输入通胀谁之过

从近年的经验看，那些大型垄断性国企的表现委实难以令人乐观。更有甚者，其中一些企业的作为客观上还助长了输入型通胀的压力     

破产：民企、国企一视同仁

新《企业破产法》对民营企业最大的影响是把民营企业纳入破产法的调整范围中;该破产法实施后,国有企业和民营企业的区别性对待取消了历经“三审”、持续12年的《企业破产法》终于在2006年8月27日出台了,针对这部为众人所关注的《企业破产法》,我们于9月4日采访了破产法专家、新《破产法》起草小组成员之一的李永军教授。     

什么扼住了民企的咽喉

日益频繁的民企“异常倒闭”潮 7月的江南，似火的骄阳，沉闷的气压，让人在潮湿闷热的同时，心情也有几分无端的沉重。     

民企红与黑

刘汉、刘迎霞等密集的政商勾连涉罪事件曝光,展示了中央打击贪腐的决心。而通过这些事件,我们也可透视当代中国民营企业的基本生态,以及建立法治的市场经济的困境与路径。     

全哲洙 民营企业的救赎在于求变——民企在求变中要学会主动捕捉机会

当金融危机的余波逐渐散去，经济向好的态势渐次明朗，但市场竞争依然水深火热，国企的触角越来越长，那么，民营企业该往哪里走？该怎么走？     

可不可以给民企一个机会

进一步开放垄断行业，既能给民企有更多的市场机会，又能激发其斗志，于国于民都有利     

一家民企“被国有”的台前幕后

在云南省曲靖市罗平县，一家国有粮油企业改制后，成为了民营企业。但在改制之后，这家企业遭遇了“被国有”的命运：法定代表人被罢免，企业被决定清算，公安、审计插手，政府部门贷款千万元安置职工，企业资产被决定处置……最后的结果是：企业停产，职工回家，厂长告状。     

民企老板缘何陷入—场离奇官司 疑有官员干预司法

一审重判15年，二审认定证据明显不足发回重审，一件事实清楚的简单案件却久拖不决，以涉黑被捕的被告人，背着贷款诈骗的罪名已被关押了近1年半时间。还有一系列令人费解的谜团：法院认定的贷款诈骗案，作为“受害者”的金融机构为何认为被告人无罪？同一案子在不同地方的同级法院，为何有截然不同的裁决结果？多名法律专、家认为无罪的被告人为何被判刑15年？举报人反映，在这一系列谜团的背后＇是极个别政府官员干涉司法的阴影。专家呼吁，有关部门应当彻查，不应让无辜者蒙受冤屈，更不能让司法公正蒙受屈辱。     

民企老板的三大困境

我国民营企业和企业家在总体上还处于＂亚健康＂状态,自然经受不起市场经济大风大浪的冲击和身心俱疲的压力     

创业板难解中小企业资金饥渴

创业板千呼万唤仍未出台，解决中小企业的资金饥渴还需另辟途径。银监会在银行系统开启的“小企业信贷中心”或是好消息     

Revisiting the Role of Private Military and Security Companies

Abstract

This essay addresses the role of private military and security companies (PMSCs) in security governance. In this context, it offers a historical overview of some of the main developments in the evolution of private warfare and critically discusses some of the key challenges confronting the quest for holding PMSCs accountable in accordance with international human rights and humanitarian norms.     

Private Military and Security Companies and the Liberal Conception of Violence

Abstract

The institution of war is the broad framework of rules, norms, and organizations dedicated to the prevention, prosecution, and resolution of violent conflict between political entities. Important parts of that institution consist of the accountability arrangements that hold between armed forces, the political leaders who oversee and direct the use of those forces, and the people in whose name the leaders act and from whose ranks the members of the armed forces are drawn. Like other parts of the institution, these arrangements are responsive to changes in military technology and needs, to geopolitical facts, and to moral and political norms. In particular, they are sensitive to the forms that military organization takes. Since the emergence of modern states in Europe some 500 years ago, there have been three main such forms: private providers—in the form of mercenaries, in early modern Europe—then professional standing armies, which in turn developed into citizen armies. Although elements of the three organizations have coexisted in many armies, the citizen army model has dominated until recently. That model brought with it a particular conception of the accountability relations between the army, the state, and the people. The state had authority over and directed the army, which was accountable to it. In turn the state was accountable for its use of the army to the people, on whose behalf it acted.

The dominance of state authority over the military is now under strain, with the professional and private elements—in the form of private military and security companies (PMSCs)—having increasing importance. As those elements increase in power and presence, so it becomes more difficult to make the state accountable to the people for its use of the military, and more difficult for the people to act as a restraining force on the way in which the military used.

In this essay, I outline and assess these developments—with particular emphasis on the emergence of PMSCs—in the light of a liberal view of (political) violence. The essay focuses on the situation in the United States, which possesses by far the most important military force in the world today, and in which the use of PMSCs is most developed. The paper has three main sections and a brief conclusion: the first section sketches the liberal view of violence and its implications for organizations dedicated to its use; the second outlines the salient characteristics of the three historically dominant forms of armies; and the third looks at the current situation in which the three forms coexist uneasily.     

Unaccountable: The Current State of Private Military and Security Companies

Abstract

The current accountability system for private military and security contractors (PMSCs) is woefully inadequate, and mere enhancements in oversight cannot hope to remedy that failing. I contend that once we recognize the kind of accountability required of PMSCs, we will realize that radical changes in the foundational relationship between PMSCs and the state are required. More specifically, in order to be appropriately accountable, members of PMSCs must become a part of or, at the very least, directly responsible to the legitimate authoritative military or police structures, and there must be a clear and precise delineation of responsibility among public officials for holding individual members of PMSCs criminally liable.     

民营上市公司财务监督问题——兼评《上市公司治理准则》《证券法》的相关修订

在日本设置监查委员会等三类委员会的公司中,监查委员会和会计监查人为公司财务监督的最终把门人。日本立法者虽然给予了这两大监督机构一定的独立性,但是东芝公司财务造假事件的发生却反映出这两大机构背后的许多问题。我国《上市公司治理准则》和《证券法》对公司财务监督的有关修改难以解决民营上市企业的财务造假问题。在我国,作为民营上市公司内部财务监督把门人的审计委员会和日本的监查委员会一样,有着交叉任职和缺乏专业性的问题,这使得聘任财会专业的专职审计委员显得有所必要。同时,类似于日本的情形,独立性、会计师事务所的强制轮换制度缺失和时间压力是会计师事务所担任我国民营上市公司外部财务监督把门人时所面临的问题,对此可采取的改革措施有赋予审计委员会对会计事务所的选解任权和报酬决定权、限制每年年初前4个月签字会计师审计的公司数量等。     

Intention and Attempt

Anglo-American criminal law traditionally demands a criminal purpose for an attempt conviction, even when the crime attempted requires only foresight or recklessness. Some legal philosophers have defended this rule by appeal to an alleged difference in the “moral character” or “intentional structure” of intended versus non-intended harms. I argue that there are reasons to be skeptical of any such differences; and that even if conceded, it is only on the basis of an unworkable view of criminal responsibility that such a distinction would support a rule restricting attempts to criminal purpose. I defend instead the “continuity thesis,” according to which attempts are functionally continuous with endangerment offenses: both are legal efforts to regulate unreasonably dangerous conduct. The upshot of the continuity thesis is that there is little substantive difference between attempt and endangerment in principle, no matter how they are labeled in law.     

Mind the Gap: Lacunae in the International Legal Framework Governing Private Military and Security Companies

Abstract

This article examines the common claim that there are gaps in international law that undermine accountability of private military and security companies. A multi-actor analysis examines this question in relation to the commission of international crimes, violations of fundamental human rights, and ordinary crimes. Without this critical first step of identifying specific deficiencies in international law, the debate about how to enhance accountability within this sector is likely to be misguided at best.     

Mens Rea and Criminal Attempt

Intent to commit a crime has in recent times been used as a basis for assigning fault and making appropriate correctional decisions. The author defines attempt to commit a crime as "engaging in conduct with the specific intention to produce forbidden consequences while aware of the possibility that the circumstances that render such consequences criminal may exist." The author develops and defends the thesis that inchoate crime is more than merely anticipatory guilt. Mens rea in inchoate offenses is not merely a condition of fault-it is a component of the danger of criminal harm that determines the need for forceful intervention.