我国监事会制度若干问题探析

监事会是现代公司法人治理结构中一重要组成部分。作为公司的法定监督机构 ,监事会具有独立的法律地位 ,保障着公司的规范运作。然而 ,目前我国的监事会制度无论在立法上还是在实践中都暴露出诸多缺陷与不足。因此 ,根据我国经济发展的现状 ,并借鉴国外成功立法经验 ,采取措施完善我国的监事会制度意义重大。     

AGE-VARYING EFFECTS OF FAMILY,SCHOOL, AND PEERS ON DELINQUENCY: A MULTILEVEL MODELING TEST OF INTERACTIONAL THEORY*

Few criminologists have directly examined whether the importance of family, school, and peers in the etiology of delinquency changes over the developmental period of adolescence. This study tests hypotheses, derived from Thornberry's (1987) interactional theory, about the age-varying effects of attachment to parents, commitment to school, and association with delinquent peers on delinquency by applying Bryk and Raudenbush's (1992) hierarchical linear models to analyze the first five waves of data from the National Youth Survey. Results show that the direct as well as total effects of delinquent peers and school on delinquency tend to increase from early to middle adolescence, reach a peak at the age of mid-13 and mid-15, respectively, and then decline. This curvilinear pattern of change is interpreted as reflective of the process of adolescent development and the age-delinquency relationship. On the other hand, both direct and total effects of family on delinquency are found to be significant throughout the period of adolescence, but the effects do not systematically vary as hypothesized. Theoretical, methodological, and policy implications of the findings are also discussed.     

Participatory Budgeting in Midwestern States: Democratic Connection or Citizen Disconnection?

What participation mechanisms connect citizens and city officials? Do they produce valued outcomes? Surveys of elected officials suggest that microlevel mechanisms such as direct citizen contact are more valuable in meeting participation goals than are mechanisms focusing on macrolevel concerns. However, there is a disconnect between perceptions about value and the use of mechanisms. State‐level participation requirements and a city manager have little effect on the value of a mechanism. These findings raise some questions: why are microlevel participation mechanisms favored, why do some mechanisms have value even though respondents have little experience with them, and why is there a misalignment between participatory goals and the mechanisms used?     

A RANDOMIZED EXPERIMENT TESTING INMATE CLASSIFICATION SYSTEMS*

Research Summary: In California, incarceration in the state prison system is in part organized by security level. The higher the security level, the more restrictive the setting. Upon arrival at a reception center, new inmates are scored within a classification system that is used to determine the appropriate level of security. In this paper, we report on the development and testing of a new inmate classification scoring system. Over 20,000 inmates took part in a randomized experiment in which half were assigned to their housing using the existing scoring system and half were assigned to their housing using the new scoring system. There were two key outcomes: (1) potential mismatches between the number of inmates assigned to different security levels and the available beds and (2) reports of inmate misconduct. Policy Implications: We conclude there to be some potential crowding problems, but that the new scoring system is much better than the old scoring system in sorting inmates by the likelihood of misconduct. We also conclude that some predictors popular in the past are no longer effective (e.g., marital status), while some new predictors are extremely powerful (e.g., gang activity), and that one can build in a number of mandatory housing placements (e.g., for sex offenders) and not degrade the overall effectiveness of the new classification system. Finally, the new classification system is shown to be more user‐friendly than the existing classification system and well received by the staff responsible for implementing it.     

Reconciling Constitutionalism with Power: Towards a Constitutional Nomos of Political Ordering

Drawing upon Hannah Arendt's and Carl Schmitt's theories on the relationship between nomos and boundary, this paper revisits how constitutionalism and political power are reconciled as constitutional ordering. It first analyzes constitutionalism in the light of political modernity. Indicating that political power grounded by constitutions is omnipotent, complementing and completing constitutionalism, the paper contends that an omnipotent constitutional ordering is anything but an unleashed Leviathan. It is argued that constitutional omnipotence is framed and thus constrained by a constitutional nomos, the matrix of which is a dual delimitation of boundaries, generational, and jurisdictional.     

IS BEING “SPIRITUAL” ENOUGH WITHOUT BEING RELIGIOUS? A STUDY OF VIOLENT AND PROPERTY CRIMES AMONG EMERGING ADULTS

Although prior research has had a tendency to confirm a negative association between religiousness and crime, criminologists have been slow to incorporate new concepts and emergent issues from the scientific study of religion into their own research. The self‐identity phrase “spiritual but not religious” is one of them, which has been increasingly used by individuals who claim to be “spiritual” but disassociate themselves from organized religion. This study first examines differences in crime between “spiritual‐but‐not‐religious” individuals and their “religious‐and‐spiritual,” “religious‐but‐not‐spiritual,” and “neither‐religious‐nor‐spiritual” peers in emerging adulthood. Specifically, we hypothesize that the spiritual‐but‐not‐religious young adults are more prone to crime than their “religious” counterparts, while expecting them to be different from the “neither” group without specifying whether they are more or less crime prone. Second, the expected group differences in crime are hypothesized to be explained by the microcriminological theories of self‐control, social bonding, and general strain. Latent‐variable structural equation models were estimated separately for violent and property crimes using the third wave of the National Longitudinal Study of Adolescent Health. The overall results tend to provide a partial support for the hypotheses. Implications for criminology and future research are discussed.     

REGULATORY OPPORTUNISM: CROSS‐NATIONAL PATTERNS IN NATIONAL BANKING REGULATORY RESPONSES FOLLOWING THE GLOBAL FINANCIAL CRISIS

The variation in national regulatory responses to the recent global financial crisis has been considerable. This article explores this variation using new data on conditions in 30 different OECD countries between 2009 and 2012. Using a mixed‐method approach which employs both fuzzy‐set qualitative comparative analysis and logistic regression, we test a number of hypotheses regarding regulatory response patterns in the banking sector. Our findings suggest that while state intervention during the financial crisis was a necessary condition for a significant regulatory response, ‘financialization’, operationalized here as the structural dominance of the financial sector in the economy, plays a more important role. We show that financialization is both a sufficient condition and a good predictor of a significant regulatory response, and point to possible causal explanations for this surprising pattern.     

Do State‐Funded Property Tax Exemptions Increase Local Government Inefficiency? An Analysis of New York State's STAR Program

This study tests the effects of a growing form of indirect state aid—state‐supported property tax exemptions—on local government efficiency. We hypothesize that larger exemptions, by lowering the effective tax price paid by local homeowners and thus their incentive to monitor efficiency, will reduce local government efficiency. We test this hypothesis by examining the introduction of New York State's large state‐subsidized property tax exemption program, which began in 1999. We find evidence that, all else constant, the exemptions have reduced efficiency in districts with larger exemptions, but the effects appear to diminish as taxpayers become accustomed to the exemptions.     

The Role of Forensic Odontology in the Field of Human Identification

The profession of forensic odontology can make a significant contribution to the field of forensic science in the identification of people both dead and living. The opinion of this author is that this profession is often neglected. This article is a non-technical review of the basic methods that can be used to gather scientific evidence through the use of forensic odontology. Because of the uniqueness of bite patterns, bite marks can identify a person with enough accuracy to result in conviction by the courts. In cases where an unidentified body is skeletonized or visual identification or fingerprint identification is not possible, identification can be established by dental identification. In cases of mass disaster such as airplane crashes or fires, dental identification can be the most useful method not only of determining identity but also of determining the number of victims involved in the disaster. Dental examination can establish characteristics unique to an individual which can be useful as aids in establishing identity. There are several significant obstacles to overcome including lack of standardization and computerization before dental identification can be better utilized. Neglect by the dental profession and dental colleges of this contribution to science should be addressed.

[EDITOR'S NOTE: Dr. Kim is currently Chairman of the Department of Biomedical Dental Sciences, College of Dentistry, King Saud University in Saudi Arabia. Dr. Kim has also served as the Associate Editor on Forensic Dentistry for this journal for the past five years.—Editor.]