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.     

从敦煌本《百行章》看唐初的法制思想

唐代的法制思想，主要有两大特征，即仁刑恤典和厉行法制。对此，学者们多从正史的角度加以探讨和分析。而从敦煌所出唐代蒙书《百行章》所述内容同样清楚地显示了唐初的法制思想的以上特点。这一研究可以起到补充正史的作用。     

干预行为——经济法中的“法律行为”

在我国法学界,"法律行为"有两种不同含义,一是民法上的含义,意指意思效果行为。这也是法律行为的原初含义。另一是法理学上的含义,意指具有法律效果的行为。经济法的法律行为应采何意?从相关的论述看,多是在法理学意义上使用的。笔者之见,法律行为应回归其原初含义,而最能反映经济法特征的法律行为就是"干预行为",即公共经济组织的"公意"表示及执行行为,包括宏观调控和市场规制行为。     

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。     

中国遭受反倾销的现状分析及法律对策

中国加入世界贸易组织后，外国对我国出口产品的反倾销指控越演越烈，已经成为我国对外贸易发展的实质性障碍。其原因是多方面的，既有我国产业结构自身的原因，也有法规建设滞后、企业应诉消极等原因。我国应对国外反倾销指控的法律对策是应该在WTO法律框架下尽快完善《反倾销条例》和相关的部门法，健全反倾销应诉机制。