论股东新股认购优先权的法律完善

在现代日益激烈的市场竞争中 ,股份公司欲在竞争中取胜 ,必须依靠源源不断的资金来源 ,在资金来源渠道中 ,发行新股充分发挥了股份制度聚沙成塔的功能 ,降低了公司成本与经营风险。如果在发行新股时不赋予原有股东以新股认购优先权 ,那么 ,在公司向第三人发行新股时 ,原有股东在公司原有资本总额中所占的持股比例必然萎缩 ,损害了原股东的权益 ,我国公司法应该完善此项权利的规定     

Franz Böhm and the suggestive force of the undefined

Franz Böhm is seen as a cofounder of the Freiburg School of economists and of neoliberalism. As a member of the German Bundestag his influence was strongest on the development of German competition policy. Böhm's writings are widely read and quoted. Even today they are regarded as the obligatory foundation on which economic and systems policy is built. Analysis of his opinions and comparison with other neoliberal views—for example, those of Walter Eucken and Ludwig Erhard—do, however, reveal major differences of opinion. A good number of Böhm's opinions are now practically taken for granted as being the basis of economic policy. Yet taken in the context of strict market economics, some are not in any way acceptable.     

Reflections of the Evolving Concept of 'Private Policing'

Once popular state-centred political frameworks, while declining in popularity on many normative agendas, nevertheless continue to guide how we think about and examine policing. Early studies into the private policing phenomenon have thereby focused upon the formal paid private security sector, a set of agencies which do not depart too radically in appearance from traditional public police services. More recent empirical studies have yielded data inconsistent with the established conceptual frameworks. Theorists have been assembling these data into alternate ways of thinking about collective life, which may have profound implications for the ways in which to choose to govern in the future. Further research addressing developments in networked nodal governance may be suggestive of progressive alternatives.     

罪错少年分级干预的体系化思考

我国《预防未成年人犯罪法》确立了罪错少年分级干预的基本框架,因此有必要对分级干预的基本理论问题,以及制度体系建构做一整体性思考。本文首先从分级干预的必要性、可行性及其总体格局的历史形成这三个方面回答了为什么要对罪错少年进行分级干预;其次,对罪错少年分级干预的原则、根据、措施等基本问题进行了分析;再次,从法律制度和相关机制的完善视角对分级干预制度体系化建构提出了建议。     

Gender as Survival: Women's Experiences of Deportation from Romania to the Soviet Union, 1945–1950

This paper offers hypotheses on the role that state social welfare measures can play in reflecting nationalism and in aggravating interethnic tensions. Social welfare is often overlooked in theoretical literature on nationalism, because of the widespread assumption that the welfare state promotes social cohesion. However, social welfare systems may face contradictions between the goal of promoting universal access to all citizens on the one hand, and social pressures to recognize particular groups in distinct ways on the other. Examples from the post-Soviet context (particularly Russia) are offered to illustrate the ways in which social welfare issues may be perceived as having ethnic connotations.     

程序主义法律范式:哈贝马斯解决法律合法性问题的一个尝试

通过对古典“资产阶级形式法”与当代“福利国家实质法”两大主流法律范式的分析、解剖,哈贝马斯指出,在当前社会条件下,法的合法性问题的解决,必须用交往理性取代传统的实践理性。在交往行动理论的基础上,通过一个合理的民主程序即沟通程序的建构,建立起平等自由的对话空间,通过平等的交往对话,实现法的事实性与有效性的统一。     

Generating and using evidence to guide public policy and practice: Lessons from the Campbell Test-bed Project

This paper offers lessons from a three-year Test-bed project that tested systematic review practices developed by the Campbell Collaboration and the Cochrane Collaboration. Under the Test-bed project 14 systematic reviews were completed of interventions in crime prevention, social welfare, and education. (References to the products of these test-bed reviews are included in the reference list, preceded by an asterisk). Building on this experience, the authors recommend structuring future reviews around well-defined review topics more explicitly focused on particular interventions, and constraining literature search to evaluations of relevant interventions. Reviewers should analyze and report findings from RCTs separately from non-RCT studies and report on impact estimates in natural units, instead of relying solely on effect size metrics. Further, reviewers should report intent-to-treat estimates as the causally valid outcomes from RCTs. Analyses of impacts for treated sub-groups should be reported as non-experimental findings. More attention should be given to the minimum detectable effect a study can support, as well as any information on the possible costs and benefits of the intervention. Pooling results from studies of disparate interventions, populations, and contexts is not recommended. Meta-analysis should be reserved for homogeneous clusters of interventions studies. Forest plots are helpful for presenting study findings and confidence limits. However, simple bar charts preserve important information on the base levels for the outcomes. Finally reviewers should define a priori the minimum data set or required elements that allow study inclusion, and use this information systematically in making decisions about what evidence to admit into the review.     

Social Classes and the Neo-Liberal Poverty Regime in Turkey, 2002–2011

The Justice and Development Party (or AKP) era in Turkey has witnessed the emergence of a new welfare regime resting on voluntary public and private transfers. This system has been replacing the former welfare system in which the right to social welfare benefits was constitutionally guaranteed. The new welfare system has tended to distribute transfers on a selective and unequal basis. This article analyses the size and effects of this system using a social class-based analytical framework. In explaining class structure in Turkey, we use the official Household Budget Survey database. The results indicate a massive process of proletarianisation has taken place. Our results indicate that the working classes have constituted the majority of the poor. In this environment, the shares of voluntary public and private transfers in the incomes of households have been rising. For some classes, like rural unemployed, urban unemployed and agricultural labourers, these transfers have captured a very high share of the incomes. These transfers have also been distributed very unequally. Their share in the central budget has also been rising. All these point to the emergence of a new neo-liberal welfare (poverty) regime as part of a new labour control regime.     

CHALLENGES FACING CROSSOVER YOUTH: AN EXAMINATION OF JUVENILE‐JUSTICE DECISION MAKING AND RECIDIVISM

Although a substantial amount of research documents the increased likelihood of maltreated youths to engage in delinquency, very little is known about them once they cross into delinquency. These youths are often referred to as “crossover youth,”“dual jurisdiction,” or “dually involved” youth, and based on a growing amount of research, it appears these youths face a number of challenges. They have significant educational problems, high rates of placement changes and high rates of substance abuse and mental health problems, and when they enter the juvenile justice system, they are more likely to stay longer and penetrate deeper into the system then their nonmaltreated counterparts. Using data from Los Angeles County (N= 581), the purpose of this study is to identify what characteristics among a crossover population are more likely to result in receiving harsher dispositions and higher recidivism rates.     

Thoughts on Juvenile Justice Systems and Research

This article updates comments published in this journal in 1994 about the nature of the American juvenile justice system, which laid out reasons that it might not serve as a useful model for other nations. Since that time, the US system has moved further right towards the justice model and away from the welfare model. Individualistic philosophies and political conservatism have combined to produce a more adult-like and punitive juvenile system, applied to increasing numbers of minors and to increasingly younger minors. Successful demonstrations of community absorption or treatment have been too few to balance the rightward direction. European scholars are urged to undertake increased studies in two critical areas: (1) the nature, functions, and comparative differences in their juvenile justice systems, and (2) the nature of local communities and their contributions to patterns of delinquency.