企业改制中的债权人保护--论"债务随企业财产转移原则"

企业改制影响到企业财产变化,进而影响到债权安全.为了加强对债权人的保护,最高人民法院近年来发展出"债务随企业财产转移"原则,并最终表现为司法解释中的相关条款,体现了最高人民法院在现有司法环境下加大债权人保护力度的努力.中国现有的司法环境导致已有的法律制度无法应对企业改制中的逃废债务问题,最高人民法院通过创设新规则,重新配置改制各方当事人的风险,更为直接地在现有司法环境下保护债权人.但是,分析也表明,新规则突破了现有的企业法人独立理论,因此,必须严格控制适用范围,否则可能在强调保护债权人的同时,束缚了企业自由处分财产的权利,阻碍了产权交易,最终可能会妨碍资源在全社会的有效配置.     

The Stability of Social Groups in Childhood and Adolescence: The Role of the Classroom Social Environment.

This study provides a developmental analysis of childhood and adolescent social relationships within the school context. The social groups of 220 fourth graders and 475 seventh graders were tracked over a one year interval. The initial results indicated that approximately 30% of the social groups were identified as stable in that they maintained at least 50% of their membership over the one year interval. However, the stability in group affiliations was a function of the stability of the composition of the classroom. When schools did not promote classrooms as a unit, only 6.8% of social groups were stable, as compared to 55% of groups being stable when the school did promote classrooms as a unit. This school effect in group stability was demonstrated by a high correlation (rs = .97) between classroom stability and group stability. Even in unstable classrooms, individuals were more likely to maintain affiliations when group members were assigned to the same classroom. This work suggests that stable environments promote stable relationships, which in turn, may promote greater continuity in the organization of behavioral patterns.     

资本流动、外汇管制与人民币内外价值背离

近年国际资本大量流入我国境内,通过外汇管制渠道提高外汇储备,一方面造成外汇市场供给增加,给人民币带来升值的压力;另一方面,央行经常被动性购入外汇,造成外汇占款增多,在外汇占款日趋成为我国基础货币供应主渠道的情况下,我国货币供应量被动增加,超额货币供应成为推动物价资产价格上涨的资金来源,人民币内外价值日趋出现背离趋势。本文认为,外汇管制使基础货币被动放大,放松管制使汇率波动和波动预期提高,二者合并产生了当前的货币现象。     

资产结构的基本分类与清算价值的基本衡量

公司账面价值与清算价值的偏离程度和公司资产结构类型之间存在着高度的关联关系,不同的偏离程度通常对应着不同的资产结构类型。公司的资产结构类型可划分为强金融资产、强实物资产、强无形资产三种基本类型。其中,强金融资产结构类型公司账面价值与清算价值之间的偏离程度最小,最易于衡量。所以,基于清算价值衡量的股权资本套利模型通常会在强金融资产结构类型类公司中应用。     

中国NGO资产增值路径:模式比较与现实选择

资产增值在非政府组织(NGO)的发展中起着极其重要的作用.根据NGO理财注重本金的安全性、保持资产的较高流动性、严格的合规性的特点,国外NGO资产运作的成功经验,以及对我国NGO的几种资产增值模式的比较,投资于开放式基金是我国NGO资产增值的现实选择.     

对中国资本市场的法律规制之设计

中国资本市场上的法律规制问题,可将其划分为主体和行为两大方面。在主体方面,呼唤企业社会责任的回归,能确保企业具有良好健全的法人治理结构。而在行为方面,资产证券化是今后中国资本市场上的发展方向,债转股应作为中国资本市场上法律制度化的关于债务重组的救济方式。一个成熟的资本市场,必然蕴含着正义的法律理念,贯穿着良好的法律制度。     

The portfolio choice problem: comparison of certainty equivalence and optimal Bayes portfolios

For the portfolio problem with unknown parameter values, we compare the conventional certainty equivalence portfolio choice with the optimal Bayes portfolio. In the important single risky asset case a diffuse Bayes rule leads to portfolios that differ significantly from those suggested by a certainty equivalence rule which we show are inadmissible relative to a quadratic utility function for the range of parameters we consider. These results are invariant to arbitrary changes in the utility function parameters. We illustrate the results using a simple mutual fund example.     

From design to operations: a process management life-cycle performance measurement system for Public-Private Partnerships

Public–Private Partnerships (PPPs) have become a critical vehicle for delivering infrastructure worldwide. Yet, the use of such a procurement strategy has received considerable criticism, as they have been prone to experiencing time/cost overruns and during their operation poorly managed. A key issue contributing to the poor performance of PPPs is the paucity of an effective and comprehensive performance measurement system. There has been a tendency for the performance of PPPs to be measured based on their ex-post criteria of time, cost and quality. Such criteria do not accommodate the complexities and lifecycle of an asset. In addressing this problem, the methodology of sequential triangulation is used to develop and examine the effectiveness of a ‘Process Management Life Cycle Performance Measurement System’. The research provides public authorities and private-sector entities embarking on PPPs with a robust mechanism to effectively measure, control and manage their projects’ life cycle performances, ensuring the assets are ‘future proofed’.     

Dynamic optimal capital growth of diversified investment

We investigate the problem of dynamic optimal capital growth of diversified investment. A general framework that the trader maximize the expected log utility of long-term growth rate of initial wealth was developed. We show that the trader's fortune will exceed any fixed bound when the fraction is chosen less than critical value. But, if the fraction is larger than that value, ruin is almost sure. In order to maximize wealth, we should choose the optimal fraction at each trade. Empirical results with real financial data show the feasible allocation. The larger the fraction and hence the larger the chance of falling below the desired wealth growth path.     

Public income transfers and wealth accumulation at the bottom: Within and between country differences in Canada and the United States

Both Canada and the United States are considered liberal welfare states, yet exhibit notable differences in income poverty attributed to social policy. While a more generous welfare system lifts many above income poverty, models of household financial behaviour suggest that more income from the state should displace private savings via a substitution effect. Using nationally representative wealth surveys from Canada and the US from 1998/1999 to 2016 we extend knowledge on the relationship between the welfare state and private wealth accumulation. Specifically, we study household asset poverty defined as financial asset levels that fall below three-month adjusted income poverty threshold. Asset poverty rates varied over time in the two countries and were higher in the less generous US welfare state. Further, income transfer share was positively related to asset poverty in Canada but not in the US. Counterfactual estimates offered evidence of the substitution effect in Canada, where higher levels of transfers may crowd out private asset accumulation. Results invite further consideration of the concept of asset poverty and its relationship to welfare state characteristics.