高管薪酬规范与法律的有限干预

The determination of corporate executive compensation is a kind of affiliated transactions including special conflicts of interest in the company. The regulation of executive compensation by law is extremely necessary but plays a limited role, and the scope and mode of such role are specific. The due process and information disclosure system in determining executive compensation prescribed in company law and securities law, the policy guidance of the tax legal regime, and the active and prudential judicial review are the three aspects of the regulation of executive compensation by law, the common goal of which is to ensure and enhance the correlation between executive compensation and corporate performance, i.e., the realization of the principle of “performance-based compensation.” Li Jianwei, Ph. D, is an associate professor of law at China University of Political Science and Law, and a visiting scholar at Faculty of Law, University of New South Wales, Australia. His major research is in corporate law, corporate governance and corporate management system, and his major works include: Corporate Law (RUC Press, 2008), Legal Regulation on Affiliated Transaction (Law Press, 2007), The Role of Law in Corporate Management (People’s Court Press, 2005), A Research on Independent Director System (RUC Press, 2004), A Research on the State-owned Exclusive Company (Law Press, 2002). Moreover, he has more than 30 articles released in core academic journals.     

论有限责任公司债权人权利的回归

The contingent governance theory based on state-contingent ownership has exerted an important impact on economic academia, and its application in the field of company law is also of significant value. The lack of internal restraint mechanism and public supervision of limited liability companies makes it feasible to implement contingent governance. Under the mechanism of contingent governance, creditors of a limited liability company may intervene in its governance. The right of intervention is mainly reflected in three aspects, i.e., (1) mandatory debt-for-equity swap, (2) obligation of the actual controller to creditors when the limited liability company is on the edge of insolvency, and (3) creditor’s right of objection with respect to the decision of corporate substantial business. Ding Guangyu, Ph.D in civil and commercial law, works in the Chinese Institute of Applied Jurisprudence of the Supreme Court of China. His publications include Introduction of Chinese Labor Law: Cases and Materials (China Legal Publishing House, 2008), Tracing the right of creditors in LLC: From the perspective of contingent governance theory (Studies in Law and Business, 2008.2), Judicial Discretion and the Rule (Legal Daily, 2007-4-20), Uniform of Legal Application (Legal Daily, 2006-12-9).     

刍议大学生科研能力培养与综合素质的提高

大学生参加科研实践是培养高素质、高质量人才的重要手段和有效途径,其作用和意义在高等教育阶段应得到充分认识和重视。本文着重从学习能力的增强、创新能力的培养和综合素养的全面提升三个方面,探讨大学生科研能力培养对提高大学生综合素质的重要作用。     

Cross-national differences in female offending and criminal justice processing

The purpose of this study is to assess whether four key theoretical perspectives on female criminality—emancipation, economic marginalisation, net-widening, and modernisation—explain female representation in the criminal justice system equally well for both developed and developing countries and to assess whether the same factors that can explain women’s levels of criminal offending can also explain their representation in subsequent stages of criminal justice processing. Analyzing pooled data for 37 highly developed and 38 less developed countries from 2003 to 2013, the results provide support for modernisation, emancipation, and net-widening theories, but not for economic marginalisation theory. Emancipation and net-widening theories have more explanatory power for more developed countries than less and they can explain women’s representation at different levels of criminal justice processing.     

Police use of body worn cameras

This article gives an overview of police use of body-worn cameras (BWCs). In doing so it explores the widespread adoption of BWC technology around the world and shows how different jurisdictions are adopting the cameras for a variety of uses. Next, the review examines the empirical research of BWCs and assesses the perceived benefits and concerns of the technology. The article then examines a case study of police use of BWCs in Canada. Politicians and civil rights groups have called on police in Canada to adopt BWCs to improve accountability, but little movement has been made in this direction. The article identifies several reasons why police have been slow to adopt the technology in Canada despite public demand and the widespread deployment of the technology elsewhere. It concludes with suggestions for areas of future research.     

Addressing the mental healthcare needs of foster children: perspectives of stakeholders from the child welfare system

A qualitative study was conducted to better understand the factors that contribute to psychotropic medication (PM) overuse among children in the child welfare system in Kentucky, including barriers to providing psychosocial interventions that potentially minimize the need for PM. Semi-structured interviews were conducted with personnel in the Department of Community-Based Services (DCBS). Participants identified important areas to target for system-wide quality improvement efforts, which included improved exchange of health information, training, and communications on the use of PM, and measures to improve access to non-pharmacological psychosocial interventions to address the mental healthcare needs of children in the child welfare system.     

Developing an intervention to overcome procrastination

ABSTRACT

The main goal of this study was the development of a reliable intervention to overcome general procrastination orientated to college students, designed to be used in practical clinical work. The workshops involved six meetings based on behavioral and cognitive techniques, paradox intervention, and psychoeducation. 175 students participated voluntarily. Their procrastination levels were measured in a pretest, post-test, and a 3-month follow-up. After the first interview, the participants were randomly divided into three groups (Intervention A, Intervention B, and a control group with no intervention). There was a significant improvement after the intervention. After 3 months, the average score was still significantly lower than in the pretest, whereas the score of the control group remained unchanged. The participants in Workshop A scored significantly lower in the post-test than the ones in Workshop B. After 3 months, the participants in Workshop B scored significantly lower in the follow up. So both interventions resulted to be effective in reducing procrastination sustainably.     

Terrorist attacks targeting the police: the connection to foreign military presence

Terrorist attacks – suicide attacks in particular – targeting police have increased worldwide over the past decade in both number and relative to other targets. One plausible explanation for this is the presence of a foreign military on a country’s soil, which is theorized to increase terrorism in that country. Terrorist attacks targeting the police may be more likely in these countries because police typically are tasked with assisting the foreign military. The primary research question asks whether there is a relationship between foreign military presence and terrorist attacks on police. This is assessed using a cross-sectional sample of 82 countries, with data drawn from several sources between 1999 and 2008. Because the dependent variables – terrorist attacks targeting the police – are proportions, Tobit and Cragg’s double-hurdle analyses were used. Analyses were confirmed using zero-inflated negative binomial regression models, with the outcomes measured as counts. Foreign military presence significantly increased the proportion of suicide terrorist attacks targeting the police, terrorist attacks using any tactic targeting the police and fatal terrorist attacks targeting the police. Greater economic inequality, involvement in civil war and greater regional terrorism were related to the proportion of attacks targeting police, but each was inconsistent across the outcome measures. To avoid being viewed as an occupying force and, thus, to decrease the proportion and count of terrorist attacks targeting police, administrators and officers alike may wish to reflect on public perception of their image. Future research should expand the dependent variable to include additional target types and a longer time period.     

FOUR DECADES OF CRIMINAL LAW RESEARCH: PATHS OF DEVELOPMENT AND KNOWLEDGE TRANSFORMATION

The year 2018 marks the 40th anniversary of China’s reform and opening up. In these past four decades, research in Chinese criminal law has recovered, stabilized, and developed, before it reached a stage of prosperity. The approach to research in criminal law has shifted from being one-dimensional to being comprehensive. The law now focuses on diverse issues, as opposed to singular ones. The discourse has shifted from an issue-led approach to a more systemic one. The tools used to interpret the law have shifted from substantive ones to a combination of substance and formality. As a result, the number of studies has increased, and in-depth research has grown over time. In the future, research in criminal law will become more specialized and diversified. Researchers will promote consciousness further, broaden their horizons, and promote fruitful research in criminal law.