论民间融资法律规制理念的反思与重构

基于理念对民间融资法律制度设计与实践的指导意义,本文以金融安全、金融效率、金融自由、社会公平为衡量基准,反思我国现有民间融资法律规制的理念,最终提出我国民间融资法律规制理念应当以赋予融资自由为先导、以权利公平配置为根本、以提升金融效率为核心、以维护金融安全为后盾,从而有效指导民间融资法律规制的制度创新与实践。     

Reporting entity concept: a case study of the failure of principles-based regulation

Since 1990 a key element of Australia's regulatory arrangements has been reliance on a 'principles-based' rule to the effect that all 'reporting entities' should prepare general purpose financial reports (GPFRs) that comply with accounting standards. The concept of reporting entity was defined in terms of whether it was 'reasonable to expect the existence of users' who were dependent on GPFRs for information which will be useful to them when making and evaluating decisions about resource allocation. Australia's differential reporting arrangements are reviewed so as to highlight the extent to which reliance is placed on practitioners to apply the 'reporting entity' rule for entities other than publicly listed corporations or borrowing corporations. Illustrations are provided of how this 'principles-based' rule has been ignored. This experience suggests that there is little reason to expect full observance of a principles-based rule, if reliance is placed upon practitioners to ensure compliance.     

George R. Husband: Contributions to the Development of Accounting Thought

George R. Husband, accounting educator, was a leader in research, service and teaching. His former students and admirers endowed a chair, three scholarships and an annual lecture series in his memory nearly forty years after his death in 1958. This article highlights his lasting accomplishments by examining his research (e.g., as an opponent of the LIFO method of inventory valuation, an advocate of price-level accounting and major proponent of the proprietary theory of financial accounting, and as one of the most prolific authors in The Accounting Review ), service (e.g., as Vice President and President of the American Accounting Association) and teaching. We also discuss Husband's research in the context of other notable contemporary scholars and those whose works are consistent with Husband's thoughts.     

The Private Finance Initiative: risk, uncertainty and the state

This paper analyses the UK's Private Finance Initiative (PFI) at a conceptual level by focusing on the management of risk, which is central to the justification for the policy and its application across the public services, and uncertainty, which underlies the role of the state. The paper argues that the rhetorical support for PFI rests on a conflation of risk and uncertainty and that PFI leads to contractual arrangements that are inappropriate for the provision of public services over the medium term.     

The Private Finance Initiative in the National Health Service: An Unhealthy Development in New Public Management?

New Public Management has expanded the role of the private sector in the provision of public services through 'contracting out' the supply of many public service inputs to the private sector. This paper examines the case of the Private Finance Initiative (PFI), which is of increasing importance in extending these inputs to include those of major capital assets, such as hospital buildings. Concerns arise as to whether this process does genuinely increase efficiency and accountability, and over the role of accounting in meeting the new demands being placed upon it, in the context of one of the most sensitive public services, that of health care.     

论我国会计法规体系及其结构

我国会计法规体系应分别从纵向和横向进行划分：纵向上,按照我国会计法规的制定机关和法律效力将其分为会计法律、会计行政法规、会计部门规章与地方政府和行业主管部门的会计规章四个层次;横向上,按照会计法规的内容将会其划分为会计核算方面的法规、会计监督方面的法规、会计机构和会计人员方面的法规以及会计工作管理方面的法规四个方面。     

基于结构洞理论的农村民间借贷监管研究

随着正规金融机构涉农融资增速的减缓以及农民融资需求的增加,近年来我国农村民间借贷活动更趋活跃,而监管缺失是农村民间借贷纠纷事件频繁发生的重要原因之一。本文运用结构洞理论深入分析农村民间借贷活动的特征及风险,并提出监管对策建议。     

Accounting for the Private Finance Initiative in the United Kingdom National Health Service

This paper examines the operation of the UK government's Private Finance Initiative (PFI) from the viewpoint of accounting in the National Health Service. It explores how the entity concept may be used to remove representation of the economic consequences of such schemes from public accounting reports. Illustrations are provided from the accounts of hospital NHS Trusts, with their high-value and politically sensitive capital projects. The paper provides contemporary evidence of the financial reporting of PFI schemes and the contradictions between the form and substance of these transactions.     

The quality of Neuer Markt quarterly reports—an empirical investigation

When compared with its prior performance, the year 2001 is not one of the best years for the Neuer Markt. The Neuer Markt's reputation has been marred by the practice of several companies on the exchange that have published misleading information in the form of incomplete annual and quarterly data. In this study, we examine the quality of Neuer Markt quarterly reports by concentrating on the disclosure level of 47 Neuer Markt companies' reports for the third quarter of 1999, 2000, and 2001. To enable making comparisons, we have established four disclosure indexes that measure each report's compliance with the Neuer Markt Rules and Regulations (NM Rules and Regulations) as well as with International Accounting Standards (IAS) and U.S. Generally Accepted Accounting Principles (U.S. GAAP) interim reporting standards. We then attempt to find typical attributes of Neuer Markt enterprises that provide high or low level of disclosure accounting information in their quarterly reports. The results demonstrate that the level of disclosure has increased over time, partly in response to additional enforcement. In this regard, the quarterly reports standardization project of Deutsche Boerse is an important landmark in satisfying investors' information needs.     

THE SUBSTANCE OF ACCOUNTING FOR PUBLIC‐PRIVATE PARTNERSHIPS

This article evaluates Public‐Private Partnerships (PPP) accounting practice and the related financial accounting and reporting requirements. Governments across the world are seeking to access private finance to improve public infrastructure. Accounting for PPPs has encountered many difficulties, one of which is the practice by which PPPs are not accounted for as fixed assets on the balance sheet of either the public sector client or the private sector operator. Accounting for PPPs has grown in importance at a time of transition from national Generally Accepted Accounting Practice (GAAP) to International Financial Reporting Standards (IFRS). Under UK GAAP, both client and operator accounting adopt the reasoning – familiar from leasing standards – of the allocation of risks and rewards between the parties to determine the party which should recognize the fixed asset on its balance sheet. The gap in IFRS with regard to operator accounting has been filled by the interpretation IFRIC 12 on service concession agreements: this moves the reasoning from risks and rewards to control, familiar from consolidation standards. The UK Treasury and the International Public Sector Accounting Standards Board (IPSASB) have required/proposed the adoption of the mirror‐image treatment of IFRIC 12. In most, but not all, cases, control will be assessed to rest with the client, which will recognize property, plant and equipment, and not with the operator, which will recognize either a financial asset or an intangible asset on the basis of an assessment of which party bears the majority of risks and rewards. Under both UK GAAP and IFRS, accounting policy choices are strongly influenced by, for the client, governmental control frameworks, and for the operator, by the implications for the profile of distributable profits and for taxation. An important public policy issue is that the national accounts, which for European Union member states must comply with European System of Accounts 1995, will remain on a risks and rewards basis. It is these numbers that will be used in assessments of macro‐fiscal policy and fiscal risks, notwithstanding that the Eurostat version of risks and rewards is even more open to manipulation than were the national financial reporting standards.     

A review of research on regulation changes in the Asia‐Pacific region

In this study, we review the financial research on regulation in the Asia‐Pacific region. We do this by analysing six leading regional accounting and finance journals – Abacus, Accounting & Finance, Australian Accounting Review, Australian Journal of Management, International Review of Finance and the Pacific‐Basin Finance Journal. We identify five main themes of regulation research relating to: (i) banking and financial institutions, (ii) markets and trading, (iii) corporate governance, (iv) disclosure and (v) accounting standard setting. Our paper synthesises the regional literature in these areas and provide some suggestions for future directions.     

Earnings Quality under Rules‐ versus Principles‐based Accounting Standards: A Test of the Skinner Hypothesis / LA QUALITÉ DES RÉSULTATS SELON QUE LES NORMES COMPTABLES SONT AXÉES SUR LES RÈGLES OU SUR LES PRINCIPES: VÉRIFICATION DE L'HYPOTHÈSE DE SKINNER*

We provide preliminary evidence, consistent with Skinner (1995), that Canada's relatively principles‐based GAAP yield higher accrual quality than the United States' relatively rules‐based GAAP. These results stem from a comparison of the Dechow‐Dichev (2002) measure of accrual quality for cross‐listed Canadian firms reporting under both Canadian and U.S. GAAP. However, we document lower accrual quality for Canadian firms reporting under U.S. GAAP than for U.S. firms, which are subject to stronger U.S. oversight, reporting under U.S. GAAP. The latter results suggest that stronger U.S. oversight compensates for inferior accrual quality associated with rules‐based GAAP. Consistent with the positive effect of Canada's principles‐based GAAP and the offsetting negative effect of Canada's weaker oversight, we find no overall difference in accrual quality between Canadian firms reporting under Canadian GAAP and U.S. firms reporting under U.S. GAAP. Our results imply that (1) policymakers who wish to compare the effectiveness of oversight across jurisdictions must control for the GAAP effect; and (2) accounting standard‐setters who wish to compare the effectiveness of principles‐ versus rules‐based GAAP must control for oversight strength.     

会计监管:依据探析与工具改进

会计监管属于规制经济学研究的大范畴,“公共利益理论”为会计监管提供了基本依据,通过对会计信息失灵原因的进一步分析,章指出“克服市场不完善导致的高质量会计信息需求不足”及“改善契约不完全造成的产权不明”是我国政府主导的会计监管更本质的原因;金融监管是经济监管领域较为成熟、甚为重要的部分,金融监管工具改革的经验体现了现代监管理念的变化,可以为会计监管工具设计和改革提供借鉴和支持。     

Public Choice and Accounting Standard Setting in New Zealand: An Exploratory Study

Recent studies in accounting regulation have used either the capture argument or the pluralistic notion to describe the enactment of accounting regulations. This paper explores the nature of the impact of public choice in accounting standard setting in New Zealand using the pluralistic notion. To provide an insight into the standard-setting process, this paper involves an examination of the establishment, withdrawal and re-establishment of New Zealand's most controversial standard after current cost accounting — the standard on investment property accounting (SSAP 17). The investigation considers the nature of public choice in the agenda entrance, demand and supply factors influencing standard setting in New Zealand. The results indicate that the New Zealand accounting standard-setting process is pluralistic in a limited way. Like most other English-speaking countries, the scope of participation for certain groups has been institutionalized on the supply side by way of membership of standard-setting committees of the New Zealand Society of Accountants. On the demand side, however, consumers of accounting have been provided with only limited scope for participating in the formal process of standard setting. Nevertheless, other means (i.e., exogenous and informal ones) may be used to influence the process. Overall, from both the demand and supply perspectives of regulation, the Big-8 accounting firms (as they were previously known) followed by the preparers of financial statements, seem to have greater participatory capacity in the New Zealand standard-setting process.