交易制度改革语境下协议转让功能及其构造

协议转让是以意思自治为本质之资本市场重要证券交易制度,其具有制度生成功能、完善公司治理功能、社会资源整合和配置优化功能、全球化和市场化背景下的经济品质提升和制度发展促进功能.由于我国证券法制的局限和国家政策因素影响,协议转让规则体系存在很大局限性,制度供给不足,违反了平等性要求,法律规定不足和市场机制缺陷交织.这都制约着协议转让功能的发挥.未来要以金融市场化为基础,贯彻利益平衡原则和效率原则,建立符合中国国情和国际法治要求的协议转让制度.     

The Legal Situation on Stalking among the European Member States

Stalking became a subject of academic and social concern in Europe in the mid-1990s. Shortly afterwards the issue of legislation became the subject of debate in some countries and in 1997 the United Kingdom was the first European Member State that passed anti-stalking legislation. Denmark constitutes an exception because its Criminal Code of 1933 contains a provision which also deals with stalking. Other States that up to now have passed legislation against stalking in Europe are Belgium, the Netherlands, Germany, Malta, Ireland, Austria and, last in order of time, Italy. Where an anti-stalking law exists, legislators have introduced a new article into the existing Penal Code or have amended an article still in force for similar conduct, or have introduced a specific Act against Harassment or Domestic Violence which is intended to cover not only such conduct but also stalking. In the remaining European countries where an anti- stalking law does not exist, it is possible to prosecute stalking only when the behaviour amounts to crimes prosecutable under other existing norms. This article analyses legal regulations on stalking across European Member States in civil and criminal justice considering specific laws addressing the phenomenon or, alternatively, other laws under which stalking can be prosecuted. In the conclusions some advantages and disadvantages of European anti-stalking laws are discussed and some suggestions are given for future work in order to improve the protection of the victims of stalking.     

商业银行理财产品若干法律问题探讨

在当前的金融危机中,商业银行理财业务中出现了越来越多的法律纠纷,急需对当事人之间的权利义务和责任风险进行明确划分和适当分配。从法学的角度来看,商业银行理财产品可以分为四类,其中最重要的是非保本浮动收益理财产品,该产品的各方当事人之间是一种信托法律关系。对理财产品应实行"监管分业,产品混业"的管理制度,理财产品的品种不宜过多,应推出标准化的理财产品。银行在理财合同中设定的终止区间,侵害了投资者的合法权益,应认定是无效的。在理财产品的质押问题上,应通过行政法规来弥补《物权法》的不足。在理财产品的诉讼中,只有在银行有过失的情况下,才对理财产品的亏损承担赔偿责任。我国应修改《商业银行法》,将理财业务纳入该法的调整范围。     

国际税收协定与国内税法关系探讨——以受控外国公司税制为视角

长期以来,国际税收协定与国内反避税法的关系问题一直存在争议。一般认为,税收协定优于国内税法;但是,为了防止纳税人滥用税收协定进行避税,该原则也不应绝对化。受控外国公司税制作为一种重要的反避税措施,也产生了与税收协定的兼容性问题。从欧盟国家的实践来看,观点并不一致。但2003年OECD范本注释明确规定,两者是兼容的。由于我国在新的企业所得税中规定了该项税制,因此,解决两者的兼容性也是必须面对的问题。同时,在《宪法》没有对条约在国内法中地位进行规定之前,我国《企业所得税法》第58条应得到完善。     

船舶民间融资方式、法律保障及相关对策

结合中国民间资金投入船舶业的现状,分析民间融资中相关问题,为政府鼓励、支持民间资金对中国船舶业的支持作用提出若干建议。     

“2009年海洋污染责任与政策国际研讨会”综述

2009年6月4—5日,海洋污染责任与政策国际研讨会在大连召开。会议就海洋污染刑事责任、海洋污染民事责任、海洋污染典型案例研究以及国际公约的实施四大议题进行探讨与交流。     

Why are the French so different from the Germans? Underpricing of IPOs on the Euro New Markets

We study the underpricing of firms listed on the two largest EuroNM stock exchanges, the Neuer Markt of Germany and the Nouveau Marché of France. We find that the high underpricing in these two markets – contrary to the evidence on the US – is not driven by insiders’ selling behaviour. However, the large underpricing is caused by the high degree of riskiness of the issuing firms and by the partial adjustment phenomenon of offer prices to compensate institutional investors for the truthful revelation of their demand for the shares. For France, lock-up agreements act as substitutes to underpricing, but not so for Germany. We also explore the reasons for the large difference in underpricing between the German and the French IPOs: German firms are more underpriced because they are riskier, have larger price revisions, have less stringent VC lock-up contracts, and go public mostly during the hot issue period when the general level of underpricing in all IPO markets is substantially higher.     

基于工作过程系统化的企业财务会计课程设计

为了加强会计专业学生的实践技能,改革人才培养模式,满足职业教育教学的需要,本研究针对当前高职高专会计专业学生的特点,以会计专业主干课程企业财务会计为主体,以会计过程的工作任务为导向,实施教、学、做一体化的实践课程体系,重点突出能力培养。通过工作任务驱动法,提升学生的综合能力,进一步深化教学改革。     

Blame shifting and blame obfuscation: The blame avoidance effects of delegation in the European Union

The delegation of governance tasks to third parties is generally assumed to help governments to avoid blame once policies become contested. International organizations, including the European Union (EU), are considered particularly opportune in this regard. The literature lacks assessments of the blame avoidance effects of delegation, let alone of the effects of different delegation designs. To address this gap in the literature, we study public blame attributions in the media coverage of two contested EU policies during the financial crisis and the migration crisis. We show that the blame avoidance effect of delegation depends on the delegation design: When agents are independent (dependent) of government control, we observe lower (higher) shares of public blame attributions targeting the government (blame shifting effect), and when agents are external (internal) to the government apparatus, overall public blame attributions for a contested policy will be less (more) frequent (blame obfuscation effect). Our findings yield important normative implications for how to maintain governments’ accountability once they have delegated governance tasks to third parties.     

Narrative dynamics in European Commission AI policy—Sensemaking,agency construction,and anchoring

Artificial Intelligence (AI) is arguably one of the most powerful and disruptive technologies of our times which may pose challenges as well as opportunities to contemporary political organizations. Studying AI from a lens of perceived uncertainty, this article studies the policy response of the European Commission toward this fast-paced emerging technology. By empirically focusing on the Commission's policy process from start to end, from initial communication to concrete proposal, the article shows how different types of narratives are used to construct the new policy area of AI policy. A novel theoretical framework is constructed building on a combination of narrative organizational studies and narrative policy studies, displaying how narratives play a key role in organizational sensemaking, agency construction and anchoring. The paper finds that the Commission broadly makes sense of AI technologies with a future-oriented discourse, establishes agency to existing and new forms of political organizing and anchors the policy response within the overarching frame of the EU single market policy. The main contribution of the paper is that it shows how political organizations settles uncertainty through narratives and sketches a way forward through establishing policy goals and anchoring them within pre-existing lines of political mobilization.