论刑事附带民事诉讼

刑事附带民事诉论萌芽于原始社会末期,形成于奴隶社会.由于历史阶段不同,各国制度不一样,各国的法律规定也不相同.我国刑法、刑事诉讼法对此都进行了规范,但其赔偿范围均限于“物质损失”范围.众所周知,某一行为对受害人的损害除了可能造成物质损失外,精神损害也可能发生.因此,笔者就精神损害赔偿的基础、原则、数额进行探讨,希望引起各方面的重视,共商良策,完善我国立法.     

浅析股权质押贷款风险及其防范措施

股权质押作为一种新兴的担保方式,具有担保功能、融资功能和效益功能。近年来,由于流动性强,易于变现的特点,股权质押在我国逐渐受到重视,我国各大银行以股权质押作为担保方式的贷款项目数量呈上升趋势。但是由于目前市场条件和法律环境还不够成熟,股权价值易变,使得股权质押的风险很大,风险性成为股权质押的一个基本特性。     

在海洋知识产权诉讼中引入仲裁的探讨——以完善被侵权人保护和救济为视角

近年来,因侵犯海洋知识产权而构成犯罪的情形时有发生,被侵权人往往会因行为人的犯罪行为造成经济损失而提起民事诉讼,而仲裁作为解决民事纠纷的一种重要途径,发挥了不可替代的作用,为了适应国际上非诉讼解决模式,通过探讨刑事附带民事诉讼的性质,本文认为,可以在海洋知识产权刑事附带民事诉讼中引入仲裁。     

隐性课程视阈下"连带学习"、"软技能"与"场"效应问题研究

笔者从隐性课程角度入手,试图厘清三者在基本概念的内涵和外延方面的异同,探讨在隐性课程视阈下"连带学习"、"软技能"与"场"效应三者之间的关联性及作用原理,使得研究者在高等教育的隐性课程理论研究方面进一步拓展研究视野。辨析三者之间的相互关系,使得高校隐性课程实现受教育者的教育价值和高校课程目的的近似统一。     

Liquidity Constrained Markets Versus Debt Constrained Markets

This paper compares two different models in a common environment. The first model has liquidity constraints in that consumers save a single asset that they cannot sell short. The second model has debt constraints in that consumers cannot borrow so much that they would want to default, but is otherwise a standard complete markets model. Both models share the features that individuals are unable to completely insure against idiosyncratic shocks and that interest rates are lower than subjective discount rates. In a stochastic environment, the two models have quite different dynamic properties, with the debt constrained model exhibiting simple stochastic steady states, while the liquidity constrained model has greater persistence of shocks.     

Supply chain contamination: An exploratory approach on the collateral effects of negative corporate events

The present work investigates the impact of negative events on supply chain partners. Through a contextualised discussion of the literature on supply chains and on the efficient market hypothesis, it is proposed that negative events negatively impact the market value of suppliers and customers. Following an exploratory approach, 307 companies (21 source companies, 158 suppliers and 128 customers) comprehending 20 cases of environmental disaster, corporate social irresponsibility, operational failure, corporate fraud and corruption were analysed. Results show that in 12 out of the 20 cases investigated supply chain partners indeed had their market value penalised, encompassing, to a greater or lesser degree, all five categories of cases considered. Yet, while both suppliers and customers absorbed the outcomes of negative events, suppliers seem to be at greater risk of sustaining such losses. Likewise, cases in which the source companies were also negatively affected seem to be slightly more prone to cause losses among suppliers and customers. In this sense, the concept of supply chain contamination is coined to address the observed outcomes. The study offers new insights into the applicability of the efficient market hypothesis and contributes to the assessment of the dissemination of negative events in supply chains, a theme that, despite its potential detrimental consequences for firms and stakeholders, has not yet been sufficiently treated in the Management literature.     

Chapter 5: Perspectives on the Integration of Employee Assistance and Work-Life Programs

SUMMARY

A recent qualitative study explored perceptions of critical issues and challenges from the point of view of experts and key informants working in diverse roles in the Employee Assistance Program (EAP) field (Sharar & Hertenstein, 2005). One of the central themes that came out of the study is that EAPs have become a type of platform for the expansion of integrated collateral services, chiefly work-life (WL) programs. This paper presents a variety of perceptions and opinions from experts in the EAP field, both pro and con, on the growing convergence of EA and WL programs, including the rationale to integrate, segregate, and concerns regarding the diffusion of traditional and core EAPs. The paper concludes with the authors? perspectives on implications for the EA field, along with the need to find ways to measure if and when integration leads to employee and organizational improvement.     

Stationary Equilibria in Asset‐Pricing Models with Incomplete Markets and Collateral

We consider an infinite‐horizon exchange economy with incomplete markets and collateral constraints. As in the two‐period model of Geanakoplos and Zame (2002), households can default on their liabilities at any time, and financial securities are only traded if the promises associated with these securities are backed by collateral. We examine an economy with a single perishable consumption good, where the only collateral available consists of productive assets. In this model, competitive equilibria always exist and we show that, under the assumption that all exogenous variables follow a Markov chain, there also exist stationary equilibria. These equilibria can be characterized by a mapping from the exogenous shock and the current distribution of financial wealth to prices and portfolio choices. We develop an algorithm to approximate this mapping numerically and discuss ways to implement the algorithm in practice. A computational example demonstrates the performance of the algorithm and shows some quantitative features of equilibria in a model with collateral and default.     

农业信贷与保险互联影响农户风险配给实证研究———基于江苏、湖北两省的调研数据

改善农户信贷配给、提高农户信贷获得性是农村金融改革的目标.首先阐述农业信贷与保险互联这种金融创新的国内外经验,其次构建了抵押品替代与个体声誉信号传递博弈分析框架,采用江苏、湖北两省的农户调研数据,实证检验了“农业信贷+人身意外险+政策性再保险+财政保费补贴冶的信贷与保险互联模式,结果表明:其能够有效改善农户风险配给,提高农户获得信贷的概率.     

Use of Collateral Contacts in Child Custody Evaluations

ABSTRACT

Four hundred nineteen members of the Association of Family and Conciliation Courts (AFCC) identify themselves as custody evaluators in the 1999–2000 membership directory. One hundred of these custody evaluators were randomly selected for inclusion in this survey of the use of collateral contact interviews in child custody evaluations. Fifty-three of those selected responded to a brief questionnaire concerning their use and views of collaterals. All evaluators reported use of the collateral interview. Most practitioners reported using both personal and telephone interviews. Respondents indicated that they interview family and friends, but routinely place greater trust in more objective sources that have no obvious, vested interest in outcome. More experienced evaluators reported evolving toward use of written questionnaires for use in interviewing collateral sources for purposes of risk management as well as increasing relevance and convergent validity.