公司法语境下的重大资产出售定位——兼评《公司法》第75条、第105条和第122条

对重大资产出售的界定,应采取质与量相结合的标准:在质的方面,要求出售标的必须是经营性资产;在量的方面,要求出售标的须达到净资产总额的一定比例以上,且动摇了公司的存续基础。在公司拥有单一营业的情况下,出售行为只须满足质的标准,即可构成重大资产出售;在公司拥有多项营业的情况下,出售行为还须满足量的标准,方可构成重大资产出售。我国现行立法对重大资产出售的界定尚不准确,因而值得探讨。     

Commentary on the Newly Implemented Amendment Ⅷ to the Criminal Law Concerning Children’s Rights in China

Amendment Viii to the Criminal Law of the PRC, which went into effect on May 1, 2011, is not only in line with the basic spirit of the Universal Declaration of Human Rights and relevant international human rights treaties, but also is related to the priority area of the Program for The Development of Chinese Children (2011- 2020). Thus, it helps to safeguard the rights of juveniles and strengthens criminal law protection of their rights and interests.     

推进“基层和谐促进工程”之思考——以宁波市为例

宁波市推出的＂基层和谐促进工程＂,由市综治组织具体实施,秉承了＂枫桥经验＂的时代要求,以和谐促进会等社会融合组织为依托,以各类和谐促进员队伍为主体,通过实行社会管理终端化、力量整合兼容化、诉求解决初始化、工作保障常态化,构建起了化解社会矛盾纠纷、应对复杂形势的长效机制,实现了基层社会的和谐稳定。     

当代侵权法比较研究

侵权法在两大法系中所采路径截然不同、风格各异,这一特点与具体规则模式和一般原则模式之间的现代法律理论的区别是相伴而生的。比较侵权法的焦点主要不是实体问题,而是侵权法的基本结构和模式问题。在侵权法的诸多具体制度上,两大法系远比普遍认为的那样更为相近,二者之间并没有不可逾越的障碍和差别。     

现代法治与民主宪政的金融解释

金融发展对一国的现代法治与民主宪政有着深远的促进作用。金融格局与工商文明构建了现代民主、法治的基石,内生化了市场对法律制度、民主宪政制度供给的需求。欧洲式的现代民主法治的建构与金融市场的发展有着极为密切的联系。正是由于有着与金融财富增长相匹配的金融民主模式,欧美国家的民主宪政得以确立。文章以金融秩序与工商文明的发展为主线,从金融视角,解读中国社会工商文明的系统累积与法律制度供给,金融工商文明的话语体系与思维方式,政府公权力与民间私权利的互动,对深刻理解与构建中国社会的现代法治与民主宪政,具有重要意义。     

“We weren't the sort that wanted intimacy every night”: Birth control and abstinence in England,c.1930–60

This article presents an exploration of qualitative evidence on the relationship between birth control and abstinence from an oral history project, which interviewed middle and working-class English men and women, who had married between the late 1920s and the early 1950s. Among the working classes the assumption that men were responsible for birth control choices and the disadvantages that contraceptive methods of all types posed, combined with the fear of pregnancy, acted as a disincentive to have sex and resulted in forms of partial abstinence. Among the middle classes, women had much more access to birth control information and as a consequence a greater range of methods was used, including more female methods. However, the reluctance of couples to discuss sexual matters, and some continued preference for male methods meant that while condoms were the most regularly used middle-class male method, both withdrawal and abstinence were also in evidence. Moreover, although partners were more likely to discuss birth control at the start of their marriages, they were less likely to agree that contraception was a male responsibility and there was greater potential for conflict over contraceptive methods, not infrequently resulting in abstinence. The evidence suggests that sexual and contraceptive practices in marriages in England at the end of the secular fertility decline do not present a picture which straightforwardly correlates with the assumptions represented by the popular thesis that this period of increased fertility control was closely associated with the rise of companionate marriage.     

Rape investigation and prosecution: Stuck in the mud?

Abstract

This paper evaluates the Stern Review of rape in the context of public responses to rape, in England and Wales. The piece is based on an anti-rape feminist approach and so weighs a woman-centred approach to rape responses against the mainstream justice model. Overall, the argument made is that nothing much is really changing in public responses to rape. The work outlines problems with the Stern contention that the conviction rates for rape need to be calculated differently, and takes issue with the claim that the “policies are right”. Stern's call for greater support for women who have been raped is welcomed, but the effectiveness of the review process itself is questioned. These discussions illustrate the process of attrition as it is variously understood by feminists and by Baroness Stern. It is suggested that reviews themselves may be little more than a dampener, brought in when claims for change create a need to be seen to be doing something. A preferred alternative might be some form of ongoing body, reviewing and challenging practice and policy; however, it is recognised that this could be difficult to achieve amid the current spending cuts. The paper then turns to evaluate trends in support for survivors and notes that the more “professional” models of the Sexual Assault Referral Centre and the Independent Sexual Violence Advisers have held sway for some time. However, under the new coalition, government funding is also being directed towards women-only Rape Crisis centres, and this move is warmly welcomed here. The work concludes that much does indeed remain the same, despite positive signs in terms of respect for this survivor-centred model.     

Non-sex offenders display distorted thinking and have empathy deficits too: A thematic analysis of cognitions and the application of empathy

Abstract

It is generally assumed that empathy acts to disinhibit behaviour that could be perceived as detrimental to others, and as a result is a common feature of offender treatment programmes. The present research hypothesised that empathy in all populations is both a situational and a selective process that is ultimately governed by self-interest, and further, that it is the nature of the self-interest that distinguishes individuals rather than a general empathy deficit per se. Empathic processes were observed in a non-offending population in a personal situation normally regarded as evocative of empathy: infidelity. Thematic analysis of data from individuals who reported being faithful or unfaithful to their partners revealed five dominant themes: vulnerable predisposition, emotional motivators, rational emotive decision making, avoiding cognitive dissonance and lack of remorse. The themes all revealed how individuals employed cognitive strategies, which were managed by self-interest that functioned to create cognitive states devoid of empathy.     

When is a group not a political group? the dissolution of the TDI group in the european parliament

This article is about political groups and non-attached members in the European Parliament (EP). Although the strengthening of the former to the detriment of the latter is an old as well as an incremental phenomenon, it is with the current legislature that the struggle between the two has become a central issue of the EP agenda. The peak is the case of the TDI Group (‘Bonino-Le Pen’), the first political group dissolved by the assembly itself, backed by an unprecedented judgment of the Court of First Instance, on the basis of the lack of political affinities between its members. At the same time as shedding light on the way political groups are conceived and the prerogatives they reserve, this episode emphasises the special imperatives of the EP internal organisation and helps to explain the most recent revision of the Rules of Procedure. The study reveals that over time the EP has increasingly enhanced the role of political groups to an extent that non-attached members consider prejudicial for the full exercise of the democratic mandate; moreover, it shows that the requirement of political affinities to form political groups is formal in nature so that only an explicit denial would entail its actual enforcement, as was the case for the TDI Group; finally, while emphasising that the EP's internal structure needs to be considered in the light of the special legislative role and unique transnational features of the institution itself, it warns that reference to other national models can be misleading.