中国建立境外军事基地的法学思考

一国在他国建立军事基地或者驻军，或者说一国接受他国在本国建立军事基地或者驻军，是世界军事强国必然要面临的一个问题。中国在境外目前并无军事基地或者驻军，这是实然式的结论。但是，这并不意味着将来中固在境外不能建军事基地或者驻军，更不意味着在国际法或者国内法上存在障碍。相反，作为负责任的世界大国，中国在境外建立军事基地或者驻军不仅有必要，而且可行。为了做到“师出有名”，应当首先在国内法上为其提供法律支撑。     

地方院校大学生自主创业现状调查

通过对地方院校大学生自主创业的现状进行问卷调查,研究大学生自主创业面临的困难。结果表明:地方院校大学生在自主创业能力、创业环境、创业教育等方面面临严峻的问题。针对以上问题对如何引导大学生自主创业提出了具体的建议与措施。     

Online Gambling: Murky Legal Status and Vulnerable Socio-Economic Environment Pose Public Policy Challenges

ABSTRACT

The marketing of online gambling has been successful, measured by the revenues being generated and by its tremendous growth in popularity. After examining a growing body of relevant literature, this study analyzes the legal environment of the United States and European markets and its impact on the affected stakeholders. It was found that the legal status of Internet gambling in the United States is in a flux while enforcement is largely ineffective. An exploration of several future scenarios for the legal environment identifies the dire need for clarification of the legal status of the market as the federal government's most important policy challenge. Some suggestions made regarding future research include studies on promotion and consumer welfare.     

维也纳经济大学税法硕士教育对我国的启示

文章考察了维也纳经济大学的税法硕士教育项目,重点介绍其教学实践环节。基于中国税务硕士教育的现状,在师资建设、教学、科研等方面总结出了该教育项目对中国税务硕士教育的启示。     

论惩罚性赔偿公益基金之构建——以法经济学为前提

从法律经济学的视角观之,惩罚性赔偿实乃具有公益性,且依靠“私人执法”的实现形式有助于激励群众维护公益从而降低执法成本,因此,惩罚性赔偿在法经济学上具有完整正当性.在此前提下借鉴美国侵权法的改革举措,可知建立惩罚性赔偿公益基金以使更多受害人获益是该制度正当性的逻辑结果和客观要求,也是侵权法发展的重要趋势.在制度设计上,应...     

Law,politics and the governance of English and Scottish joint-stock companies, 1600–1850

This article examines the impact of law on corporate governance by means of a case study of joint-stock enterprise in England and Scotland before 1850. Based on a dataset of over 450 company constitutions together with qualitative information on governance practice, it finds little evidence to support the hypothesis that common-law regimes such as England were more supportive of economic growth than civil-law jurisdictions such as Scotland: indeed, levels of shareholder protection were slightly stronger in the civil-law zone. Other factors, such as local political institutions, played a bigger role in shaping organisational forms and business practice.     

Shareholder voting rights in early American corporations

In early American corporations, the power of large shareholders was frequently limited by voting rules that partially disenfranchised them. In particular, stock held in an individual's name was granted a number of votes per share that decreased with the number of shares held. Using data from the corporations created in New York up to 1825, this paper analyses the use of these ‘graduated’ voting rights. Consistent with the view that they were intended to help small investors protect themselves against the predations of controlling shareholders, the data indicate that graduated voting rights were imposed in industries that attracted small investments from ordinary households. The results highlight the importance of concerns over the controlling influence of large shareholders in early corporate governance.     

Does the law and finance hypothesis pass the test of history?

For the body of work known as the law and finance literature, the development of financial markets and the concentration of ownership across countries is to a large extent the consequence of the legal system nations created or inherited decades or hundreds of years ago. Despite the seemingly historical nature of this explanation, most of the body of work supporting the law and finance hypothesis has been ahistorical. This paper summarises the business history literature and provides evidence on investor protection and financial development over the long run that challenges the main tenets of the law and finance literature.     

A successful British MNE in the backyard of American big business: Explaining the performance of the American and Canadian subsidiaries of Lever Brothers 1888–1914

After 1888, Lever Brothers expanded into the United States and Canada. The surviving archival evidence suggests that the Canadian subsidiary was more successful than the American one. This article considers a number of factors that help to explain why this was the case. Some of the factors considered, such as differences between the Canadian and American tariffs, Canada's more robust system of trademark protection, and the absence of an anti-trust law in Canada before 1908, are related to themes very familiar to business historians. This article also applies concepts that are not part of the normal toolkit of business historians. The article draws on the literature on identity economics and argues that the greater success enjoyed by Lever Brothers in Canada was, in part, rooted in Canada's strongly British identity. The impact of identities on the policymakers, managers, and consumers who collectively shaped the two North American subsidiaries is assessed.     

EU Enlargement,Institutional Governance and Innovation Environment in the Baltic Countries

Abstract

This paper presents institutional framework to implement innovative and co-operative procedures of industrial reorganization and economic growth in the Baltic countries. By using the recent features of organization mode theories and institutional economics, we apply how institutional development helps the Baltic firms to survive in the integration of EU25 markets. We present this framework as a dynamic process in three stages. The first stage identifies the main foundations from the transition period: macroeconomic stabilization, privatization, and financial governance. The second stage considers how to build up the institutional structure of the governance in production. The third stage points out those topics that enhance innovation environment and benchmarks the Baltic countries to EU innovation capacity. These progressive stages in financial, production, and innovation systems of governance can be overlapped or happen in sequential order but the final purpose of these improvements is to enhance the managerial incentives for higher innovative activity in the EU-Baltic industrial integration. It is found that the Baltic innovation input capacity is competitive compared with the EU25 average but a gap in innovation output is still essential.