从制度变迁理论看我国司法改革路径的选择

中国的司法改革表面上如火如荼地进行着,实际上却收效甚微。究其原因是由于缺乏必要的司法改革路径选择。从制度变迁理论以及我国的司法改革实践来看,我国的司法改革必须走整体推进以及必要的局部试点之路。     

Out with Multiple Choice and In with Essays: A More Accurate Way to Measure Reading Comprehension

The certification test for English teachers in a certain state asked candidates to identify the name of the frog in Mark Twain's "The Celebrated Jumping Frog of Calaveras County." If students answered this question correctly and said, Dan'l Webster, does this mean that these students would be prepared for the teaching field? Conversely, if students answered this question incorrectly, does this mean they were ill - prepared for becoming teachers? Can such an irrelevant question really point to the knowledge and abilities of future teachers? Hardly, use of unimportant questioning such as this illustrates the main problem with using a multiple choice format when assessing students. Trivial items such as names of animals and other insignificant information are often given priority over their significance in the story simply because students are not able to demonstrate what they really know in narrative form (Smagorinsky, 2002).     

Status quo bias in decision making

Most real decisions, unlike those of economics texts, have a status quo alternative—that is, doing nothing or maintaining one's current or previous decision. A series of decision-making experiments shows that individuals disproportionately stick with the status quo. Data on the selections of health plans and retirement programs by faculty members reveal that the status quo bias is substantial in important real decisions. Economics, psychology, and decision theory provide possible explanations for this bias. Applications are discussed ranging from marketing techniques, to industrial organization, to the advance of science.     

The individual rationality of maintaining a sense of justice

Let us say that an individual possesses aprincipled preference if she prefers satisfying her preferences without violating the principles of justice governing her community to satisfying her preferences by violating these principles. Although living among possessors of principled preferences benefits individuals, maintaining such a preference is individually costly. Further, individuals can benefit from others possessing principled preferences without themselves possessing one. In this paper, I argue that occupying a choice situation which mirrors key aspects of our own situation, maximizing rationality requires individuals to develop and maintain principled preferences.To establish that maintaining a principled preference is individually rational for the occupants of such a choice situation, I define a range of individual strategies for them, model their choice of individual strategies as a game, and argue that this game involves an equilibrium in which all of its participants would choose to develop and maintain a principled preference.     

Conspicuous conservatism in risk choice

We analyze the risk levels chosen by agents who have private information regarding their quality, and whose performance will be judged and rewarded by outsiders. Assume that risk choice is observable. Agents will choose risk strategically to enhance their expected reputations. We show that conspicuous conservatism results: agents of different qualities choose levels below those that would be chosen if quality were observable. This happens because bad agents must cloak their identity by choosing the same risk level as good agents, and good agents are more likely to distinguish themselves if they reduce the risk level. Our results contrast starkly with those for the case when risk choice cannot be observed.

全球化与国际私法发展的新趋势

全球化时代已经形成 ,全球化时代的国际私法也有一系列新的发展趋势 :国际私法的调整范围不断扩大 ,渊源不断充实 ,性质在慢慢转变 ;国际私法内容的集中化、成文化和趋同化不断加强 ;法律选择明确性和灵活性的结合、适当性的增强以及法律选择方法的多元化。全球化时代中国国际私法立法也应顺应国际趋势 ,加强成文化立法 ,增强其灵活性和适当性 ,以促进国际民商事关系的发展     

会计师事务所规模扩张与审计市场集中度背离的探讨

提高审计市场集中度有助于提高审计独立性 ,而规模扩张无疑是提高审计市场集中度的最直接方法 ,通过对市场选择下事务所规模化历程的分析 ,指出规模扩张有其内生性 ,我国事务所合并是政府选择的结果 ,单纯的政府推动并不能提高市场集中度     

从结果、行为到行为人：隐性采访的伦理抉择

道德困惑一直是隐性采访争论的焦点，功利主义、绝对命令、中庸之道等西方道德哲学在一定程度上能解读隐性采访面临的伦理困境。从行为的结果、行为本身到行为人，三种伦理学关注的焦点形成了一个呈逆时针方向的圆圈。功利主义是务实的，绝对命令维护了道德的纯洁性，中庸之道强调行为主体的道德修养，在这三种伦理框架的综合指导运用下，隐性采访完成了从客体到主体、由客观到主观的推理过程，伦理抉择变得更为连贯和一致，渐渐成为一种内涵。     

Tractable Consideration Set Structures for Assortment Optimization and Network Revenue Management

Discrete‐choice models are widely used to model consumer purchase behavior in assortment optimization and revenue management. In many applications, each customer segment is associated with a consideration set that represents the set of products that customers in this segment consider for purchase. The firm has to make a decision on what assortment to offer at each point in time without the ability to identify the customer's segment. A linear program called the Choice‐based Deterministic Linear Program (CDLP) has been proposed to determine these offer sets. Unfortunately, its size grows exponentially in the number of products and it is NP‐hard to solve when the consideration sets of the segments overlap. The Segment‐based Deterministic Concave Program with some additional consistency equalities (SDCP+) is an approximation of CDLP that provides an upper bound on CDLP's optimal objective value. SDCP+ can be solved in a fraction of the time required to solve CDLP and often achieves the same optimal objective value. This raises the question under what conditions can one guarantee equivalence of CDLP and SDCP+. In this study, we obtain a structural result to this end, namely that if the segment consideration sets overlap with a certain tree structure or if they are fully nested, CDLP can be equivalently replaced with SDCP+. We give a number of examples from the literature where this tree structure arises naturally in modeling customer behavior.     

金融资产收益跳跃行为的微观机制

文章发展了一个均衡模型,从微观机理角度解释了为什么资产价格会发生不频繁的跳跃行为.在该模型中,投资者学习不可直接观测的、真实的经济系统状态并为此支付成本的行为诱发了资产价格的跳跃行为.而投资者是否选择学习的行为则取决于投资者的偏好参数和收入的条件波动率.