商业贿赂犯罪的成因与对策探析

我国正处于社会转型期,商业贿赂犯罪的不断蔓延给我国经济、政治、文化造成了日益严重的现实危害和潜在威胁。由此,本文立足于当前我国商业贿赂犯罪的现状和特点,从经济、政治、法制、文化方面具体剖析了商业贿赂犯罪形成和发展的原因:市场竞争存在缺陷和供求失衡的影响;政治腐败的滋长和权力寻租;立法、执法和司法中存在缺陷;多元文化冲突和商业领域的亚文化。在此基础上,本文提出了与商业贿赂犯罪成因相对应的综合治理对策,包括深化体制改革,建立透明政府;加强廉政建设;完善惩治商业贿赂犯罪的刑事立法;建立查处商业贿赂的协作机制;完善市场诚信体系建设。本文将商业贿赂犯罪的成因分析和治理对策置于个人与社会的互动过程中,期望通过多视角的分析,对商业贿赂犯罪的综合治理提供一些借鉴。     

Information shares of two parallel currency options markets: Trading costs versus transparency/tradability

This paper studies whether trading costs or transparency/tradability are more important to price discovery using a unique dataset of currency options that trade simultaneously in two parallel markets. The Over-The-Counter (OTC) market is characterized by sophisticated investors, low trading costs, and low transparency/tradability compared to the Tel-Aviv Stock Exchange (TASE). Pricing errors are much larger on the TASE and the information share of the OTC market is significantly larger than that of the TASE by various information share measures, showing that trading costs and trader type have a first-order effect on price discovery while transparency/tradability have a second-order effect.     

On the benefits of allowing CEOs to time their stock option exercises

This article examines the costs and benefits of permitting executives to use inside information to time their stock option exercises. Whereas prior research has focused on the negative effects of timing discretion, I show that such discretion can have beneficial incentive effects in that it leads to improved project abandonment decisions. This result follows because at‐the‐money options used to induce managerial effort tilt the CEO's preferences toward project continuation. When the CEO is free to unload stock options at will, he will do so exactly in those states where the continuation bias is most detrimental (i.e., in the event of bad news), making the CEO willing to abandon the project.     

Silence can be golden: On the value of allowing managers to keep silent when information is soft

Most information that public firms are required to disclose is relatively hard (e.g., historical information), whereas the disclosure of relevant information that is softer in nature (e.g., forward-looking information) is typically left to firms' discretion. The lack of a mandatory requirement to disclose soft information has been at the heart of a number of on-going accounting debates. This study shows that while mandating disclosure increases the frequency of disclosure, it results in a reduction in disclosure quality when information is soft. By exploring this tradeoff, the paper sheds light on the merits of restricting mandatory disclosure requirements to verifiable information and leaving disclosure of soft information unregulated. The value of leaving disclosure unregulated is shown to be maximized when managers are given bonus-based compensation, with minimum performance thresholds and maximum caps, similar to those documented in the literature.     

Corporate Disclosure in Relation to Combating Corporate Bribery: A Case Study of Two Chinese Telecommunications Companies

This paper investigates the association between global community concerns about bribery activities and anti‐bribery disclosure practices by two Chinese telecommunication companies operating internationally, namely China Mobile and ZTE. Based on content analysis of annual reports and global news media articles over a period of 16 years from 1995–2010, the findings suggest that the changes in the level of disclosures by the two major Chinese telecommunications companies were closely associated with the level of international concerns over bribery practices within the Chinese telecommunications industry. This finding indicates that the companies adopt anti‐bribery disclosure practices in order to minimise the gap of trust (social capital) between companies themselves and global stakeholders. In this paper we argue that, for domestic companies in China, culturally constructed social capital, such as guanxi, creates a level of trust between managers and their stakeholders, which obviates the need for managers to disclose anti‐bribery performance information. However, for companies operating internationally, as social capital is inadequate to bridge the gap of trust between managers and global stakeholders, managers use disclosures of anti‐bribery performance information as a way to minimise such a gap.     

Auctions versus negotiations: the effects of inefficient renegotiation

For the procurement of complex goods, the early exchange of information is important to avoid costly renegotiation. If the buyer can specify the main characteristics of possible design improvements in a complete contingent contract, scoring auctions implement the efficient allocation. If this is not feasible, the buyer must choose between a price‐only auction (discouraging early information exchange) and bilateral negotiations with a preselected seller (reducing competition). Bilateral negotiations are superior if potential design improvements are important, if renegotiation is very costly, and if the buyer's bargaining position is strong. Moreover, negotiations provide stronger incentives for sellers to investigate design improvements.     

Upfront versus staged financing: the role of verifiability

We compare upfront and staged financing to see when and how one financing policy prevails over the other. In our model, there are two moral hazard problems that interact with each other. First, the entrepreneur may pursue his own private benefit out of the raised fund in the initial period. Second, the entrepreneur may shirk on project evaluation at the refinancing stage if the project is stage-financed. When the entrepreneur's effort for project evaluation is verifiable, the project may be stage-financed even if the cost of evaluating effort exceeds the value of information (over-evaluation). When such effort is unverifiable, the project may be financed upfront even if the value of information exceeds the cost of evaluating effort (under-evaluation).     

Capitalization versus Expensing: Evidence on the Uncertainty of Future Earnings from Capital Expenditures versus R&D Outlays

We propose and implement a new method to estimate the relation between R&D investments and the uncertainty of future benefits from those investments. The empirical analysis compares the relative contributions of current investments in R&D and PP&E to future earnings variability using a sample of roughly 50,000 firm-year observations from 1972–1997. Evidence is strongly consistent with the hypothesis that R&D investments generate future benefits that are far more uncertain than benefits from investments in PP&E. Our results should help the current discussion on accounting for R&D and the methodology might be helpful in standard setting in other contexts as well.     

One-bank holding company formation and the 1970 Bank Holding Company Act Amendment: An empirical examination allowing for industry group effects

The current study attempts to resolve the apparent empirical inconsistencies concerning the combined effect of the passage of the Bank Holding Company Act Amendment of 1970 and the formation of one-bank holding companies (OBHCs) found by Billingsley and Lamy (1984) on one hand and Martin and Keown (1981), Aharony and Swary (1981), and Eisenbeis, Harris and Lakonishok (1984) on the other hand. In the present study we demonstrate that the findings of Billingsley and Lamy of a major impact on OBHCs resulting from the 1970 Amendment reflect an ‘industry specific’ factor induced into their findings by calendar date clustering of the OBHC formation dates. When a banking industry group effect is allowed the results of Billingsley and Lamy simply disappear. Thus, the results of this paper suggest that the latter group of authors was correct in suggesting that neither OBHC formation nor the 1970 Amendments have prompted a change in the risk-return characteristics of the affected banks.     

Liquidity protection versus moral hazard: the role of the IMF

A game between the IMF, a country and atomistic private investors is motivated by recent crises including that in Argentina. The one stage game has no Nash equilibrium in pure strategies. Considering an equilibrium in mixed strategies, conditions are derived on whether the IMF should exist. A “cooperative first best” may be supported in a repeated game by a “minimum punishment strategy” but breaks down as the probability of insolvency rises. Countries are likely to deviate in bad times placing the IMF in an “impossible position”. The international financial architecture (IFA) remains incomplete.     

Disclosure versus recognition: the case of expensing stock options

The SFAS 123R comment process generated over 6,500 comment letters, most of which were against the standard’s enactment. This outpouring of emotion indicates that many believe that disclosure versus recognition matters. Our paper provides evidence for the debate whether managers’ discretion, motivation, and accuracy of stock option estimates differ under the recognition and disclosure reporting regimes. We compare firms that are mandatorily forced to recognize stock options expense with those voluntarily choosing to do so. First we find that mandatory firms (versus voluntary) with more intensive stock option granting tend to understate option estimates, especially in the post SFAS123R period. Our results suggest that a higher recognition cost motivates firms for doing so. Second, we find that mandatory firms with lower future operating risk have better accuracy in the post SFAS123R period, as compared to themselves in the pre SFAS123R period and voluntary firms in the post SFAS123 period. Our results support the notion that the informativeness of option estimates explains the level of accuracy. The findings of this paper add to the debate on the benefits of recognizing stock option expenses.     

Methods versus substance: Measuring the effects of technology shocks

Calibration and modern (Bayesian) estimation methods for a neoclassical stochastic growth model are applied to make the case that the identification of key parameters, rather than quantitative methodologies per se, is responsible for empirical findings. For concreteness, the model is used to measure the contributions of technology shocks to the business cycle fluctuations of hours worked and output. Along the way, new insights are provided in the parameter identification associated with likelihood-based estimation, the sensitivity of likelihood-based estimation to the choice of structural shocks is assessed, and Bayesian model averaging is used to aggregate findings obtained from different DSGE model specifications.     

Industry versus ecology: environment in the new Europe

This paper examines the role of the environment in Central and Eastern European states by pursuing the incompatibility between the economic development needed to maintain the democratic institutions already in place, and the crisis levels of environmental degradation in so many areas of Eastern and Central Europe. It is believed that costs of reversing environmental damages in these areas, and the implementation of sustainable development policies and technologies, are so great that the Eastern European states will be unable to meet them, which may lead to a further decline in the environmental quality in both CEE and the EU. This ability to impact the EU's environment could be the major factor in a decision by the EU to implement environmental taxes against these states. As a result, the possibility is raised that Russia may provide an alternative to the EU in the formation of a economically based bloc, with implications for trade, environment and security issues.     

Capital over the Business Cycle: Renting versus Ownership

We find that capital renting makes up one‐fifth of U.S. capital expenditures, and it increases during downturns. Further, we present cross‐country evidence that output losses after financial crises are smaller where renting is more prevalent. To understand these findings, we build a general equilibrium model with borrowing constraints and with the option to rent or buy capital. The countercyclicality of rentals occurs because their supply increases, as renting serves as an additional means of savings when credit markets malfunction. Moreover, demand also shifts toward rentals as they become relatively cheaper. By absorbing excess savings, renting mitigates financial crises.     

Efficiency of the Polish banking industry: Foreign versus domestic banks

The present paper investigates the efficiency of the Polish banking industry between 1997 and 2001. Our preferred methodology is Data Envelopment Analysis, which allows us to distinguish between cost, allocative, technical, pure technical, and scale efficiency. Additionally, we perform a number of tests to investigate whether domestic and foreign banks come from the same population. Finally, we attempt to shed light on the determinants of efficiency. Our results indicate that bank efficiency has not improved during the years analyzed. Whereas greenfield banks have achieved higher levels of efficiency than domestic banks, foreign banks that acquired domestic institutions have not succeeded in enhancing their efficiency.     

Explaining the volatility smile: non-parametric versus parametric option models

We employ a “non-parametric” pricing approach of European options to explain the volatility smile. In contrast to “parametric” models that assume that the underlying state variable(s) follows a stochastic process that adheres to a strict functional form, “non-parametric” models directly fit the end distribution of the underlying state variable(s) with statistical distributions that are not represented by parametric functions. We derive an approximation formula which prices S&P 500 index options in closed form which corresponds to the lower bound recently proposed by Lin et al. (Rev Quant Financ Account 38(1):109–129, 2012). Our model yields option prices that are more consistent with the data than the option prices that are generated by several widely used models. Although a quantitative comparison with other non-parametric models is more difficult, there are indications that our model is also more consistent with the data than these models.     

Size versus scope: on the trade-off facing economic unions

This paper analyzes the relationship between the size of an economic union and the degree of policy centralization. We consider a political economy setting in which elected representatives bargain over the degree of centralization within the union. In our model, strategic delegation affects the identity of the representatives, and hence the equilibrium policy outcome. We show that the relationship between the extensive and the intensive margin of centralization may be non-monotonic: Up to a certain threshold a larger size implies deeper integration, whereas beyond that threshold centralization declines with further increases in size. We also show that freezing the level of centralization and associate memberships can mitigate this trade-off.     

Conglomeration versus Strategic Focus: Evidence from the Insurance Industry

We provide evidence on the validity of the it conglomeration hypothesis versus the strategic focus hypothesis for financial institutions using data on U.S. insurance companies. We distinguish between the hypotheses using profit scope economies, which measure the relative efficiency of joint versus specialized production, taking both costs and revenues into account. The results suggest that the conglomeration hypothesis dominates for some types of financial service providers and the strategic focus hypothesis dominates for other types. This may explain the empirical puzzle of why joint producers and specialists both appear to be competitively viable in the long run. Journal of Economic Literature Classification Numbers: G22, G28, G34, L23, L89.     

Corporate focus versus diversification: the role of growth opportunities and cashflow

We examine the valuation impact of corporate diversification strategies through an analysis of a set of international joint ventures which contain both focus-decreasing and focus-increasing investments. Consistent with previous findings reported for US firms, we find that focus-increasing joint ventures create value for shareholders. However, we do not find that corporate diversification uniformly reduces shareholder value, either at the announcement of the project or in the long-run. Diversifying joint ventures negatively impact shareholder wealth only when the investing firms have poor growth opportunities and a weak cashflow position. After controlling for the q and cashflow effects, we find no significant difference in the market reaction to focus-increasing and -decreasing joint ventures. Such a result implies that the impact of diversification on shareholder wealth is not absolute, but rather is conditional upon the financial resources and growth opportunities available to the firm.     

CEOs versus the board: Implications of strained relations for stock liquidity

When board-CEO relations are strained, management may reduce cooperation with the board and impede the disclosure of relevant information. Because liquidity is a function of uncertainty, it will reflect board-CEO tensions. Using a sample of East Asia companies, we test this prediction by investigating the association between board composition and share liquidity. Although greater board independence generally increases liquidity, its impact is lower when board-management relations are plausibly strained, for example, when CEOs are subject to replacement. Its impact is also lower when CEOs have greater bargaining power. Patterns of accounting transparency are consistent with those we document for liquidity. The evidence thus suggests that board independence can be costly in some circumstances, with a net effect that depends on both the relationship between and the comparative negotiating strengths of the CEO and the board.