论物权法中"担保物权"与担保法的新旧增替

《中华人民共和国担保法》颁行以来的实践表明,现行的担保法存在着诸多缺陷。即将施行的《中华人民共和国物权法》在原有的担保法及其相关司法解释的基础上,根据实践中出现的新情况、新问题,对担保物权制度做了补充、修改和完善,其中增加了担保债权的实现情形、适用范围、第三人担保责任免除情形,增加了代为物的范围和提存代为物的规定,以及物保和人保的行使顺序;在抵押权方面扩大了抵押物的范围,新增"浮动抵押"的规定及不动产抵押权效力的规定。     

Striking a Balance Between Rules and Principles-based Approaches for Effective Governance: A Risks-based Approach

Several recent studies and initiatives have emphasized the importance of a strong ethical organizational DNA (ODNA) to create and promote an effective corporate governance culture of trust, integrity and intellectual honesty. This paper highlights the drawbacks of an excessively heavy reliance on rules-based approaches that increase the cost of doing business, overshadow essential elements of good corporate governance, create a culture of dependency, and can result in legal absolutism. The paper makes the case that the way forward for effective corporate governance is to strike an optimal balance between rules-based and principles-based approaches. The recent corporate scandals have demonstrated that the ethical ODNA is critical to the driving force and basis of legal and regulatory requirements. Effective governance means adhering to ethical principles, not merely complying with rules, and is a crucial guardian of a firm’s reputation and integrity. It is through an effective corporate governance program (that is, one that optimally captures and integrates the appropriate aspects of rules-based and principles-based approaches, and identifies and assesses the related risks) that an organization can reconfigure its ODNA for improved performance. Focusing on the ethical ODNA as the basis of new governance measures provides an opportunity to develop a competitive advantage as it represents a potential source of differentiation, strengthens the relationship with all stakeholders of the organization by building a culture of trust and integrity, and re-instills investor confidence. This paper employs dialectical reasoning that links the ODNA through principles-driven rules in developing a risks-based approach. A comparison from a risk assessment perspective between rules-based and principles-based approaches is presented. Although there have been few applications employing dialectical reasoning in business research, this methodology can be extremely useful in isolating ethical issues and integrating them into the business process. The risks-based approach captures the benefits of both rules-based and principles-based approaches, and incorporates trust-based principles such␣as solidarity, subsidiarity and covenantal relationships.Sundera Arjoon is a Senior Lecturer in Ethics at the Department of Management Studies, The University of the West Indies, Trinidad, He has served as Head of Department (2002–2005) and as Deputy Dean of the Faculty of Social Sciences (1996–2002). His publications have appeared in the Journal of Business Ethics, Journal of Markets and Morality, Global Development Studies, Social and Economic Studies, Applied Financial Economics, and the Journal of Eastern Carribean Studies. His current teaching and research interests include ethical decision-making, corporate governance, virtue ethics and familial ethics.     

新时代我国残疾人社会融合问题研究

社会不同群体间的相互融合是一个复杂的动态过程,要促进残疾人更好地融入社会、实现自我价值,需要充分理解残疾人社会融合的理论界定与实践经验,以此为基础完善新时代残疾人社会融合多领域综合保障机制体系,推动残疾人平等参与和全面融合。通过梳理和分析新时代我国残疾人社会融合的思想渊源,对国内外残疾人社会融合现状、理念、实践进行总结,分析得出应该秉持平等原则、倾斜保障原则、充分融合原则来推进新时代我国残疾人社会融合,并且通过加强制度设计,完善制度框架,构建友好环境,健全设施建设,注重社会引导,实现良性互动,完善社会保障,促进自我认同,推动教育融合,构建全纳教育等方式,将我国残疾人社会融合体制机制建立起来,为我国残疾人对美好生活的向往凝心聚力,彰显大国担当,推动相关研究向世界一流水平迈进。     

Does East Meet West in Business Ethics: An Introduction to the Special Issue

This article introduces and summarizes selected papers from the first World Business Ethics Forum held in Hong Kong and Macau in November 2006, co-hosted by the Hong Kong Baptist University and by the University of Macau. Business Ethics in the East remain distinct from those in the West, but the distinctions are becoming less pronounced and the ethical traffic flows both ways. Gabriel D, Donleavy is Professor and Dean of the Faculty of Business Administration at the University of Macau teaching Business Ethics, Business Negotiation and Advanced Management. His work has been published in Critical Perspectives in Accounting, Corporate Governance, the Journal of Business Ethics, Advances in Applied Business Strategy, the Journal of Higher Education Policy and Management, Long Range Planning and the Asian Review of Accounting which he co-founded. Kit-Chun Joanna LAM is Professor in Department of Economics of the Hong Kong Baptist University. She is also Guest Professor in the Centre for Business Ethics of the Shanghai Academy of Social Sciences, China. She received her Ph.D. degree in economics from Harvard University. Her work has appeared in the Journal of Business Ethics, Journal of Labor Economics, Canadian Journal of Economics, Economica, Journal of Comparative Economics, and Labour Economics. Simon S.M. Ho is Dean and Professor at the School of Business and Director for Corporate Governance and Financial Policy, Hong Kong Baptist University. He founded the Asia-Pacific Corporate Governance Conference and the world’s first master programme in corporate governance & directorship in 2004. He published over 40 academic refereed articles in leading journals such as Journal of Accounting, Accounting & Finance, Journal of Accounting & Public Policy, and Journal of Corporate Finance.     

Book Reviews

In-migrants played an important role within port-city merchant communities, but the contribution of German-born merchants to Liverpool's development in the nineteenth century has been largely ignored. This article has four interrelated objectives. First, it establishes the size and composition of the German merchant community in terms of the place of birth, occupational classification, length of residence, and relative wealth of German-born merchants. Secondly, it measures the degree of acculturation and integration based on a range of indicators including choice of bride, child- and house-naming practices, the employment of fellow nationals, and the acquisition of British citizenship. Thirdly, it analyses their role within Liverpool society, focusing on their involvement in the city's associational networks, their participation in voluntary and charitable associations, and their entertainment profile. Finally it assesses how the growth of German nationalism after 1871 and the institutional role of the German Protestant Church reinforced ethnic identity, influenced decisions relating to citizenship and settlement, and affected business networking.     

Vinyl record: a cultural icon

In this paper, we use the case of the vinyl record to show that iconic objects become meaningful via a dual process. First, they offer immersive engagements which structure user interpretations through various material experiences of handling, use, and extension. Second, they always work via entanglements with related material ecologies such as turntables, speakers, mixers, and rituals of object care. Additionally, these engagements are complimented by a mediation process which emplaces the vinyl historically, culturally, spatially, and also politically, especially in the context of digitalization. This relational process means that both the material affordances and entanglements of vinyl allow us to feel, handle, experience, project, and share its iconicity. The materially mediated meanings of vinyl enabled it to retain currency in independent and collector’s markets and thus resist the planned obsolescence and eventually attain the status of celebrity commodity with totemic power in music communities. This performative aspect of vinyl markets also means that consumers read closely the signals and symbols regarding vinyl’s status, as its various user groups and champions try to interpret its future, protect, or challenge its current position. Vinyl’s future, and the larger expansion of pressing plants and innovative turntable production around it, largely depend on processes of cultural and status mobility. In the current phase of market expansion, vinyl’s status might be challenged by its own success. Neither a fashion cycle phenomenon, nor simple market conditions explain vinyl’s longevity. Rather, cultural contextualization of vinyl as thing and commodity is crucial for avoiding symbolic pollution and retaining sacred aura.     

中国银行业信息化问题探讨

中国金融业和银行业的发展举世瞩目。中国银行业的信息化之路走过了20年,实现了信息大集中、运营集约化、管理现代化和服务电子化。随着全球经济一体化、金融一体化的深入推进,中国的商业银行必须从银行信息化走向信息化银行,即在银行信息化的基础上真正实现融汇、贯通,促使银行业经营管理产生根本变化。具体说来,就是要集中、整合、共享、挖掘。一要转变为规模化、标准化的作业模式,实现业务集中处理,最终达到经营管理的全面集中和集约,使银行在业务量快速增长、业务复杂性大幅提高的情况下,依然保证业务运营的高质量、高效率,有效降低生产运营成本,控制经营风险;二要按照统一的信息技术架构将银行内部各管理系统全部整合到一个系统管理平台,实现各系统互联互通;三要突破信息传导和查控的限制,提高可用性和易用性;四要对银行或者企业非常需要的管理信息、客户信息、产品信息等进行收集、储存和处理,进行挖掘和归纳性梳理,充分利用有价值的信息,帮助管理者判断市场,发现价格,评估风险,配置资源,提供决策支持。中国银行业应在全球银行业剧变之时,为银行信息化建设走出一条新路。     

基于特征分析的逆向供应链激励机制设计研究

逆向供应链是我国重点发展的回收再制造产业的重要组成,是解决资源紧缺和环境污染双重难题的重要途径。首先,研究针对我国逆向供应链中存在非正规回收商充斥市场的结构不合理现象进行研究,发现主要是由于逆向供应链的信息不对称、产品异质性、环境外部性和资产专用性等特征。其次,在特征分析基础上构建理想状态和逆向供应链特征影响下的均衡模型,研究发现低回收再制造水平的非正规回收商是非最优均衡的结果。再次,研究以逆向供应链前端、中端和后端为逻辑顺序,设计了信息甄别传递、提前延迟、违约惩罚和集聚合作四种激励机制,以激励约束逆向供应链的正规回收再制造行为。     

Moving beyond fan typologies: The impact of social integration on team loyalty in football

Abstract

The purpose of this paper is to develop detailed insight into loyalty among football fans of Hibernian FC, moving beyond typologies to a more socially grounded approach. Issues explored include patterns of consumption, distinctions between fan groups, and antecedents of loyalty. The origins and development of the club are evaluated, and consumer fanaticism, football fan loyalty, consumption behaviour, and the sociological impact of fan communities are discussed. Data were collected using a variety of methods, including participant observation, in-depth interviews, and analysis of websites and fan forums. Key findings relate to the impact of family and community influences on loyalty, initial experiences of developing associations with the club, through to the impact of socialisation, and the lived experience of being a supporter. A supporter matrix is constructed as a portrayal of the loyalty found at the club. A range of theoretical implications is considered, and the matrix promoted as a tool for understanding loyalty in clubs with similar social structures and community connections.     

Understanding consumer services buyers based upon their purchase channel

Consumer services such as airlines and hotels include a proliferation of bookings through Internet-proprietary and Internet-third party sites. The other dominant channel for making airline and hotel purchases is via telephone. This research investigates differences in how buyers utilize the three channels in terms of internal and external price search, number of alternatives searched, brand loyalty, purchase frequency, risk of unavailability at the time of purchase, and Internet experience and usage. Results indicate that telephone buyers employ the least external search, consider the fewest number of alternatives during search, are the most brand loyal, are the most frequent buyers, and perceive the lowest level of risk of unavailability at the time of purchase. Conversely, Internet-third party buyers utilize the most external search, consider the largest number of alternatives, are the least brand loyal, are the least frequent buyers, and perceive the highest level of risk of unavailability. Managerial implications and suggestions for future research are provided.     

场域视角下海归科学家流动研究述评及展望

海归科学家是特殊职业类型的移民群体,深刻把握科学家跨国流动、适应融合和发展规律是吸引、留住、用好海归人才的重要保障。当前大部分海归人才流动研究聚焦于流动规律和影响因素的调查分析,对海归人才能动性和流动周期性研究不足。场域视角下,人才流动研究要基于跨国回流、适应融入、职业发展、再次流动等全周期过程,从微观和过程视角去探讨人才在流动中的行动策略、利益冲突和权力博弈等过程,并注重海归人才的类型多样性、环境建构能力和资本运作差异化等内容,理解不同海归科学家在流动和适应发展中的差异性,以更好把握海归科学家跨国流动的复杂性和内在机理,为科技人才政策研究和完善提供理论支撑。     

Making a market for male dairy calves: alternative and mainstream relationality

ABSTRACT

The article uses actor network theory and the field of market studies to take a processual and relational approach to the alternative/mainstream food duality. Questions about how food systems or products make claim to be of the alternative or mainstream, and to what consequence, underpin the study. Analysis traces the making and shaping of two market versions for male dairy calves, a by-product of the dairy industry, often treated as ‘waste’ in the UK. Analysis focuses on the assemblage of actors, the breaking of matters of fact and shaping and communication of concerns, and at actions. Contrary to many approaches to the alternative, focus is paid to overlap between systems, knowledge and actors and simultaneous development of two products. From this, the ethicality of the mainstream, the continued duality and its consequences are discussed. Beyond seeing mainstream/alternative as co-constituted constructs, the two are symbiotic, mutually supportive and implicated in the circuit of culinary capital.     

Sustainable Development: Lost Meaning and Opportunity?

The term Sustainable Development has been used in many different contexts and consequently has come to represent many different ideas. The purpose of this paper was to explore the underlying meaning of the term Sustainable Development, and to assess the dominant ethic behind such meaning. Through this exploration, we uncovered a change in the semantic meaning of the term, and described what that meaning entails. The term Sustainable Development had the potential, we argue, to stimulate discursive engagement with respect to the future development of society within an ethical framework based around the values of inclusivity, diversity, and integration. The importance of philosophical context within which the term is used influences the definitional process of meaning, and has been simulated into the language of the dominant scientific-economic paradigm. We go on to explore how this meaning change has come about. In doing so we looked to the Enlightenment period and the resulting philosophies to explore the foundations of meaning, and then to the work of Jürgen Habermas to explain how the scientific-economic paradigm came to dominate the meaning of Sustainable Development.Andrew Fergus is a Ph.D. Candidate in the Haskayne School of Business, with a double major in Organizational Dynamics (Organizational theory/behaviour) and Environmental Management/Sustainable Development. His research is focused towards the dynamic relationships found at the interface of organizations, society, and the environment. Julie Rowney is a Professor, Human Resources and Organizational Dynamics, in the Haskayne School of Business at the University of Calgary. Dr. Rowney’s research activities lie in the areas of diversity, gender, environmental organizational interactions, human resources (leadership, change, crisis issues) and international/cross-cultural comparisons.     

An emotional economy of mundane objects

This article illuminates the affective potentialities of objects. We examine the circulation of Kurdish music cassettes in Turkey during the restrictive and strife-laden period of the 1970s, 1980s, and 1990s. We find that the practices comprising circulation – recording, hiding, playing, and exchanging cassettes – constituted tactical resistance and generated communal imaginaries. We illuminate the “emotional economy” that is animated by a mundane object: the cassette, through its circulation, becomes saturated with emotions, establishes shared emotional repertoires, and habituates individuals and collectives into common emotional dispositions. Cassettes thus play a part in shaping and reinforcing an emotional habitus that accompanies the emergence of a sense of “us,” the delineation of the “other,” and the relationship between the two. We thus demonstrate the entwinement of materiality and emotions, and examine how this entwinement generates emotional structures that shape and perpetuate the imagining of community as well as the enactment of resistance.     

Market Cultures,the Middle Classes and Islam: Consuming the Market?

In discussions of Islam and consumer practices, there is a tendency to focus exclusively on the “clash of cultures”, particularly that between Islam and the “west”. In Islamic societies, consumer culture is often portrayed as a threat, harmful to religion as it privileges hedonism, pleasure, individualism and an expressive lifestyle. To counter the influences of the market and “deislamisation”, Islamic fundamentalists and revivalists have posited Islam as an innoculative pill against decadent western values. Such analyses, however, do not add very much to our knowledge of contemporary modernist Islamic societies undergoing rapid social and economic transformation. In examining the case of Malaysia, the paper seeks to shed some light on how the various interpretations of Islam impacts on modern Malaysian Muslims.

The paper starts with an examination of the central concept of Islam as a discursive tradition and its continuing legacy in the Malaysian social and political formation. The paper next examines the role of the state and how its ability to affect a national vision of high‐modernist development and growing affluence has created a new Malay middle class. Increasing wealth and a growing middle class have seen an intensification of new consumption patterns and practices. At the same time, there is a growing Islamisation, and culturally and politically the urban Malay middle classes are split as they are both sympathetic to the Islamic revivalist tradition and are active consumers of middle‐class lifestyle. These contradictions played themselves out in the public sphere and percolate down into everyday life and practice, affecting power structures and discourses. Classes, identities, entrepreneurship, the nature of capitalism, civil society and dissent are consequently all affected. The paper therefore argues that the differing interpretations in Islam enable different understandings of consumption and identity formation and that such analysis can engender richer and greater analytical insights in the context of Islamisation, modernity and consumption.     

From Brighton beach to blogs: exploring food-related nostalgia in the Russian diaspora

This research presents a qualitative exploration of food-related nostalgia experienced by individuals from Russia and the former Soviet Union in the context of diasporic waves. By varying time and space dimensions associated with nostalgia, the analysis is conceptualized around three “locations”: (1) Russia and the Commonwealth of Independent States, (2) Brighton Beach, New York, and (3) cyberspace. Weblogs, demonstrated here to be objects of inquiry, are analyzed according to their nostalgia content, social connections, and community interaction. Nostalgic evocation through traditional cuisine is evident in all three settings. Personal, interpersonal, and cultural nostalgia are apparent in web content, demonstrating a technological role in the creation, sharing, and dissemination of nostalgia. Implications of the study relate to the sociology of food and interdisciplinary food studies, culinary tourism, online and offline marketing, and product distribution into ethnic and international markets.     

An Empirical Investigation of the Ethical Perceptions of Future Managers with a Special Emphasis on Gender – Turkish Case

This study presents an empirical investigation of the ethical perceptions of the future managers – Turkish university students majoring in the Business Administration and Industrial Engineering departments of selected public and private Turkish universities – with a special emphasis on gender. The perceptions of the university students pertaining to the business world, the behaviors of employees, and the factors leading to unethical behavior are analyzed. The statistically significant differences reveal that female students have more ethical perceptions about the Turkish business climate, behavior of employees, and the ethicalness of the behavior of the employees in comparison with their male counterparts. M.G. Serap Atakan is an Assistant Professor at the Department of Business Administration of Istanbul Bilgi University, Turkey. She is teaching and conducting researches on business ethics, corporate social responsibility and retailing. She has two co-authored articles published in the Journal of Business Ethics. Sebnem Burnaz is an Associate Professor of Marketing at Istanbul Technical University. She holds Ph.D. degree in management with major in marketing. Her teaching and research interests are in the field of Marketing, Retailing, Decision Making, and Business Ethics. She has published articles which have appeared in Advances in International Marketing, Sex Roles: A Journal of Research, Journal of Multi-Criteria Decision Analysis. Y. Ilker Topcu is an Associate Professor of decision sciences in Istanbul Technical University. He has finished his Ph.D. studies in I.T.U., Faculty of Management. His teaching and research specialties are in the field of Operations Research/Management Science, Multiple Criteria Decision Making, Logistics, Transportation Planning, and Business Ethics. He has published papers which have appeared in Journal of the Operational Research Society, European Journal of Operational Research, Journal of Multi-Criteria Decision Analysis, Journal of Global Optimization, Transportation Research Part A, Lecture Notes in Economics and Mathematical Systems, Energy, and Building and Environment.     

跨渠道整合的研究述评：内涵、维度与理论框架

在全渠道或多渠道营销的背景下，跨渠道整合成为企业和学术界关注的热点和新的研究领域。然而现有文献缺乏对于跨渠道整合相关研究的系统性回顾和梳理，存在概念内涵表面化、测量方法不统一以及缺乏理论框架指导等问题。这为后续研究带来困扰。鉴于此，文章回顾、梳理和分析了中外跨渠道整合的相关文献，在归纳前人研究的基础上，讨论了跨渠道整合的内涵、维度和测量工具，并以前因、直接后果和企业绩效的逻辑关系构建了一个跨渠道整合的理论框架，识别出一些重要的研究缺陷，为未来的研究打下基础。     

土地政策对区域经济发展方式的影响——对青岛区域经济的分析

从历史和发展的视野看,土地政策改革是经济发展方式转变重要的决定性因素。新中国成立以来,青岛区域经济发展演进的过程与以农村土地政策改革为主线的土地政策转变的过程在时段上基本吻合,土地政策对青岛经济发展的影响十分明显。在土地资源紧缺的情况下,应充分利用土地政策的杠杆和规划作用,进一步推动产业结构调整和优化、促进城乡统筹发展、培育战略性新兴产业,实现制造业、服务业的高端化。