论上市公司股东代理权征集滥用的规制--以新《证券法》第90条为对象

股东代理权征集对上市公司治理具有"双刃剑"的作用,其优势与弊端共存的特性使其更需严格规制以防止被滥用。从法理层面进行分析、并结合以往征集投票权实践所暴露的问题可知,新《证券法》第90条相比以前法律规范虽有重大进步,但仍存在对代理权征集滥用规制的不足。可以运用代理人道德风险理论、信义义务理论解释和规制代理权征集滥用行为。分析新《证券法》第90条规定可知,对征集人资格、条件和行使权利程序规定的不足,对征集过程中信息披露和违法征集损害赔偿责任等事项的粗放式规定都可能带来代理权征集的滥用。为了更有效地规制代理权征集滥用行为,应从限缩征集人资格和条件、确立代理权征集决策程序的内部控制机制、强制披露包括征集目的在内的法定信息披露制度和差异化信息披露制度、实施证券"看门人"见证制度等入手,进一步完善新《证券法》第90条规定和加强对代理权征集滥用的规制。     

基本公共服务均等化治理:从“缩小地区间财力差距”到“提升人民群众获得感”

我国基本公共服务均等化已经开始从"缩小地区间财力差距"迈向"提升人民群众获得感"的治理新时代。本文围绕充分性和均衡性重新审视了我国基本公共服务均等化面临的新问题,并围绕"政府调节→基本公共服务均等化→人民群众获得感提升"主线,从理论上探讨了基本公共服务均等化治理框架及需要突破的难点。研究指出:(1)我国基本公共服务均等化治理,指向人民群众获得感最大化的目标嬗变是前提,追求获得感提升带来行政效能的制度保障是关键,理清"投入-产出-感知"链条并形成内外联动的3E绩效体系是重点;(2)技术上需要突破两点:一是以"基本"范畴和"均等"程度为起点,分别构建满足充分性和均衡性的绩效指标体系,二是获得反映人民群众获得感的基本公共服务大数据信息。     

Self-Control and Deviance: A Test of the General Theory of Crime in Argentina

Gottfredson and Hirschi’s General Theory of Crime (GTC) has been one of the most cited and tested theories in criminology. It posits to be in effect transcultural in its application and relevant for any norm-violating behaviors. As most empirical work has been completed in English speaking countries, the current study tested some of the main theoretical postulates in a sample of 214 Argentinean male adolescents, both offenders and non-offenders. More specifically, it tested the relationships between parental practices, self-control, criminal opportunities, and deviance. Findings provide evidence that offenders reported more deviant behaviors and more risk factors than non-offenders. They also provide partial empirical support for the main theoretical propositions. Maternal closeness, support. and monitoring had different effects on self-control and on deviance; both low self-control and opportunities had direct effects of deviant behaviors. Theoretical, research, and practical implications of study findings are discussed.     

What do forensic analysts consider relevant to their decision making?

In response to research demonstrating that irrelevant contextual information can bias forensic science analyses, authorities have increasingly urged laboratories to limit analysts' access to irrelevant and potentially biasing information (Dror and Cole (2010) [3]; National Academy of Sciences (2009) [18]; President's Council of Advisors on Science and Technology (2016) [22]; UK Forensic Science Regulator (2015) [26]). However, a great challenge in implementing this reform is determining which information is task-relevant and which is task-irrelevant. In the current study, we surveyed 183 forensic analysts to examine what they consider relevant versus irrelevant in their forensic analyses. Results revealed that analysts generally do not regard information regarding the suspect or victim as essential to their analytic tasks. However, there was significant variability among analysts within and between disciplines. Findings suggest that forensic science disciplines need to agree on what they regard as task-relevant before context management procedures can be properly implemented. The lack of consensus about what is relevant information not only leaves room for biasing information, but also reveals foundational gaps in what analysts consider crucial in forensic decision making.     

文明自信的中国理念及其世界历史意义——论习近平关于文明交流互鉴的理念

当今世界,人类文明发展面临的风险与希望、挑战与愿景正呈现出前所未有的内在张力与外在表现,深刻揭示人类文明的本质及其互动与发展特征,成为当下必须直面的具有根本性、战略性、紧迫性的重大时代课题。党的十八大以来,立足于中国道路实现史诗般崛起的现实成就与文明品质,习近平深刻把握人类文明演进的基本规律,以文明交流互鉴为主题展开一系列重要论述,系统地阐发了“多彩、平等、包容”的文明本质论、“交流、互鉴、共存”的文明关系论和“共商、共建、共享”的文明发展论,从而为在21世纪推动构建人类命运共同体、实现人类历史进步与和平发展,提供了具有世界历史意义的文明自信理念。     

Caregiving and quality of life

ABSTRACT

The increase in life expectancy for adults with learning disabilities has extended the caring role for their parents. This study examined the experiences of older parents who provide long-term care for their adult children with learning disabilities and how they conceptualise their quality of life. Data were collected using semi-structured interviews with 27 older parent carers from four London boroughs and were analysed using framework technique. Findings indicate that most parents appraised their quality of life positively and reported benefits, despite the challenges they had to negotiate daily. The benefits from caregiving, more so in later life, were: a connected family from shared caregiving; a sense of belonging; purposeful living; a reciprocal relationship with their adult children; and personal transformations from providing care that improved their quality of life. The challenges that participants regularly encountered were: multiple losses (sleep, career, identity and friends); the added stress of the government’s Personalisation Agenda of caring services; struggles for access to services; searching for a diagnosis; worry about future care and fear of abuse when carers are unable to continue in their role; unhelpful attitudes of health and social care professionals; and a lack of empathy from friends as well as the public towards people with learning disabilities. Caregiving and quality of life are inextricably linked and the difficulties that parents experienced were mainly associated with socio-structural barriers, rather than their children’s disabilities. Importantly, the findings inform the practice of social workers and others who support this unique group of carers by providing new insights into how caring impacts on quality of life over time and how best these parents’ needs can be met. This study makes a specific contribution to understanding the lived realities of older carers and extends current conceptualisations of caregiving and quality of life among older people.     

Theoretically,yes, but also empirically? How the corruption-turnout link is marginally explained by civic duty to vote

Corruption is generally associated with low electoral participation. A recurrent explanation of the negative correlation between corruption and electoral turnout involves the rational calculus of the costs and benefits of voting. More specifically, in a context of high corruption, citizens do not vote because they think that doing so will hardly affect policy decisions. A number of influential studies has argued that corruption affects citizens' electoral engagement in a different and more fundamental way as well: It erodes their sense of civic duty to vote in elections. Yet, a relation between corruption and civic duty and a mediation effect of the attitude remains empirically untested. This article examines empirically whether perceived corruption and sense of civic duty are correlated, as well as whether civic duty mediates the relation between perceived corruption and turnout. It does so with the pooled Making Electoral Democracy Work data, as these data contain measures on individuals’ sense of civic duty to vote in four election levels, namely, national, regional, European, and municipal elections, as well as on their perception of corruption in each of these government levels, and on their participation in these four election levels as well. I find a weak relation between perceived corruption and civic duty, and a low mediation effect of the attitude (compared with rational factors), irrespective of the election level.     

Cost of ruling as a game of tones: The accumulation of bad news and incumbents’ vote loss

An extensive body of research documents how governing parties generally suffer electoral defeats. Varying explanations have been offered, most of which touch upon the liabilities of policy responsibility. Although media coverage is generally acknowledged as one of these liabilities, few empirical studies have examined how news content affect government support. Based on the fact that voters get their information about politics, policies and societal issues from the media, this article studies how the constant stream of negative news influences incumbent support over a 20-year period in Denmark. Modeling a previously untested argument on the cost of ruling, it shows that the accumulation of bad news throughout tenure exerts a substantial effect on government support.     

The star of David in a cedar tree: Jewish students and Zionism at the American University of Beirut (1908–1948)

The American University of Beirut's emergence as a hub of Arab national and cultural identity in the first half of the twentieth century has been well documented by historians. The simultaneous Zionist presence on campus has been largely overlooked. Zionist ideas were predominantly promoted by Palestinian Jewish students who formed a small but vocal minority at AUB prior to 1948. Faculty and non-Jewish students also regularly collaborated with and traveled to Zionist institutions in Palestine for academic, athletic, and leisure purposes. For Arab students on campus, therefore, Zionism was not an abstract concept, but rather a national identity embodied by fellow classmates and friends on campus. As the conflict in Palestine increased in the 1930s and 1940s, so too did political activism and tensions on campus between Zionist and Arab nationalist students. This article analyzes this unique period of exchange, collaboration, and friction at AUB, which came to a swift end with the outbreak of the 1948 War. By focusing on the interactions between Arab and Zionist Jewish students at AUB, I seek to extend the ‘relational’ approach towards Jewish-Arab contact beyond Palestine's borders.     

大数据时代日本个人信息保护法探究

个人信息本来是极其隐私的事物,在大数据时代却时刻处于"裸奔"状态,时刻面临被侵犯的风险。特别在新冠肺炎疫情防控中,大数据技术发挥了重要作用,个人信息保护再次引起关注。整体而言,日本个人信息保护法以"个人优先"与"公共优先"的宗旨博弈为出发点,以"个人信息"的概念界定为基础,以个人信息权的保护为核心,以个人信息保护机构的独立设置为落脚点,为个人信息的保护奠定了基础。我国应当积极行动起来,尽快颁布《个人信息保护法》,助力大数据时代个人信息保护和数字经济的发展。