实际出资人股东资格正当性质疑

随着社会经济的发展,隐名投资现象大量涌现。在隐名投资中,实际出资人履行出资义务,却藏身幕后代请他人为名义股东。最高人民法院通过的《关于适用（中华人民共和国公司法）若干问题的规定（三）》明确承认实际出资人具有股东资格。但是,实际出资人的存在是否具有正当性,有必要从法律价值角度加以分析。研究表明,实际出资人的行为通常不具有合法性,承认其股东资格有悖于公平原则、效率原则和秩序原则。     

社会主体：构建社会和谐的动力与归宿

马克思主义和谐社会观是关于人在人与自然、人与社会、人与人交往中实现全面发展、彻底解放和自由飞跃的最高价值目标的构想。中国社会主义和谐社会的构建,离不开马克思主义理论的指导。这是因为,以人民群众为主体的构建社会和谐过程是理想与信念、历史与选择、现实与价值的密切联系、相互作用、全面发展的伟大事业。     

The Context of Minority Group Threat: Race, Institutions, and Complying with Hate Crime Law

A wealth of research suggests a direct association between minority group size and government social control, such as arrest or imprisonment rates. Prior work in this vein, however, gives scant attention to (1) types of law that explicitly address intergroup conflict and (2) regional variation in the salience of minority group threat. At the same time, research on organizational responses to law indicates that institutional linkages to legal environments dictate policy innovation and compliance, yet the relevance of such linkages for law enforcement agencies is less clear. The present research investigates these themes by focusing on law enforcement responses to hate crime in the United States. Data from a sample of large municipal and county policing agencies and their degree of compliance with the federal Hate Crimes Statistics Act are analyzed. Main effects models show that compliance with federal hate crime law is less likely in places with larger black populations, an intriguing finding in light of extant work suggesting that both formal social control and race-based hate crime offending are typically more prevalent where more blacks reside. This effect of black population size on compliance with hate crime law, however, is contingent on region. A positive correlation in the Northeast contrasts with an inverse association in the South. The findings also suggest that organizational facets of law enforcement agencies, notably their engagement in community policing, are associated with compliance. The results elaborate and qualify group threat explanations of government social control and contribute to a burgeoning literature on the utility of organizational theory in the realm of law enforcement.     

Symposium on Replication in International Studies Research

The following symposium tackles an important debate in the field of international studies research and in social science research more broadly. Originating as presentations at the 2002 International Studies Association meetings in New Orleans, the following set of papers examines issues concerning the potential replication of research results from a number of different conceptual and technical perspectives. It also spans an array of journals and journal editors in our field that confront issues of replication on a regular basis. The interactions generated by this symposium have already led to the agreement, detailed at the end of the symposium among the four leading internations relations journals to adopt a single common replication policy. The editors of these journals challenge others to follow their lead. The Editors of ISP hope that this symposium begins a larger discussion on these issues and invites commentary from interested scholars. Lastly, I want to thank Nils Petter Gleditsch for soliciting, organizing, and coordinating the contributions to this symposium. Without his work, this project would not have come to fruition as quickly or in as insightful a fashion. Three anonymous reviewers also provided detailed comments on the entire set of articles in this symposium. We are indebted to the care and effort they gave to the project. Mark A. Boyer For the Editors of ISP     

The Construction and Demolition of the Luhmann Heresy

Among social theories, autopoiesis achieves an almost unequalled level of complexity and abstraction. Yet this has has not in any way deterred commentators from among the ranks of legal and socio-legal academics from launching critical attacks on the theory. This article argues that many of these detractors miss their mark, because their authors either misinterpret the theory by failing to recognize its radical nature and the new paradigm that it introduces, or, in the more extreme cases, project onto the theory immoral or irrational ambitions which are nowhere to be found in the writings of Niklas Luhmann or other autopoietic theorists. All this brings to mind Nabokov's novel Pale Fire, which also is concerned with criticism, projection and misinterpretation (as well as self-reference and insanity). In that novel the text is a poem, while the plot, concerning a paranoid literary critic, unfolds in the notes commenting on this poem. This article reverses this device by placing the main commentaries and criticisms in the main text and the `autopoietry', extracts from the writings of autopoietic scholars, which form the subject of the critical attacks, in the footnotes.     

行政行为公定力与妨害公务——兼论公定力理论研究之发展进路

几近二十年发展,行政行为公定力理论,始终未脱离国内行政法学者视野。然对于这个舶来品,学界一直有两种倾向:一是在理论移植和自构的关系上倚重移植,二是在原理和技术的关系上偏于原理叙述。其实,该理论不仅可以得到重解,在价值规范上与民主政制达成契合,而且,其主张的“违抗具有假定效力的行政行为可能构成妨害公务”的观点,也可以在技术规范上得到刑法学妨害公务行为构成要件学说的支持。因此,如何摆脱对移植的倚重、对技术规范的轻忽,是该理论获得新生的必由之路,甚至也是决定该理论是否应当摈弃之前需要努力的方向。     

俄罗斯亚太战略及对中俄合作的意义

近年来,俄罗斯在对外政策上坚定地向亚太地区倾斜。俄罗斯加强与亚太地区的经济联系,主要借助于其东部地区。这一地区是世界上自然资源最丰富的地区之一,在国家经济中占有重要地位。俄罗斯亚太战略的核心思想是顺应世界经济一体化的趋势,利用西伯利亚与远东地区的地缘、资源、科技和交通运输等优势,积极同中国、日本等亚太国家发展多领域的合作,促进俄罗斯东部地区乃至全俄罗斯经济的发展。     

中俄科技人才合作的现状、问题与对策

多年来中俄开展了多项科技人才合作,引进了一大批优秀的俄罗斯科技人才,对我国经济建设起到了不可替代的作用;同时还存在着认识上有偏见,信息交流不畅,组织协调不够,市场机制不健全,复合型人才缺乏等问题。引进俄罗斯人才是我国引进国外智力的重要组成部分,曾经为我国科技进步和经济发展起了重要的推动作用。黑龙江省应发挥地缘优势,加大引进俄罗斯人才的力度。     

In the eye of the storm: Ambassador James Richards' mission to Iraq in April 1957

This article discusses the visit of James Richards, President Eisenhower's special emissary to the Middle East, to Iraq in April 1957 following the pronouncement of the Eisenhower Doctrine. An analysis of the Richards Mission encompasses a range of specific issues, including the relationship in Iraq between the US and UK and American assessments of the stability of the Iraqi government. Moreover, this article examines the American strategy for navigating the rising tide of Arab nationalist sentiment in Iraq after the Suez War. This article explores the ways in which US policy-makers privileged the notions of ‘stability’ and ‘order’ in Iraqi political affairs and reflects on the critical dilemmas and contradictions underlying American policy towards Iraq and the Middle East after the 1956 Suez War.