Germany law considers the issue that chartered accountant(CA) judges the civil liability to third party qualitatively as the contract responsibility,while Anglo-American law consider it as the tort liability.Based on the two views which are adopted appropriatly in our country,the paper proposes the solution to this issue.
Fuzzy-grey comprehensive evaluation method is a way of judging things and phenomena with fuzzy factors when information is not fully known. The sorting model program established by using fuzzy set theory and grey correlation analysis can be used to deal with the fuzzy and brain comprehensive judgment of grey comprehensive analysis in the process of evaluating and ranking, providing a favorable means for the sort of quantitative analysis. This method can make full use of the fuzziness and grayness of judgment information by the experts, and lead to more objective and accurate evaluation of ability of the mobilization logistics center. When constructing the mobilization logistics center, we can select the one which has the highest ability if there are several positions to choose.
Abstract This chapter gives a general overview of the doctrines of duress and exploitation in Chinese contract law. Section II handles the vitiating factor of duress, including an introduction to the relevant legislation and its constituent elements. Section III deals with the vitiating factor of exploitation, comprising a review of a recent substantial change in the law and its constituent elements. Section IV describes the aggrieved party’s power of rescission, which is the direct consequence of both duress and exploitation. Section V lays out rules on the ‘exclusion period’, a time limit restricting the exercise of the power of rescission. Section VI elaborates the indirect consequences of both duress and exploitation after a contract is so rescinded, namely restitution, indemnification, and compensation. The chapter finishes with a comparatively long conclusion which engages with a number of the hypothetical scenarios drawn up by the editors of this volume with a view to facilitating comparative observations.
With rapid development of location-based social network, data mining on location check-in records can extract a variety of valuable information. In this paper, we aim at using check-in records and user influence to discover influential areas in social networks. Firstly, user influence is calculated by eigenvector centrality method after comparing different centrality methods. Then, the areas with high check-in density are discovered by density-based clustering algorithm. Finally, influence of each area is obtained by accumulated influence within a cluster. The results suggest that areas with high check-in quantity not necessarily have high influence in social networks, and that some users with extremely high influence can significantly improve the influence of the check-in area. Knowing different areas' influence can help advertisers to better locate advertisements and provide reference to merchant for site selection.
Purpose Small and mid‐sized enterprises (SMEs) are facing challenges in an increasingly fierce environment. This paper aims to explore the promise of information systems (IS) in enhancing the survival and competitiveness of SMEs in a dynamic environment. To address this issue, the paper draws upon the dynamic capability theory and develops a research model of IS‐enabled dynamic capabilities to examine the role of IS competence for enhancing SMEs dynamic capabilities in a competitive business environment. Design/methodology/approach An empirical study is conducted by using survey data from senior managers of 120 SMEs in China. Findings The analytic outcomes support the research model and confirm that IS competence significantly contributes to SMEs' dynamic capabilities for gaining competitive advantage. Research limitations/implications This paper contributes to the literature on IS impact on dynamic capabilities of SMEs by incorporating IS competences into a research model of IS‐enabled dynamic capabilities and articulating the relationships between IS competences and dynamic capabilities of SMEs in a changing business environment. The research findings enrich dynamic capabilities theory by justifying IS as an enabling antecedent for organizational capability development. The findings may empirically convince SMEs owners and management to effectively invest in and deploy IS for enhancing SMEs' dynamic capabilities and performance. Originality/value A capability‐building perspective is used to examine how IS can leverage SMEs' capabilities to enhance their competitive advantage in a dynamic environment.
Innovation has become one of the main driving forces of social and economic development, and innovation clusters are crucial supporters for innovative development. Introducing collaborative innovation theory, this paper proposes an important mechanism for the implementation of innovation, and it has theoretical guiding significance for the interpretation and optimization of the spatial effects of innovation clusters. Based on an analysis of the operational mechanisms of collaborative innovation, we explain the formation mechanism and spatial law of innovation clusters from the aspects of innovation environment, innovation subject and collaborative innovation relationship. Then, taking the Dream Town of the Yuhang District in Hangzhou, China, as an example, this paper studies the mechanism of collaborative innovation effects, specifically in physical space design and policy making. With the goal of promoting innovative development, this paper analyzes the influencing factors and mechanisms of the collaborative innovation effect from the aspects of strategic orientation, knowledge integration and innovation and environmental collaboration. At the same time, it summarizes the existing problems of the base, and proposes three aspects: policy orientation, university cooperation and space optimization. The corresponding optimization strategy aims to drive the synergistic innovation effect from the aspects of space and policy, and to provide the impetus for the economic development of the innovation cluster. Through collaborative innovation, we can form a better protection and support environment for innovation subjects, and each of them can break the boundaries of departments, units and industries to achieve the optimal allocation of innovative resources. Collaborative innovation theory is an important theoretical tool to explain the development mechanism and cooperation mode of the innovation cluster area, and also has important guiding significance for the physical planning and construction of innovation clusters.
The study investigates the relationships between each dimensions of service quality and customers’ satisfaction in Chinese internet banking (reliability, responsiveness, assurance, service security, transaction efficiency, ease of use, customer support and performance). A total of 400 sets of questionnaires were collected to analyze the results. Descriptive analysis and Pearson’s Correlation Coefficient were used in this research to test the hypotheses and analyze the data. The findings reveal that assurance, transaction efficiency and service security have a strong positive relationship with customers’ satisfaction in internet banking. Reliability, responsiveness, ease of use, customer support and performance have a moderate positive relationship with customers’ satisfaction. Fundamentally, these findings may help marketers to craft their strategy.
This study analyze the conceptual evolution of dynamic marketing capabilities, the level and its role in hierarchical structures of marketing capabilities from DC perspective. The authors theoretically clarify the evolution mechanism of dynamic marketing capabilities. The aim of this study is to provide a new direction for the integration of dynamic capabilities and marketing capabilities.
Resale act means that one seller sells one subject matter for two or more times. This paper focuses on three questions: the effect of the contracts for sales; who can achieve the ownership of the subject matter, the first buyer or the second buyer?; if the first buyer can request the right to revoke the second contract for sales or not.
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