论物流业刑事犯罪及法律规制

目前，有关物流行业的法律制度、管理制度的不健全和诸多漏洞，使得物流业刑事犯罪率逐年上升。研讨了物流业犯罪种类，分析犯罪成因，指出强化法治管理，有效遏制物流业刑事犯罪的建议，势必进一步推动物流业健康有序发展。     

中国金融危机法构建的探讨

本次震撼全球的美国金融危机给世人敲响了金融危机不定时爆发的警钟。全球化背景下金融危机的传染性更强、金融风险更大。中国相对脆弱的金融体系需要探索如何防范金融系统性风险,如何健全金融监管体系的制度与法制建设。随着人民币国际化过程深入,制定并颁布《金融危机法》能克服目前金融监管纵向监管体系缺陷,对提高我国金融监管机构应对金融危机能力、稳定金融市场与保增长具有重要意义。     

The legal theory of finance and the financial instability hypothesis: Convergences and possible integration

This article presents the legal theory of finance (LTF) and compares it with the financial instability hypothesis (FIH), identifying points of convergence and divergence. The study aims to contribute to the literature by connecting these theories and provides the following main conclusions. First, the LTF incorporates aspects of the FIH, as the theories share several key elements, particularly the presence of fundamental uncertainty, the constraint of liquidity, and the necessity for governments to act as lenders of last resort. Second, the liquidity concept used in the LTF can be better comprehended with the use of Keynesian and post Keynesian literature on the topic. Third, the LTF aims to advance and update certain aspects of Minsky’s theory, particularly with regard to the globalization of markets, power relations, and the interdependencies of the political economy of finance. The study concludes that the theories are more complementary than divergent and future studies should create an analytical framework that integrates the theories’ most insightful aspects.     

Can Agents Be Better Off with Pay Caps?

A popular way to discipline the managers of companies or banks that got into trouble during the recent financial crisis has been to impose caps on managers' pay. Using a small extension of the standard principal–agent model, we argue that pay caps might serve the opposite purpose, because the agent might be better off with a pay cap. Specifically, we show that, given a fixed effort level to be implemented, the agent's expected utility can be decreasing in an upper bound for the agent's reward. The effect of pay caps on the general structure of optimal incentive contracts is also characterized. While an improvement of contracting information always helps the principal, it might increase or decrease the marginal cost of imposing pay caps.     

第三方支付相关基础法律问题探讨

第三方支付不是单纯的货币转移支付,而是与商业交易密切相关。互联网支付是典型的"担保支付",第三方为付款人的货币支付和收款人的货物交付进行了担保,有效保证了交易合同的全面履行,付款人支付的货币资金具有反担保保证金性质;预付卡支付和银行卡收单支付都是委托代理支付,预付卡支付第三方收到付款人的货币资金属于保管行为。     

Precision and Manipulation of Non-financial Information: The Curious Case of Environmental Liability

This paper develops a model showing how the environmental liability regime and the precision of the disclosed environmental performance indicator affect managers’ incentives (1) to reduce actual pollution and (2) to manipulate the reported pollution. I assume a company with a separation of ownership and control which can be held liable for environmental damages and distinguish between a negligence regime and strict liability. The results suggest that if there is no manipulation but only a lack of precision of the disclosed environmental performance indicator, a negligence rule induces lower actual pollution levels than strict liability even though a negligence rule is considered to be more lenient. If managers are able to manipulate the disclosed environmental performance indicator, they will do so and actual pollution levels will generally increase. While manipulation makes it easier for shareholders to escape liability under a negligence regime, shareholders suffer from manipulation under strict liability due to higher actual pollution and higher expected damage compensation payments. Therefore, the manipulation level is higher under a negligence regime. My analysis contributes to the environmental performance and disclosure literature by showing that the liability regime is an important determinant affecting environmental reporting and actual pollution decisions.     

Institutional Economics as Theory of Policy Change: Impact of Past Policy Failures on Present Policy

Social scientists have developed several theories for understanding or evaluating policy change over time. Since all costs or benefits are not internalized owing to positive transaction costs, policymaking is always implemented under cost underestimation conditions and, therefore, is imperfect. I call this trait policy failure in this article. Furthermore, I show that a new framework combining the social costs approach and the legal/economic approach in institutional economics is suitable and can be applied to evaluating how past policy failures affect present policy, providing as an example the Fukushima nuclear disaster in Japan.     

International Public Sector Accounting Standards （IPSAS） Implementation in the European Union （EU） Member States

The aim of this paper is to analyze the implementation level of International Public Sector Accounting Standards （IPSAS） in the member states of the European Union （EU）. After an introduction of the legislative framework in the EU and a review of the literature about the implementation of IPSAS in the EU member states, this paper classifies, on the basis of a survey, the states according to their formal implementation levels of IPSAS. It also analyzes the types of accounting （cash basis accounting, modified cash basis accotmting, accrual accounting, and modified accrual basis accounting） used by the states studied. The survey shows that there are important disparities among the member states, both for the application of IPSAS and for the type of accounting that is used. Furthermore, it appears that even if IPSAS is not legally adopted in most European member states, there is a tendency to use modern accounting systems based on accrual accounting close to IPSAS.     

国际金融危机下完善中小企业税收优惠制度的法律思考

税收优惠是国家在税收方面给予纳税人和征税对象的各种优待的总称。在中国,99%的企业是中小企业。长期以来我国都有关于中小企业税收优惠的规定,从而促进了中小企业的快速发展。此次国际金融危机使我国中小企业的发展面临严峻挑战,保护中小企业迫切需要税收优惠政策的支持。完善中小企业税收优惠制度,对于帮助中小企业顺利度过难关,促进国民经济发展,维护社会稳定均有重大意义。本文通过借鉴当前金融危机形势下各国关于中小企业税收优惠制度的调整经验,对我国现存相关立法进行了全面剖析,并就完善该项制度提出几点建议。