Preinvestment Negotiation Characteristics and Dismissal in Venture Capital-Backed Firms

In this study, we investigated idiosyncratic preinvestment process characteristics that influence the dismissal of management team members of venture capital-backed firms in the postinvestment phase by analyzing sixty-three portfolio firms. We considered two salient perspectives within the literature on governance of interfirm relationships: contractual and relational governance, which are related to positional and collaborative negotiation styles. Our findings indicate that positional bargaining in the preinvestment phase may be a reliable indicator that there is a greater risk that new venture team members will be dismissed when things get tough in the post-investment period.     

虚拟货币的国际监管:以反洗钱为起点走出自发秩序

虚拟货币诞生已逾十年,其并未对现有法定货币体系造成冲击,因此,主要国家货币当局并未对个人持有并使用虚拟货币进行禁止。同时,由于虚拟货币是否适合普通投资者并没有定论,主要国家证券监管当局也并未正面注册或审批任何一种面向公众投资者发行的虚拟货币或与其挂钩的金融产品。但是,投机、欺诈和严重的洗钱问题促使各国当局不得不以实质性...     

我国新《公司法》中的公司治理结构

公司治理结构是公司法的重要制度,也是公司法的重大理论问题。论文以我国新《公司法》为背景,采用对比的方法,比较深刻地分析了我国《公司法》修订之前公司治理结构存在的问题,主要包括:产权关系不清;权力高度集中;监督制约乏力。论文进一步剖析了我国新《公司法》对公司治理结构的完善,主要表现为:明晰产权关系、界定股权性质;完善法律规制、突出公司自治;完善治理机制、强化"高管"责任;健全诉讼途径,强化司法救济。     

积极应对金融危机,为了更好的生活——德国五金工会(IGM)的行动计划

德国五金工会(IGM)明确指出在过去20年间,由于放任自由、不受管制的金融市场恣意发展,潜伏的危机和风险不断增加,导致了金融市场的完全失控.全球性金融危机的爆发,进一步表明危机治理不可能通过市场自身得以实现,恢复经济正常良好运转离不开政府的调控和社会综合治理.为就业岗位提供安全保障、推行民主参与、完善资本和金融市场的政策管理规定、减少投机行为和防止利润流失、税收失控等措施,都是积极应对金融危机的有力举措.     

A candidate for relegation? Corruption,governance approaches and the (re)construction of post‐war states

The article discusses the place of anti‐corruption in the post‐war donor agendas. It uses examples from a set of country reports to demonstrate the divergence between the rhetoric and reality of donor‐led initiatives, and the delivery of reform through the governance approach of which addressing corruption has been a part. It suggests that dealing with corruption has often been diluted or downplayed within the wider approach. Within the debate to revise that approach, corruption may be relegated further down the agenda. While recognising the complexity of the post‐war reform process, and the demands from the multiple tasks and volume of funding being addressed by a range of domestic and external actors, the article suggests that failure to address corruption within any new approach in favour of what are considered more pressing reform issues may well cause problems for the future. Copyright © 2009 John Wiley & Sons, Ltd.     

What Makes an Aboriginal Council Successful? Case Studies of Aboriginal Community Government Performance in Far North Queensland

Indigenous community governments are at the frontline of current efforts to ‘close the gap’ between Indigenous and non‐Indigenous living standards. Yet there is little empirical evidence about successful performance by these organisations and considerable scepticism about whether introduced Western governance models can ever be viable in Indigenous communities. To identify the governance attributes that contribute to successful performance, case studies were conducted at three Aboriginal councils in far north Queensland. The untested assumptions in current notions of ‘good governance’ were examined. Currently accepted good governance principles and practices were investigated to ascertain their actual causal relationship with council performance. The research further identified key contextual, historical and cultural factors that are important in shaping successful or unsuccessful governance. Practical strategies are suggested for policy‐makers and Indigenous leaders to build the performance of Indigenous community governments.     

Good Administration: Why We Need It More Than Ever

This article relates the concept of 'good administration' to a range of key constitutional issues, including The Governance of Britain , the debate about a British Bill of Rights, the creation of the Administrative Justice and Tribunals Council, and the Law Commission's consultation on public law remedy. It argues that 'good administration', far from being remote from these issues, is a critical component of much that we value most in public life. By drawing upon, for example, the Parliamentary Ombudsman's publication of Principles of Good Administration and the Court of Appeal judgment in a case concerning the Ombudsman's report on occupational pensions, the article suggests that the principles of deliberative democracy, human rights and restorative justice combine to make the Parliamentary Ombudsman an effective instrument for 'humanising the bureaucracy', as first envisaged when the Office was created by the Wilson government in 1967.     

巨灾风险防范的中国范式

中国近年应对包括1998年洪水,2003年SARS,2008南方低温雨雪冰冻和汶川地震等巨灾的实践申,充分发挥了国家政治制度在应对巨灾时的特殊功能,即：“举国应对巨灾”的范式。在这一范式中,各级政府的坚强指挥起到了核心作用;军队、武警及公安等组成的应急武装力量起到了关键作用;改革开放30年形成的较强国力起到了保障作用;广大群泉及各类社会力量的积极参与起到了推动作用;各类媒体的积极舆论引导起到了凝聚力量的作用。我们称这一“举国应对巨灾”范式为“巨灾风险防范的中国范式”。在这一范式中,“五个作用”的整合展示了中国综合灾害风险防范的结构与功能体系的优化,从而体现了巨灾风险防范的高效率,这一点对一些西方国家防范巨灾风险有借鉴价值。然而,在这一范式中,防范巨灾风险的效益仍需要做全面地改进。借鉴一些国家建立的巨灾风险转移的经验,发展巨灾保险与再保险业务;提高各类基础设施的设防水平和生态系统服务能力;提高全民防范巨灾风险的意识和掌握基本逃生技能;完善巨灾风险防范的预案和信息集成网络及指挥平台等,可全面提高防范巨灾风险的资源利用效益．     

European Climate Policy: Toward Centralized Governance?

The EU emissions trading system (ETS) is the first large-scale international emissions trading system and a "cornerstone" in EU climate policy. A key element in the ETS implementation process is deciding upon the ceiling ("cap") for the emissions included in the ETS. Over time, a significant change and centralization of this model has taken place. In order to understand this development, we need to acknowledge the increasing acceptance of stronger centralized governance among the member states due to ETS pilot phase problems; take into consideration frustration in the European Commission over complex and differing National Allocation Plans; and add the fact that the Kyoto Protocol target was getting nearer and a good performance of the "flagship" ETS was becoming increasingly important. Hence, although the case supports the importance of acknowledging the multilevel character of the EU, it still emphasizes the key role of changes in member states' interests and positions for understanding outcomes.     

European Cooperation on Future Crises: Toward a Public Good?

As crises grow more transnational in origin and effect, managing them effectively will require international cooperation. This article explores the dilemmas inherent to producing common crisis management capacities across national governments. Drawing on the literature related to "international public goods," the article builds an approach for understanding these dilemmas through the lens of collective action and the perverse incentives associated therein. The article applies this approach to cooperation in Europe on an issue that typifies the transnational crisis—the spread of communicable disease—and highlights obstacles to European Union ambitions to build a robust system for disease surveillance and control. Having isolated the obstacles, the article then identifies solutions to facilitate cooperation toward more effectively producing the good in question.