中国公司法之构造缺陷及克服

作者认为 ,中国公司法在实践中存在以下缺陷 :有限公司与股份公司的组织机构之间区别模糊、国有独资公司定位不当、股份公司之董事会缺少有效约束、监事会的监督职能虚拟化以及对关联公司以及公司集团的约束不力。为更好地发挥公司在市场经济中的作用 ,实有改革有限公司制度以及重新塑造股份公司之董事会与监事会关系的必要。此外 ,还应当增加对关联公司与公司集团的法律规定。     

Population genetic data for 18 STR loci in Costa Rica

Allele frequencies for 18 STR autosomal loci (D3S1358, VWA, FGA, D8S1179, D21S11, D18S51, D5S818, D13S317, D7S820, D16S539, TH01, TPOX, CSF1PO, Penta D, Penta E, D19S433, D2S1338 and SE33) were obtained from a sample of 191-500 unrelated individuals from Costa Rica, Central America.     

论弱势群体的宪法权利及其保护

从宪法学视角看,"弱势群体"系"制度保护不足的宪法权利主体",其宪法权利体系由"自由权"、"社会权"等实体性宪法权利与"请求保护权"等程序性宪法权利组成。弱势群体享有宪法上一般权利主体和特殊权利主体之双重地位,由此而可能发生的"权利竞合"与"权利冲突"现象,须借鉴域外宪法学原理,而透过法律条款作妥适之处理。弱势群体之宪法权利可经由立法路径转化为法律法规上之具体权利,亦可通过"合宪性解释"方式经由"行政保护"与"司法保护"两种路径而予以实现。     

城市化视野下的少数民族传统文化与民族意识--以广西百色市壮族为例

城市化对我国少数民族传统文化和民族意识的发展的影响主要有两种可能一是少数民族文化与汉族文化之间的差异缩小,少数民族传统文化逐渐消失,民族意识弱化;二是少数民族传统文化继续发展,民族意识增强.无论怎样的发展趋势,都将影响到我国民族关系的发展走向.     

Talking about radicalization

ABSTRACT

This article seeks to build a bridge between the criminological tradition of research on hard-to-reach groups and sensitive topics and the tradition of critical research on radicalization. As a result of the hard-to-reach character of so-called radicals themselves, the article analyzes interview experiences with ‘professionals’ working within the prevention of radicalization and other actors. This article discusses the experiences connected to the preparation and unfolding of the interviews on the sensitive topic of radicalization and illustrates how interviews and questions designed to gather knowledge about radicalization processes among Muslims in Denmark often became a discussion about the concept of radicalization itself. This article shows that making use of the concept of radicalization is problematic in interviews as it is embedded in the Danish political discourse on immigration, Muslims and Islam. This article reflects on researcher positionality and how being a white ethnic Danish researcher might have caused an underestimation of how problematic the concept is to people directly involved with it, and that speaking from such a researcher positionality also can make the concept of radicalization seem even more problematic.     

Resistant to Change? The European Commission and Expert Group Reform

This article examines how the European Commission has responded to external criticism and demands for the democratisation and reform of the way it uses expert groups in EU policy making. The article analyses the nature and character of the Commission’s dialogue with its critics and the degree and extent to which it was prepared to adapt its existing internal processes and procedures to the reform agenda. Recent theories inform us that organisations respond in different ways to external criticism and demands for reform, including full adaptation, evasion, institutional decoupling and reinterpretation. The main findings suggest that the Commission was not completely resistant to changing its approach to the use of expertise. The Commission reinterpreted its critics’ demands by introducing reforms that defused this external pressure, while protecting the effectiveness of its existing internal ideology and processes. These findings serve to enhance the Commission’s image as an increasingly normalised bureaucracy and reinforce the importance of knowledge and expertise as a key source of Commission legitimacy.     

Competition and solidarity: union members and immigration in Europe

This article addresses an understudied question in the comparative political economy of migration. How have trade unions shaped the attitudes of their members toward immigration? Unions are at the core of left-wing politics in most European countries, and support for immigration is usually a left-wing position. However, many of the core constituents of unions are those whose interests are most likely to be adversely affected by an increase in the supply of labour. The article shows that the pattern of European trade union leaders becoming supportive of open immigration policies has solidified over the past decade. It then provides evidence that this rhetoric has shaped the attitudes of union members and that the effect has become stronger over time. Finally, it shows that the effect is robust to the exclusion of countries where self-selection into unions on the basis of ideology is likely to be strongest.     

Who’s in favour? Same-sex union laws in parliament

The article analyses which parties support registered partnership and same-sex marriage bills in parliament in Western Europe. Existing comparative research indicates that left parties back same-sex union laws. This article shows that support is not limited to the left camp. Liberal and even Christian democratic parties have expressed above-average support as well, albeit with certain exceptions. The chief opponents of same-sex union laws are Protestant parties and the parties of the far right; in terms of numbers, however, both are largely insignificant. Far more relevant for these laws’ chances of success are the positions of the large parties at the centre and at the right of the political spectrum. The analysis reveals considerable inter-country differences in these parties’ attitudes, which can be explained to a large extent with the two-worlds-of-morality-politics distinction introduced by Engeli, Green-Pedersen and Larsen: countries in which centre and right parties continue to oppose same-sex union laws are part of the religious world, with the exception of France. The results for France indicate a need for further research.     

In need of a cultural shift to promote restorative justice in Southern Europe

The article describes the main results of a European project on restorative justice (RJ) called Freedom Wings (FW) and presents a new model to promote RJ in Southern Europe, which was developed from FW findings. The principal mission of the FW project is to disseminate best practices of RJ within a transnational network and to promote community participation in conflict prevention and resolution, in order to support individual and social well-being. This paper presents the main findings of multiagency and professional focus groups exploring restorative approaches and community justice. Observation of experts’ social representation of RJ helped the authors to understand the operation of the justice systems in each country and the attitudes of senior officials towards implementing restorative practices in a way that actively involves the community. The analysis shows the necessity of a cultural change in order to switch from a form of RJ managed by the judicial system to one led by the community. The EU project enabled the research team to theorize a model for promoting a relational and restorative community.