英国法上影子董事制度评述

英国《1980年公司法》正式使用“影子董事”一词，《1985年公司法》始有标准定义，并在《1986年公司董事资格剥夺法》、《1986年金融服务法》以及《1986年破产法》中进行相关规定。Re Tasbian Ltd（No．3）Official Receiver诉Nixon等典型判例反映了对影子董事定义的理解与使用。影子董事虽然不是董事，但依靠其在公司中的“地位”却能够指挥公司行为之人，如果其实际上进行了指挥，即应承担董事责任。从司法实践来看，影子董事责任主要出现于公司破产或无力偿付阶段，对于保护债权人利益具有积极意义。影子董事制度在保护公司债权人权益上确有其独到之处，我国相关立法、司法操作可资参考。     

So far away from me? The effect of geographical distance on representation

Legislators face numerous trade-offs with regard to how to spend their time. One factor is, however, beyond their control: the distance between their constituency and the legislature. A more distant constituency implies increased travel, which decreases the time available for activities within the legislature itself, while also raising the possibility of centre–periphery dynamics in representation. Previous work has found that as distance between constituency and legislature increases, so does constituency focus, but it has not established why this is. This article explores the impact of geographical remoteness on representational activity, analysing a dataset of parliamentary activity in the British House of Commons (2005–2015), showing that the more remote an MP’s constituency, the less likely that MP is to attend votes, while being more likely to sign Early Day Motions. The article further shows that this is most likely driven by a centre–periphery dynamic rather than simply being a response to longer travel time.     

Eurosceptics in trilogue settings: interest formation and contestation in the European Parliament

Trilogues have been studied as sites of secluded inter-institutional decision making that gather the Council of the European Union, the European Parliament (EP) and the European Commission. Trilogues, however, are not exempt from formal and informal party-political dynamics that affect intra- and inter-institutional contestation. The increase in Eurosceptics in the 2014 EP elections offers an opportunity to investigate their efforts to shape the position and behaviour of the EP negotiating team in trilogues. Therefore, this article investigates to what extent Eurosceptic party groups participate in trilogue negotiations and how mainstream groups deal with their presence. The analysis shows that the opportunities to participate in trilogues and shape the EP’s position are higher for those perceived as soft Eurosceptic MEPs, while mainstream groups apply a ‘cordon sanitaire’ to those perceived as being part of hard Eurosceptic groups – which reduces the chances of MEPs from those groups being willing to participate in parliamentary work.     

互联网对英国陪审制的挑战初探——以福蕾尔案为例

2011年英国公民福蕾尔在担任一件毒品案件审判的陪审团成员时因违法使用互联网接洽被告、搜索被告信息而被控藐视法庭罪，成为英国第一个因在案件审理期间滥用互联网被判刑的陪审员。该事件发生后轰动了英国司法界，互联网对英国陪审系统带来的冲击开始被关注，成为英国陪审制发展上的一个新难题。，分析互联网对英国陪审制的挑战及其原因，找到英国陪审制的出路，正确借鉴其成功经验为我国的司法审判制度改革所用尤为重要     

What Future for the Ombudsman?

The ombudsman institution, in both the public and private sectors, is increasingly identified with the ethos of consumerism and the protection of consumer rights. The current trend is exemplified and reinforced by the EU ADR Directive and by the government response to a recent inquiry into complaints conducted by the Public Administration Select Committee. This article argues that the dominant consumerist ethos diminishes the ability of the ombudsman institution to fulfil its potential. If the ombudsman institution, in particular as manifest in the office of the UK Parliamentary Ombudsman, is to serve the public interest, it must instead promote human rights principles and constitutional morality, adopt a process that is marked by public reasoning and participation and seek by a whole‐system approach to realise a vision that is integrated and truly democratic.     

Institutional Foundations of Legislative Turnover: A Comparative Analysis of the Swiss Cantons

Abstract: The rate of turnover within parliaments remains an understudied area of research. The present paper contributes to filling this gap by presenting the first comparable macro‐level data on legislative turnover in the 26 Swiss cantonal legislatures. In examining the strikingly different levels of turnover in sub‐national Swiss parliaments between 1993 and 2011, the focus is on politico‐institutional features. Multilevel models reveal that two hitherto neglected institutional variables are correlated with legislative turnover. In addition to the reduction of parliamentary size, we find the strength of a cantonal parliament to affect turnover rates on the Swiss sub‐national level. Moreover, we show that proportional representation significantly promotes parliamentary elite circulation. Among the non‐institutional covariates, we find that electoral volatility is also relevant in explaining legislative turnover rates.     

韩国国会议员社会背景管窥

韩国国会议员的社会背景是其政策决策的社会源流。韩国的内外政策从宏观看存在着左右分野,而从微观看则明显带有个人的影响。韩国社会是一个人情社会,社会标签与网络决定了个人的情绪与政策喜好。在对议员社会背景的分析中,性别与血型、血缘与地域、教育经历、职业生涯、特别经历等因素决定了议员本人的活动与价值观,从而决定了政策的基本走向。这些基本的社会背景因素对国会议员的议政活动和议会政治发展产生了种种影响。     

State transformation goes nuclear: Chinese National Nuclear Companies’ expansion into Europe

Abstract

Most of the literature on state transformation focuses on China’s relations with African, Asian and Latin American countries and the National Oil Companies’ overseas expansion to show that China has become fragmented, decentralised and internationalised. This article contributes novel findings by focusing on China’s relations with Europe and the actions of China’s National Nuclear Companies (NNCs). It shows that NNCs, which have become relatively autonomous actors, often pursue their agendas of expansion into Europe without much coordination with, or even in contradiction to, other ministries’ agendas and interests, especially the Ministry of Foreign Affairs. Instead of being orchestrated by the central government, their expansion reflects considerable disorganisation and sometimes undermines China’s official strategy. The article demonstrates this through case studies of NNCs’ involvement in the UK and Romania.     

Britain Returns to the Indian Ocean?

This article considers how far the UK is returning to an ‘East of Suez’ role in the Indian Ocean. A threefold structure is taken based on past, current and future aspects of this role. The first section (‘past’) considers the Indian Ocean as a British Lake and the announced withdrawal from East of Suez that was announced in the early 1970s. The second section (‘present’) looks at the various bases, facilities and partnerships that the UK has around and across the Indian Ocean with Bahrain, Oman, Gulf of Aden, Somaliland, Diego Garcia (and the United States), India, Malaysia and Singapore (including the Five Power Defence Agreements), Australia and China. The third section (‘future’) considers likely post-BREXIT decisions facing the UK in the Indian Ocean with regard to its projected naval assets and political choices across the region. It finds there is some substance behind the rhetoric on a British return to the area.     

The No‐men of England: The Geordie Revolt that Defeated the Scotland and Wales Bill in 1977

The Scotland and Wales Acts 1978 failed on multiple criteria. Although devolution of powers to Scotland and Wales was a principal policy of the Labour governments in office from 1974 to 1979, it was defeated in a guillotine vote in 1977. That defeat was orchestrated by the leaders of Tyne & Wear County Council, angry that a government of their own party was apparently neglecting their region in favour of Scotland. The project was rescued in two separate bills, but a further rebel amendment inserted a minimum assent condition in the required referendums. The people of Wales rejected the devolution they were offered. The people of Scotland accepted it, but by a margin that failed to cross the threshold. The resulting vote of confidence brought down the Labour government in March 1979. The role of Tyne & Wear County Council in killing the first bill has never been fully acknowledged. The lessons of the story for current devolution policy are explored. If the UK remains a single country, any policy for tax transfers must be fair to the English as well as to the people of the other three territories.