东星航空的非正常死亡

2009年4月21日，在东星航空进入破产程序仅仅20天之后，国航董事长孔栋在当天的国航业绩说明会上透露了国航湖北分公司刚刚获批的消息，并表示年内将可在武汉经营业务。     

Gender Diversity in the FTSE 100: The Business Case Claim Explored

This article examines the debate within corporate governance about the appointment of female non‐executive directors (NEDs). The first part tracks the diversity story that corporate governance tells about itself from the Cadbury Report (1992) to the Davies Report (2011). The second sets out the evidence used to support the argument that female appointments enhance profits and corporate profile. The third part presents the authors' empirical analysis of FTSE 100 companies and female nonexecutive board membership, and concludes that there is little evidence that companies with female board membership display different characteristics from those without. Industry sector emerges as a significant factor in female appointments. The idea that women should be appointed to boards to increase corporate profitability and profile is not strongly supported by this analysis. A social justice argument based upon the right of woman to equal economic participation opportunities provides a much superior articulation of the need for boardroom diversity.     

New Trends in the Criminalization of Stalking in the EU Member States

Article 34 of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence obliges signatory states to criminalize stalking. This article provides an inventory of criminal anti-stalking legislation in the 28 EU Member States in order to see whether they live up to this obligation. Although the number of Member States with dedicated legislation has increased significantly (n = 21) there are some questionable trends, such as the proliferation of criminal provisions which require the victim to have experienced fear or distress or an inclusion of an exhaustive list of stalking tactics. Although the states are not in evident violation of article 34 their perception of what constitutes stalking sometimes deviates from the intentions of the Convention.     

Understanding the New Regulatory Governance: Business Perspectives

This article considers business understandings of two of the principal features of the new regulatory governance. First, it focus on attempts to place greater responsibility for risk regulation on business and asks how well equipped they are to manage this. Second, it examines the decentering of the state and considers how business organizations view the influence of nonstate actors on their business regulation. These issues are discussed with reference to data from two different research projects in the United Kingdom. The findings question the implicit assumptions the new regulatory governance makes about how well equipped businesses are to manage the risks they generate and how able nonstate influences are to influence the full range of businesses.     

The “Conventionalization” of Safety Crimes in the Post-Communist New Member States of the European Union

This article begins by presenting a brief overview of the neglected area of “safety crime” in the post-communist states of Central and Eastern Europe. Quantitative and qualitative evidence is reviewed, suggesting both the widespread nature of safety crimes, and a deteriorating work environment, in which safety crimes are routinely tolerated. Evidence of the “institutionalized tolerance of non-compliance” is provided through a case study of labor inspection in the new member states, focusing on Latvia, currently the worst performer in health and safety in Europe. Against a background of general violations of labor rights, current innovations in European-level regulatory strategies are critiqued, in particular, the shift towards “soft law” and compliance-based strategies, relying on appeals to corporate social responsibility, together with the encouragement of various forms of voluntary initiatives. It is suggested that such (self)-regulatory strategies may be inappropriate as forms of crime control in the new member states of the European Union. In effect, a convergence domestic and European Union policies may open the door to the further “conventionalization” of safety crimes in the new member states.This article is based on a paper first presented to a seminar, “Regulating Corporate Crime and White-Collar Crime: Developments across Europe”, Finnish Police College, Helsinki, 3–4 September, 2004. Financial support for the research was provided by a European Commission Marie Curie chair award (no: 509727). The author would like to thank Kit Carson and Steve Tombs, as well as the participants in the Helsinki seminar for their helpful comments. Any errors remain those of the author alone.     

重庆价值16亿元国企土地流失黑幕

国有企业重庆合川丝绸总厂曾经拥有数千万元资产和价值16亿元的土地,一家私营公司却能以406万元的微小代价将其尽收囊中——其间充斥的纷争、权谋和种种暗箱交易至今未能揭开,这幕后是否还有黑手?一个私企老板仅以400万元,就买走了重庆合川丝绸总厂价值16亿元的土地,谁相信这里面没有黑幕?在靠近原丝绸厂的一栋简陋房子里,衣衫单薄的李年(化名)双手微微发抖,不知是因为这深冬的寒冷,还是因为无法抑制的愤怒。作为重庆合川丝绸总厂(下称合川丝厂)的老职工,李年这些年来一直在为数千名职工的权益奔走呼号。     

Business, State, and Community: 'Responsible Risk Takers', New Labour, and the Governance of Corporate Business

In December 1998, Peter Mandelson MP, one of the principal architects of the Labour Party's victory in the May 1997 general election, dramatically resigned as Secretary of State for Trade and Industry. Nevertheless, despite his relatively brief period in that office, Mr. Mandelson left his imprint on policy through the publication in November 1998 of a major White Paper, 'Our Competitive Future: Building the Knowledge Driven Economy'. The White Paper sets out the New Labour analysis of the national political economy in a globalized world economy and is very much influenced by Mr. Mandelson's experience of the entrepreneurial spirit during his fact-finding visit to the United States of America. This article seeks to chart the relationship between New Labour's desire to foster the development of the corporate sector within a vibrant entrepreneurial culture and the need to ensure that the integrity of the market is preserved in an arena which is seen as inimicable to strong regulatory intervention by the state. As well as mapping New Labour's political rhetoric onto contemporary debates in corporate governance, the analysis will involve an examination of the interface between business practice and morality. In particular, the article will focus upon the role of the conception of company directors as 'responsible risk takers' and the upon the use of name-and-shame sanctions in the development of an entrepreneurial culture in which all corporate enterprises are seen as having a legitimate societal 'licence to operate'.     

论航空产品责任主体

航空产品责任主体是航空产品责任诉讼首要解决的问题,该主体的确定直接关系到受害人权益是否充分保护和纠纷是否得以顺利解决。该主体具有天然的国际性,同时其因交织航空运输责任与产品责任具有复杂性和特殊性。航空产品责任主体不仅包括一般商事关系的私法性主体,而且还包括负有检测、适航监管责任的公法性主体。欧美等发达国家和地区立法及司法实践对航空产品责任主体呈现出扩大化解释的趋势,其目的是顺应国际社会保护消费者权益人本化发展的价值取向,我国相关立法完善应关注这一发展趋势。     

A New Paradigm for the Teaching of Business Law and Legal Environment Classes

There is a need to develop curriculum and materials on law-related topics better designed for business students planning a career in business. Except incidentally, business school legal faculty are not teaching future lawyers or paralegals. The world of the business practitioner is very different from that of the lawyer. For most business people the law and lawyers are a necessary nuisance. Furthermore, the legal world is changing. For example, methods of alternative dispute resolution (ADR) have become mainstream. Opportunities for "self-help law" have proliferated. These trends, and other opportunities considered in this article, offer substantial benefits to the business community. To meet the needs of today's business person, college business law and legal environment courses must stress economical, intelligent prevention of legal problems and resolution of conflict . This article is about empowering future business managers by utilizing their class time to educate them to more directly meet these goals. Topical coverage and pedagogical approaches for implementing a new paradigm in a business school introductory law course are detailed. Faculty members should not allow fear of change to deter a needed overhauling of the curriculum, as such procrastination could harm the profession's future standing.     

Defining the Job of the Member of the Knesset

In Israel, as in other democracies, there is no comprehensive definition of the job of its parliamentarians. This article explores the refusal to provide a comprehensive definition of the job, and the reasons why such a definition ought to be considered, both in Israel and elsewhere, even if the chances of doing so are slim. With regard to Israel, the main reason why a definition of the job of Knesset members (MKs) is required is related first and foremost to three provisions of the Knesset Members’ Immunity, Rights and Duties Law of 1951. The issue of remuneration for MKs and the problem of mistrust in the Knesset are additional reasons. The article explores those elements of the job that have nevertheless been defined in Israel in a piecemeal fashion – both in terms of what the job excludes and what it includes. Some of these partial definitions appear in laws, the Knesset Rules of Procedure, and the Rules of Ethics for Members of the Knesset. However, the most significant definitions have been provided within the framework of verdicts of the High Court of Justice, which has on occasion been called upon to deal with various issues connected with MKs’ rights and immunities.     

航空安全保卫系统安全分析浅探

本文应用安全管理的系统安全分析理论与方法,较为系统地厘清了航空安全保卫系统的风险管理理论与方法。航空安全保卫系统风险管理理论与方法的构建,首先应在合理分解诸如公安行政、民航机场、航空公司等子系统功能的基础上,采用检查表方法准确全面地识别危害安全保卫的内外部危险源,其次从可能性和危害性二者有机结合的维度科学细致地评价危险性,并兼顾定量与定性二法对危险性进行分级,最后从外部环节控制、危害空房安全行为控制、航空保安系统完善三个维度制定出航空安全保卫系统的风险化解策略。