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CGN: Business Practices & Ethics (Topic)最新文献

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Good Governance Without Black Money 没有黑钱的好政府
Pub Date : 2013-03-23 DOI: 10.2139/SSRN.2238342
Bhishm Jwal Chand, S. Rawat
In my opinion there is lot of similarity between the working of society and the human physiology. Nervous system controls all the involuntary acts of our body. So much so even the voluntary acts are also guided by it. Someone whose nervous system is perfect his eating, drinking, sleeping, reading, writing, thinking and all other such activities are perfect. But if this one single system goes out of order it leads to wrong responses and reflexes to every stimuli. This single control mechanism as witnessed in our body can to some extent guide us to nip this rot of black money at its bud itself. If like our body all the transactions involving money or money value are made transparent and are brought directly under the control of one single governing body, then how so ever the corrupt system may be no one can dare to hoard the ill-gotten money, which is ultimately called black money.
在我看来,社会的运作和人类的生理有很多相似之处。神经系统控制着我们身体的所有无意识行为。因此,即使是自愿的行为也受到它的指导。一个人的神经系统是完美的——他的饮食、睡眠、阅读、写作、思考和所有其他类似的活动都是完美的。但如果这个单一的系统出了问题,就会导致对每一个刺激的错误反应和反射。这种单一的控制机制在我们的身体中可以在某种程度上指导我们将黑钱的腐烂扼杀在萌芽状态。如果像我们的身体一样,所有涉及金钱或货币价值的交易都是透明的,并直接置于一个单一的管理机构的控制之下,那么腐败的体系可能会如何,没有人敢囤积不义之财,最终被称为黑钱。
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引用次数: 0
Are Large Corporate Fines Levied on the Right Party and Do They Have Long Term Negative Consequences? 巨额企业罚款是否对正确的一方征收,是否会产生长期的负面影响?
Pub Date : 2012-05-02 DOI: 10.2139/SSRN.2050093
J. Nugent
In the past twenty years, large corporate fines have been levied on U.S. businesses - in effect on the shareholders who today in the main have no meaningful say in the management of the enterprise. In many such instances, no corporate officers have been charged with a crime, and often appear only too happy to utilize corporate (shareholder) funds to pay the fines for their corporate actions. This paper explores management’s responsibilities under ‘Agency Theory,’ ‘The Honest Services (Work) Law’ and ‘The Responsible Corporate Officer Doctrine.’ The paper concludes as to whether the use of corporate funds by management in the payment of large fines has a negative impact on stock prices.
在过去的二十年里,美国企业被征收了巨额罚款——实际上是对股东征收的罚款,而这些股东今天在企业的管理中基本上没有任何有意义的发言权。在许多这样的例子中,没有任何公司官员被指控犯罪,而且往往看起来非常乐意利用公司(股东)的资金为他们的公司行为支付罚款。本文探讨了“代理理论”、“诚实服务(工作)法”和“负责任的公司官员主义”下的管理责任。论文的结论是,管理层使用公司资金支付巨额罚款是否会对股价产生负面影响。
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引用次数: 2
Toward a Nexus of Virtue 走向美德的纽带
Pub Date : 2011-08-12 DOI: 10.2139/SSRN.1908889
Ronald J. Colombo
Corporate law, like all law, should be directed toward the common good. The common good requires that corporate activity be restrained, if not actively directed, by human virtue. An analysis of the corporate enterprise suggests that those corporate actors with the greatest stake in the exercise of virtue, and best positioned to influence corporate activity via the exercise of virtuous judgment, are the corporation’s officers. Thus, one of the primary objectives of corporate law should be the promotion of virtue among corporate officers. Contrary to what some might assume, the promotion of virtue among corporate officers need not entail a promulgation of “thou shalls” and “thou shall nots.” Indeed, the suggestions put forth in this Article would serve to broaden, rather than narrow, the liberty of corporate officers. This is because corporate law, as currently constituted and interpreted, works to inhibit the exercise of virtue. The need for virtue-directed corporate decision-making has been demonstrated repeatedly over the course of history, most recently by the recent financial crisis. Instead of focusing on virtue, however, the response of most policymakers and commentators has been on regulatory reform. This is unfortunate. Although regulatory reform certainly has its place, it holds limited promise of success, for a variety of important reasons. A wiser approach would focus more seriously on virtue - the force most capable of preventing a repeat of the fraud and dereliction of duty that marked the recent financial crisis (and most predecessor crises as well).
公司法,像所有法律一样,应该以共同利益为导向。共同利益要求公司活动受到人类美德的约束,如果不是积极地指导的话。一项对公司企业的分析表明,那些在德行的运用中利害关系最大,并且最有能力通过德行判断来影响公司活动的人是公司的官员。因此,公司法的主要目标之一应该是促进公司管理人员的美德。与一些人的假设相反,在公司高管中推广美德并不需要颁布“你应该”和“你不应该”的规定。的确,本文提出的建议将有助于扩大而不是缩小公司管理人员的自由。这是因为,按照目前的构成和解释,公司法的作用是抑制美德的行使。在历史进程中,以美德为导向的企业决策的必要性一再得到证明,最近一次是在最近的金融危机中。然而,大多数政策制定者和评论人士的反应不是关注美德,而是关注监管改革。这是不幸的。尽管监管改革肯定有其作用,但由于种种重要原因,它成功的希望有限。更明智的做法是更认真地关注美德——这种力量最有能力防止最近金融危机(以及之前的大多数危机)中出现的欺诈和渎职行为重演。
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引用次数: 5
The Roots of Cooperative Credit from a Theoretical and Historical Perspective 从理论和历史的角度看合作社信用的根源
Pub Date : 2010-09-01 DOI: 10.2139/ssrn.1698611
S. Goglio, A. Leonardi
Credit is indubitably one of the most important sectors in which the supply of goods and services by cooperatives has arisen. Given the importance of the role of cooperative banks in the development of other sectors and of the territories or communities in which they operate, and the economic and political power that they consequently confer on those who manage them, some of the inherent problems distinctive in general of not-for-profit organizations become critical. In particular: in the case of rapid growth beyond the original group and area, the possibility of maintaining the principles of reciprocity and participation; the role and motivations of the social entrepreneurs acting in the bank; the corporate social responsibility, which, in the case of a bank, is closely connected to how the community’s savings are employed and how investments are selected. As with other cooperative enterprises, credit can be supplied in a variety of forms with different purposes and with different positive and/or negative externalities. Evaluation of the respective advantages and disadvantages must bear in mind the different contexts in which individual banks operate, considering both theoretical aspects (potentialities) and historical ones (past and present modes of operation). These inherent problems are discussed in the first part of the work from a theoretical point of view; while in the second part the first applications and the debate that accompanied them are analysed, given their importance in determining the features of subsequent experiences. In particular, we shall show that they stem from two different interpretations of solidarity and reciprocity: the first one, theorized and, to a certain extent, realized in the Raiffeisen model, is mainly ethical in nature; the second one, typical of the Schulze Delitzsch model, is more closely tied to individual interests tempered by social responsibility.
信贷无疑是合作社提供商品和服务的最重要部门之一。鉴于合作银行在其他部门和其经营所在地区或社区的发展中所起的重要作用,以及它们因此赋予管理它们的人的经济和政治权力,一些非营利性组织特有的固有问题变得至关重要。特别是:在迅速增长超出原有群体和地区的情况下,保持互惠和参与原则的可能性;社会企业家在银行中的作用和动机;企业的社会责任,就银行而言,与如何使用社会储蓄以及如何选择投资密切相关。与其他合作企业一样,信贷可以以各种形式提供,目的不同,具有不同的正面和(或)负面外部性。对各自优势和劣势的评估必须牢记个别银行经营的不同背景,考虑理论方面(潜力)和历史方面(过去和现在的经营模式)。本文第一部分从理论的角度对这些固有问题进行了探讨;而在第二部分,第一个应用程序和随之而来的辩论进行了分析,考虑到它们在确定后续经验的特征方面的重要性。特别是,我们将表明,它们源于对团结和互惠的两种不同解释:第一种解释是理论化的,并在一定程度上在赖菲森模型中实现了,本质上主要是伦理的;第二种是典型的舒尔茨·德里奇模式,它与个人利益更紧密地联系在一起,而个人利益又受到社会责任的制约。
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引用次数: 17
Presenting the Albergo Diffuso to the Business Community: Best Practices and Traps to Avoid for Local Institutions 向商业界介绍阿尔伯戈·迪夫索:地方机构的最佳实践和避免陷阱
Pub Date : 2009-10-01 DOI: 10.2139/ssrn.1625157
M. Droli
The Albergo diffuso is a new form of hotel in which typical rooms and houses are scattered throughout different buildings within the same village, are overseen by one manager to achieve the highest hotel quality and social involvement standard. When this new business opportunity is presented without detailed informations, often confusion occurs. How can we manage the risk? The first thing to do, as shown by many experiences is describing the advantages and the obstacles, in a compete, detailed and realistic way to the interested people. The first trap to avoid is believing that basic information is enough to understand the idea of AD and the way of doing business it requires. Many detailed informations are also required. A good practice is to weigh the quantity of information based on their quality. This must be as bigger as the enterprising and tourism inexperience of interested subjects. Another best practice is managing first informations about the Albergo diffuso and the co-operative way of doing business as one of the key assets for virtuous tourism development. Acting this way allows the local community to be fully aware of the business opportunity.
Albergo diffuso是一种新的酒店形式,典型的房间和房屋分散在同一村庄的不同建筑中,由一名经理监督,以达到最高的酒店质量和社会参与标准。当这个新的商业机会在没有详细信息的情况下出现时,往往会产生混淆。我们如何管理风险?许多经验表明,首先要做的是以一种公平、详细和现实的方式向感兴趣的人描述优势和障碍。要避免的第一个陷阱是认为基本信息就足以理解AD的概念及其所需的业务方式。还需要提供许多详细信息。一个好的做法是根据信息的质量来衡量信息的数量。这必须与感兴趣的主体的进取心和旅游经验不足一样大。另一个最佳实践是管理有关阿尔伯戈扩散和合作经营方式的第一手信息,作为良性旅游发展的关键资产之一。这样做可以让当地社区充分意识到商业机会。
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引用次数: 1
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CGN: Business Practices & Ethics (Topic)
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