西方法学流派的逻辑起点及其局限

比较西方三大经典法学流派,我们发现不同的法学流派都有自己的核心问题意识与逻辑起点。自然法学以价值为逻辑起点,规范法学以规范为逻辑起点,社科法学以社会事实为逻辑起点。这看似常识化的命题,既展示了不同法学流派的魅力所在,也隐含了这些流派的内在局限。在我国法学流派渐趋成型的当前,深入理解三大法学流派逻辑起点的两面性有助于在西方法学思潮研究中确立科学的研究态度,并以此为基础建构适合中国的法学流派。     

我国生育政策的法律制度研究

本文从我国生育政策发展过程的实际情况出发,通过对我国现行生育政策的合理性及其潜伏或将造成一定的风险等问题,在法律层面上作一些初步探究,提出建立健全生育政策调整机制和风险防范制度的见解和建议,有助于推进科学的、完善的生育政策调整机制和风险防范制度的建立和健全。     

Midnight regulations and the Cinderella effect

Recent studies have shown preliminary evidence of a tendency for outgoing administrations to generate a flurry of last-minute regulatory activity. This so-called Cinderella effect is described as resulting from the combination of an administration being in power yet, because it is out-going, not being subject to political ramifications from its actions. In this paper, we look at monthly regulatory activity over the past 30 years and compare the baseline growth in regulations (measured using the proxy of pages in the Federal Register) to the growth immediately following a Presidential election when the sitting President is re-elected, not re-elected, and when the party in control of the White House changes. We find significant evidence supporting the existence of a Cinderella effect.     

Are EU standards detrimental to Africa’s exports?

The high costs of complying with standards adversely affect export competitiveness. Existing evidence suggests that the harmonisation of standards to international benchmarks reduces compliance costs and is less trade-inhibiting, or may even be trade-promoting. This paper thus investigates how the regulatory margin in food standards affects Africa’s fish exports to the EU. We measure the regulatory margin in standards by comparing EU standards to the international scientifically-formulated benchmarks. Our results indicate that, relative to the international standards, EU fish standards are indeed non-inhibiting. Thus, the high number of fish exports from Africa rejected by the EU due to non-compliance with EU standards does not really suggest that the measures are overly restrictive but rather is an indication of the poor quality of Africa’s fish exports. This finding suggests a need for upgrades to Africa’s fish export quality, especially the fish supply chain infrastructure, through continuous improvements in fish export logistics facilitation and export promotion measures.     

Economic crisis and the employee: The effects of economic crisis on employee job satisfaction,commitment, and self-regulation

Greece has been suffering a severe crisis starting in about 2009. This paper examines the impact of the recent economic crisis in Greece on employee work-related attitudes via changes in regulatory focus. We collected data in a large and heterogeneous sample of employees (N = 1024) during the crisis and compared them with a matched sample of employees surveyed (N = 882) half a decade earlier, i.e., before the crisis. Participants reported their job satisfaction, organizational commitment and their self-regulatory focus. Results show, as expected, that participants after start of the crisis were lower in extrinsic job satisfaction, affective organizational commitment and were also (unexpectedly) lower in normative commitment, while these attitudinal changes were explained by decreased promotion orientation and increased prevention focus. Rather unexpectedly, pre-crisis and crisis samples did not differ in levels of continuance commitment. This paper makes a relevant contribution by showing that the threatening crisis event does not only have negative effects on work-related outcomes, but also that changes in regulatory foci occur and explain attitudinal change indicating an adaptive mechanism to the threatening situation of an economic crisis.     

法律授权的组织的经济法地位——兼评中国证监会的地位

主体理论是法学理论的重点,大多数法学主体理论不能满足整体社会和混合社会的法律实践的需要。主体理论的革命带来对经济法主体的重新认识。维护整体经济利益的主体享有经济监督权,是经济法主体的核心。以中国证监会为代表的享有经济监督权的法律授权的主体需要变革隶属于行政机关的地位。     

Negotiating Compliance: The Case of Autonomous Hospitals in Vietnam

Maternal death is one of the highest causes of global mortality. Governments have long used regulation to improve maternal health but concurrent fiscal‐decentralisation reforms can undermine clinical performance. This article focuses on public Vietnamese hospitals to explore how regulatory compliance is pursued in decentralised health facilities, since Vietnam has seen increasing autonomisation of public hospitals in the last decade while simultaneously experiencing marked reductions in the maternal mortality ratio. Our analysis suggests that autonomisation has allowed regional regulatory regimes to emerge and that regulatory compliance must compete with other priorities. Compliance can therefore be rethought as a negotiation having implications for how government and maternal health advocates persuade self‐sufficient hospitals to take on wider health‐system goals.     

Product option framing under the influence of a promotion versus prevention focus

Investigations into the option framing effect involve the use of a subtractive versus an additive option-framing method to gauge their impact on consumer behaviors. This research examines how option framing could affect choice decisions as a function of a consumer’s goal orientation. Study 1 offers convergent support for the proposition that regulatory focus moderates the option framing effect and the mediating role of action/inaction on the relationship between regulatory focus and the option framing effect. In particular, a reverse finding shows that promotion-focused consumers provided with a +OF options list tend to choose more options than those who are given a −OF option list. To explain the reverse effect, Study 2 examines and demonstrates regulatory fit as a possible moderator. The results of Study 2 also confirm our inference and echo the same results of Study 1. Finally, based on the regulatory fit theory, Study 3 examines if cognitive constraints associate with a consumer’s regulatory orientation may also account for the interaction between regulatory focus and option framing. The results of Study 3 also support the proposition.     

Substitution, availability and preferences in earnings management: empirical evidence from China

Our study analyzes financial reporting data on earnings management from a rapidly changing economy—the PRC. Some Chinese regulatory reforms allow for an easy identification of incentives to engage in both accounting and real earnings management activities. In addition, straightforward economic reasoning suggests that firms incur different costs for pursuing these strategies, which leads to the possibility of a hierarchy or ranking of different earnings management practices. Our results show that accounting and real earnings management activities were significantly higher for firms in danger of missing a regulation imposed performance threshold. After controlling for the availability of the different instruments, our results provide weak evidence for a ranking of different earnings management activities.