论表决权信托——以小股东利益保护为背景展开的研究

公司控制权的存在,使控制股东可获得大于其股权比例的收益,转移、减少其相应的风险,实现其利益的最大化。表决权是争夺控制权的基本工具,中小股东的表决权往往只是一种抽象的存在,在控制权争夺中其表决权的作用不能充分实现,其利益容易受到损害。表决权信托通过对表决权的重新安排,为中小股东利益保护提供了一个较好的外部机制。     

村民选举中的制度困境及出路

村民选举是村民之间各种利益的博弈过程,由于政治市场固有的内在缺陷及各种非理性因素的影响,使得这一过程并没有产生国家与村民所预期的理性结果。因此,国家在宏观上提供矫正这些非理性结果的机制时,也有待于村民公共意识的提高。     

“For They Knew What They Did” – What Swiss Voters Did (Not) Know About The Mass Immigration Initiative

After the vote of 9 February 2014, many attributed the surprising result to voter ignorance. The basic claim was that the majority of those voting in favour of the initiative possessed only a weak understanding of what the likely outcome(s) would be if their choice prevailed. However, the analysis of the voters' knowledge level shows that they were comparably well aware of what the proposal at hand was about. Moreover, most voters voted their true preferences. They were also well aware about the possible economic ramifications acceptance could have for the relationship between Switzerland and the European Union and they were willing to take the risk. However, what should give the initiative's opponents a glimmer of hope is the fact that a majority believed that the principle of free movement would somehow be negotiable. Given the ongoing refusal of the EU to renegotiate that principle, these voters might have become less confident about its negotiability than they were before the vote.     

Voter Engagement,Electoral Inequality and First‐Time Compulsory Voting

This paper reviews the problem of declining turnout and proposes as a solution a system whereby each elector would be legally obliged to vote in the first election for which they were eligible. Popular attitudes toward first‐time compulsory voting are measured and probed by means of UK data. The main findings of the paper are that first‐time compulsory voting is a politically and administratively feasible proposal that appears tentatively to command popular support and has the potential to help address a number of the problems associated with declining turnout, and in particular low rates of electoral participation among younger citizens.     

It’s Not the Media,Stupid

It is commonly believed that the general public is heavily dependent on the media for its political news and views and that, as a consequence, the media exercise a strong influence over public opinion and behaviour. However, many millions in the Western world strongly believe things that are barely ever mentioned in the mainstream media, just as many millions also firmly reject or ignore some of the messages that are repeated incessantly by them. This confirms sixty years of experimental psychology research showing that most individuals are capable of preserving their beliefs, even in the face of overwhelming evidence, argument and logic to the contrary. Consistent with this, political science research finds little evidence of strong media influence on the party voting, political attitudes and election agendas of citizens. They have their own ways of gathering political information about the world around them, and they do not necessarily believe what they read in the papers, unless they are so inclined to start with. Consequently, media influences on mass opinion and behaviour are weaker than commonly assumed and, such as they are, their effects are more beneficial than harmful for democracy.     

Resurgent Remain and a Rebooted Revolt on the Right: Exploring the 2019 European Parliament Elections in the United Kingdom

The 2019 European Parliament (EP) election took place against the backdrop of the vote for Brexit and the failure of Parliament to agree on a withdrawal agreement. Nigel Farage’s new Brexit Party topped the poll and the pro‐Remain Liberal Democrats, which called for a second referendum on EU membership, returned from electoral obscurity to take second place, while other pro‐Remain parties similarly performed well. In sharp contrast, the two main parties, Labour and the Conservatives, recorded their lowest combined vote share since they became the main representatives of the two‐party system. In this article, we draw on aggregate‐level data to explore what happened at the 2019 EP election in Great Britain. Our evidence suggests Labour suffered from a ‘pincer movement’, losing support in its mainly white, working class ‘left behind’ heartlands but also in younger cosmopolitan areas where Labour had polled strongly at the 2017 general election. Support for the new Brexit Party increased more significantly in ‘left behind’ communities, which had given strong support to Leave at the 2016 referendum, suggesting that national populists capitalised on Labour’s woes. The Conservatives haemorrhaged support in affluent, older retirement areas but largely at the expense of the resurgent Liberal Democrats, with the latter surging in Remain areas and where the Conservatives are traditionally strong, though not in areas with younger electorates where the party made so much ground prior to the 2010–2015 coalition government. Lastly, turnout increased overall compared with 2014, but individuals living in Leave areas were less motivated to vote. Overall, our findings suggest that those living in Remain areas were more driven to express their discontent with the Brexit process and more inclined to support parties that offer a second referendum on Britain’s EU membership.     

Signalling issue salience: Explaining niche party support in second-order elections

Why do many mainstream party voters switch to voting for niche parties in second-order elections? I develop a simple framework to explain niche party switching in second-order elections and propose that some voters defect strategically to niche parties as a way to signal the salience of an otherwise overlooked issue to their preferred mainstream party. Using panel data from the United Kingdom and Germany, I find that vote switching in second-order elections is more common among those who perceive a mismatch between the party they feel close to and the party perceived as best able to handle an issue of importance to them, as well as when they believe less is at stake and when they place much importance on an overlooked issue.     

刍析表决权信托客体——表决权抑或股权

表决权信托对于保护中小股东,维持股权结构,职工持股等方面都有很大的意义,其在我国的理论研究和实践方面也正广泛地展开。然而对于表决权信托的客体研究却众说纷纭,这种理论上的模糊不清导致对于表决权信托的研究始终处于一种表面的状态。文章旨在对表决权信托客体的各类学说进行梳理和纠错。从信托基本制度入手,以分析委托人和受托人之间的权利义务为主线,辅之于我国现实生活中的表决权信托实例,最终揭示出表决权信托的客体是股权这一论点。     

国际金融组织投票权分配制度探析

国际金融组织的投票权分配制度是一种基本投票权和加权投票权相结合的加权表决制度,它存在许多问题.应当赋予发展中国家更多的投票权;增加基本票在总投票权中的比重;采用集团投票制;各组织有独立的份额分配公式,选择合理的参数和权重,改进GDP的计算方法.     

Treating Voters as an Afterthought? The Legacies of a Decade of Electoral Modernisation in the United Kingdom

Over the past decade, the UK's New Labour government has been at the forefront of efforts internationally to modernise electoral procedures, promising to deliver 'an e-enabled, multi-channel general election by 2006'. This paper considers the origins and the impacts of reforms to UK electoral procedures with a particular focus on the adoption of postal voting on demand and pilots of electronic voting and counting since 2000. The paper concludes that the principal legacy of the modernisation agenda to date is likely to have been a negative impact on public confidence in the electoral process.