论我国上市公司高管报酬的法律规制

近年来,我国上市公司高管报酬数目畸高、增长迅猛,与公司业绩脱节,与普通员工报酬差距不断拉大。这引发了社会对高管报酬合理性的质疑。上市公司高管报酬问题集中反映公司治理结构中存在的问题。由于上市公司高管报酬的自我交易特征和潜在的利益冲突,公司法应从程序性公正方面来对其进行规制。     

Visas and work permits: Possible global negotiating initiatives

We discuss global options for initiatives intended to ameliorate adverse impacts of visa and work permit systems used by national governments around the world. We first describe and document some of their effects, noting the relative lack of other research work on these issues. We then discuss proposals for a new and supplemental global visa structure which have been made as part of the Mode 4 GATS negotiations in the WTO, suggesting that the GATS/WTO may be an imperfect institutional location for negotiating on these matters. We then evaluate other approaches, including what realistically could be possible if a new body specifically created for global negotiation in the area were to be used.

The governance of the World Bank: Lessons from the corporate sector

The World Bank Group (WBG) is a multilateral organization as well as a large financial conglomerate. The debate on its governance, however, has mainly focused on how to ensure more inclusive decision-making by strengthening the voice and representation of its entire membership. The WBG’s governance as a set of arrangements that enable the principal (shareholders) to oversee the agent (management) has so far been overlooked, even though the adequacy of such arrangements is relevant in all institutions wherein shareholders delegate to management the achievement of organizational objectives. In reviewing the institutional, historical, and current underpinnings of the WBG’s decision-making, we elaborate on the extent to which the Group follows best-practice corporate governance standards that have been designed with the aim of improving shareholders’ oversight. Drawing from a methodology developed by the IFC, an entity of the WBG, we analyze the Group’s internal governance, highlighting which aspects are furthest from (or closest to) current financial-sector best practices. In so doing, we provide a framework for prioritizing the most critical areas in which the WBG’s governance falls short of private-sector standards, and we identify the nature of possible remedies.

政党规范的形式与效力

政党规范是关于政党的各种规范的总称,其核心问题是如何有效进行政党治理、维护政党政治秩序、促进民主政治发展。政党规范主要包括法律规范、社会规范、内部规范。这三种形式的政党规范既有一定的联系,在价值追求、形式特点、效力范围、实现方式方面又有明显区别。在当今世界,政党政治的复杂性、系统性、多样性,决定了仅靠任何一种规范都难以有效地进行政党治理;只有把政党规范作为一个体系、树立系统的政党治理观,既加强立法、依靠法律来匡正政党行为,也加强政治伦理建设、用伦理秩序来匡扶人心,还要加强政党内部建设、整合党内秩序,做到德法相济、内外相济、各种政党规范相协调,才能构建合理的政党政治秩序、促进民主政治发展。     

中国现行乡村关系中存在的问题及对策分析

＂三农＂问题的顺利解决要求把乡村治理好,然而,在乡村治理过程中却出现了乡村关系不顺的现象,乡镇政府干预村民自治的情况时有发生,严重影响了乡村治理的成效。因此,必须理顺现行乡村关系,健全相关的制度体系,转变乡镇政府工作人员的观念,改革现行政绩考核机制,转变乡镇政府职能。     

国家与社会的协同发展——中国地方治理发展的新趋势

综合考察当今中国各地的地方治理，我们会发现一种新的趋势正在出现：一方面，国家权力在向基层社会延伸，并在地方治理中产生了较好的效果；另一方面，基层社会自主性逐步加强，基层社会力量对国家权力的制约和监督逐步加强并规范。这一新的趋势表明，基层国家权力和社会力量协同发展的关系正在形成，良好的中国地方治理，既需要有力高效的政府，也需要一个较强自主性的社会力量。     

Global Britain and the Narrative of Empire

Since 2016, the UK government has outlined plans for ‘Global Britain’ as a framework for post‐Brexit foreign policy. Some criticise the idea as a vision of ‘Empire 2.0’, but it is rarely made clear exactly what form it takes or what its wider political implications are. This article argues that Global Britain constitutes not just an idea or a slogan, but a foreign policy narrative and, more specifically, the narrative of empire. Indeed, to appear reasonable its grand ambitions require pre‐existing knowledges of past imperial ‘successes’ and accepting images of empire among the British public. Yet Global Britain lacks efficacy: as a domestic rather than an international narrative, by being inherently regressive in its worldview, and for contradicting the preferences of international partners on which the UK heavily relies. These narrative flaws, it is argued, make Global Britain an actively problematic, rather than merely ineffective, component of UK foreign policy.     

Managing governance complexity and knowledge networks in transparency initiatives: the case of police open data

Public organisations are often described as being subject to types of complexity that result from the interorganisational structure of governance networks. Transparency programmes add another level of complexity due to increased information openness. However, neither the nature of this complexity nor the network management approaches needed for transparency programmes has been conceptually developed. To address this gap, this article brings together governance complexity theory and knowledge management theory. An empirical model is tested using the case of police open data with regression analysis and 22 expert interviews. The results show that institutional and environmental complexity such as budget pressures, legal-normative constraints, and task complexity exert a negative influence on police information openness. However, network knowledge management practices including developing mission focus on people and communication and overcoming organisational boundaries through interorganisational collaboration can counteract these problems of complexity.     

Conditioned Networking: Swiss–EU Relations in Transport

This article addresses the structural characteristics of the interactions between Switzerland and the EU in the transport sector, i.e. transport by air and land. More precisely, it is focused on two different aspects of this relationship: first the modes of coordination between Switzerland and the EU according to the concept of external governance and, second, those conditions that make inclusive patterns of interaction more likely. The central finding of this case study is an expansion of both the regulatory and organisational boundary in both cases. This shift finds expression in the incorporation of Swiss actors into a variety of networks that, at least in some cases, allow Swiss actors to shape EU policy making. The actual patterns of interaction are influenced by a number of factors, including the type of governance inside the EU that facilitates the inclusion of third parties in EU external governance and the problem structure that is characterized by coordination rather than enforcement problems.     

Can the global South take over the baton? What cosmopolitanism in ‘unlikely’ places means for future world order

As the West’s centrality fades, the global South may have a decisive influence in shaping future world order. Will that future see a retreat from globalisation to hard-edged particularisms? Or will the emerging post-Westphalian global society let the global South take over the baton of cosmopolitan institution building in its own way? This article draws on a multi-country survey of educated youth to find promising signs of imagined common ground with other countries. It suggests the flavours of cosmopolitan integration that the global South is likely to support in coming decades.