超期董事所实施的法律行为事实上具有表见代理的效力

董事无限制的超期任职,从表现而言妨害了股东选举董事的自由意志,而深层次则是剥夺了股东对董事会乃至公司的控制权,对股东利益构成潜在威胁,因此,应当限制董事超期任职行为。     

‘Where am I in this story?’ – listening to activist women writers*

This study discusses the dynamic roles of activist women in militarized societies. It offers an analysis of the perspectives of Israeli activist women regarding their roles as women activists and writers. In their non-fiction writings, these activist women voice their resistance and document both their everyday lives and political perspectives about the Israeli-Palestinian conflict and their socio-political activism and resistance to the Israeli occupation. These women were interviewed regarding their perspectives and struggles. The interviews were analysed by applying narrative analysis – the ‘Listening Guide’ methodology – to explore their various voices and narratives. By using this methodology, this study sought to uncover additional knowledge regarding women’s forms of resistance in militarized societies. We emphasize the importance of women citizens’ voices, narratives and points of view by presenting activist women’s critical insights on activism, the Israeli-Palestinian conflict and literature. Their curiosity, agency, critical perspectives, and resistance can be viewed as counter-narratives that de-centre Israeli hegemonic masculinity and demand a critique of the national and militarized ideology. Our article seeks to demonstrate the importance of women’s perspectives, everyday life experiences, dilemmas and struggles in a reality of conflict and war.     

Reluctant Bedfellows: Want of Authority and Knowing Receipt

The case note examines the recent decision of the Hong Kong Court of Final Appeal in Thanakharn Kasikorn Thai Chamkat (Mahachon) v Akai Holdings Ltd, where Lord Neuberger of Abbotsbury adopted the test of irrationality in determining whether a defaulting agent had apparent authority to act on behalf of his principal to confer benefits on a third party. His Lordship further held that a concurrent claim in knowing receipt arose against the third party, and the test of unconscionability is substantially the same as that of irrationality. The present note argues that symmetry of the two tests is not necessary, for knowing receipt and apparent authority deal with issues that are categorically different and serve different purposes. It also examines, in the context of benefits conferred upon an underlying agreement that is void, the oft‐overlooked issue as to what amounts to receipt for the purpose of knowing receipt.     

我国涉恐资产冻结法律制度的司法适用疑难问题探讨

防治恐怖活动犯罪是当下我国重大的现实问题。冻结涉及恐怖活动组织和恐怖活动人员的资产有助于在经济上打击恐怖活动。我国已建立了完整的涉恐资产冻结制度,但是司法适用中,在涉恐资产的冻结对象认定上,我们应当将"恐怖活动"的主观要素作为区分"恐怖活动"与其他暴力活动的界限。明确"资助或者以其他方式协助"恐怖活动是"恐怖活动"的表现形式;涉恐资产冻结的主体是应当履行反洗钱义务的金融机构、特定非金融机构;在将出台的《反恐怖法》中应协调好涉恐资产冻结制度与相关法律制度之间的关系。     

论无因管理的法律效果

无因管理是指没有法定或约定的义务,为避免他人利益遭受损失而进行管理或服务的法律事实,为他人管理事务的行为.无因管理法律制度最早源于古罗马法,它的确立和存在旨在保障协助他人者的利益同时又要保护每个人就自身的事务不受过度干预.在性质上,无因管理是一种事实行为.这种事实行为又因其产生原因及构成要件的特殊性而又决定其具有了特定的法律效果.     

Creating resilience or private sector dependence? Shifting constructions of the farmer in Australian policy discourses

The Australian Government’s Agricultural Competitiveness White Paper aims to create a profitable and resilient Australian agriculture sector. In doing so, the White Paper emphasises farmers’ individual responses to the structural problems which have undermined farmers’ profitability, such as consolidated commodities markets. In particular, the White Paper recommends that farmers shape their farming practice to make their farms more attractive to private investors. This is presented as a normal response to farm profitability concerns. Farms are portrayed as investment targets and securing investment is framed as an essential skill of the modern farmer. To understand how this discursive construction has been made possible, this article develops a genealogical analysis of changing constructions of farmers, farming and of the role of the State. This research reveals the subtle discursive shifts which have helped shift responsibility for farming, from the State, to the self-reliant individual, and most recently, towards the private sector. Whereas the construct of the self-reliant, independent farmer has been used to facilitate deregulation of agricultural industries, this recent shift in power towards the private sector may potentially undermine farmers’ autonomy and increase dependence on private sector investment.     

Hunger strikes,detainee protest,and the relationality of political subjectivization

This paper attends to the relationships and spatialities through which immigration detention centers, though isolating and constraining spaces, are shaped by detainees. I approach the problematic of detainee resistance and agency through both Critical Citizenship Studies and feminist relational frameworks. I do so through a case study of one particular rupture – the 2014 hunger strikes at the Northwest Detention Center. My analysis of the 2014 hunger strikes at the NWDC directs me to conceptualize detainee activism as a process of political subjectivization, though one that is fraught with physical and political risk to both detainees and the order of sovereignty and citizenship. This process is undergirded by and productive of a series of interpersonal and political relations that mediate detainee actions and statements, and constitute them as a rupture in the order of sovereignty and citizenship.     

隐名投资人股东资格认定问题研究

股东是公司关系中最为重要的角色,股东资格又是股东地位的法律基础。隐名投资争议中隐名投资人股东资格的认定遂成为理论及实务界的难题。为了给司法实践提供有效解决的路径,在已有理论研究的基础上展开讨论,从厘清基本概念出发,对争议进行类型化的处理,提出借用《合同法》的隐名代理制度和代理人身份不公开制度来解释隐名投资的内外关系,并结合案例分析,提出相应的解决办法。     

实名制下有偿代购火车票行为的法律性质分析——以10元“倒卖”火车票案为视角

倒卖车票、船票罪中倒卖行为的实质是具有投机性。火车票实名制度的出台有效限制了传统倒卖行为中对火车票的囤积，实名制下有偿代购火车票的行为不具有投机性，其本质应属于一般违法经营活动。从罪刑法定原则出发。其行为表现与侵害的法益不同于传统倒卖行为，不应认定为倒卖车票、船票罪；在利益衡量的角度，有偿代购火车票的行为也不宜认定为犯罪行为。为秩序与便利的平衡，应当对有偿代购行为进行合理规制。     

金融消费者知情权保护的法经济分析

知情权是消费者权利体系的前提与基础,而金融消费的专业性及复杂性,使得金融消费者的信息弱势状态强于普通消费者.在我国,权利初始配置不合理、运行保障缺位等制度缺陷,导致金融机构侵权损害成本社会化.后金融危机时代,一个理想的出路应是倚重金融法治与金融监管,构筑有效的法律激励机制,以降低侵权损害成本.