论上市公司股东代理权征集滥用的规制--以新《证券法》第90条为对象

股东代理权征集对上市公司治理具有"双刃剑"的作用,其优势与弊端共存的特性使其更需严格规制以防止被滥用。从法理层面进行分析、并结合以往征集投票权实践所暴露的问题可知,新《证券法》第90条相比以前法律规范虽有重大进步,但仍存在对代理权征集滥用规制的不足。可以运用代理人道德风险理论、信义义务理论解释和规制代理权征集滥用行为。分析新《证券法》第90条规定可知,对征集人资格、条件和行使权利程序规定的不足,对征集过程中信息披露和违法征集损害赔偿责任等事项的粗放式规定都可能带来代理权征集的滥用。为了更有效地规制代理权征集滥用行为,应从限缩征集人资格和条件、确立代理权征集决策程序的内部控制机制、强制披露包括征集目的在内的法定信息披露制度和差异化信息披露制度、实施证券"看门人"见证制度等入手,进一步完善新《证券法》第90条规定和加强对代理权征集滥用的规制。     

Pampered Sons, (Wo)manly Men,or Do‐nothing Machos? Costa Rican Men Coming of Age under Neoliberalism

This article explores how young men in Costa Rica negotiate ideas of manhood under neoliberalism. We draw on interview data involving 23 men, ages 15–35, residing in one Costa Rican city. Comparing men across three different class locations, we find diverse "markers of manhood." Our data suggest an emerging globally dominant masculine ideal among an elite class of men, a declining locally dominant masculine ideal among working-class men, and a cynical, possibly counter-cultural masculine ideal among poor men. We conclude that masculinities are not only fluid, but tied to changing economic circumstances and class structures.     

Who would vote NOTA? Explaining a ‘none of the above’ choice in eight countries

In this study, we investigate who would vote ‘none of the above’ (NOTA) if this were available on the ballot paper using original data from eight European countries. In particular, we examine whether NOTA would be used by abstainers and voters to protest within the electoral process. We also test whether socioeconomic factors and specific and diffuse support for democracy and its institutions correlate with a NOTA vote. We find that having NOTA on the ballot would reduce invalid balloting more than abstention and much more than protest party voting. Our results also suggest that NOTA is related to socioeconomic status, political interest, political knowledge and distrust in political institutions and authorities, but not to broadly undemocratic attitudes. These findings have important implications for our understanding of the increasingly large amounts of abstention and invalid voting, as well as the growing distrust of political institutions, in democratic countries. They also hold lessons for electoral reformers.     

Compulsory voting,turnout, and support for left-wing parties: The case of Australia

Does compulsory voting and the higher voter turnout that it produces increase support for left-wing parties? An influential and highly cited study provides strong evidence for such an effect in Australia. However, several quasi-experimental studies find little support for it in Europe. Given these conflicting findings, this study reanalyzes the crucial Australian case. It uses a unique, more fine-grained district-level dataset (N=4,219) and difference-in-differences designs to more directly test the assumed causal mechanism between compulsory voting and left-wing party support. Overall, it finds little evidence for the commonly assumed positive direct effect of turnout on Labor’s vote share. Further analyses identify an indirect effect of turnout – Labor’s decision to run candidates in more districts under compulsory voting – as an alternative mechanism and electoral system change and the Great Depression as potential confounding factors. These findings have important implications for our understanding of the political consequences of compulsory voting.     

Eliciting preferences for land use alternatives: A structured value referendum with approval voting

This article discusses an experimental application of the Structured Value Referendum (SVR) with approval voting. The decision context is selecting the best land use for an undeveloped area of publicly owned suburban land in Richmond, British Columbia. Subjects were a random sample of 200 registered voters, selected in a "mall‐intercept" format. Subjects reviewed relevant information, completed a ballot, and then completed a survey about their satisfaction with the approval voting format. The results are of substantive interest for the land use decision, and show a high preference for an approval voting format. The results show ease in understanding the task and information provided, as well as a belief that this approach could be useful in guiding public policy. © 1999 by the Association for Public Policy Analysis and Management.     

日本平台经济下的“类雇员”概念建构及其启示

平台经济在各国的发展状况不同,各国对其涉及的劳动关系认定等问题进行规制的法律制度也不同。日本平台经济下的劳动关系认定相关探讨建立在个别法与集体法对劳动者概念之界定、相关的判例和学理的基础上,主要思路是修订现行《家内劳动法》与导入德国"类雇员"概念。在充分考虑日本对于平台经济之定位与我国有所区别的前提下,其兼顾"如何划定适用对象"及"对其采用何种规制"的政策研究方式,以及构建"类雇员"概念的相关探讨,对我国相关政策研究及法律制定极具借鉴意义。     

Political brand experience and voting intention: Is there a relation?

The current study reveals that Indian voters' political brand experiences positively influence their engagement and trust in a political party. Voters' addiction to political parties mediates the relationship between their party engagement and voting intentions. Thus, political marketers should increase voters' party brand addiction for proper conversion of party engagement in the ballot box. Although voters' political brand trust directly influences their voting intentions, interestingly, their political brand addictions indirectly influence the relationship between brand trust and voting intentions. The findings advocate that political marketers should ensure positive political party experiences to ensure voters' engagement with the party. Positive party experiences increase voters' trust in the party further. Another critical input for political marketers is the role of political brand addiction, which the study findings corroborate. Political brand addiction develops a set of loyal voters for a party and guarantees those voters' support for the party.     

Informing the Understudied R: Exploring and Advancing Typological Research

Creating offender typologies has become a growing interest and a potential method of improving understanding of programming needs and potential placements. Most typological research has only explored and described potential offender types. Relatively few studies have attempted to confirm the existence of created typologies or examine how offenders in each type predict important outcomes. Utilizing a large sample (N = 37,111) of reentering male offenders from Washington State Department of Corrections, we computed both an exploratory and confirmatory latent class analysis. After the confirmation of six offender types, we examined each type’s likelihood of several recidivistic outcomes. We anticipate that the described typology will assist case management, prioritizing offender needs, optimizing treatment services, and determining sequencing of multiple treatment types.     

警务战术课堂教学的和谐互动策略

警务战术课堂教学应是和谐互动的,它使“战术培训的教”与“战术培训的学”产生谐振效应,从而提高警务战术课的教学效果,真正促进学生的警务战术理论和应用能力的全面和谐的发展。     

英语课堂提问策略

课堂提问一直是英语教学的重要组成部分,恰当的课堂提问可以激发学生的学习兴趣和创造力,使学生成为课堂的主体。然而目前我国外语教学课堂提问所存在的问题却不容忽视,本文就存在的五个问题,根据衡量提问有效性的标准分别论述了所应采取的解决办法,使课堂提问真正成为开发学生思维,提高学生创新能力的主渠道。