论商事法上的严格责任

严格责任最初作为契约法上的责任源于罗马法。 17世纪以后 ,商事实践中形成的严格责任在各国商事立法中确立。现代商法上的严格责任制度并不仅仅局限于契约法上的严格责任 ,也不同于侵权行为法上的无过错责任 ,严格责任制度在各国立法中主要体现为无过错原则、负连带责任以及权、责、利、效相结合的机制。严格责任制度是主体在意思自治同交易安全价值之间的平衡。严格责任制度通过建立激励机制以及外部性内在化两个途径提高商事活动的效率。因此严格责任制度在保障交易安全、促进交易方面具有重要意义     

论侵权补充责任追偿制度的法理依据

《侵权责任法》第三十四条第二款、第三十七条第二款、第四十条规定了侵权补充责任,但没有明确规定补充责任人追偿权,学界对此有不同的观点。肯定或者否定侵权补充责任追偿权,应当考虑是否符合权利、效率与公平的要求,是否违背民法学的一般原理。另外,探讨侵权补充责任追偿权,还应该研究比较法理论。我国侵权补充责任追偿制度有充分的法理依据,侵权责任法司法解释对此应作扩张性解释,以完善具有中国特色的侵权补充责任制度。     

Acquiring Economic Justice for All: An Ongoing Struggle

Ten years have passed since the National Council of Catholic Bishops presented their pastoral letter Economic Justice for All. For a democratic society to succeed, it must cultivate moral attachments. The following three questions are asked of all Americans regarding social ethics: l) How do my economic choices contribute to a sensitivity to those in need? 2) With what care, human kindness and justice do I conduct myself at work? 3) How do I strike a balance between labor and leisure that enlarges my capacity for friendships, for family life, for community? The importance of a sense of shared humanity is discussed and recommendations are made regarding emotions as strategies in the process of moral decisionmaking. The task of sensitizing both the intellectual convictions and the emotional feelings of Americans towards a more compassionate stance vis-a-vis the ‘disinherited’ in our midst is presented.     

人机共驾事故侵权责任与保险制度的法经济分析

作为人工智能落地的重点领域，自动驾驶技术未来将大幅减少交通事故，降低保险赔付。但自动驾驶汽车难以快速跨越人机共驾阶段，实现完全无人驾驶。机动车事故侵权损害赔偿与保险赔付具有显著协同效应，人机共驾汽车事故的侵权责任分配影响着未来交通事故的保险应对，而互动良好的事故保险可以强化侵权法效力，降低人机共驾汽车事故侵权责任不确定性。法经济分析具有独特的责任和风险视角，把人机共驾汽车事故成本细化为直接成本、风险分散成本和风险管理成本，为实现驾驶人、生产人和保险人之间的利益均衡提供工具借鉴。针对人机共驾汽车事故，应该以事故成本为目标调整归责原则、以过错为界限定位侵权法与交强险的功能，并利用无过错保险调整交强险。     

An Ethics of Care or an Ethics of Justice

A conflict within the community of those investigating business ethics is whether decision makers are motivated by an ethics of justice or an ethics of caring. The proposition put forward in this paper is that ethical orientations are strongly related to cultural backgrounds. Specifically, Hofstede's cultural stereotyping using his masculine-feminine dimension may well match a culture's reliance on justice or caring when decisions are made. A study of college graduates from six countries showed that Hofstede's dimension was remarkably accurate in predicating a justice or caring orientation for decision makers from five of the six countries.     

会展消费者权益保护问题初探

会展消费者一般是指在商贸类展览会上,为个人或家庭生活消费需要购买、使用商品或接受服务的人。会展消费者具有消费者的属性,但其权益保护和纠纷解决的方法与途径有自身的特点。     

In Search of Instruments. Business and Ethics Halfway

Business ethics has gradually acquired a stable status, both as an academic discipline and as a practice. Stakeholdership is recognised as a guiding concept, business has widely accepted that it has a license to operate to win from society at large, and operational instruments such as codes of ethics and forms of ethical auditing and accounting take shape more and more. Yet lacunae remain. Three are mentioned explicitly. Business ethics has to improve its relations with business law, the concept of competition deserves much more ethical attention than it has received up to now, and the shifting relations between the market, governmental agencies and civil society require the elaboration of an institutional business ethics.     

试论冲突规范的价值取向——行走于“形式正义”与“实质正义”之间

传统的冲突规范注重连结点的确定性、法律适用的统一性和可预见性．追求“形式正义”，但这种只注重“立法管辖权”的传统；中突规范越来越不适应国际民商事交往的需要；现代冲突规范通过运用灵活、开放的连结点等方式追求“实质正义”，但在“国际本位”理念的指导下，正义并非仅指当事人的利益得到合法保护．且“冲突正义”和“实质正义”应协调统一。     

Religion, Opportunism, and International Market Entry Via Non-Equity Alliances or Joint Ventures

One challenge that globalization has brought to business is that firms, as they expand their market globally through cross-border alliances, need to deal with partner firms from countries of different religious background. The impact of a country’s dominant religion on its firms’ international market entry mode choices has not been examined in traditional approaches. Focusing on hypothesizing the influence of Christian beliefs and atheism (i.e., the absence of belief in any deities), this research aims to fill the gap by exploring religion’s role in providing moral restraint on managers’ propensity for opportunism, which in turn affects these managers’ choices of their firms’ international market entry via non-equity alliances or joint ventures. A study of 22,156 cross-border alliances formed in 48 industries world-wide over 9 years provides new insight toward understanding religion’s influence on firms’ international market entry mode decisions through the ethical dimension of strategic leadership. This article would fit best under the International Management section for reviewing purposes.     

Group Processes and Performance and Their Effects on Individuals' Ethical Frameworks

This paper explores the influence of group context on the ethical predispositions of group members. Results indicate that groups exert a powerful influence on individuals' ethical frameworks, and that the patterns of these influences differ depending on the type of ethical framework involved. Individuals' ethical utilitarianism was affected by both leadership style and group cohesiveness. Ethical formalism was most affected by the leadership style in the group.     

Realizing the Spirit and Impact of Adam Smith's Capitalism through Entrepreneurship

Adam Smith argued in The Wealth of Nations and The Theory of Moral Sentiments that in order to create an effective and productive capitalist system, individuals must pursue interests of both the self and society. Despite this assertion, modern economic theory has become tightly focused on the pursuit of economic self-interests at the expense of other, higher order motives. This paper will argue that the tendency to employ such an egocentric strategy often generates externalities and inequalities that serve to detract from the greater welfare of society. However, by tempering these economic self-interests with non-economically motivated considerations, this paper will suggest that individuals may create tremendous benefits to society, precisely as Smith outlined more than two centuries ago. In defense of this assertion, this paper will review an array of theoretical arguments and empirical findings that suggest that today's entrepreneurs are not only seeking to satisfy both selfish and ethical motivations, but in so doing they are also contributing substantially to the overall welfare of society through job creation, wealth redistribution, and a lack of discrimination. As such, it appears that spirit and impact of the capitalist system that Smith envisioned is being realized through entrepreneurship.     

论公众人物代言虚假广告侵权连带责任制度的构建

在我国,对于公众人物在商业广告中传达虚假信息,欺诈、误导消费者,造成消费者的损害,一直没有效的法律对此进行制裁,导致虚假广告泛滥。要维护市场经济下广告市场的正常秩序,就必须构建合理的公众人物虚假广告代言侵权连带责任制度。     

The Ethics of Global Supply Chains in China – Convergences of East and West

This paper addresses ethical issues surrounding global supply chains of multinational companies in developing countries. In particular, it considers the development and application of industry-wide ethical standards and codes of conduct for multinational supply chains in China. We describe and analyze the ethical norms and compliance components of such industry-wide regimes in the toy, textile, and consumer electronics industries. We argue that this development represents an positive attempt to institutionalize emergent international ethical standards and practices into this component of the Chinese economy.     

The Influence of Distributive Justice on Lying for and Stealing from a Supervisor

In a controlled laboratory experiment, we found evidence for our predictions that participants who received fair distributive treatment were more likely to lie to give a supervisor a good performance evaluation than those treated unfairly, and those who received unfair distributive treatment were more likely to steal money from a supervisor than those treated fairly. We further proposed that the presence of an ethical code of conduct would moderate these relationships such that when the code was present these relationships would be weaker than when the code was absent, but we failed to find support for these moderating effects. Our findings suggest that the relationship between distributive justice and unethical behavior is likely more complex than previously considered. Both researchers and managers may benefit from a broader understanding of the factors that motivate and inhibit unethical behaviors intended to benefit and harm supervisors and/or organizations.     

Managers’ Attitudes Toward Codes of Ethics: Are There Gender Differences?

As the need for more diversity in business ethics is becoming more pressing in our global world, we provide an historical study of a Fair Trade (FT) movement, born in rural Mexico. We first focus on the basic assumptions of its founders, which include a worker–priest, Frans van der Hoff, a group of native Indians and local farmers who formed a cooperative, and an NGO, Max Havelaar. We then review both the originalities and challenges of the FT movement and its potential contributions to the current theories and practices in business ethics.     

An Exploration of Ethical Decision-making Processes in the United States and Egypt

In this comparative survey of 191 Egyptian and 92 U.S. executives, we explore the relationship between national culture and ethical decision-making within the context of business. Using Reidenbach and Robin’s (1988) multi-criteria ethics instrument, we examine how differences on two of Hofstede’s national culture dimensions, individualism/collectivism, and power distance, are related to the manner in which business practitioners make ethical decisions. Egypt and the U.S. provide an interesting comparison because of the extreme differences in their economies and related business development. Our results indicate that respondents from the U.S, individualistic and low in power distance, were likely to view the decision making outcome in ethics scenarios as more unethical than the more collectivistic and high power distance Egyptians, when applying ethical criteria based on justice, utilitarianism, relativism, and (contrary to our predictions) egoism. However, we also found that both Egyptians and Americans rely on justice, utilitarianism, and relativism in predicting their intentions to behave ethically, and that Americans substitute egoism for justice, when the behavioral intentions of peers are examined.     

Salesperson Perceptions of Ethical Behaviors: Their Influence on Job Satisfaction and Turnover Intentions

In the academic world, research has indicated that “good ethics is good business.” Such research seems to indicate that firms, which emphasize ethical values and social responsibilities, tend to be more profitable than others. Generally, the profitability is credited to the firm’s positive relationships with its customers, reduced costs of attempting to rebuild a tarnished image, ease of attracting capital, etc. The research conducted in this study evaluated salespeople’s perceptions of the ethics of businesses in general, their employer’s ethics, their attitudes as consumers, and the relationships existing between these perceptions and the sale force’s job satisfaction and turnover intentions. The results show a positive relationship existing between salesperson perceptions of business ethics, his/her employer’s ethics, consumer attitudes, and the salesperson’s job satisfaction and reduced turnover intentions. Charles E. Pettijohn (D.B.A., Louisiana Tech University) is a professor of marketing in the College of Business Administration at Missouri State University. He is also co-editor of the Marketing Management Journal. His research has appeared in the Journal of Personal Selling and Sales Management, the Journal of Businesss Ethics, Marketing Management Journal, Psychology and Marketing, and the Journal of Marketing Theory and Practice. At Missouri State University, his primary teaching focus is in the areas of Personal Selling and Sales Management. Linda S. Pettijohn (D.B.A., Louisiana Tech University) is a Professor of marketing in the College of Business Administration at Missouri State University. Her research has appeared in the Journal of Personal Selling and Sales Management, Human Resource Development Quarterly, Marketing Management Journal, Psychology and Marketing, and the Journal of Financial Serivices Marketing. At Missouri State University, her primary teaching focus is in the area of Retailing. Albert J. Taylor (D.B.A., Louisiana Tech University) is an associate professor of marketing in the College of Business Administration at Coastal Carolina University. His research has appeared in the Journal of Personal Selling and Sales Management, Human Resource Development Quartely, the International Journal of Hospitality and Tourism Administration, Psychology and Marketing, and the Journal of Applied Business Research. At Missouri State University, his primary teaching focus is in the areas of Marketing Research and Personal Selling.     

Putting Ethics on the Agenda for Real Estate Agents

This article uses sociological role theory to help understand ethical challenges faced by Norwegian real estate agents. The article begins with an introductory case, and then briefly examines the strengths and limitations of using legal definitions and rules for understanding real estate agency and real estate agent ethics. It goes on to argue that the ethical challenges of real estate agency can be described and understood as a system of conflicting roles with associated rights and duties, in particular sales agent, intermediary and adviser sub-roles. The arguments are developed using exploratory findings from a survey of Norwegian real estate agents and from several focus groups. The article then suggests the use of various intranet tools as a kind of action research aimed at putting ethics on the real estate agents’ agenda, working to develop a collective conscience and collective self- criticism among the agents, and, in doing so, building bridges between academic research and the practical working world of the agents.     

Co-Evolution: Law and Institutions in International Ethics Research

Despite the importance of the co-evolution approach in various branches of research, such as strategy, organisation theory, complexity, population ecology, technology and innovation (Lewin et al., 1999; March, 1991), co-evolution has been relatively neglected in international business and ethics research (Madhok and Phene, 2001). The purpose of this article is to show how co-evolution theory provides a theoretical framework within which some issues of ethics research are addressed. Our analysis is in the context of the contrasts between business systems (North, 1990), and in particular the distinction between informal systems and those systems where institutions are formalised in law. This complements the growing research on comparative corporate governance and capitalisms (Chandler and Hikino, 1990; Choi et al., 1999; Whitley, 1994). The synthesis of co-evolution and analysis of divergent institutional environments in ethics research can also complement the globalisation and MNE approaches to international business research.