《合同法》第308条在司法实践中的适用风险

本文从国别立法比较的角度解读《合同法》第308条规定,剖析该条规定在海运实践中因与《海商法》并存的法律选择、托运人作为唯一的权利主体以及变更解除合同行为属性等问题可能产生的法律预测功能丧失或者运作不正常导致的司法风险,提出完善立法、补充司法解释等观点,希望有益于《合同法》第308条适用风险的降低和化解。     

Product manager in perspective

While many articles have been written on a diversity of topics relating to the product management system, practically nothing has been reported on the backgrounds of product (or brand) managers. Therefore, the purpose of this article is to provide some current information and insight into this area. Specifically investigated are the backgrounds of current product managers, their career paths, their current profiles, and finally, where they go after leaving product management. Also studied were the opinions of the current product managers on what background is necessary for success in the field, as well as their opinions on some contemporary issues and future prospects for the product management system.     

债务经济、美元回流与全球经济失衡——兼论后危机时代中国的应对

金融危机予美国经济以重创,美国迫切需要在全球转嫁其损失,以实现其所谓的全球经济再平衡。文章探讨了美国如何借助美元这一霸权货币,通过美元的国际循环在全球进行债务扩散,以及由此造成全球经济结构失衡的内在机理。研究发现,当前国际分工格局的错位导致了美国巨大的贸易逆差,美国的高赤字率和低储蓄率是造成经济失衡的根源;美国通过美元输出及美元回流在全球进行债务扩散及债务转嫁;经济结构的严重失衡及美联储量化宽松的货币政策导致超发货币,这必然加速美元危机的到来。后危机时代经济失衡的治理必须加强中国等新兴国家的作用。     

Adapting consumer products to lesser-developed markets

Different types of modern consumer products require substantially different amounts and types of adaptation in preparing them for marketing in Lesser-Developed Countries (LDCs). This study reports conclusions drawn from an empirical study of 174 products marketed by 61 subsidiaries of multinational corporations operating in 22 different LDCs. Some product categories, such as foods and drinks, require adapting to fit them more appropriately for LDC marketing conditions. Other categories, such as cosmetics, undergo few adaptations, as their makers seek to reap the benefit of their products' established images in LDCs. Still other categories, such as pharmaceuticals, undergo minimal adaptations, because of the substantial advantages their makers attach to global standardization.     

浅析劳动争议“一裁终局”制度中裁审衔接问题

《劳动争议调解仲裁法》第四十七条建立了对小额仲裁案件以及涉及国家劳动标准的案件附条件的“一裁终局”制度,但对该项制度规定得过于简略,在操作技术层面考虑不周,尤其对该制度在仲裁与诉讼的衔接上未作详尽规定,使该制度的实际操作遇到很多困难和争议,导致其设计初衷未能进行充分有效地发挥。本文通过分析现行法律规范框架下劳动争议“一裁终局”制度在裁审衔接方面面临的主要问题的成因及其在实践中引发的困难,有针对性地提出解决这些问题的方法和建议,以期使“一裁终局”制度充分发挥其效用,从而促进劳动争议处理程序方面公平与效率的统一,构建和谐稳定的劳动关系。     

Market performance and the nature of a competitive fringe

It is sometimes argued that increasing the size of fringe firms in relation to market leaders will result in more competitive performance in the market. This paper tests the hypothesis that the number and size distribution of fringe firms in a market will affect overall market performance. The analysis is based on a sample of 3777 commercial banks located in 372 local markets during 1976–1980. Test results indicate that a competitively structured fringe of firms has a procompetitive influence on performance in the market. This implies that mergers between fringe firms are likely to have an adverse effect on competition rather than a procompetitive effect, as sometimes argued.     

Uncertainty,organizational form,and x-efficiency

When the firm is uncertain about the efficiency units of labor that it employs, some organizational forms—franchise, owner-operated, and multiplant firms— may be more profitable than others. As a result, particular organizational forms may dominate an industry with uncertain inputs. Conversely, various organizational forms may be selected by a company selecting producing units that will maximize the decision maker's expected utility of profits. This paper offers an alternative view of firm attributes associated with x-efficiency.     

原产地规则与中美贸易差额

随着中国对美贸易顺差的持续增长,外贸平衡已逐步演变成影响两国双边经贸关系乃至政治关系的突出问题。造成这种局面的原因是多方面的,本文主要从经济全球化条件出发,探讨在当前形势下原产地规则作为统计两国双边贸易的一个基本指标存在的问题与缺陷,以及由此对中美贸易差额统计造成的影响。     

略论资本内涵及资本确认

无论在古典经济学中 ,还是在现代经济学中 ,都很难找出一个确切的资本定义。但是 ,“资本”却是经济学所有学科当中出现频率最大的概念之一。在分析一些代表性定义的基础上 ,提出资本必须由一个双重体系加以确认 ,即法律上的权益认定和会计上的权益计量 ,体系中任何一种缺陷将会造成权益界限不清的后果。     

Dividend decisions and the structure of the life insurance industry

The behavior of life insurance company dividend decision-making is modeled for both stock and mutual companies. Insurer payout behavior, regardless of organizational form, follows a “savings” pattern which buffers the dividend stream from short-run variability. Thus total payouts to policyholders and/or stockholders reflect long-term results rather than annual experience. Variables important in explaining annual changes in dividend levels are related to the organizational structure of the insurer. Whereas mutual companies primarily relate the change in payout to volume, stock companies' payout differentials are primarily a function of earnings. The study also examines the relative importance of policy reserves, contingency reserves, and surplus in dividend decisions.     

The entrepreneur's search for capital

The popular media have been inundated with stories of the spectacular success of start-up companies whose very existence, let alone their meteoric growth, would not have been possible without the infusion of venture capital. By comparison, there is a dearth of scientific research on the topic of venture capital. In this article we take a systematic look at entrepreneurs in search of risk capital. This inquiry is based upon five data bases including surveys of venture capitalists and entrepreneurs. We have tracked 193 ventures which were denied venture capital, surveyed 179 new high-technology companies in Northern California, and reviewed the Dun & Bradstreet credit reports of 145 new ventures in California in SIC codes related to the high tech sector with follow-up interviews of 86 of these 145 start-ups.     

Capital market efficiency and the relationship between equity returns, interest rates, and monetary aggregates in Australia

This paper examines the efficiency with which the Australian share market incorporates new information relating to interest rates and the monetary aggregates into share prices. It finds a strong relationship between medium term government security yields and equity returns although little relationship could be found between unanticipated changes in the monetary aggregates and share returns. Furthermore, the interest rate relationship involved long lags and suggests inefficiency in stock market pricing in Australia.     

Increases in energy prices,costs of production,and plant size

A translog cost function is estimated for U.S. manufacturing in order to investigate plant size differences in responses to increases in energy prices. Smaller plants were more intensive users of energy in the early 1970s but were also better able to substitute out of energy and into other inputs during the first round of energy price increases. As a result, by the mid-1970s larger plants had become more intensive energy users. Thus, later energy price increases probably had a greater adverse impact on the production costs of larger plants in manufacturing.     

我国粮食安全:基于美元贬值视角下的分析

由美元贬值引起的农资生产资料价格上涨、替代生物能源需求增加、国际投机资本流动等派生因素对粮食价格的直接、间接推动作用,根据我国粮食现状,现阶段应采取敦促美元升值、提高粮食单产、提高科技对粮食贡献率,以及密切关注国内粮食期货价格波动等,努力保证我国粮食安全。     

Sales expectations and inventory changes in retail trade

In this paper a single equation inventory investment model is estimated for the United States retail sector. Monthly data for the 1970s are utilized. In estimating the model it is alternatively assumed that expectations were formed according to a seasonal model, to perfect foresight, and to a narrowly rational expectations model. We find that a model in which expected sales and the expected rate of inflation are narrowly rational can explain most of the variation in retail inventory investment during the time period studied. The results of the estimation imply that retailers have a relatively short forecast horizon, that they can react quickly to either unexpected sales or to a deviation of actual from desired inventory stocks, and that an increase in the real of interest has a statistically negative impact on retail inventory investment.     

美国次贷危机对新疆出口贸易的影响

美国次贷危机不仅引发了全球金融市场的剧烈动荡和流动性匮乏,更波及到众多国家的对外贸易发展。作为世界上最大的消费市场,美国次贷危机导致本国经济低迷,在很大程度上对中国出I：1产生了负面影响,对于新疆出口贸易短期内影响微弱,但从长期看将会阻碍新疆出口增长。因此应大力推进新疆地产品出口,实现多元化市场战略以降低次贷危机所带来的负面影响。     

Note,advance refunding and municipal bond market efficiency

This study uses the public announcement of an advance refunding to examine the informational efficiency of the secondary market for municipal bonds. The data show that bond yields respond quickly and in the direction predicted. The text discusses methodological considerations and the data sources used in the tests. The results of the study indicate that even for infrequently traded bonds, yields can be expected to reflect fully changes in default risk.     

论美国国会与对外贸易法的制定与执行

在美国三权分立政体下,对外贸易法律的制定和执行是国会、总统交互作用的复杂过程。国会一方面通过授权总统扩大自由贸易;另一方面又建立完善的进口救济制度来平衡贸易保护主义的利益。国会还把相当的权力委托给国际贸易法院由其行使司法审查权,防止行政机关滥用授权。美国贸易政策的制订权往往是在行政部门和立法部门之间进行分配,法院通常奉行"司法克制"的态度,通常避免就国会和总统之间在对外政策领域的权力关系问题进行裁决。但其一旦决定介入,必然成为最终的决定性因素。     

Organization technology and the media and purpose dimensions of organization communications

Data collected from field research using structured observations indicate for task communications significant relationships between organization technology certainty (using Perrow's typology) and use of verbal and sign media and no significant relationship with use of object and written media. These data also indicate relationships between technology certainty and stimulus and problem solving communications purposes. Directionality of communications moderates these technology-purpose relationships, even exposing some additional relationships. The last section of this article proposes a reconceptualized model of organization communications, considering technology certainty, member mobility, and leadership style as independent variables and directionality as a moderating variable.