，是新贸易保护主义主要的非关税壁垒工具，在各国贸易保护政策中的地位已越加突出，并且日益引起世界各国尤其是发展中国家的重视。面对国外对我国出口产品反倾销中的不平等待遇，我们应认清国外对我国反倾销的问题，采取有效措施，这对于我国出口产品屡遭国外反倾销的现状具有现实意义。     

显失公允的倾销幅度裁定过程探析

倾销幅度测算是裁定倾销以及实施反倾销措施的依据和基础。将正常价值和出口价格进行比较从而确定倾销幅度的过程,看似简单,实则复杂而繁琐。测算过程中每个阶段的不同操作,都会导致完全不同的测算结果,而不同的结果又会对出口企业的利益产生重大的影响。因此,为掌握反倾销规则以实例分析了美国在进行倾销幅度测算时的具体做法。     

我国非公平经济增长的表现及其政策破解

20世纪90年代以来,一方面中国经济高速增长,另一方面东西部、城乡贫富之间的差距进一步扩大.从宏观政策层面来审视,国家政策的非中立性和制度资源配置不均是导致我国非公平经济增长的根本原因.鉴于此,可以采取一定的措施,允许个别地方制定相应的政策来弥补中央重大决策在保持"中立"方面的不足,运用地方性政策加以补充.同时,通过完善公共财政体系和税收调节收入分配等措施来实现公平的经济增长,最终实现可持续发展.     

The Protection of Lithuanian Consumers against Unfair Contract Terms

Lithuania joined the European Union in 2004. This paper presents the outcome of a research project on the protection provided to Lithuanian consumers by the legislation adopted to transpose the provisions of Directive 93/13/EEC on unfair contract terms into national law. This research was supported by the Eurofaculty of Vilnius University in May/June 2005.     

Corporate Psychopaths,Bullying and Unfair Supervision in the Workplace

This article reports on empirical research that establishes strong, positive, and significant correlations between the ethical issues of bullying and unfair supervision in the workplace and the presence of Corporate Psychopaths. The main measure for bullying is identified as being the witnessing of the unfavorable treatment of others at work. Unfair supervision was measured by perceptions that an employee’s supervisor was unfair and showed little interest in the feelings of subordinates. This article discusses the theoretical links between psychopathy and bullying and notes that little empirical evidence confirms the connection in management research. The sample of 346 Australian senior white collar workers used in the research is described as is the measure of behavior for identifying psychopaths. The findings are then presented and discussed showing that when Corporate Psychopaths are present in a work environment, the level of bullying is significantly greater than when they are not present. Further, that when Corporate Psychopaths are present, supervisors are strongly perceived as being unfair to employees and disinterested in their feelings. This article concludes that around 26% of bullying is accounted for by 1% of the employee population, those who are Corporate Psychopaths.     

Unfair Contract Terms Under Greek Law: Case Law Developments

This note examines a decision by the Greek Supreme Court which offers an interpretation of the unfair term provision in consumer protection law. The case concerned a class action by a consumer organization against a commercial bank. The decision makes a breakthrough in two related respects. First, the Court not only interprets the national law in the light of the EU Directive on Unfair Contract Terms, but also adopts rules of interpretation and reasoning that run parallel to the latest European discussion on unfair contract terms. Second, in an unprecedented manner for Greek case law, it declares a large number of contractual clauses to be unfair, hence broadening consumer protection significantly. Most commercial banks in Greece are now under an obligation to modify their pre-formulated contracts in order to comply with the Court's interpretation of the provision on unfair terms in the Consumer Protection Act.     

Export credit insurance-a comparison

Incessant growth of world trade and of overseas investments, and the shirts In their structure, are reflected In changes affecting International trade relations. The present article discusses the rising political and economic risks to which exports are exposed, and the consequent growth of demand for insuring export credits and direct Investments.     

Consumer credit search behaviour

The study applies Stigler's economic model of information to the external search for a popular financial service — consumer credit — and seeks to explore factors associated with diverse consumer search behaviour. Logistic regression analysis was used. The empirical analysis revealed findings similar to those of several product information search studies. Consumers engage in little information search. Large expenditure (in this study, the size of loan) and education have significantly positive effects on credit search. Income has a curvilinear effect on search. Implications of these results may contribute to consumer education, public policy making and future research.     

Trade credit versus bank credit: a simultaneous analysis in European SMEs

Small Business Economics - Trade credit and bank credit constitute two of the most important external sources of finance for small firms. The purpose of this paper, first and foremost, is to...     

Job allocations as cultural sorting in a culturally diverse organizational context

This study addresses the inadequacy of the career and diversity literatures in explaining the dynamics of job allocations in a culturally diverse organizational context. In order to better understand this topic, we conducted a qualitative study involving personal interviews with 50 Emiratis and international employees who worked in managerial positions in the United Arab Emirates (UAE). The purpose of the study was to explore the unique challenges associated with managing a culturally diverse workforce and explore the role of culture in allocating jobs among employees with diverse cultural backgrounds. Despite the perceived value of having a culturally diverse workforce, our findings indicate a lack of effective diversity management strategies for dealing with challenges and issues associated with a high level of cultural diversity in the participating organizations. This study provides insights into the impact of cultural/nationality-based stereotypes on job allocations as well as on organizational outcomes. Based on the findings, we discussed implications for research and practice and as well as for policy makers.     

Unfair Terms in Contracts: Proposals for Reform in the UK

The English and Scottish Law Commissions have made radical proposals for simplifying UK law on unfair terms in consumer contracts, combining the Regulations that implement the Directive and the earlier legislation into a single instrument that is to be written in language that would be clear and accessible to consumers and businesspeople. The article discusses some of the difficult policy choices involved in combining the different approaches of the two existing instruments, what is needed in order to make the legislation understandable to the lay person, and the extent to which the case of Commission v The Kingdom of the Netherlands requires Member States to use the language of the Directive when implementing it. The Law Commissions also proposed to extend the broader controls found in the Directive to business-to-business contracts, but the proposals did not find favour with the business community.     

Fairness and Consumer Decision Making under the Unfair Commercial Practices Directive

This article analyses the unfairness concept from the Unfair Commercial Practices Directive (UCPD). It considers why the nature and level of protection is particularly important given the range of coverage of the regime and the Europeanisation agenda. It argues that the UCPD concept provides the potential for a relatively protective approach to consumer decision making. At the same time, it emphasizes that realisation of this potential is partly dependent on recognizing the limits of transparency as a protective tool and in understanding the “professional diligence” and “average consumer” concepts in particular ways. It is further suggested that the protective potential of the regime is not necessarily undermined by the “average consumer” concept or by the “informed decision-making” paradigm of the general unfairness clause. Indeed, the general clause may be capable of extending the protective effects to some extent. Finally, it is suggested that regulators may have a key role to play in maximizing both the level of protection and the prospects for a genuinely common European approach.