有限责任公司股权转让时“其他股东同意权”制度研究

有限责任公司股权转让时其他股东同意权之规定,对于体现公司的人合性内在要求、维持公司既有内部权力格局、保护公司及股东的合法权益具有重要意义.基此,该规定应一体适用于股权内部转让与外部转让两种情形.股权转让时通知对象、通知方式及通知内容,以及其他股东同意权行使的方式及效力等立法设计应进一步科学化,以提升可操作性.无论自有限责任公司人合性角度考虑,还是从我国现行立法条文分析,应赋予公司章程更大的自治空间与效力范围,同时给相关股东及第三方应有的保护.     

(Why) should we require consent to participation in research?

It is widely accepted that informed consent is a requirement of ethical biomedical research. It is less clear why this is so. As an argumentative strategy the article asks whether it would be legitimate for the state to require people to participate in research. This article argues that the consent requirement cannot be defended by appeal to any simple principle, such as not treating people merely as a means, bodily integrity, and autonomy. As an argumentative strategy the article asks whether it would be legitimate for the state to require people to participate in research. I argue that while it would be legitimate and potentially justifiable to coerce people to participate in research as a matter of first-order moral principles, there are good reasons to adopt a general prohibition on coercive participation as a matter of second-order morality.     

论被害人同意行为量刑上的意义

被害人同意行为量刑上的意义是指被害人的同意行为虽不阻却犯罪的成立，但可以作为从轻、减轻处罚的理由。对于牵涉到公共利益的个人权益，被害人无权自由处分。经被害人同意而杀人的，对行为人应当从轻、减轻处罚．具体应充分考量行为的动机、被害人同意的原因、产生的社会影响等。帮助自杀的。对精神帮助者一般可不追究刑事责任，对物质帮助者视情节可以从轻、减轻处罚甚至不以犯罪论处。经被害人同意造成严重伤害的。如为避免被害人更大危险的，被害人同意行为应当认定有效。同意被拐卖的，被害人同意行为不能阻却拐卖妇女罪的成立，但可作为从宽处理的量刑情节。     

The Monetisation of Consent and its Limits: Explaining Political Dominance and Decline in Malaysia

ABSTRACT

Malaysia’s 14th General Election in 2018 toppled the Barisan Nasional government after six decades in power. Barisan Nasional’s longevity was due to its performance legitimacy and a capacity to manipulate electoral mechanisms. However, it was the use of money in eliciting consent that led to a political change. This article traces how sustaining the dominance of the Barisan Nasional under Najib Razak used a strategy which we term the monetisation of consent. However, when monetising consent loses its efficacy, political dominance is challenged. We discuss why and how manufacturing consent through the use of money has its limits when regime legitimacy is challenged. Intense political competition on the electoral terrain from 2008 and the multiplication of Malay-Muslim political parties induced Najib’s greater personal grip on state funds to gain political support. This resulted in the Najib regime’s kleptocratic turn. Beyond the disbursement of largesse to political power brokers and business elites, his government monetised consent as a populist strategy. The reduced efficacy of electoral manipulation made the monetisation of consent imperative for regime survival but the use of money and unpopular fiscal policies, which deprived citizens of disposable income, led to a legitimacy crisis and the Barisan Nasional’s defeat.     

《侵权责任法》中患者近亲属知情同意评析

《侵权责任法》在患者知情同意制度中使用了“近亲属”这一概念,并在第五十五条提出：“不宜向患者说明的,应当向患者的近亲属说明。”此提法不仅与国外“病人自治”原则存有差异,而且“近亲属”这一概念范围也不明确。本文拟对第五十五条立法中所体现的“近亲属知情同意”的合理性以及“近亲属”这一概念使用的恰当性进行探讨。     

The Place of Wishes and Feelings in Best Interests Decisions: Wye Valley NHS Trust v Mr B

In Wye Valley NHS Trust v Mr B the Court of Protection decided that it was not in the best interests of Mr B to receive amputation surgery against his will, notwithstanding that he would die without the treatment. The judge met with Mr B in person and his best interests decision placed significant weight on Mr B's wishes and feelings. This case note considers this influential case in the context of ongoing debate about the place of wishes and feelings in best interests decisions under the Mental Capacity Act 2005. It considers the history of the best interests principle, its interpretation by the Supreme Court in Aintree University Hospitals NHS Foundation Trust v James, ongoing debates about its compatibility with Article 12 of the United Nations Convention on the Rights of Persons with Disabilities, and recent proposals by the Law Commission for statutory amendments to the Mental Capacity Act.     

How I met your mother: Mitigating forced marriage in the United States

Forced marriage in the United States is a hidden issue for a growing number of children and young people. Being trapped in a marriage severely impacts a person's well-being, with long-term psychological and physical ramifications. Forced marriage increases the likelihood of domestic violence and sexual abuse, depriving victims of autonomy. To lessen the number of forced marriages, this Note proposes emulating a United Kingdom statute. The statute provides a comprehensive approach with tailored programs and services to serve the needs of victims of forced marriages. Adopting this statute will create uniform law, making forced marriages illegal federally.     

Deregulation and Emergency Contraception: A Way Forward for Women's Health Care?

A deregulation of medicines is currently underway in the U.K. and France. Emergency contraception has become available over the counter in pharmacies in both countries. This might constitute a further step in the liberalisation of contraception, something which has always received support from women’s organisations and from women themselves. It also forms part of a current revolution in patient behaviour. This article examines the law governing the deregulation of emergency contraception in the U.K. and France and assesses how far this might serve to empower women to take control of their own reproductive health care provision. It considers some of the British feminist critiques of the limit to patient’s autonomy put forward by Sheldon(1998), Foster (1998), and Murphy (1998). This revised version was published online in July 2006 with corrections to the Cover Date.     

基层网格化治理中的个人信息权益保护

基层网格化治理领域中的个人信息权益保护具有特殊性,具体体现为融合性、持续性、广泛性与不可回避性.目前,我国基层网格化治理个人信息权益保护存在个人信息保护制度不健全、个人信息获取方式不科学、个人信息收集缺乏对称性等问题,根源在于管理体制思维的潜在影响、网格化治理对象权利保障的缺失、基层网格化治理资源要素配置失衡以及基层网...