Efficient Liability Rules: Complete Characterization

Received May, 18, 2000; revised version received March, 19, 2001     

优惠性原产地规则的效应分析--兼论世界贸易组织统一优惠性原产地规则的必要性

在国际贸易日趋自由化的背景下，原产地规则尤其是优惠性原产地规则却日渐被用作非关税贸易保护措施。乌拉圭回合制定的《原产地规则协议》对非优惠性原产地规则做出了统一规定，但未能对优惠性原产地规则制订出多边规则。本文分析优惠性原产地规则的保护机制及其效应，指出WTO统一优惠性原产地规则的必要性。     

Formal business process engineering based on graph grammars

Designing and managing a company's specific landscape and its business processes has been identified as a great challenge for several years. Business processes are highly dynamic and distributed and can only rarely be planned, modeled and analyzed completely. For a computer-aided business process system, which supports the designing and managing process, first of all a powerful uniform formalism is necessary, where all necessary knowledge concerning company's and its processes can be represented. In this paper we will concentrate on the introduction of such a formal methodology to describe business processes, company organization structures and information technology structures in one uniform formalism. The ideas we use are mainly based on methods from graph grammars, process management, Artificial Intelligence and business process (re)engineering.     

Heterogeneity and Share Contracting in Medical Group Practices

This paper offers an empirical analysis of the relationship between income sharing rules and physician heterogeneity in medical group practices.The economies to group formation associated with risk–sharing, mutual monitoring,and internal referral are served by sharing at least a portion of group income equally. Sharing group income equally is problematic, however, when group members differ in their contribution to group income. Member contributions to group income may differ because of differences in ability, effort, or the price of services across specialty fields. The analysis below is addressed to the question of how income sharing rules in physician groups are affected by variation in member contributions. The analysis finds evidence that heterogeneity in member contributions to group income limits the use of equal income sharing rules in multispecialty groups relative to single specialty groups, and large groups relative to small groups. Nevertheless, 65% of all groups in the survey share at least a pn of group income equally, which broadly suggests that the joint surplus enhancement from risk sharing, mutual monitoring, and internal referral are sufficient to overcome the incentive problems of such rules     

Post-euro EU and US interest rates and foreign exchange rates: Are they in harmony or in disarray?

This paper focuses on: (1) how a select set of financial and economic factors could set the path for interest rates and foreign exchange rates, and (2) whether the resultant realized interest and exchange rates would be in harmony or in disarray. Using post-euro data for the EU and the US, an array of monetary rules is examined. In particular, the paper investigates whether the original and the extended Taylor rules provide an explanation of the dynamics of the EU monetary system since the inception of the euro. Our findings indicate that the EU and the US monetary responses are not the same and that exchange rates play a significant role.     

Individual rights and organizational theory

Rights are very important concepts in everyday life. And they are especially important to participants in organizations. Yet, our theories of organization and management have largely ignored rights — stressing, instead, other concepts, such as goals, roles, etc. This article describes the historical significance of rights and their relevance in understanding social behavior. The advantages of a right-based organizational theory (versus traditional goal-based theories) are discussed.This article draws on the author's forthcoming book,A Social-Contract Theory of Organizations (University of Notre Dame Press, 1988).     

制约上市公司并购的外部因素及对策

随着我国证券市场的建立,上市公司并购出现快速发展的趋势,但同时存在着制约其发展的一些外部因素。本文建议,应建立健全相关并购法规,减少政府干预,完善证券市场机制及拓宽并购融资渠道,加强与规范中介机构在并购中所起的作用,以推动上市公司并购的健康发展。     

关于宪法司法化的再思考

对宪法司法化既要看到其对公民宪法权利保护、制约违宪行为、促进法治进程和中国宪政建设等方面的 积极作用,也不能对其作简单、理想化的理解。只有结合当代中国法制、法治和宪政的建设实践,通盘考虑,才能正确 认识宪法司法化在我国的法治与宪政建设中的作用。     

沈钧儒先生与宪政运动

沈钧儒先生“一生从事宪政运动”。作者以1939－1940年间沈钧儒先生发起、推动宪政运动的活动和主张为重点，阐述了其宪政思想包括四个方面的内容：第一，和平立宪的观点；第二，宪政思想的人民性；第三，不能于宪法之外另立法律限制人民自由；第四，宪政既是手段也是目的。     

民营旅行社在中国的发展

通过民营企业东星旅行社借助汉口国旅的“壳资源”进军出境旅游业务的事例，探讨民营资本向旅行社行业扩张时，面临的各种制度壁垒和其他困难，并联系中国加入世贸带来的机遇和挑战，对民营旅行社的发展和扩张提出了系列想法和建议。