浅谈一人公司的弊端及其立法规制

承认一人公司的法律形态是新公司法的一大亮点.但一人公司因为只有一个股东,股东之间的相互制约机制无法发挥作用,而公司内部三权分立的权力制衡机制更是无法发挥作用.所以在与一人公司交往中存在很大的风险,这就要求我们必须警惕一人有限公司存在的种种弊端,从一人公司的设立、运营以及责任等方面对其进行有效的规范,以促进一人公司的良性发展.     

自首制度比较研究

本文对中外刑法的自首制度的几个问题,诸如立法模式、自首概念、自首成立要件与处罚等进行了详细比较研究。     

论我国婚姻无效与撤销制度的完善

值此中华人民共和国民法典正在制定之际 ,考察我国现行婚姻无效与撤销制度之不足 ,借鉴外国立法经验 ,结合我国实际 ,提出修改、完善立法的建议 ,以供我国立法机关参考。     

Nigeria’s 2015 General Elections: The Salience of Electoral Reforms

Nigeria’s 2015 general elections were followed by positive remarks by trusted local and international observers. The highpoint of the elections was the emergence of the opposition candidate as the winner of the 28 March presidential elections. Clearly, this is unprecedented in the electoral history of Nigeria considering the enormous influence that surrounds the office of the incumbent executive in the country. This article analyses the reforms that enhanced the integrity of the elections. The article illustrates the electoral reforms introduced by the electoral management body and their connection to the improvement of the integrity of the 2015 general elections.     

Women in the House (of Parliament) in Fiji: What’s Gender Got to Do with It?

Abstract

Women in Fiji have made steady, albeit slow, progress in terms of parliamentary representation, with women now holding 14% of seats in the lower house of parliament. Some of the progress has occurred as a result of improvements associated with increased socio-economic development, such as education, female employment and incremental changes in women’s standing in Fiji society. Much of this change, however, has been due to women’s movements and civil society activism becoming more astute to concerns of gender equality and lobbying for women’s political participation. In a country that witnessed four political coups, women have had to create their own path into the public sphere. Despite progress, with an increasing number of women in the 2014 parliament, patriarchy is still a major force hindering women’s political advancement in Fiji. This paper argues that a combination of cultural stereotyping and persistent gendered norms contribute to masculinisation of the political realm and eulogise women’s role in the private sphere. But gender intersecting with ethnicity, age and class create differential levels of political agency for different groups of women in Fiji.     

Black knights and elections in authoritarian regimes: Why and how Russia supports authoritarian incumbents in post‐Soviet states

In the last decade, studies have documented how autocrats use elections as a way of legitimising and stabilising their regimes. Simultaneously, a literature on negative external actors (also known as ‘black knights’) has developed, emphasising how various international actors use anti‐democracy promotion strategies to undergird authoritarian regimes. In this article, these two literatures are fused in an attempt to shed light on the external dimension of authoritarian elections and what is termed ‘black knight election bolstering’. First, five mechanisms are elucidated, through which external assistance increases the chances of ‘winning’ elections in authoritarian settings (signaling invincibility, deterring elite defection, undermining opposition activities, dealing with popular protests, and countervailing pressure from foreign democracy promoters). Second, it is argued that external actors are most likely to offer election bolstering when they face a particularly acquiescent partner or when electoral defeat is perceived to lead to radical and undesired regime change. The relevance of both factors is augmented when uncertainty of the electoral outcome is high. Finally, four cases of Russian intervention during elections in three authoritarian neighbour countries (Ukraine in 2004, Belarus in 2006, and Moldova in 2005 and 2009) are analysed. The case studies corroborate the theoretical arguments: not only does Russia engage in all five types of black knight election bolstering, but it does so only when one or more of the three explanatory factors are present.     

Resurgent Remain and a Rebooted Revolt on the Right: Exploring the 2019 European Parliament Elections in the United Kingdom

The 2019 European Parliament (EP) election took place against the backdrop of the vote for Brexit and the failure of Parliament to agree on a withdrawal agreement. Nigel Farage’s new Brexit Party topped the poll and the pro‐Remain Liberal Democrats, which called for a second referendum on EU membership, returned from electoral obscurity to take second place, while other pro‐Remain parties similarly performed well. In sharp contrast, the two main parties, Labour and the Conservatives, recorded their lowest combined vote share since they became the main representatives of the two‐party system. In this article, we draw on aggregate‐level data to explore what happened at the 2019 EP election in Great Britain. Our evidence suggests Labour suffered from a ‘pincer movement’, losing support in its mainly white, working class ‘left behind’ heartlands but also in younger cosmopolitan areas where Labour had polled strongly at the 2017 general election. Support for the new Brexit Party increased more significantly in ‘left behind’ communities, which had given strong support to Leave at the 2016 referendum, suggesting that national populists capitalised on Labour’s woes. The Conservatives haemorrhaged support in affluent, older retirement areas but largely at the expense of the resurgent Liberal Democrats, with the latter surging in Remain areas and where the Conservatives are traditionally strong, though not in areas with younger electorates where the party made so much ground prior to the 2010–2015 coalition government. Lastly, turnout increased overall compared with 2014, but individuals living in Leave areas were less motivated to vote. Overall, our findings suggest that those living in Remain areas were more driven to express their discontent with the Brexit process and more inclined to support parties that offer a second referendum on Britain’s EU membership.     

Signalling issue salience: Explaining niche party support in second-order elections

Why do many mainstream party voters switch to voting for niche parties in second-order elections? I develop a simple framework to explain niche party switching in second-order elections and propose that some voters defect strategically to niche parties as a way to signal the salience of an otherwise overlooked issue to their preferred mainstream party. Using panel data from the United Kingdom and Germany, I find that vote switching in second-order elections is more common among those who perceive a mismatch between the party they feel close to and the party perceived as best able to handle an issue of importance to them, as well as when they believe less is at stake and when they place much importance on an overlooked issue.     

Jumping on the Trump Train or Ditching the Donald: Campaign Rhetoric and the 2016 Congressional Election

The 2016 general election presented an unusual challenge to Republican congressional candidates: whether to market one’s campaign as aligned with or against Donald Trump’s controversial candidacy. In this paper, we determine what district and member-level factors influence candidate endorsements of Trump for president. Second, we study if the endorsements hurt candidates on Election Day. We find that underlying political partisanship, as measured by Mitt Romney’s 2012 vote share in congressional districts, predicts much of incumbents’ support for Trump, and that candidates’ support did not harm them in the general election.     

我国经济区域内地方立法间的博弈论分析——以长三角经济区域为例

作为地方政府宏观调控主要手段的地方立法由于各地方利益间的相互冲突而不能进行立法合作,致使区域经济各地方间存在恶性竞争等不利现象,使区域一体化迟迟难以实现。博弈论研究决策主体行为发生相互作用时的决策及这种决策的均衡问题。以长三角经济区域为例,将博弈论引入我国经济区域内地方间立法,可以建立创设性立法构架,指导其协作性立法。