On efficiency of the ratio estimator

Summary The exact mean square error for the ratio estimator of a finite population total based on simple random sampling without replacement is shown to have an expected value less than that of the variance of the ratio estimator based on Midzuno’s scheme, under a usual super-population model.     

Non-commitment in performance evaluation and the problem of information distortions

Auditing is modeled in a sequential game without commitment. The manager must decide whether and where to audit a worker's output, taking into account all interim information he has obtained. The worker will work just hard enough (and show it) to divert the manager from making an audit or cover up, withholding information about his work to make an audit more difficult. This usually raises the costs of setting work incentives, so incentives are softened, sometimes drastically. Moreover, when a worker's on-the-job information is valuable for entrepreneurial decisions, work incentives must be softened to improve the internal flow of information.     

知识产权侵权归责原则探析——谈无过错责任原则的不适用

知识产权侵权损害赔偿采用何种归责原则,事关知识产权权利人的权益及普遍公众的公共利益.无过错责任原则在知识产权侵权损害赔偿领域的适用打破了知识产权权利人和公共利益的平衡,影响了知识产权制度平衡机制的正常运转,歪曲了知识产权激励机制的本意,束缚了一般民事主体创造知识产品的热情.无过错责任原则在知识产权领域的适用有其天然的弊端和不足,而TRIPS协议第45条也并未将该原则作为一般原则来对待,即便按照民法学方法分析,知识产权侵权损害赔偿也不应适用无过错责任原则.     

Russian workers’ experiences with and perceptions of sexual harassment severity

As the reach of global business operations increases, cultural context will likely influence the nature and amount of sexual harassment workers experience. Surprisingly, little is known about sexual harassment in Russia, an attractive target for expanding companies. To address this gap in the literature, we examine Russian workers’ perceptions of sexual harassment severity through the lens of cultural context. In particular, we examine the sexual harassment severity perceptions from the perspective of both targets and perpetrators. Results indicate that as targets of sexual harassment, Russian women and men held similar sexual harassment severity perceptions. However, as perpetrators, Russian women reported perceiving the harassment they committed as being less severe than the reports of Russian men. Further, among both targets and perpetrators, Russian women held less permissive sexual attitudes than Russian men, with this difference mediating the relationship between participant sex and perceived sexual harassment severity: women perceived greater severity than men because women hold less permissive sexual attitudes. Implications for research, practice, and the role of national culture in shaping the social construction of sexual harassment are discussed.     

北宋孤幼、户绝财产检校制度辨析

财产检校制度是宋代朝廷对社会孤幼家庭的财产或者有争议财产进行代管、到期归还的一种强制性财产管理制度,主要有孤幼财产检校和户绝财产检校.其中前者直接承袭唐五代,后者于太平兴国二年正式确立.北宋前期开封府的财产检校一般由内侍省和三司临时受朝廷旨意施行,开封府检校库约于庆历四年出现,用以管理并存放检校财产,地方州军存放在军资库(元符二年后存放在常平库).这是中国古代社会产权制度一大发展.     

Promotion and Prevention Contracts in Industry Level Firm to Firm Dyad

ABSTRACT

Purpose

This article aims to introduce and distinguish two features of contract design – prevention and promotion contracts – and compares their effects on opportunism within the distributor–supplier relationship. It also examines the moderating role of ex post contract enforcement strategies.     

Impacts of land-cover change on the water flow regulation ecosystem service: Invasive alien plants,fire and their policy implications

Land and water resource issues typically fall under separate governance systems. For example, agricultural policy regulates land-cover change while water departments regulate water quality. However, land-use changes can directly affect water resources. Water flow regulation is a key service which is affected by changes in land-cover but its dynamics are poorly understood by most policy makers and land management organisations. We simulated and quantified the effects of plant invasions on land-cover, hydrological soil characteristics and catchment responsiveness on flow regulation using a hydrological model. The case study was located in the indigenous fynbos shrublands in South Africa. Fynbos requires fire to regenerate, has moderate biomass, occurs mostly in areas with a potential to erode and is prone to invasion by woody plant species, particularly trees. Invasions can affect flow regulation by changing community structure and function and increasing fuel loads. The greater fuel load increases fire intensity and severity which, in turn, changes the hydrological responses of catchments. Few studies have assessed the effects of invasion on hydrological responses but studies on plantations have recorded significant increases in soil water repellence following fire, resulting in increased overland flow similar to impacts of fires in invaded areas. Simulation of clear-felling of pines and different degrees of water repellency increased both the responsiveness of the catchment to rainfall and extreme rainfall events. The simulated fire effects were consistent with other studies of hydrological responses to fire. Our study indicates that invasions of pines and acacias in the study area could substantially increase the risk of flood damage even from moderate rainfall events, and highlights the importance of maintaining flow regulation capacity. New policy approaches are required which take account of the linkages and interactions between land-use choices, water resources and ecosystem services, and address them when considering governance arrangements.     

“德主刑辅,礼法并用”刑法思想在我国的传承与发展

刑法思想是指导立法和司法的理论基础。司法效果是产生刑法思想的实践源泉。中华民族从封建王朝的"德主刑辅,礼法并用"刑法思想到新民主主义时期的"镇压与宽大相结合",再到新中国成立的"惩办与宽大相结合",直至近年来国家实行的"宽严相济以及控制和慎重适用死刑",它们既一脉相承,又发展创新。其宗旨在于注重教化挽救,打击极少数,争取大多数,减少社会对立面,增加和谐因素。以此为指导思想,则社会安定,经济繁荣;反之,重典治乱,虽救弊一时,但衰败亦促。     

论无权处分的法律效力

无权处分的法律效力一直就有争论,相关论文也非常多。在主张物权行为与债权行为区分对待和坚持物权行为有因性的前提下,对无权处分的法律效力加以区分控制。     

失地农民中特殊群体非正规就业问题实证研究——以成都市郊两镇为例

通过对成都市郊弥牟镇和大弯镇的特殊群体——大龄、文化程度低失地农民非正规就业选择问题的实证案例及其理论分析,揭示了非正规就业是大龄、文化程度低失地农民人力资本合理的再配置形式;城市政府现行相关政策导向和制度安排导致非正规就业制度成本上升,无助于这一群体生计的可持续性。城市政府应积极看待非正规就业的正面功能,以新的制度安排促进非正规就业市场的健康发展,从而为社会弱势群体创造实现可持续生计的公平机会。