论缓停建工程中优先权的冲突与顺位确定

由于缓停建工程所涉及的法律权利的复合性与多重性,债权人在实现自己的债权时势必会与他人的民事权利产生冲突,须确立一定的规则来协调各种权利冲突,使处于优位的特定债权人的利益得到保障。在确立解决优先权之间冲突原则的基础上,尚须对各项权利安排合理的顺位,以为法院处理此类问题提供一条切实可行的思路。     

Insider Ownership and Firm Value: Evidence from Real Estate Investment Trusts

Real estate investment trust (REIT) provides a unique laboratory to study the relation between insider ownership and firm value. One, a REIT has to satisfy special regulations which weaken alternative mechanisms to control agency problems. Empirically, I find a significant and robust nonlinear relation between Tobin's Q and REIT insider ownership that is consistent with the trade-off between the incentive alignment and the entrenchment effect of insider ownership. Two, many REITs are Umbrella Partnership REITs (UPREITs) which have dual ownership structure. They have both common shares and Operating Partnership Units (OP units). Property owners can contribute their properties to the UPREIT in exchange for OP units. Their capital gains taxes remain deferred as long as they hold onto their OP units and the UPREIT does not sell the properties they contributed. OP units owners are locked in with the firm and have incentive to monitor firm management, but their interests diverge from the common shareholders because their tax bases are much lower. Consistent with the trade-off between positive monitoring effect of OP units and tax-induced agency costs, I find that UPREIT's firm value increases with the fraction of OP units, but the effect is significantly weaker for the UPREITs where insiders hold OP units.     

Acquiescence and conflict in exchanges between inbound tour operators and their overseas outbound partners: A case study on Tanzania

Achieving partner acquiescence is critical in interfirm exchanges because it allows the focal firm to achieve its desired outcomes. Using a case study on dyadic relationships between inbound tour operators in Tanzania and their overseas outbound partners, this paper investigates the effect of partner irreplaceability and distributive fairness on acquiescence, and the subsequent effect that acquiescence has on conflict. The case study uses partial least squares structural equation modeling on data collected from 129 dyadic relationships. Results show that partner irreplaceability and distributive fairness are positively associated with acquiescence, which in turn reduces conflict. The effect of distributive fairness on acquiescence was found to be larger than that of irreplaceability. In addition, the direct effect of distributive fairness on conflict, although not hypothesised, was found to be significant. This emphasises the importance of distributive fairness, and its role as a possible buffer to conflict in less acquiescent exchanges.     

Public participation and local environmental planning: Testing factors influencing decision quality and implementation in four case studies from Germany

Public and stakeholder participation in environmental planning is often assumed to enhance effectiveness through improving the environmental quality of decisions and enhancing implementation. We draw on the literature on participatory environmental governance in order to derive key participation-related factors that are hypothesized to impact on decision quality and implementation. We then outline four cases of decision-making processes in local environmental planning in Germany, representing a variety of forms of public participation, and what we suggest can be seen as four different pathways to ‘success’ in participatory planning. The case studies, recounted on the basis of stakeholder interviews and secondary research, are subjected to a cross-case analysis in order to examine the influence of participation in each case. We consider how key participation-related factors played out across the cases, and assess both decision quality and implementation against counterfactual non-participatory, or less-participatory, scenarios. In moving beyond accounts of ‘what happened’, and considering how participation changed the order of things relative to ‘what would have happened’ under different scenarios, the research highlights how very different pathways may lead to ‘success’ in participatory environmental planning from the viewpoint of process organizers and planners sympathetic to environmental issues. We conclude that, given the significance of context and surprises, planners and process organizers must be open to different pathways to the successful conclusion of participatory planning processes.     

高管团队异质性、团队冲突与企业绿色绩效——差异化CEO领导风格调节下的整合分析框架

基于高阶梯队等理论,从高层管理团队异质性等要素整合分析视角切入,在探讨高层管理团队驱动企业绿色绩效作用机制的基础上,尝试构建差异化CEO领导风格调节下高管团队（TMT）异质性、团队冲突与企业绿色绩效的理论模型;通过层次回归分析、Bootstrap等方法实证检验异质性高层管理团队的作用机理和边界。研究结果显示：①TMT异质性、任务冲突能显著提升企业绿色绩效,且任务冲突在TMT异质性与企业绿色绩效的关系中起部分中介效应,而关系冲突显著降低企业绿色绩效。多元化构成的高层管理团队拥有更多差异化思想,这些观点通过高层管理团队成员不断分析整合后作用于绿色绩效,而成员间“对人不对事”的关系冲突会弱化该过程,进而对绿色绩效产生负向影响;②变革型CEO领导风格负向调节任务冲突与企业绿色绩效的关系,表明CEO适度简政放权,指导、关怀和保障高管团队成员充分表达观点非常重要。交易型CEO领导风格负向调节关系冲突与企业绿色绩效的关系,说明CEO通过奖惩激励,降低高层管理团队情绪冲突,提升团队凝聚,是推动绿色转型的重要举措。     

创业投资家与企业家的人力资本特性研究

创业投资企业作为一种知识型企业,与传统企业的最大不同在于,人力资本在资源配置中开始上升为主导地位。首先。创业投资家为创业投资企业配置知识资本与人力资本,这一点可以从理论与实证两方面进行解释。其次,创业不仅是创业企业家一种对机会的识别与新价值发现,而且是创业团队人员共同参与的创新行动,这个行动体现出了创业企业家特有的创业精神。第三,创业投资家与创业企业家之间的人力资本特性关系以及由此产生的治理机制是创业投资企业治理的关键,信任与合作是克服创业投资家和创业企业家之间代理风险的关键。本文主要从以上三方面详细分析了创业投资家与创业企业家的人力资本特性及其相互关系。     

Who is more visionary in mergers: Commercial vs. investment banks

Early papers concerning bankers on board usually focus on the rationale of bank entry and such effects on company performance. Recently, Güner, Malmendier, and Tate (2008) started to look at the different effects of the bankers with different expertise on the investment strategy and post-entry performance of the firms on which they have board seats. This study extends this line of research to further examine the relationship between the change of different types of financial professionals’ equity holdings of acquiring firms prior to merger completion dates and these acquirers’ post-merger performance. Using 381 U.S. listed acquirers during 2000–2005, we find that the changes of the ownership of commercial banks and insurance companies are positively related to the acquirers’ short-term performance. However, only the changes of the ownership of investment bankers are negatively related to the bidders’ long-term performance, implying that, due to conflict of interests, investment bankers probably aim at the increase of the short-run post-merger performance of the acquiring companies of which they have relatively larger equity holdings.     

Development of a conflict management model as a tool for improved project outcomes in community based tourism

Community based tourism (CBT) offers many opportunities, however, conflict frequently occurs while developing CBT in communities around the world. Despite conflict limiting the potential of CBT, conflict management in CBT has not previously been systematically studied. To investigate conflict and conflict management during CBT, a linear model of conflict management was developed and subsequently tested through a three phase qualitative process: analysis of CBT literature, online international survey of 29 CBT stakeholders, and in-depth interviews of 23 CBT stakeholders. Results endorse the proposed linear model of ‘conflict themes’: an ‘instance’ of conflict, followed by a ‘response’, which results in an ‘impact’. The rich data highlights the complexity involved, which was incorporated into the expanded model with three additional scenarios: ‘new conflict develops’, ‘interrelated conflict themes’, and ‘simultaneous conflict themes’. The complete Conflict Management Model provides stakeholders with a tool to address conflict, thereby improving the outcomes of CBT.     

证券分析师利益冲突行为的“前因”与“后果”——来自上证A股的经验证据

本文选用我国上证A股的证券分析师投资评级和股票收益率相关数据(2010.04.30-2011.04.30),对我国证券分析师利益冲突行为的影响因素以及证券分析师投资评级的绩效进行实证研究。结果表明:承销商分析师相对于非承销商分析师的投资建议更为乐观,且券商的承销和经纪业务对证券分析师利益冲突行为有显著性影响;券商声誉和分析师上年声誉对证券分析师的股票投资评级存在明显的抑制效应;积极性的投资评级和分析师本年的声誉与分析师所荐股票的短期超额收益率呈正相关关系。