分权制衡:公司法人治理结构的核心——对我国国企改革中公司法人治理结构的法理分析

国有股权的单一化和集中化是国有企业公司法人治理结构极不规范和完善的深刻根源 ,而缺乏有效的监督机制则又是其直接原因。国企公司化改造过程中首先必须调整国企的股权结构 ,平衡各股之间的利益关系 ,并确立完善的监督机制 ,实现产权主体的制衡     

Points System:An Universal Beneficial System with Multiple Objectives of Reform on Household Registration System

Reform of China's Household Registration system(HRS) has been entering a new stage and deserves us to research.The paper argues that reform of HRS should have multiple objectives.It examines various local efforts and practices of the reform and claims that the point system is one of the most feasible alternative systems for the HRS that can fit those multiple reform objectives.The system could also be treated as the new institutional basic for public welfare provision and rights allocation,and a new governance means for population issues as well in China's transitional period.     

The limits of the decentred state: the case of policing insurance claims fraud

Existing research clearly shows that the public–private divide is continuously being challenged, recast and transformed. However, this article argues that a sharp distinction between public and private continues to operate as an important norm for professionals involved in the investigation of insurance claims fraud in Sweden. It shows how power within private insurance companies and the police authority is organized around the public–private divide, which is in turn mobilized to justify repression and to give investigations legitimacy. The article indicates that the formal public–private distinction is far more thoroughly maintained than is suggested by the existing literature. Rather than challenging the centrality of state power, private insurers and the police construct, maintain and have a stake in the reproduction of a state‐centric monopoly of crime control.     

Dividend barrier and ruin problems for a risk model with delayed claims

In this paper, a compound Poisson risk model in the presence of a constant dividend barrier is considered. Two types of individual claims, main claims and by-claims, are defined, where every by-claim is induced by the main claim and and the time of delay for the claim is assumed to be random. A system of integro-differential equations with certain boundary conditions for the expected discounted penalty function is derived. We show that its solution can be expressed as the solution to the expected discounted penalty function in the same risk model with the absence of a barrier plus a linear combination of two linearly independent solutions to the associated homogeneous integro-differential equation. Using systems of integro-differential equations for the moment-generating function as well as for the arbitrary moments of the sum of discounted dividend payments until ruin, a matrix version of the dividends–penalty type relationship is derived. We also prove that ruin is certain under constant dividend barrier strategy. The closed form expressions are given when the claim amounts from both classes are exponentially distributed. Finally, a numerical example is presented to illustrate the solution procedure.     

Analysis of some ruin-related quantities in a Markov-modulated risk model

In this paper, we study the joint Laplace transform and probability generating function of some random quantities that occur in each environment state by the time of ruin in a Markov-modulated risk process. These quantities include the duration spent in each state, the number of claims and the aggregate amount of claims that occurred in each state by the time of ruin. Explicit formulae for the joint transforms, given the initial surplus, and the initial and terminal environment states, are expressed in terms of a matrix version of the scale function. Moments and covariances of these ruin-related quantities are obtained and numerical illustrations are presented. The joint transform of the duration spent in each state, the number of claims, and the aggregate amount of claims that occurred in each state by the time the surplus attains a certain level are also investigated.     

Fair and efficient division through unanimity bargaining when claims are subjective

In a subjective claims problem several partners have conflicting perceptions on how a jointly produced surplus should be divided fairly amongst them. In a large-scale experiment, we compare the fairness and efficiency of three unanimity bargaining procedures used to reach a consensus in a three-partner subjective claims problem. Under each procedure partners move sequentially, making alternating proposals. The procedures differ in whether they ask for a complete division proposal (Offer and Exit rule) or only for a proposal regarding the partner’s own fair share (Demand rule); and in whether partners have to accept the entire division proposal (Offer and Demand rule) or only their own share (Exit rule). For the fairness assessment partial and impartial fairness views are used and we find that the Offer rule performs best in terms of allocative fairness and no worse in terms of efficiency.     

先诉抗辩权论

从理论与实践相结合的角度,对先诉抗辩权的成立要件、行使方式与效果、先诉抗辩权的消灭等问题进行探讨,在此基础上,对我国现行立法存在的不足进行了剖析,并提出了完善相关立法的具体建议。     

不可量物侵害的民事救济机制

不可量物侵害涉及侵害者和受害者、经济的总体发展和公民的生命健康、正常生活等等各种利益,在不可量物侵害的民事救济上,我国立法与实践中“零或全部”的传统救济模式已不能适应利益均衡保护的需要,因此借鉴国外立法,引入新的调和性救济制度,从而完善我国的民事救济机制势在必行。论文首先界定了不可量物侵害的概念,即煤气、蒸汽、臭气、烟气、煤烟、热气、噪音、震动、光、辐射性物质及其他类似的物质侵入邻地造成的干扰性妨害或损害,其次介绍并比较了两大法系相关国家不可量物侵害的民事救济机制,尤其是其调和性救济制度的运用,再次指出我国民事救济现状的不足,最后对我国不可量物侵害的民事救济机制提出了构想,即衡量补偿请求权的确立和侵害排除请求权的运用。     

Interdistributional Income Inequality

Incomplete moments are used to characterize income inequality and provide the basis for interdistributional Lorenz curves. Four measures of interdistributional inequality are considered and seen to be related to an interdistributional welfare interpretation. Based upon these measures, there has been a significant secular decline in interdistributional inequality between blacks and whites over the past 30 years.     

Prize Proliferation1

Recent decades have been characterized by growing numbers of awards, prizes, and honors distributed by a wide range of social worlds—prize proliferation. This article examines how claims for—and counterclaims against—establishing prizes lead to more awards being given. Unlike most constructionist analyses that explore how centralized claims‐making campaigns construct social problems, this study of prize proliferation illustrates how localized, independent social worlds can become arenas for claims, and how such largely unrelated efforts can shape broad social trends.