我国资本市场上机构投资者的发展研究

近年来,中国经济发展迅速,但我国资本市场的不完善已经成为制约我国经济发展的重要因素,而积极培育和发展机构投资者,仍是中国资本市场相当长时期内改革和发展的战略内容。本文首先简要概述我国机构投资者的发展现状;并分析机构投资者的发展对完善我国资本市场的重要意义,然后分别从机构投资者和管理层出发,提出了我国机构投资者的发展思路。     

Law, Finance, and Growth during Transition: a Survey

This paper surveys the literature on law, finance, and growth and assesses its relevance to transition economies. It describes the contribution, as well as the limitations of the legal view literature with regard to our understanding of the causality between financial development and economic growth. The legal view demonstrates that, through its impact on the financial system, an effective legal system indirectly promotes economic development. However, the particularities of the transition process – notably the existence of soft budget constraints – are such that the methodology and the results of the legal view cannot be applied to transition economies without provisos.     

论我国一人公司法律制度的发展和完善

随着我国社会主义市场经济的不断发展,我国在2006年1月1日实施的《中华人民共和国公司法》将一人公司这种特殊类型的公司正式纳入了法律范畴。但是我国的一人公司法律制度在发展过程中还是存在很多的问题和缺陷的,当前非常有必要针对这些问题和缺陷对一人公司法律制度进行改进完善,以便能满足社会主义市场经济发展中的投资主体的需要。     

On the unimportance of machinery

Economists and economic historians tend to use the terms capital and machinery interchangeably, even though machinery rarely consitutes one-fifth and sometimes is as little as one-tenth of a nation's reproducible tangible assets. This habit can distort the way economists think and talk about important issues. In economic history, disproportionate attention to machinery helps explain why the “Habakkuk” debate, which has now spanned several decades, has been premised on the need to rationalize empirical regularities the opposite of those in need of explanation. In manufacturing and, indeed, in the economy in the aggregate, the United States was less, not more capital intensive than Britain in 1860.     

Unregulated Stock Markets in Second Life

SLCapex is a stock exchange owned and operated by “residents” of the online virtual world Second Life. Despite its almost complete lack of regulation and legal protections against fraud or insider trading, issuers were able to raise approximately US$145,000 from investors, which grew to US$900,000 in market value before plummeting, resulting in overall investor returns of ?71%. Investors in large issuances lost more than investors in small issuances, and small investors experienced more severe losses relative to large investors when more money was at stake, indicating that the market did a poor job of protecting investors from issuers and of providing a level playing field for investors. Theories from financial economics can explain the markets' poor performance in the absence of regulatory and legal institutions, but they cannot easily explain why issuers were able to raise capital in such a setting.     

我国多层次资本市场建设:理论与对策

随着我国经济发展和收入水平提高,如何满足多样化的投融资需求变得越加迫切,多层次资本市场建设问题受到广泛关注。文章从投资者异质性、企业生命周期、信息不对称、产权交易等视角分析多层次资本市场建设的理论基础,探讨我国多层次资本市场的组织架构和功能定位,从培养机构投资者、培育融资主体、发展中介服务机构、完善法律体系、健全监管机制等方面提出我国多层次资本市场建设的对策建议。     

Stability and Growth Pact: issues and lessons from political economy

The paper analyses the EU fiscal rules from a political economy perspective and derives some policy lessons. Following a literature survey, the paper stresses the importance of appropriate incentives for rule compliance in an environment where national fiscal sovereignty precludes the option of centralised enforcement. In addition, the paper stresses the importance of clear and simple rules and in particular the 3% deficit limit in anchoring expectations of fiscal discipline and facilitating public and market monitoring of public finances. This, in turn, strengthens incentive for rule compliance. Moreover, the paper discusses the interests of the most important players in European fiscal rule formation and the importance of choosing the appropriate time for initiating a reform debate.Non-technical summary The EU fiscal framework as laid down in the Maastricht Treaty and the Stability and Growth Pact (SGP, the Pact) aims to preserve fiscal sustainability while allowing room for automatic fiscal stabilisation. These two objectives are also at the heart of the ECB’s interest in the EU fiscal framework because their attainment facilitates monetary policy making in the short and long run.The paper analyses the EU fiscal rules from a political economy perspective and derives some policy lessons. The literature review of the first part reveals that fiscal rules can help solve deficit/debt biases and time inconsistency problems by constraining the behavior of policy makers. But rules can also mitigate biases if they facilitate financial market and public scrutiny of fiscal policies.Thereafter, the paper analyses the institutional environment in which EU fiscal rules are applied. It argues that EU rules reflect a “contract” amongst countries that retain sovereignty on fiscal policies. Enforcement, therefore, ultimately has to be undertaken by the contracting parties. Due to this constraint, the rules can also be characterised as “soft” law (with the 3% limit being nevertheless a much “harder” constraint than the other elements). But this does not necessarily imply that the rules are ineffective (or “dead”). Soft law reduces political transaction costs (by improving transparency and providing a forum for peer pressure). Moreover, if well-designed, such law can boost incentives towards making the rules “self-enforcing”. Evidence speaks in favour of this view: while EU fiscal rules were bent in a number of cases and compliance is undeniably of concern, major and rapid fiscal balance deteriorations have been largely prevented since the start of EMU.The paper also looks at potential trade-offs between “complex” rules where a “fine-tuned” economic rationale may boost acceptance of the rules versus simple and clear rules that allow easy monitoring. It is argued that clarity and simplicity of rules are important especially when formal enforcement is limited (“soft law”) and public monitoring becomes more important. By facilitating public and market monitoring of compliance, clear and simple rules are also more costly to breach.The benefits of “complexity”, and in particular the use of administrative discretion to fine tune the rules to country situations have limits, in particular when it comes to the excessive deficit procedure (EDP). It is argued that the 3% deficit limit and the time frame for correcting excessive deficits already provide some room to accommodate economic circumstances. The 3% limit must be clear, simple and strictly implemented to anchor expectations of fiscal discipline and to facilitate public and market monitoring. Further discretion and relaxation would conflict with this need. From this angle, other risks (e.g., efforts not materializing, structural reforms producing surprise costs etc) are hard to justify as a reason for extending deadlines to correct excessive deficits.The preventive arm of the Pact with its requirement of close-to-balance-or-in-surplus budgetary positions defines sound medium term budget positions and adjustment paths. This may be appropriately fine-tuned to address concerns about the Pact’s underlying economic rationale. For example, a symmetric application in good and bad times and less time inconsistency would be desirable.Finally, the timing of a debate on fiscal rules needs to be carefully chosen. In the EU context (and perhaps in other contexts as well), there seems to be much inherent pressure to make the rules more “complex”. Moreover, for the debate initiated in summer 2004, there was also no willingness by countries to give up sovereignty nor was there a sense of urgency to strengthen public finances via tighter rule implementation and enforcement. In such an environment, it is likely that changes to fiscal rules make them more complicated, discretionary and, thereby, potentially less enforceable.The views expressed are those of the author and not of the ECB. Comments by Vitor Gaspar, Mark Hallerberg, Steven Keuning, Jose Marin, Richard Morris, Gilles Noblet, Hedwig Ongena, Luca Onorante, Rolf Strauch, Juergen von Hagen, an anonymous referee and valuable assistance by Anna Foden are much appreciated.     

The Determinants of Foreign Direct Investment in Malaysia: A Revisit

Abstract

The paper re-examines the determinants of foreign direct investment (FDI) in Malaysia, for the period 1970–2006. The cointegration results show that market size of both Malaysia and China have major, and a statistically significant impact, on FDI inflow to Malaysia. The results seem to support the argument that foreign investors tend to be more attracted to the country with a higher growth rate of gross domestic product (GDP) because it indicates a larger potential demand for their products. In addition, the results also demonstrate that openness level of the country has a positive and statistically significant effect on FDI inflow, which supports the hypothesis that FDI can be attracted to a country with more liberalized economic reforms. Finally, the results show that literacy rate (human capital development) has significant positive effect on FDI inflow. The finding suggests the need for labor force expansion and education policy to raise the stock of human capital in the country. Using Granger causality test, we also find that there exist unidirectional causality from real GDP of both Malaysia and China, degree of openness and literacy rate to FDI inflow.     

Memories of colonial law: The inheritance of human capital and the location of joint ventures in early-reform China

Using a unique data set of Chinese foreign direct investment (FDI) contracts from the 1980s and early 1990s, we explore those mechanisms of historical persistence resulting from China's unique colonial experience. Adopting difference-in-differences as well as difference-in-difference-in-differences analysis within conditional logit, we provide evidence that foreign investors favored locating FDI in Chinese cities in which their home country had a colony in the 19th century and that a human-capital channel best explains this persistent impact of colonial experience. While alternative explanations for long-term persistence are not consistent with the empirical findings, the results suggest that legal human capital inherited from colonial times affected economic decisions after 1978. Thus, we attempt to advance the literature on history's long-lasting influence by proposing one particular mechanism of persistence—memory of legal institutions, or inheritance of legal human capital.     

浅析中国证券市场多层次发展的逻辑思路

我国资本市场上只有上海和深圳两个交易所,上市公司类型、交易品种都很少,这远不能满足各类企业的融资需求。借鉴国外成熟的资本市场发展经验,结合我国的国情,笔者认为构建多层次的证券市场体系应包括全国性一元化的证券交易所、创业板市场、区域性证券交易市场和产权交易市场四部分。每个市场针对不同的投资者和资金需求者,安排不同的上市标准、运作模式和监管方式,这些子市场相互补充、相互竞争、相互衔接,共同构成完整统一的证券市场体系。     

The process of financial reforms in China

This study aims to show that financial reforms in China can be viewed as an endogenous adjustment process responding primarily to economic growth and changes in political constraints. The author's argument is thus against the mainstream view in which financial reforms are regarded as primary policy tools for the promotion of economic growth. Three factors are carefully examined for the explanation of the endogenous characteristics of financial reforms. First, this paper takes a close look at endogenous aspects of Chinese financial repression. The endogenous characters of financial repression explain why financial reforms in China follow an endogenous path. Second, recent developments of legal frameworks are found to have been institutional responses to macroeconomic imbalances, financial disorders, and increased demands for property right protection. Finally, this paper shows that the lack of market infrastructure and various political constraints have been major obstacles for China's capital market development.     

公司法人人格否认原则适用的条件与限制

公司法人人格否认原则是公司法人制度的补充,这一原则旨在保护公司债权人的利益和禁止股东利用法人人格逃避法律责任。适用法人人格否认原则必须符合特定的条件:公司法人人格在形式上合法存在,出资人或股东滥用公司法人人格严重损害债权人的利益或逃避法律责任,出资人或股东实际在造成损害的范围内承担责任。应当严格掌握法人人格否认的适用条件,依照正当程序确定股东对公司的连带责任,防止滥用法人人格否认,违反公司法的基本原则。     

Europe and East Asia in the context of regionalization: Theory and economic policy

Much academic interest has recently centered on economic regionalism as a framework of international economic relations. The European Community (EC) has been a focal point. Other regional economic organizations (APEC, NAFTA), have been subjects of debate.This paper discusses three principal arguments: (1) the “natural”/“optimal” regional grouping, (2) transaction cost advantage in a regional model, and (3) the balancing of intraregional and extra-regional economies. Indeed, the argument is most certainly for an international regime of an “open,” not a “fortress” economic regionalism.This paper examines the subject relative to economic theory and policy.     

Microcredit in Prefamine Ireland

Hundreds of independent, local, quasi-charitable microcredit societies, or “loan funds,” were lending to as many as 20% of Irish households in the mid-19th century. Their goal was to relieve poverty by providing credit to the “industrious poor” at competitive interest rates without public funding. They successfully mitigated informational, moral hazard, and enforcement problems, and operated at a surplus in a market where intermediation by the banks seems not to have been profitable. Loan fund activity offers new insights into capital formation in the 19th-century Irish economy and challenges traditional notions regarding the economic activities of the Irish poor. They are also relevant for economists studying current microcredit initiatives.     

Is Devolution Democratization?

Recent attempts at introducing new forms of governance in forest management in India have focused on devolution to user-groups or village level “participatory committees.” Success or failure is attributed to the presence or absence of “social capital” among these groups. These groups have never existed outside the state, however, and social relations, including social capital, are continually being transformed by administrative and market forces. This paper argues that what matters is not the degree of government intervention, i.e., more or less devolution, or the degree of social capital among local communities, but state accountability. This can only be ensured through addressing questions of political reform.     

创业板退市公司中小投资者补偿机制研究

创业板作为证券市场一个高成长版块,其高市盈率一直吸引着广大中小投资者的目光,但许多上市公司大股东和高管的违法行为屡屡出现,上市公司面临被强制退市的可能,为保护中小投资者利益,对其受损进行补偿就显得格外重要.为此分析了建立和完善中小投资者补偿机制的必要性、法理依据,以及相关建议.     

区域经济协调发展的金融法控制研究

随着市场经济制度的不断完善,同时区域经济发展的差距也拉大了,虽然区域经济不协调发展的解决有多种办法,但金融法作为宏观调控居于核心地位。本文首先对区域经济协调发展金融法调控的内涵和相关的理论进行了分析,紧接着指出我国区域经济协调发展金融法调控的现状、存在的问题;最后提出完善我国区域经济协调发展金融调控法律制度的对策建议。     

Private Information Production,Public Disclosure,and the Cost of Capital: Theory and Implications*

Both private information production by market traders and public disclosure by firms contribute to dissemination of financial information in the capital market. However, the motives and economic consequences of the two are quite different. In general, private information production is intended by investors to increase their trading profit, which has the effect of widening the information gap between informed and uninformed investors and increasing the firm's cost of capital. On the other hand, public disclosure can be used to narrow this information gap and to lower the cost of capital. This paper provides a theoretical model to examine the economic incentives behind these two forms of information dissemination and their consequences on the cost of capital. By simultaneously considering the firm's and the information traders' decisions, the paper derives an equilibrium in which the amount of private information production, the level of public disclosure, and the cost of capital are all linked to specific characteristics of the firm, of information traders, and of the market. In contrast to conventional beliefs, the paper predicts that, across firms, the cost of capital can be either positively or negatively related to the firm's disclosure level, depending on the specific factors that cause the variation within a particular sample. Similarly, the extent to which investors follow a firm and the firm's disclosure level can be either positively or negatively related to each other. Implications for empirical research are discussed.