政府强制令何时不是强制令?半强制条件下的组织合规预测

When Is a Governmental Mandate not a Mandate? Predicting Organizational Compliance Under Semicoercive Conditions

JOURNAL OF MANAGEMENT · 2020
被引 39
人大 AFT50ABS 4*

中文导读

研究发现政府强制令常因执行不确定性而呈半强制状态,导致企业合规行为异质;基于中国独立董事强制改革数据,验证了法律、政治和社会背景差异对合规的影响。

Abstract

While institutional theorists have long viewed governmental mandates as a prototypical coercive pressure generating homogeneous organizational compliance, we suggest that such mandates are often subject to enforcement uncertainty, resulting in a pressure more aptly characterized as “semicoercive” and a compliance result more aptly characterized as heterogeneous. We advance and test a theoretical framework to predict the specific form of heterogeneous compliance in semicoercive contexts, with particular attention to the differential sensitivity of firms to pressures to comply, based on differences in their specific legal, political, and social context. We use the setting of a mandated corporate governance reform in China requiring listed Chinese firms to add independent directors and find general evidence of noncompliance and more specific evidence consistent with the predictions from our sociopolitical framework. We discuss the implications of our theoretical approach and findings for future research on institutional environments, governmental regulations, organizational compliance, and corporate governance.

制度理论组织合规公司治理政府监管