股东出资瑕疵民事责任的比较研究

通过比较我国与其他国家在公司资本制度的法律规定、股东出资的法律规定、股东出资瑕疵的民事责任的法律规定三个方面的具体内容,合理借鉴其他国家的相关法律制度。在民事责任相关法律制度的构建中,应当确立过错责任原则、为违约提供法律救济、完善发起人的责任。     

我国冤案成因与预防救济———以张高平叔侄案为例

刑事冤案频发的背后,所暴露出的不仅仅是刑事司法制度设计上的缺陷,也从客观上反映了相关司法人员司法理念的严重缺失。要从根本上预防并杜绝这类案件的发生,必须设立严格的刑事司法认定标准并加强对应伸冤纠错机制的建立。     

The continuing salience of race: Discrimination and diversity in South Africa

The end of apartheid has brought a resurgence of research into racial identities, attitudes and behaviour in South Africa. The legacy of systematic racial ordering and discrimination under apartheid is that South Africa remains deeply racialised, in cultural and social terms, as well as deeply unequal, in terms of the distribution of income and opportunities. South Africans continue to see themselves in the racial categories of the apartheid era, in part because these categories have become the basis for post-apartheid ‘redress’, in part because they retain cultural meaning in everyday life. South Africans continue to inhabit social worlds that are largely defined by race, and many express negative views of other racial groups. There has been little racial integration in residential areas, although schools provide an important opportunity for inter-racial interaction for middle-class children. Experimental and survey research provide little evidence of racism, however. Few people complain about racial discrimination, although many report everyday experiences that might be understood as discriminatory. Racial discrimination per se seems to be of minor importance in shaping opportunities in post-apartheid South Africa. Far more important are the disadvantages of class, exacerbated by neighbourhood effects: poor schooling, a lack of footholds in the labour market, a lack of financial capital. The relationship between race and class is now very much weaker than in the past. Overall, race remains very important in cultural and social terms, but no longer structures economic advantage and disadvantage.     

Citizen Redress in Public Contracting for Human Services

This article examines from a regulatory perspective the legal position of citizens in respect of contracted out human services. It argues that the inadequate protection of individual interests and the public interest here is a reflection of increasingly complex relationships between the state and independent sectors, expressed in the essentially hybrid character of contemporary public service organisation. Accordingly a hybrid reform strategy, rather than one that attempts to extend or develop private or public law in any particular direction, is most likely to be successful in addressing associated legal governance problems. The attainment of improved redress for service recipients, and increased accountability of contractors and other parties engaged in human services networks, requires the careful tailoring of remedies to the conditions prevailing in particular sectors. The goal of responsive law should be to foster qualities of good administration and respect for fundamental public interest values within the whole range of regulated agencies and bodies performing public service functions.     

行政追偿制度构建之维

行政赔偿中的追偿权对被追偿者来说是一种重大过错行政责任。行政追偿权行使的条件须是行政公务人员的具体行政行为侵犯了相对人的合法权益,并造成损害,行政公务人员违法行为与损害结果有直接因果关系,行政赔偿义务机关已向受害人支付了赔偿费用或履行了赔偿义务,行政公务人员主观上须有故意或重大过失。要完善行政追偿程序,并放宽相应救济渠道。     

Redressing injustice of the past: the repatriation of Ainu human remains

Abstract

This article addresses the controversies surrounding the repatriation of Ainu human remains ‘unethically’ collected by Japanese researchers and stored in university institutions throughout the twentieth century. Some 1653 Ainu remains are held at Japanese universities, and Ainu rights advocates have demanded the return of these remains to their lineal descendants. In 2009, the Japanese government proposed to transfer all unidentified Ainu remains from universities to a memorial hall to be built in Shiraoi, Hokkaido, by 2020. This plan was met by disdain by Ainu advocates for two reasons. First: there was concern that Japanese academics would continue to do research on the remains. Second: the Ainu wished for the remains to be laid to rest in the burial grounds they were originally excavated from. This article discusses the repatriation policies initiated by the Japanese national government, how Ainu representatives have responded, and the ethical debate that surrounds the use of the Ainu remains for research. The article closes by looking at how the conciliation agreement in the legal case by Ainu plaintiffs against Hokkaido University in 2012 for the return of Ainu remains opened up possibilities for community members to petition for the return of ancestral remains for reinternment.     

新桂系对桂北瑶民起义的善后政策

面对战争给桂北民众的生产生活带来的巨大破坏,新桂系当局提出了军事、政治、经济、文化教育以及风俗习惯等方面的善后政策。虽然这些善后政策当时就对瑶民的生产恢复具有很大的帮助,长远意义上也有利于瑶区社会经济文化事业的发展,有其值得大胆肯定的一面,但是善后政策背后隐藏的进行民族同化、消弭斗争的真实目的,则是我们要提出批判的。     

论我国少数民族地区的犯罪矫正

我国复杂的民族状况决定了对我国少数民族地区犯罪进行矫正的特殊性及难度,对于少数民族地区的犯罪矫正既要考虑到国家法律的一元性,也要考虑到民族民间文化为犯罪矫正提供的多元化进路。不论是精神性矫正模式、社区性矫正模式还是正式性矫正模式．都需要针对少数民族同胞设计具有民族特点的犯罪矫正机制,使犯罪矫正工作在我国的少数民族地区获得更高的质量。     

Legitimacy,citizenship and state redress

This article explores how state redress programmes work to legitimate the state. The primary thesis concerns how state redress aims to restructure citizenship identity. This restructuring enables civic identification by victims of state wrongdoing which in turn enables greater legitimacy. Consequently, redress constitutes a movement by the state from lesser to greater legitimacy. The article illustrates the legitimating thesis by examining two Canadian responses to state wrongdoing with regard to indigenous peoples, Gathering Strength (1998) and the Indian Residential Schools Settlement Agreement (Indian Residential Schools Adjudication Secretariat). This context provides material for contrasting the legitimating thesis with a competing approach – redress as ‘therapy’.     

关于股东知情权及司法救济——从一起案例说起

股东权利的维护是现代企业制度的重点内容。股东知情权是股东权力体系申其他权利的基础和前提，也是保障股东对公司业务监督纠正权得以有效行使的必要前提和手段。中国《公司法》第34条第一款明确规定：“股东有权查阅复制公司章程、股东会议记录、董事会会议决议、监事会会议决议和财务会计报告。”在法律实践申如何有效维护股东知情权，以及当股东知情权受到侵害时如何进行司法救济，使股东知情权制度真正实现其法律价值，是本文重点讨论的问题。