公司相互持股的法律问题探讨

两个或两个以上的公司,基于某种特定目的,互相持有对方公司发行的股份,称之为公司法人之间的相互持股。公司相互持股虽然在某种程度上可以促进规模经济的发展,但是它也会给现行法律带来许多制度构架和适用上的问题,涉及到公司法、证券法、反垄断法、税法、会计等诸多方面。世界各国或地区的法律大都对公司相互持股有所规制,以期尽可能减少公司相互持股对经济发展和法律制度的不利影响,而发挥其有利的一面。本文通过对我国现行立法的检讨,提出了对我国公司相互持股的立法完善之构思。     

A GOOD EXAMPLE OF PARENT ADVOCACY FOR RIGHTS IN INCLUSIVE EDUCATION IN CHINA

While children with disabilities experience exclusion and segregation in education, parents’ involvement has been very limited due to the lack of parent support in China. Negative attitudes toward disability in an environment deeply influenced by the individual model of disability thinking makes it crucial for parents to advocate for their children’s rights in inclusive education through collaborative and organized efforts. This article examines barriers obstructing disabled children’s rights in pursuing inclusive education, barriers parents face to advocate for their children, and the development of parent support. The author argues that equal and inclusive education for all has a broader social impact beyond disability rights to eliminate barriers and pursue dignity for all. In doing so, the author reveals existing structural inequalities facing inclusive education, encourages the momentum for future changes, and utilizes a good example of parent advocacy for a deeper and meaningful policy advancement to overcome discrimination on the basis of disability that causes segregation and exclusion in education. Recommendations include strategies for the construction of a support network for parents to play their important roles in advancing the rights of their disabled children in inclusive education.     

Parent and child reports of animal cruelty and their correlations with parent and child reports of child delinquency

ABSTRACT

The purpose of this study was to determine whether child and parent reports of animal cruelty in children correlated with child- and parent-reported delinquency in these same children. A group of 3397 children (1778 boys and 1619 girls; age?=?9 years) from the Fragile Families and Child Wellbeing sample [FFCW: Reichman, Teitler, Garfinkel, & McLanahan (2001). Fragile families: Sample and design. Children & Youth Services Review, 23, 303–326] served as participants in this study. The prevalence of animal cruelty as reported by the child (4.7%) and parent (3.0%) were both low and the zero-order correlation between the two estimates was non-significant, suggesting that they were measuring different constructs. A two-equation multiple regression analysis was conducted, controlling for child gender, domestic violence within the home, mother hitting/spanking, and father hitting/spanking. Findings indicated that parent-reported animal cruelty correlated significantly with child-reported delinquency, controlling for child reports of animal cruelty and the four control variables. Child-reported animal cruelty, however, failed to correlate with parent-reported delinquency, controlling for parental reports of animal cruelty and the four control variables. These results suggest that parental reports of animal cruelty may be more useful as indicators of delinquent involvement than child reports. Possible reasons for these findings are discussed.     

The Development of a Parent Support Group as a Means of Initiating Family Involvement in a Residential Program

SUMMARY

Working with the families of children in residential care is critical to the success of the placement. For a variety of reasons, parents of adolescents in one residential setting were not receiving adequate services during placement. A parent support and education group was designed and implemented to provide opportunities for parents to access support, learn new parenting skills and, ultimately, optimize their relationships with their children. The responses of both parents and staff to this program were favorable. The group is now a regular component of the organization's range of services, and served as a springboard to enhance family involvement in other program areas.     

Chapter 17: The Community as an Advocate for Youth:

State treatment foster care programs established by the National Youth Advocate Program are described in terms of youth served, homes established, treatment program, implementation problems, and evaluation procedures.     

ETHICAL, LEGAL, AND PROFESSIONAL PRACTICE ISSUES INVOLVED IN ACTING AS A PSYCHOLOGIST PARENT COORDINATOR IN CHILD CUSTODY CASES

The use of Psychologist Parent Coordinators in child custody cases (called Special Masters in California) is becoming increasingly prevalent across the country. This postdivorce parenting coordination role is a legal/psychological hybrid, demanding knowledge and skill in legal domains (legal procedure, relevant case law, etc.), psychological domains (child development, family systems, etc.), and dispute resolution (mediation and settlement processes). Situated in the interface of legal and psychological paradigms, Parent Coordination may be reviewed by multiple legal and psychological regulatory bodies. Coming from varying perspectives, the practice guidelines and mandates of these legal, ethical, and licensing agencies impose multiple standards of review of Parent Coordination. A brief overview of the legal and psychological review processes applicable to Special Master work in California, as they relate to common issues that confront the Parenting Coordinator across the country, is the focus of this article. They suggest that the current lack of coordination of review processes creates a minefield of professional risk for the psychologist who chooses to practice in this role.     

Parental Self-Efficacy and Bullying in Elementary School

This study investigated associations of general and specific parental self-efficacy factors with bullying and peer victimization behaviors among 142 fourth and fifth graders and their parents. Using structural equation modeling, exploratory factor analysis was used to examine one general parenting self-efficacy measure and a bullying-specific parent self-efficacy measure. The latter produced two unique factors: (a) self-efficacy to know when one’s child is bullied, and (b) self-efficacy to respond to one’s child being bullied. Child reports of bullying and peer victimization were simultaneously regressed on the three (i.e., one general and two specific) parent self-efficacy factors. Findings revealed that parental self-efficacy to know when one’s child is bullied was uniquely and negatively associated with both bullying and victimization. Additionally, and contrary to expectations, parental self-efficacy to respond when one’s child is being bullied was uniquely and positively associated with victimization.     

Breaking The Cycle Of Intergenerational Child Maltreatment: A Case For Active Efforts For Dependent Minor Parents And Their Children In State Custody

Dependent minor parents placed in foster care with their children often face significant hurdles. These parents are responsible to make caregiving decisions for their children, while they themselves fall under the caregiving responsibility of the state child welfare system. As such, dependent minor parents live in a “twilight zone” – they hold full parental rights, but limited rights as teenagers. For a number of reasons, the children of minor parents in foster care often come into state custody. When two generations are in foster care at the same time, states must balance the safety and best interests of the children with the rights of minor parents to care for their own children. Currently, the state child welfare system is only required to provide “reasonable efforts” to reunify parents with children when they have been removed from their care for abuse, neglect, or dependency. However, dependent minor parents in state custody often require more supportive services in order to successfully reunify with their children than in a typical child welfare case. This article places the circumstance just described in the context of dependent minor parents’ constitutionally protected rights, and advocates for a higher standard which would require states to provide “active efforts” to protect and preserve these young families.     

Subject Index

No abstract available for this article.