论公司在股东派生诉讼中的法律地位

股东派生诉讼,是中小股东对抗侵犯公司合法权益的一项救济措施。我国《公司法》于2005年修订时也引进了该项制度。但是,综观法条,却发现法律对该项制度规定得过于原则和粗化,其中对于公司在股东派生诉讼中应当处于什么法律地位的问题也没有明确,这导致了审判机关在实务中无法可依。本文试图从构建公司在股东派生诉讼中的法律地位需考虑的几个参数对该问题进行分析来认定其法律地位。     

Human Trafficking and Smuggling in China

This article studies human trafficking and smuggling in China. For more than a decade, Sinologists and observers have already recognized the ever-growing phenomena of human trafficking and smuggling in China. Firstly, this article examines the causes, nature, and impact of human trafficking and smuggling. Secondly, this article pays special attention to the human trade in the two most seriously affected Chinese provinces, namely Fujian and Yunnan. Thirdly, this article discusses the efforts by both the Chinese authorities and NGOs to tackle human trafficking and smuggling. Nevertheless, it concludes that there is still a very long way to go before China can manage these issues. This article is significant because human trafficking involves prolonged exploitation of men, women, and children, which is going to haunt the Chinese for a very long time. While Chinese societies have appeared to become modernized, human trafficking has constituted a ‘contemporary form of slavery’.     

我国区域经济差异的多元统计分析

本文运用因子分析、聚类分析等统计方法,对我国31个省、直辖市、自治区的经济、环境、人力资源的区域差异进行了分析,并给出了协调发展政策建议.     

Reaching Out or Pulling Back: Macroeconomic Conditions and Public Support for Social Welfare Spending

In economic hard-times, do Americans call for increases in governmental assistance, or do they clamor for declines in government assistance? We address this question by identifying the impact of state-level macroeconomic conditions on public support for social welfare spending. We analyze individual-level data from the 1984–2000 National Election Studies, combined with state-level macroeconomic indicators of inflation, unemployment, and productivity. We find that state-level inflation, not state-level unemployment nor state-level productivity, consistently and consequentially shapes citizens’ support for social welfare. With rising inflation, Americans become more supportive of means-tested social welfare spending. Our analyses generally reaffirm the value Americans place on the social welfare safety net, especially during times of economic duress. When the going gets tough, Americans reach out, rather than pull back.     

A Winding Path Ahead?

<正>China and India need more dialogue to strengthen trust after the BRICS Xiamen Summit Is the reference of Pakistan-based terror groups in the Xiamen Declaration,the first such statement at a BRICS summit,a sign of an ease of tensions in China-India relations after the 73-day border standoff?The answer is yes in some people’s opinions,while others disagree.     

In the Name of the Cause: Women's Work in Secular and Religious Terrorism

The article begins by providing a brief history of the involvement of females in the conduct of modern terrorism and discusses the different ideological mindsets that account for their becoming more involved in terrorism associated with ethno-separatist rather than religious concerns, with an eye to the fact that the trend shows unmistakable signs of changing. Secondly, it considers the structure of logic, or systems of contention, that secular and religious groups employ in attempting to legitimize women and girls offering themselves up as martyrs, and discusses what mechanisms they share for doing so. The thesis of this paper is that secular and religious terrorism, though seeking to create significantly different worlds, one modern, the other traditional, fall back upon many of the same rhetorical strategies to justify females engaging in political violence, especially the rhetoric of martyrdom. The Sri Lankan nationalist-based Liberation Tigers of Tamil Eelam (LTTE) is highlighted as the secular example and Hamas and Islamic Jihad as the religious ones.     

K2 Toxicity: Fatal Case of Psychiatric Complications Following AM2201 Exposure

Limited forensic and clinical experience and the lack of confirmatory testing strategies for synthetic cannabinoids (SC) prevent adequate characterization of SC toxicity and the potential impact on public health. A statewide surveillance system identified a fatality involving a 23‐year‐old man found with a large stab wound to the neck following use of a SC product suspected of containing AM2201. Analytical testing for common SCs, SC metabolites, routine drugs of abuse, and over‐the‐counter medications was performed on heart blood obtained at autopsy. Additionally, assays were performed on the SC raw material and drug paraphernalia found on the decedent. High concentrations of AM2201 were detected in all samples. AM2201 metabolites were detected in postmortem blood. Other than a trace amount of JWH‐073 found in smoke residue, no other substances were detected. Psychiatric complications including self‐induced, lethal trauma can occur after the use of SC products.     

Hostile Media Perceptions: Partisan Assessments of Press and Public during the 1997 United Parcel Service Strike

This study investigated partisan perceptions of hostile bias in news coverage of the 1997 Teamsters Union strike against United Parcel Service (UPS), and the processes by which Teamster and UPS partisans formed impressions of public opinion regarding the strike. As predicted, both partisan groups perceived neutral news coverage as biased against their respective sides. However, perceptions of hostile media bias did not produce corresponding perceptions of hostile public opinion; instead, partisans appeared to rely on their personal opinions when estimating the opinions of others. Nonpartisan control-group subjects, however, did infer public opinion in part from their subjective assessments of news content. Findings suggest that level of involvement is crucial in predicting the effect that perceived media coverage of social issues will have on perceptions of public opinion regarding those issues.     

Realizing the Promise of Well‐Being: Longitudinal Research from an Effective Early Intervention Program for Substance Exposed Babies and Toddlers Identifies Essential Components

The University of Miami Linda Ray Intervention Program (LRIP) is a Part C early intervention program for children under the age of three, with verified developmental delays located in Miami‐Dade County that has established a strong link and referral process from the Juvenile Court as well as local community‐based care agencies. Creating a system where early intervention communicates well with the court system is paramount in changing the well‐being trajectories of these vulnerable children. This article describes the growing need for early intervention services as well as the results of one successful early intervention‐court partnership that has shown promising short and long‐term results for developmentally‐delayed children who were born prenatally exposed to cocaine.     

黑社会性质组织罪的名与实

黑社会性质组织罪是黑社会组织犯罪在中国刑法中的确定罪名.罪名的政治属性应当服从法律属性.黑社会性质组织罪与黑社会组织罪具有同质性.犯罪的社会控制性是其本质特征.