Workers,communities, and industrial property: An emerging language of rights

Out of recent national debates and local struggles over plant closings, an alternative language of industrial property rights has emerged. This language places the rights of workers and communities above, or on a par with, those of owners and managers. While this new language of rights coexists with more traditional conceptions of owner/manager prerogatives, its emergence suggests that rights of property ownership, which are often seen as relatively immutable structural constraints upon the capitalist labor process, may themselves be contested and subject to change.     

房地产行业改革中思想政治工作出现的新情况及对策

房地产企业实行公司制改革后，产权结构将会由原来的国有独资形式转变为多元化投资形式，董事会将由不同利益群体的代表组成，股东大会是公司的权力机构，职代会则是“内部人”民主管理的主要渠道。在产权多元化的公司组织中，思想政治工作的管理体制、运行机制、机构设置、人员配置等都会发生相应的变化，不太可能再维持原有的工作机构和专职政工人员编制。在这种变化下，如何继续发挥思想政治工作的优势，确保其企业生命线的作用，是企业管理者、思想政治工作者必须思考和解决的问题。     

Replicating Walrasian equilibria using markets for membership in labor-managed firms

In standard models of the labor-managed firm, labor is misallocated in the short run. This problem can be eliminated by introducing a market for membership in each firm. These markets substitute for the capitalist labor market and support equilibria isomorphic to Walrasian equilibria. Such LMFs resemble familiar Ward-Domar-Vanek LMFs by ensuring that firm sizes are optimal for ex post members, but they also have the property that firm sizes are optimal for workers endowed with ex ante membership rights.     

The Chilean model

In 1981, Chile replaced its government-run pay-as-you-go pension system with a national system of individual Pension Savings Accounts managed by the private sector. The new system has contributed to the increase in the country's savings rate, the productivity of capital and the rate of economic growth. More important, Chilean workers now have property rights over their own pension contributions and enjoy much higher pensions than under the old system.     

THE MORECAMBE BAY COCKLE PICKERS: MARKET FAILURE OR GOVERNMENT DISASTER?

The tragic deaths of twenty-three young Chinese cockle pickers in Morecambe Bay on the Lancashire coast have been attributed to the machinations of global capitalism. In fact, these migrant workers came to the UK to escape the poverty created by socialism in China and were working under a regime of state-regulated access to the cockle beds. An alternative market-orientated regime of private property rights in the cockle beds might have prevented the tragedy.     

Are intellectual property rights unfair?

If redistribution is distortionary, and if the income of skilled workers is due to knowledge-intensive activities and depends positively on intellectual property, a social planner which cares about income distribution may in principle want to use a reduction in intellectual property rights (IPRs) rather than redistributive transfers. On the one hand, such a reduction reduces static inefficiency. On the other hand, standard redistribution also reduces the level of R and D because it distorts occupational choice. We study this possibility in the context of a model with horizontal innovation, where the government, in addition to taxes and transfers, controls the fraction of innovations that are granted patents. The model predicts that standard redistribution always dominates limitations to IPRs.     

上市公司财权配置的动态性研究

现代企业理论认为,企业所有权安排是一个动态调整的过程,同时也是财权配置的基本逻辑,它决定了财权配置具有动态演变性。本文分析了资本结构、公司各权利主体之间的博弈、公司规模及组织方式、技术及环境等因素是如何影响财权的动态配置。通过企业财权配置的状态依存性与相机治理机制来实现财权的配置与再配置,在此基础上,构建动态性财权配置的一般框架,旨在为上市公司财权的动态配置提供参考。     

农民工社会保障的人权维度分析

庞德认为,权利的本质就是一种"合理的期望"。农民工社会保障权就是这样一种合理的期望,最初是作为应用权利存在的,是人权最初和最完整的形态。本文旨从应然逻辑出发,从平等权、生存权、发展权三个人权维度视阈,具体考量和剖析农民工社会保障权的正当性、合理性与现实性。     

温州企业债务危机:强产权、弱制度研究

一个产权应该有一束制度围绕着它进行配置,且要一贯地执行下去,才能从最初的产权和制度两个事物融合为"产权制度"这一个事物。当制度的执行力不强时,就会形成强产权、弱制度的局面。温州企业债务危机表明了企业属性明确和发展权不被执行的强产权、弱制度格局。本文提出以下建议:提升"产权+制度"的认识高度;加强产权与制度的融合度;强化制度执行力。     

促进自主知识产权发展的国际经验

文章认为,鉴于知识产权在经济发展中的重要作用,很多国家都采取措施发展自主知识产权,主要有：制定实施国家知识产权战略、促进知识产权创造、加强知识产权管理、强化知识产权保护、推进知识产权应用,以及实施知识产权人才战略等。总结这些经验,对我国有重大的启示意义。     

PROTECTION OF PROPERTY RIGHTS AND GROWTH AS POLITICAL EQUILIBRIA

Abstract This paper presents a survey of the literature on property rights and economic growth. Different theoretical mechanisms that relate property rights to economic development are discussed. Lack of protection of property rights can result in slow economic growth through different channels: expropriation of private wealth, corruption of civil servants, excessive taxation and barriers to adoption of new technologies. The origins of property rights are also considered. Different theories are illustrated but more attention is paid to the ‘social conflict view’ and its success and limitations. The second part of the paper illustrates relevant empirical works on property rights and growth.     

Employee rights and capital mobility

In this article I analyze the impact that capital mobility has on employee rights in the workplace by studying the effects of the relocation of General Motor’s Corvette plant from St. Louis to Bowling Green, Kentucky. This relocation not only afforded GM an opportunity to increase its control over its hourly work force, but it also set in motion a process in which the rights’ claims of management and workers were redefined. Through a number of planned and unplanned mechanisms, management invaded spaces created by workers, and, as a result, workers’ ability to pursue their interests was diminished. In the concluding section, I discuss the implications of this for research on employee rights and for combining the concern for rights with labor process theory.     

新形势下企业工会如何维护好职工的合法权益

工会的基本职责是维护职工合法权益。在新的形势下,如何突出工会的维护职能,更好地维护职工的合法权益是我们必须面对的问题。     

Real Estate as Institutional Fact: Towards A Philosophy of Everyday Objects

A bstract . Rigorous tools which are well known to philosophers can be put to use in the analyses of many concepts pertaining to social reality. This paper attempts to apply the distinction between brute and institutional facts advanced by John Searle to the analysis of property rights over land. It might be commonplace to suggest that all rights are entities whose existence is an institutional fact, i.e., it is the result of human conventions. In the case of property rights, it is not merely at this level that institutional reality confronts us. The object over which the property right falls, a land parcel, is itself an entity whose existence is an institutional fact. This doubly institutional character of property rights makes it easier to see that property rights over land have many important differences with other sorts of property rights. Of course, some of these differences have been pointed out before, say, by appealing to the seminal distinction between movables and immovables, but never with the rigor or the justification that I attempt here. As a result of taking seriously the nature of the object over which the right falls, we can see that property rights over land have more in common with other sorts of relationships, such as political conceptions of sovereignty, than with other forms of property rights. Real estate is just one of a myriad of social objects that we encounter every day. The ontology developed here is but one example of how philosophical analysis of everyday objects enriches our understanding of the social world, and offers us tools for clearer, practical treatment of these objects.     

A Dynamic Study on Ecological Disaster,Government Regulation,and Renewable Resources

This article develops a dynamic model to investigate renewable resource markets under different property rights. We find that different property rights regimes in renewable resource markets yield very different equilibria. Under private property rights, the valve point increases with the natural growth rate, productivity, number of firms, and marginal costs. Under common property rights, “the tragedy of the commons” inescapably occurs. This study suggests how to avoid ecological disaster by implementing a set of public policies.     

企业“法人财产权”质疑

产权清晰不仅是建立现代企业制度的前提和基础,也是进一步完善企业法人制度的关键所在。我国《公司法》首次使用企业“法人财产权”对公司产权关系作了明确规定。本文作者对此提出质疑,并主张在承认股权的基础上,用企业“法人所有权”取代企业“法人财产权”。     

试论产权交易市场功能与业务创新

产权交易市场是我国近年来兴起的一种新型资本市场,其诞生与发展与国有企业体制改革、国有资本退出工作密切相关。本文回顾了我国产权交易市场的兴起与发展历程,综合各级、各地法规与规章的表述,对产权交易市场的性质进行了明确的界定。在此基础上,论述了产权交易市场的一般功能和特殊功能,并以此为出发点,从非上市公司的股权、地方排污权、金融类产权、农村综合产权和文化产权的交易等方面,就产权交易市场的业务创新渠道进行了探索和阐述。     

The politics of intellectual property rights regimes: An empirical study of new technology use in entrepreneurship

This study examines interactions between political processes and intellectual property rights regimes that can influence the propensity of early-stage entrepreneurs to employ the latest available technologies in their ventures. We argue that the effects of intellectual property regimes are moderated by the nature of a country?s political system, including the influence of Pirate parties, which advocate for minimal intellectual property enforcement. We combine large-panel cross-country survey data on entrepreneurs and country-level measures of polity (democracy versus autocracy) and intellectual property rights with a new measure (created by the authors) estimating the influence of Pirate parties. Results indicate that entrepreneurs in more democratic (high polity) countries enjoy higher levels of technology usage as intellectual property rights strengthen. By contrast, entrepreneurs in more autocratic (low polity) countries are less likely to use the latest technology as intellectual property rights strengthen. The influence of Pirate parties makes strengthening intellectual property rights more positive for technology use in entrepreneurship. These results contribute to the literature examining institutional and political determinants of high-value forms of entrepreneurship—which may hinge on the extent to which entrepreneurs? interests are considered by technology and intellectual property policy-makers.     

Determinants of property rights institutions: survey of literature and new evidence

Why do some countries have better institutions than others? More specifically, what accounts for variation in the quality of property rights institutions in different countries? In this paper, I empirically assess four different theories relating to the determinants of property rights institutions: (1) the economic approach, which maintains that property rights institutions are created when the benefits of their creation exceed their costs; (2) the cultural approach, which stipulates that institutional variation reflects the differences in the beliefs of political leaders about what institutions create benefits for society; (3) the historical approach, which contends that cross-country differences in property rights institutions are the by-product of historical accidents; and (4) the political approach, which defends the premise that institutions are voluntarily chosen by the individuals who control political power, and these individuals choose institutions with the objective to maximize their personal payoffs rather than the benefits of the society as a whole. In order to test the veracity of these theories, I undertake a cross-sectional analysis of 142 countries (including 116 developing and 26 developed countries) over the period 1970–2005. The results of this analysis provide several interesting insights. Firstly, they indicate that the political approach appears to be the most relevant explanation for cross-country variation in property rights institutions: not only is this approach the most statistically robust, it also provides the best fit with the property rights index. The results of non-nested hypothesis test à la Davidson and MacKinnon (1981) confirm this analysis. Secondly, regardless of econometric specification and country sample, democracy is positively and significantly linked to property rights institutions. Thirdly, the data also reveal that while legal origin does significantly affect property rights institutions in developing countries, it appears to have no effect in developed countries. Fourthly, my analysis demonstrates that, in contrast to the full sample case, an increase in GDP per capita does not significantly contribute to the improvement in the quality of property rights institutions in Africa.     

现代产权与绿色会计

现代产权的重新界定与保护,特别是生态环境资源这部分公共产权的界定与保护,是绿色会计产生和发展的直接动因。本文就立足于现代产权关系,如何构建可持续发展的绿色会计体系进行探讨。