金融危机、货币政策与企业贷款行为——基于企业风险承担的微观视角研究

货币政策调控会先影响企业的风险偏好或风险容忍度,进而对企业的贷款行为产生影响。并且,金融危机冲击和货币政策调控会引起不同特征企业贷款行为的异质性反应。经验研究发现：宽松的货币政策会显著引起我国企业风险承担的上升,而企业风险承担上升也显著引起其银行贷款规模的增加,中小企业、股权分散型企业和民营企业其银行贷款规模对企业风险承担变化的反应更加敏感。在2008-2009年金融危机期间,企业风险承担水平对货币政策变动的反应更加灵敏,而企业贷款规模对企业风险承担的敏感度有所下降,大型企业、股权集中型企业和国有企业其基于企业风险承担传导的银行贷款行为受金融危机冲击影响更大。     

行政诉讼履行法定职责实体判决论——以“尹荷玲案”为核心

“司法审查有限原则”是行政诉讼法的基本原则,这导致了“履行法定职责实体判决”存在争议。“尹荷玲案”不但证成了履行法定职责实体判决存在的正当性,而且明确了该判决适用的“双阶要件”,即“理由具备、事实清楚、法律规定明确”的一般要件,与“法效果唯一性”的特别要件。其中“法效果唯一性”分为两种情况:一是羁束行政行为,二是行政裁量收缩为零,这恰与《行政诉讼法》修改后“给付判决”与“履行判决”的规定相契合。纵观司法实践,重做判决、履行判决、给付判决形成了“程序性判决—提示性判决—履行法定职责实体判决”3种判决方式,体现了三者功能的相似性。作为实质化解争议的履行法定职责实体判决,也彰显了司法推动制度发展的功能。     

Maternal Discipline and Children's Adjustment: The Role of the Cultural and Situational Context

This study examined how the cultural and situational contexts can jointly shape the consequences of discipline strategies. Israeli mothers who grew up in Israel or in the Former Soviet Union (FSU) (overall N = 110) reported regarding their use of psychologically controlling and punitive discipline with their seven‐years‐old to 10‐years‐old children, and teachers reported regarding children's behavior problems. We assessed both mothers' overall general use of the discipline strategies, and their use of the same strategies following transgressions in the academic domain, an area which the two groups emphasize to differing degrees. Consistent with hypothesis, controlling discipline in academic situations had more positive consequences in the FSU group compared with the Israeli‐origin group. In contrast, and as predicted, cultural group was not a moderator of mothers' overall, general use of the same discipline strategies. The findings illustrate how taking the situation into account can inform examination of the moderating role of cultural group.     

论行政诉讼非法证据类型

非法证据排除规则最早在美国确立并得到发展,形成一套比较完整的体系。我国对非法证据排除规则的探讨很长时期仅停留在理论阶段,2012年《刑事诉讼法》修改中采纳并确立这一证据规则,使其从理论探讨变为实践,也为行政诉讼非法证据排除规则的探讨提供了很好的借鉴。目前,行政诉讼法正处于修改时期,以现有的法律规范为基础探讨行政诉讼非法证据的类型及其判断标准显得尤为必要。     

Approach and Positive Affect in Toddlerhood Predict Early Childhood Behavior Problems

The aim of the study was to examine the moderating role of positive affect on the relation between approach behaviors and adjustment outcomes. One hundred eleven toddlers participated in a laboratory assessment of approach and positive affect at 24 months. Behavior problems were reported by a parent in the fall of the child's kindergarten year. Results supported our hypotheses that children who displayed high approach and high positive affect in both non‐threat and low‐threat contexts were rated as higher in externalizing behavior problems. On the other hand, for children showing low positive affect, increases in approach in a moderate‐threat context lowered the risk of developing internalizing behavior problems. Implications for these findings are discussed, including methodological considerations of differences among eliciting contexts and advantages of separating positive affect and approach.     

Is Tattooing a Risk Factor for Adolescents’ Criminal Behavior? Empirical Evidence from an Administrative Data Set of Juvenile Detainees in Taiwan

Juvenile crime affects not only the victims of the crime but also the delinquents’ future. How to prevent adolescent criminal behavior has become an important public policy issue. This study contributes to this interesting issue by examining the relationship between tattooing and adolescents’ criminal behavior. In particular, this study investigates whether or not having a tattoo/tattoos is connected to the incidence of various criminal activities, including: larceny, robbery, fraud, assault, drug use, and homicide. A unique sample of 973 juvenile detainees drawn from the administrative profiles in Taiwan and the coarsened exact matching method were utilized. Results show that compared to their nontattooed counterparts, tattooed juvenile detainees were significantly more likely to commit fraud, assault, drug abuse, and homicide by 3%, 13%, 9%, and 9%, respectively. In contrast, tattooing was not significantly associated with larceny or robbery. From a policy perspective, given the significant link between tattooing and criminal behavior, the presence of a tattoo in adolescents may serve as a valuable indicator regarding adolescents’ high probability of committing crimes.     

Transient detailed balance and product form for reaction networks

This paper explores the boundary of the set of reaction networks that have an exact transient (truncated) multidimensional Poisson or product-form distribution for the number of particles of different types. Motivated by the birth–death process, we introduce the notions of transient detailed balance and delay functions, and use these notions to obtain the novel transient product-form distribution in a coagulation-fragmentation process for polymers with a tree-like structure from that of the pure coagulation process.     

The shifting landscape of LGBT organizational research

Over the past generation, sexual minorities—particularly lesbian, gay, bisexual, and transgender (LGBT) persons—have gained increased visibility in the public arena. Yet organizational research has lagged behind in recognizing and studying this category of organizational members. This article offers a critical review of this growing body of research. More specifically, we identify and discuss four dominant scholarly frames that have informed LGBT organizational research from the late nineteenth century to date. The frames include a “medical abnormality,” “deviant social role,” “collective identity,” and “social distinctiveness” view of sexual minorities. We argue that these frames have profoundly shaped the scope and range of organizational scholarship devoted to sexual minorities by showing that scholars using such contrasted frames have been drawn to very different research questions with respect to sexual minorities. We document and discuss the main and contrasted questions asked within each of these frames and show how they have both enabled and constrained LGBT organizational research. We conclude by calling for more attention to the frames organizational scholars adopt when studying sexual minorities, but also for more research on both minority and majority sexual orientations in organizations.     

Awareness of low self-control: Theory and evidence from a homeless shelter

Survey measures of self-control provide a potential low-cost alternative to incentivized elicitation. However, asking respondents to introspect on their self-control problems may instead measure their awareness of them, especially in populations with low self-control. We illustrate this with the Ameriks, Caplin, Leahy, and Tyler (2007) survey, which captures self-control problems through the deviation between self-reported ideal and predicted behavior (Expected Deviation, ED). Previous empirical evidence from high income or highly educated populations correlates larger ED with worse outcomes. We theoretically show that the reverse will be true in settings where awareness can play a large role: when self-control is low and costly commitment devices are available. We empirically show that, for residents of a homeless shelter, ED is positively correlated to savings in shelter lockboxes, a costly commitment device. This correlation is stronger for those likely to experience more self-control problems: individuals with past addiction problems.     

危险驾驶罪的立法浅析

《刑法修正案(八)》将醉驾、飙车行为入罪，对严厉醉驾行为确实起到了震慑作用，收到了积极的社会效果。但是，对于刑法的提前介入以及该罪的内涵与外延该如何理解；社会舆论对于醉驾行为的性质还存在行为犯或者危险犯的争论：这些问题对于该罪在司法实践中的适用极其重要，值得我们深入思考。