论股东表决权制度的完善

股东表决权的行使是股东参与公司管理的重要手段,也是股东对公司管理者进行有效制衡的重要途径。我国公司法对股东表决权的诸多具体问题未做详细规定,为完善股东表决权制度,拟从累积投票制、利益股东表决权回避制、股东表决权代理制三个方面予以探讨。     

Childhood Maltreatment Experiences and Child Abuse Potential: Temperamental Sensitivity as Moderator?

This study aimed to examine the relationship between negative experiences in childhood (physical-, sexual-, and emotional abuse and emotional neglect) and the risk for an individual to become a perpetrator of child maltreatment in adulthood. Participants were 337 female college students who completed self-report measures of childhood trauma and temperament. Risk for child abuse was assessed with the Child Abuse Potential Inventory. Results showed experiences of emotional neglect significantly predicted higher child abuse potential. Additionally it was shown that experiences of physical abuse significantly predicted higher child abuse potential but only in those individuals with high temperamental orienting sensitivity. These results underline the potentially damaging long-term effects of emotional neglect in childhood and indicate temperamental sensitivity may moderate the relationship between being abused as a child and being at risk for maltreating one’s own offspring.     

马克思文化民生思想的内在逻辑及当下启示

追寻和挖掘马克思文化民生思想的内在逻辑,可以发现:人的需要是马克思文化民生思想的逻辑起点,而实践的观点则是其逻辑支点,人的全面而自由发展是马克思文化民生思想的最终归宿。其内在逻辑对于当下的文化建设与民生发展具有重要的启示:在文化建设与民生改革发展中,要以敏锐捕捉和合理满足人民的文化需求为前提;以尊重人民的实践产物、保障人民的文化权利为重点,以确保人民持续性文化受益,促进其走向自由、全面和可持续发展为目标。     

Candidate Entry and Political Polarization: An Antimedian Voter Theorem

We study a citizen‐candidate‐entry model with private information about ideal points. We fully characterize the unique symmetric equilibrium of the entry game and show that only relatively “extreme” citizen types enter the electoral competition as candidates, whereas more “moderate” types never enter. It generally leads to substantial political polarization, even when the electorate is not polarized and citizens understand that they vote for more extreme candidates. We show that polarization increases in the costs of entry and decreases in the benefits from holding office. Moreover, when the number of citizens goes to infinity, only the very most extreme citizens, with ideal points at the boundary of the policy space, become candidates. Finally, our polarization result is robust to changes in the implementation of a default policy if no citizen runs for office and to introducing directional information about candidates’ types that is revealed via parties.     

Children Fleeing Domestic Violence to Emergency Accommodations: Education Rights and Experiences

Domestic violence forces many families to flee to emergency accommodations. This article focuses on children’s experiences of schooling and life at confidential addresses, and to what extent their legal right to education in the face of domestic violence is safeguarded in practice. Data were collected from interviews with 20 children aged 6–16 with multiple relocations at Norwegian refuges for abused women. Interviews were coded using the constructive approach to grounded theory. Data were analyzed using Antonovsky's theory and interpreted within the context of Norwegian and international law, examining the rights of children to education versus the legal rights of abusers. The findings indicate that children’s rights to education and a life without violence may be sacrificed in favor of due process for abusers. The article suggests concrete protective measures to help safeguard these rights, and calls on policymakers and support agencies worldwide to rethink their policies and practice.

     

Rising start-up costs of voting: political inequality among first-time voters

Abstract

Research on voting behaviour stresses that whether citizens become habitual voters depends on the very first elections in their adult life. This article focuses on the increasing participation gap of first-time voters with low and high levels of resources. Looking first at 14 European countries and second at long-term dynamics in Germany, the turnout rate of first-time and older voters over time is compared. It is shown that the turnout gap has increased substantially since the 1980s. In contrast, educational differences in electoral turnout among older citizens are still comparatively small. It is argued and shown that the turnout gap among the young is due to rising ‘start-up’ costs of voting, which affect mainly those who are resource poor.     

Equal Performance of Minority and Majority Coalitions? Pledge Fulfilment in the German State of NRW

This study examines how a government’s majority status affects coalition governance and performance. Two steps are investigated: the inclusion of government parties’ electoral pledges into the coalition agreement, and the ability to translate pledges into legislative outputs. The main results of a comparative analysis of 183 pledges of a minority (without a formal support partner) and majority coalition in the German State North Rhine-Westphalia indicate that government parties with minority status include fewer pledges in the coalition agreement. But this does not mean that they also perform badly at pledge fulfilment. In fact, they show an equivalent performance in fulfilling election pledges, at least partially, when compared to majority government parties. However, there is tentative evidence that the prime minister’s party shows a lower quality of pledge fulfilment, as measured by a higher share of partially enacted pledges.     

Public Reason Between Ethics and Law

Rawls says that public reason is the reason of the citizens of a democratic state and takes the Supreme Court in the USA as the exemplar of public reason. It differs from non public reason, which is used e.g., in universities and academic institutions. Rawls contrasts with Kant, which opposes the public reason of the scholar??or the philosopher??, who speaks before the world, to the private reason of state or church officials. The later, once they accept an authority, cannot think by themselves (selbst denken). A closer examination shows that Rawls is not so far from Kant as it seems, because he takes the constitutional judges not as they are, but as they should be. However Rawls still apparently refuses Kant??s unity of reason. Further investigation of the relations between ethical reason, democratic reason and legal reason is needed. Democratic reason is tantamount both to public reason and to legal reason in a modern constitutional state. It is a requirement of ethics but still not identical with ethical reason, since it is possible to accept democratic reason and to argue against it from an ethical point of view. There is just one good way of reasoning, in spite of the constraints that the sources of law and the rules of procedure impose on legal reasoning, compared with ethics. Such constraints are based on the democratic principle, which is again based on ethical reason, which at last both grounds and limits the constraints that law imposes on reason.