LSN: Comparative Law (Topic)最新文献

{"title":"Victim-Perpetrator Reconciliation Agreements in Murder Cases: What Can Muslim-Majority Jurisdictions and the PRC Learn from Each Other?","authors":"Daniel Pascoe, Michelle Miao","doi":"10.2139/SSRN.2919163","DOIUrl":"https://doi.org/10.2139/SSRN.2919163","url":null,"abstract":"As states that use the death penalty liberally in a world that increasingly favours abolition, the Muslim-majority jurisdictions that are strict exponents of Islamic Law and the People’s Republic of China share a crucial commonality: their frequent use of victim-perpetrator reconciliation agreements to remove convicted murderers from the threat of execution. In both cases, rather than a prisoner’s last chance at escaping execution being recourse to executive clemency, victim-perpetrator reconciliation agreements fulfil largely the same purpose, together with providing means of compensating victims for economic loss, and enabling the state concerned to reduce execution numbers without formally limiting the death penalty’s scope in law. Utilizing the functionalist approach of comparative law methodology, this article compares the thirteen death penalty retentionist nations that have incorporated Islamic Law principles into their positive criminal law with the People’s Republic of China, as to the functions underpinning victim-perpetrator reconciliation agreements in death penalty cases.","PeriodicalId":172026,"journal":{"name":"LSN: Comparative Law (Topic)","volume":"117 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-02-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124436929","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Product Intervention for Retail Structured Investment Products: A Comparison of Rules in Singapore, Hong Kong and Taiwan","authors":"Christopher C. Chen","doi":"10.2139/SSRN.2826206","DOIUrl":"https://doi.org/10.2139/SSRN.2826206","url":null,"abstract":"This article compares new product intervention rules in Singapore, Hong Kong and Taiwan for complex structured investment products. Singapore’s approach is to improve firms’ internal safeguard, while Hong Kong’s approach is to require prior authorisation for new unlisted structured investment products by the securities regulator. Taiwan’s approach is to have a self regulatory body reviewing a product beforehand. This article argues that it is difficult to review the merit of a financial product in advance and thus it is difficult to have a true gatekeeper for toxic financial products. Before product intervention, we must first identify clear objectives. Regulators have to strengthen the accountability of the reviewer and create concrete review standards if additional ex ante product review is preferred. Regulators may also consider setting up some minimum standards for retail financial products through public debate in order to filter unwanted features from the retail market.","PeriodicalId":172026,"journal":{"name":"LSN: Comparative Law (Topic)","volume":"78 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-08-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121168647","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Austrian Perspectives in Law and Economics","authors":"S. Rajagopalan, M. Rizzo","doi":"10.1093/OXFORDHB/9780199684267.013.021","DOIUrl":"https://doi.org/10.1093/OXFORDHB/9780199684267.013.021","url":null,"abstract":"The purpose of this essay is to describe and analyze the Austrian approach to law and economics within the context of the law and economics discipline. The important and distinctive feature of the Austrian approach is the emphasis on economic and legal processes. We focus on four themes within the Austrian approach to law and economics: the spontaneous origin of legal institutions; the analysis of implications of ignorance, decentralization of knowledge, and static and dynamic uncertainty; the interaction between the changes in legal institutions and the market process and coordination; and entrepreneurship in market and non-market settings.","PeriodicalId":172026,"journal":{"name":"LSN: Comparative Law (Topic)","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122290023","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Leniency, Collusion, Corruption, and Whistleblowing","authors":"R. Luz, G. Spagnolo","doi":"10.1093/JOCLEC/NHX025","DOIUrl":"https://doi.org/10.1093/JOCLEC/NHX025","url":null,"abstract":"Leniency policies offering immunity to the first cartel member that blows the whistle and self-reports to the antitrust authority have become the main instrument in the fight against price-fixing conspiracies around the world. In public procurement markets, however, bid-rigging schemes are often accompanied by corruption of public officials. In the absence of coordinated forms of leniency (or rewards) for unveiling corruption, a policy offering immunity from antitrust sanctions may not be sufficient to encourage wrongdoers to blow the whistle, as the leniency recipient will then be exposed to the risk of conviction for corruption. This paper assesses the extent of this problem by describing and discussing the antitrust and anti-corruption provisions present in a few selected countries, from both common law and civil law regimes. For each of these countries, we try to evaluate whether the legal system presents any solution to limiting the risk that legal provisions against corruption undermine the effectiveness of leniency programs against bid rigging in public procurement. Legal harmonization, coordination and co-operation on procedural and substantive issues, and inter and intra jurisdictions, seem essential to solve this problem. Given the size of public procurement markets and their propensity for cartelization, specific improvements in legislation appear necessary in all the countries considered. Explicitly introducing leniency policies for corruption, as has been recently done in Brazil and Mexico, is only a first step. The antitrust experience has taught us these policies must be carefully designed and sufficiently generous, they should not be discretional, and they must be consistently implemented to achieve their goals of inducing whistleblowing. Hence, the road ahead appears a long one. To increase the effectiveness of leniency in multiple offense cases, we suggest, besides extending automatic leniency to individual criminal sanctions, the creation of a ‘one-stop-point’ enabling firms and individuals to report different crimes simultaneously and receive leniency for all of them at once if they are entitled to it. As long as individual criminal charges are not covered by a coordinated and non-discretional leniency program, there is little hope that these provision will induce any improvement in the fight against corrupting cartels. A more effective way to fight such cartels may then be offering Qui Tam rewards to non-accomplice whistleblowers, as is already done with apparent success by several law enforcement agencies in the US.","PeriodicalId":172026,"journal":{"name":"LSN: Comparative Law (Topic)","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117135994","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"An Analysis of Asian and Western Corporate Governance Systems: Theoretical and Operational Concerns","authors":"Dr. Malik Muhammad Hafeez","doi":"10.2139/ssrn.2736793","DOIUrl":"https://doi.org/10.2139/ssrn.2736793","url":null,"abstract":"The primary concept of corporate governance is with those who provide capital to the companies and its aim is to improve their returns by providing market stability. However, the political slogan of public-private partnership has become popular without implementation of theoretical dynamics of corporate governance. The UK has been an exporter of corporate legal concepts and innovations since the inception of corporate norms not only in continental Europe and emerging economies but also around the world. The British model of corporate governance struck a chord in many overseas countries; it has provided a yardstick against which standards of corporate governance in other markets are being measured. The ideas developed by the Cadbury Committee and its successors committees have received an ample importance in continental Europe and the rest of the jurisdictions particularly in emerging economies such as China, India, Pakistan and those countries which have old colonial ties with the UK. The variation of the corporate governance structure and arrangement appears in different models but the issue of managerial accountability is common everywhere. The corporate governance system in Pakistan including the Code of corporate governance based on ‘shareholders primacy theory’ that involves investors in managerial accountability of listed companies through effective and reliable disclosure to maintain good governance of listed companies and long-term market stability. In Asian economies, family dominated ownership has been playing influential role, require competitive corporate and regulatory structure. Therefore, the regulatory authority, policy makers and corporate community should also be clear that the new corporate legal framework in Pakistan should be attractive for the investors as well as provide security to the non-shareholder stakeholders through services mechanism.","PeriodicalId":172026,"journal":{"name":"LSN: Comparative Law (Topic)","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123880302","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"La Agencia Como Forma Organizativa De Optimización De Servicios Públicos. Pasado, Presente Y Futuro En Una España En Crisis (Agency as an Organizational Choice for Public Services Optimization. Past, Present and Future in a Spain in Crisis)","authors":"Alejandra Boto","doi":"10.18601/21452946.N13.05","DOIUrl":"https://doi.org/10.18601/21452946.N13.05","url":null,"abstract":"Spanish Abstract: En los actuales tiempos de crisis globalizada es esencial plantear la organiza¬cion administrativa en terminos de eficiencia, eficacia y racionalidad. Redi¬mensionar el sector publico es prioritario, y para ello se busca una ingenieria organizativa capaz de optimizar el control del gasto y la prestacion de servi¬cios esenciales. Este trabajo analiza el potencial de la forma de agencia para ello, en particular desde la perspectiva de las agencias estatales espanolas. El estudio comienza prestando atencion al fenomeno polimorfico y polisemico de la agencia en abstracto, con una perspectiva de derecho comparado, para pasar despues a analizar el bagaje concreto de las agencias estatales en Espana y su situacion presente y futura.English Abstract: In the current global crises situation, it is essential to contemplate the administrative organization in terms of efficiency, effectiveness and rationality. A remodeling of the public sector is imperative and to do so requires a type of organizational engineering, which is able to optimize control over public expenses and the provision of essential services. This work looks at an agency’s potential for such a mission, and particularly employs the perspective of the Spanish State Agencies. This paper begins by abstractly addressing the polymorphic and polysemic phenomenon of agencies from a Comparative Law perspective and then moves on to analyze the specific background of state agencies in Spain and their present and future situation.","PeriodicalId":172026,"journal":{"name":"LSN: Comparative Law (Topic)","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122106101","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Interdisciplinary Comparative Law - Between Scylla and Charybdis?","authors":"J. Husa","doi":"10.2139/ssrn.2597437","DOIUrl":"https://doi.org/10.2139/ssrn.2597437","url":null,"abstract":"Even while interdisciplinary approach and comparative law are conceived as a perfect match there are also certain risks. Lawyers are not normally competent sociologists, linguists, economists, anthropologists, historians etc. When a lawyer steps outside of the boundaries of law, the risk of misunderstanding concepts or methods taken from other fields may materialize. However, many of the most pressing problems we see at the moment arise from the reverse situation; that of non-lawyers venturing outside their own specialist field into comparative law. This article looks into just two scenarios where the interdisciplinary approach seems, at first glance, to be an almost perfect methodological solution but more detailed scrutiny reveals something different. The first scenario concerns macro-comparative law and the so-called ‘legal origins’ theory, and the second concerns micro-comparative law and legal linguistics.","PeriodicalId":172026,"journal":{"name":"LSN: Comparative Law (Topic)","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121316256","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Empirical Comparative Law","authors":"Holger Spamann","doi":"10.1146/ANNUREV-LAWSOCSCI-110413-030807","DOIUrl":"https://doi.org/10.1146/ANNUREV-LAWSOCSCI-110413-030807","url":null,"abstract":"I review the empirical comparative law literature with an emphasis on quantitative work. After situating the field and surveying its main applications to date, I turn to methodological issues. I discuss at length the obstacles to causal inference from comparative data, and caution against inappropriate use of instrumental variables and other techniques. Even if comparative data cannot identify any single causal theory, however, they are extremely important in narrowing down the set of plausible theories. I report progress in measurement design and suggest improvements in data analysis and interpretation using techniques from other fields, particularly growth econometrics.","PeriodicalId":172026,"journal":{"name":"LSN: Comparative Law (Topic)","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117322691","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Collective Litigation and Due Process of Law: The Brazilian Experience","authors":"Luiz Guilherme Marinoni, Sergio Cruz Arenhart","doi":"10.2139/ssrn.2469345","DOIUrl":"https://doi.org/10.2139/ssrn.2469345","url":null,"abstract":"This essay deals with the Brazilian experience in tort litigation about collective and mass rights. It offers a view of the Brazilian law on this subject and of the court's trends in managing these cases it also establishes the basis for the Brazilian approach to the collective due process of law, and debates the solutions found for major problems in the lights of that principle. Trying to offer a panoramic view of Brazilian experience in this field, the article aims to highlight the principal concerns of and obstacles to collective redress in this country.","PeriodicalId":172026,"journal":{"name":"LSN: Comparative Law (Topic)","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123334070","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Coordinating Ombudsmen and the Judiciary?","authors":"M. Remáč","doi":"10.17573/IPAR.2014.2-3.A01","DOIUrl":"https://doi.org/10.17573/IPAR.2014.2-3.A01","url":null,"abstract":"An ombudsman institution is one of the most rapidly developing institutions in modern democratic states. Ombudsmen can be characterised as individual and impartial investigators of administration and its conduct. They act as dispute resolution mechanisms between the state and individuals and sometimes also as solvers of problems of individuals. In order to assess the quality of administrative conduct they use normative standards against which they assess this conduct. However, all these matters are primarily in the hands of the judiciary. The judiciary, notably administrative courts are the most important dispute resolution mechanisms in modern states that assess the administrative conduct against certain normative standards. Thus ombudsmen and the judiciary can be often seen as institutions having relatively similar competences in a relatively similar area, despite retaining numerous differences. They both are approached by the individuals and they can express their opinions about administrative justice. This paper highlights the main findings and recommendations of a comparative legal research carried out in the area of mutual interrelations of ombudsmen and the judiciary. On the examples of three different legal systems (the Netherlands, England and the European Union) the research discusses the possibility of coordination of relations between the ombudsman and the judiciary in connection with the position of these institutions, with their jurisprudence and ombudsprudence and with normative standards they use in their work.","PeriodicalId":172026,"journal":{"name":"LSN: Comparative Law (Topic)","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127190484","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}