景区经营权转让的缔约分析——以碧峰峡和马万景区为例

目前我国景区整体转让有两种方式,一是整体转让经营权,一是整体转让特许经营权。本文选取碧峰峡和马万景区,通过对二者缔约过程进行对比分析,认为景区经营权的明晰是整体转让实现成功缔约的前提,受让者的经营能力对整体转让至关重要,同时授权者的影响力也直接关系着转让的缔约过程。     

Managers,Workers, and Authority

In this paper, I examine the case made by Christopher McMahon for managerial democracy. Specifically, I examine the extent to which McMahon’s account is able to address a series of objections against the case for managerial democracy as articulated by Thomas Christiano. Christiano articulates two sets of objections. First, Christiano argues that McMahon does not succeed in ruling out the possibility that managerial authority is best understood as promissory in its basis, in which case there is no presumption in favor of its democratic exercise. Second, Christiano raises a series of objections to the effect that even if we accept McMahon’s account of the nature of managerial authority, the conclusion for the democratic exercise of that authority by workers at the level of individual economic enterprises does not follow. In the end, I argue that McMahon’s account contains the resources to address these objections if one adopts a specific view about the moral limits to relationships that involve the submission of the will on the part of one person to another. Adoption of this view, however, appears to come at the expense of what I take to be the account’s commitment to liberalism. As such, what I understand this paper to reflect more generally is the apparent difficulty for liberals in arguing that there is something inherently morally troubling about capitalist work relations.     

海关内审发展变化及对策研究

摘要：海关内部审计工作经过了15年的变化发展，已经逐渐地融入到海关的各项改革当中，与改革同步，与风险同在，使我们的权力制约更加有效，使我们的工作更加有序，使我们的队伍更加健康。当前海关内部审计主要存在宏观性战略审计的思考和实践不足、内审方向校准不够及时、信息化和科技化的监督手段还不够充分三个方面的问题。推动海关内审工作进一步向前发展需要四个方面的工作：树立战略型内审监督理念和思维模式、完善与海关改革与发展相适应的内审监督体制、建立以风险为导向的内审工作模式、培育专家型的内审监督队伍。     

The Space Between: Towards a Typology of Interfirm Relations

ABSTRACT

Understanding and managing the relationships between firms is the central issue in business to business marketing. Some of the results of a program of research undertaken in Australia to study interfirm relations are used to develop an empirically based typology of interfirm relations focusing on the mix of cooperative and competitive elements coexisting in a relationship. Measures are developed of relationship cooperativeness and competitiveness and relations are classified into one of four types based on whether they score high or low on each dimension. A dynamic process model of interfirm relationships is developed as a basis for identifying the main factors driving relationship development. Measures of these factors form the basis for regression analysis to identify the characteristics of each of the four types of relations and examples of particular relationships are used to illustrate the characteristics identified.     

经济危机背景下地方政府债务的探究

长期以来,我国地方政府沉重的债务负担一直是困扰我国国民经济健康可持续发展的隐患之一。当前正值经济危机时期,扩大内需、刺激经济的政策需求使得我国地方政府的债务风险逐渐放大。如果治理不当,这将会对我国摆脱经济危机以及国民经济的后续发展产生无法想象的冲击。     

Monitored by your friends,not your foes: Strategic ignorance and the delegation of real authority

In this laboratory experiment we study the use of strategic ignorance to delegate real authority within a firm. A worker can gather information on investment projects, while a manager makes the implementation decision. The manager can monitor the worker. This allows her to exploit any information gathered by the worker, but also reduces the worker's incentives to gather information. Both effects are influenced by the interest alignment between manager and worker. Our data confirm the prediction that optimal monitoring depends non-monotonically on the interest alignment between managers and workers. Managers also show some preferences for control that seem to be driven by loss aversion. We also find mild evidence for hidden benefits and costs of control. However, behavioral biases have only limited effects on organizational outcomes.     

Practical Problems and Moral Values: Things We Tend to Ignore Revisited

The purpose behind this paper was twofold: (i) to reflect on situations where management had acted in an improper i.e. unethical manner, and (ii) to re-examine moral values that ought to have been addressed in working through these situations. The study included appraisals of power and authority, and the way these qualities were used or misused in a range of managerial and organisational situations. The paper illustrates difficulties associated with deciding which activities are illegal, which are unethical, and which are neither. Examples of unethical administrative practices such as payments to expedite compliance on contentious issues, persuading people to make favourable reports on sensitive issues and massaging the figures in committee situations were some of the activities which were alluded to. It was thought that if moral values such as trust, honesty and integrity were completely ignored in organisations, then organisations would find it difficult to survive and prosper.     

机会主义、土地产权、合法权威与农村“界畔纠纷”——制度经济学与法律社会学视角的精练解释

在我国城市化推进过程中,土地征用所致的农村土地价值显性化激发了农民的机会主义行为倾向,而农村土地承包权划分不清和农村“合法权威”的缺位则使得农村土地产权制度难以有效约束农民的机会主义行为.在机会主义行为盛行之下,村民间为争夺土地附加价值而产生的“界畔纠纷”有其必然性.应继续做好农村土地的确权工作,建立划分明确、易于执行的农村土地产权制度;并通过建立惩罚和约束农民机会主义行为的法律法规、树立政府管理部门的廉政形象以及提高农村居民的法律文化素质,将农村土地产权制度规则在农民内心进行内化,实现法律秩序的经验效力,树立农村社会“权威”,才能有效控制当前我国农村的“界畔纠纷”.     

论权力有限论的权力观

权力有限论是现代政治民主观念在法律上的延伸，是现代民主理论和宪政理论结合的产物，是现代宪政民主理念的集中体现。它是以人民主权论为一般理论、以分类分权和权力与权利均衡为具体法律操作技术的权力相对主义观念。权力按国家职能分工配置。权力受限制是其根本内涵。领导干部树立正确的权力观，对于履行好岗位职责和促进国家的民主化进程具有重要意义。     

招商引资中地方政府作用的重新定位

长期以来，我国地方政府在招商引资中处于主角的地位。地方政府招商引资尽管具有一定的历史合理性，但也引发了很多严重的问题。在市场经济逐步完善、社会发育程度逐步提高的背景下，对地方政府在招商引资中的作用需要重新定位。