投资基金持有人派生诉讼制度比较法研究

投资基金组织一体化程度弱，基金持有人权益易受侵害。本文尝试将公司法中的股东派生诉讼制度移植到投资基金领域，构建投资基金持有人派生诉讼制度，为保护基金投资者合法权益另辟一条蹊径。美国特拉华州于1998年率先在企业信托中创建了派生诉讼制度，契约型投资基金就是企业信托的主要组织形式。从比较法角度出发，借鉴关国特拉华州立法先例，同时辩证借鉴公司股东派生诉讼制度的立法经验，将有利于构建符合我国国情的投资基金持有人派生诉讼制度。     

Does China’s middle class prefer (liberal) democracy?

Many surveys show that China’s political regime, under the Chinese Communist Party’s authoritarian rules, enjoys a high level of public support. However, it is still uncertain whether China’s emerging middle class will become the “agent of democratization” as suggested by modernization theory. Using the data of Asian Barometer Survey conducted in China in 2011, this article demonstrates that the relationship between class identity and preference for liberal democracy in China may be inverted U-shaped. The Chinese middle class shows a higher preference to features of liberal democratic regimes than its counterparts of the lower- and upper-class. Members of the Chinese middle class also tend to regard democracy as the best form of government. Thus, the middle class has the potential to initiate democratization in China if the Chinese government fails to keep satisfying the middle class’ quest for economic well-being and protection of property rights.     

Nationale und globale Ungleichheit

The impact of globalization on the structure of social inequality is controversial discussed in actual debates. The national focused research is challenged by globalists. The article concentrates on the problem of order and shows how this is solved by the national structures of social inequality. In the next step the reasons for and against the national solution are presented. Finally the possibility of transnational constituting structures of social inequality is examined. How probable is the structuration of global inequality if basic elements of order are missing on this level?     

Regionalisierung und Dezentralisierung in Mittel- und Südosteuropa 1997–2007

The review essay takes stock of the last decade of decentralisation and regionalisation research in Central and South Eastern Europe. Classifying the existing scholarship with regard to its focus of analysis, its explanatory programme, and methodological predilections, we suggest to distinguish three different agendas: system transformation, EU conditionality and subnational governance. We argue that scholarly interest in regionalisation and decentralisation issues from the perspective of state transformation or Europeanisation is vanishing. Instead, we witness the emergence of a subnational governance approach which is rooted in comparative politics and policy analysis. The debate about decentralisation and regionalisation in CEEC is thus in a process of “normalising” and converging with the Western European subnational political discourse.     

论共同过失犯罪

共同过失犯罪是指负有共同平等注意义务的二个以上的行为人，由于共同的不注意，共同实施或者促成了违反共同注意义务的行为，造成危害结果发生的一种共同犯罪形态。共同过失犯罪是共同犯罪的一种客观存在形态。不能因为刑事立法的规定和传统刑法理论就否定其存在的价值，而将其排除在共同犯罪之外。在具体司法实践中在确定共同过失犯罪的刑事责任时应该考虑过失程度、行为人所处的地位和行为与结果发生的原因力的大小。     

Signaling virtue: voluntary accountability programs among nonprofit organizations

This article examines the structure of nonprofit voluntary accountability and standard-setting programs, arguing that these programs can be understood as collective action institutions designed to address information asymmetries between nonprofits and their stakeholders. Club theory and the economics of certification suggest that such programs have the potential to provide a signal of quality by setting high standards and fees and rigorously verifying compliance. Such mechanisms can signal quality because higher participation costs may allow only high-quality organizations to join. The article examines the implications of signaling theory using an original dataset on the structure of 32 nonprofit accountability programs across the globe. While many programs set high standards for compliance, the key distinction between strong and weak programs is the use of disclosure or verification mechanisms to enforce compliance. Contrary to theoretical expectations, compliance standards and verification do not appear to be substitutes in creating stronger voluntary programs.

公安院校在校内进行民事诉讼技能训练的几点思考——以民事诉讼的一审阶段诉讼技能培训为例

在公安院校进行民事诉讼技能训练的各种方式中，采用实际案例进行训练更适应公安院校当前的教育实践环境。在校内进行民事诉讼的一审阶段诉讼训练的内容包括证据准备的训练、法庭质证阶段的训练、焦点问题总结的训练、辩论阶段的技能和最后陈述的技能等。     

Labor radicalism and the local politics of Chinese exclusion: Mayor Jacob Weisbach and the Tacoma Chinese expulsion of 1885

ABSTRACT

The 1885 Chinese expulsion from Tacoma, Washington Territory highlights the importance of local political economy in shaping how a wider anti-Chinese movement played out in a particular community. Tacoma was a newly emerging city where white residents felt the threat of corporate domination in the form of the Northern Pacific Railroad. In this context, the city’s German immigrant mayor, Jacob Weisbach, could draw upon his longstanding labor radicalism to mobilize a broad anti-Chinese coalition that blurred the divide between white workers and the local business class. The result was the forceful removal of Chinese residents following a year-long campaign that culminated in mob action and became known as the ‘Tacoma Method’. This local violence in turn fed into ongoing national efforts to secure Chinese exclusion. Tacoma’s Chinese expulsion illustrates how radical labor traditions could be turned, under particular conditions, to the politics of racial repression even as the proponents of expulsion framed their efforts in terms of an egalitarian and democratic agenda. The participation of the Knights of Labor and other labor radicals in a politics exemplified by the Tacoma Method was accordingly tied to the larger racialized American state-building project as it unfolded in the late 19th Century.     

论宏观调控与政府经济行为的契合

政府经济行为在现代社会大量存在,应当接受宏观调控法的约束。政权体系中的调控部门对其他部门经济行为的调控并不违反基本法理。只有承认各个部门的独立利益及行为选择,才更有助于宏观调控措施发挥作用。     

Die Deutschen und die Türkeifrage: eine Analyse der Einstellungen zum Antrag der Türkei auf Mitgliedschaft in der Europäischen Union

In this paper, I examine the sources of support for Turkey’s EU-entry in the German public. I propose several models and explore their respective empirical validity using survey data gathered in May and June 2005. The analysis shows that neither trust in the federal government nor evaluations of the EU institutions play a role in attitudes toward Turkey’s bid for membership. By contrast, attitudes towards this issue are considerably affected by preferences about EU enlargement and, more strongly, by beliefs about whether Turkey at least partly belongs to Europe. Likewise, when forming attitudes towards Turkey’s bid for EU membership, Germans appear to consider the presumed consequences of including Turkey in the EU. Both East and West Germans are particularly likely to take consequences for regional security into account. The paper concludes with a discussion of several implications for German public opinion on this EU issue.