论股东大会的概念

股东大会作为由公司全体股东组成的对公司重大事务进行决策的机制在本质上并不是＂机构＂,而是一种制度,是股东民主的制度形式。股东大会与政治国家中的立法机关（议会）具有本质性的差别,在理论上不能将其类比为立法机关（议会）,而应当将其视为一种类似于＂全民公决＂的重大事项决策机制。股东大会作为股东民主的制度形式只能采用多数决的规则,决定了股东大会制度面临着与政治民主制度同样的问题,即如何保护少数派（股东）的利益。     

招录试点班侦查讯问案例教学的实践与探索

侦查讯问学是一门应用性很强的综合学科。侦查讯问学教育的根本目的之一,在于提高招录试点班学生应用讯问知识解决实际审讯办案问题的能力。传统教学法有着自己的优势与不足,案例教学法对实现这一目的有不可替代的作用。侦查讯问学的案例教学,是教师与试点班学生之间及学生与学生之间的交流过程,课前准备及组织课堂教学十分重要,教师要在案例选择上下工夫,学生要课前预习,充分参与。实施案例教学应遵循知行合一与重在实践的原则、教师发挥主导作用的原则、引导学生成为教学主体的原则。     

The effective design,implementation and enforcement of socio-economic equality duties: lessons from the pupil premium

Abstract

The UK has extremely high levels of socio-economic inequality, which are predicted to rise over the next five years. Traditionally, equality law was seen as inappropriate to address socio-economic inequality but in the last decade, a growing number of equality duties have been introduced to address this persistent form of inequality. There is, however, little research on the principles that underpin these duties. This article seeks to address this gap through the use of data from interviews conducted with primary school personnel implementing the pupil premium. The article explores understandings of socio-economic inequality by individuals in schools; policy conflicts; the wider context of action to address socio-economic inequality; different decision-making processes; and accountability mechanisms. On the basis of the findings of this study, broad principles are outlined to inform the design, implementation and enforcement of socio-economic equality duties in the future.     

Doubling Down: Inequality in Responsiveness and the Policy Preferences of Elected Officials

Is bias in responsiveness to constituents conditional on the policy preferences of elected officials? The scholarly conventional wisdom is that constituency groups who do not receive policy representation still obtain some level of responsiveness by legislators outside of the policy realm. In contrast, we present a theory of preference‐induced responsiveness bias where constituency responsiveness by legislators is associated with legislator policy preferences. Elected officials who favor laws that could disproportionately impact minority groups are also less likely to engage in nonpolicy responsiveness to minority groups. We conducted a field experiment in 28 US legislative chambers. Legislators were randomly assigned to receive messages from Latino and white constituents. If legislators supported voter identification laws, Latino constituents were less likely to receive constituency communications from their legislators. There are significant implications regarding fairness in the democratic process when elected officials fail to represent disadvantaged constituency groups in both policy and nonpolicy realms.     

Ideological Congruence: Illusion or Imperfection?

Paul Warwick ( 2016 ) argues that much of the research on ideological congruence leaves the erroneous impression that a close match of median left‐right voter opinions and government ideological positions usually emerges from elections. I propose further clarifications. I offer a “natural metric” based on the average distances from the median voter of the most distant and the closest parties competing in all these countries’ elections. I suggest that by these standards average ideological congruence in the Western liberal democracies in the last 20 years has been fairly successful, but not as successful as it could be.     

The differential demand for indirect rule: evidence from the North Caucasus

Indirect rule is one of the means that central authorities have long employed in hopes of defusing communal conflict and civil war in multicultural societies. Yet very little is known about the appeal of indirect rule among the ruled themselves. Why do people in some places demand more indirect rule and local autonomy, whereas others seem content to be governed directly by rulers of an alien culture? This is a crucial question with important implications for determining the form of governance that is most likely to provide social order in culturally heterogeneous societies. Although much attention has been given to consider the relative costs and benefits of direct versus indirect rule for the central authorities, the other side of the coin – namely, the variable demand for indirect rule among the members of distinctive cultural groups – has hardly been examined with systematic empirical data. This paper presents a theory of the differential demand for indirect rule and offers an initial test of its principal empirical implications using original micro-level data from the North Caucasus region of Russia. The theory's core claim is that the middle class should express the greatest demand for indirect rule, while both the upper and lower classes should prefer more direct rule. The theory therefore predicts that there will be an inverse parabolic relationship between the demand for indirect rule and economic class. The findings are largely consistent with these theoretical expectations.     

Class or Citizenship? Debating Workplace Conflict in China

While a new working class is in the process of remaking itself in China, the latest trend in labour studies has rejected the Marxist tradition which sees the social relations of production as the point of departure for analysing workplace conflict. According to the new current, influenced by post-structuralism, class is only one of the identities articulated by workers, and it can be understood only with reference to their discourses. By critically evaluating an important book by Ching Kwan Lee (Against the Law: Labor Protests in China's Rustbelt and Sunbelt), this article suggests that her approach generalising workers' protests with the notion of citizenship cannot satisfactorily explain the changing pattern of labour protests in China since 2004. By using fieldwork data and connecting the analysis of the social relations of production with the changing patterns of workers' struggle, this paper argues that migrant workers protests are a significant part of the emerging class conflict in China.     

Airbnb,technological change and disruption in Barbadian tourism: a theoretical framework

This paper focuses on how Airbnb, an internet platform which has created the possibility for mass participation in the tourism market, is resulting in class conflict between new entrants and the ‘traditional’ tourism industry. Specifically, it studies how traditional tourism interests in Barbados have responded to Airbnb by seeking to restrict participation in the industry and presents this as a microcosm of broader class transitions and conflicts associated with new technologies. The paper utilises a Marxist theoretical perspective buttressed by Joseph Schumpeter’s theory of ‘creative destruction’ – places emphasis on the process of destroying productive systems to understand how specific industries expand and survive – and Clayton Christensen’s notion of ‘disruptive innovation’ – a process by which a disruptive product transforms a market – for studying how transformations in technology are impacting the tourism industry in Barbados. Its aim is to provide an account of how the process of disruption is unfolding in Barbados by highlighting the reactions of the main hotel lobby group to Airbnb, while also applying the ideas of Marx, Schumpeter and Christensen as useful theoretical lenses through which to examine the unfolding of the process of disruption of settled class and historical control of a dominant economic sector by new technologies.     

Strategic Behaviour in Parliament

Most research on roll call votes considers each voting decision by members of parliament (MPs) as an independent observation. Only recently have scholars (for example, Clinton, 2012, American Journal of Political Science, 56, 355–372; Clinton & Meirowitz, 2004, American Journal of Political Science, 48, 675–689) started to assess how knowledge about the sequence of votes may help us to understand the legislative process in more detail. Many of these analyses are, however, predicated on quite important assumptions regarding the forward-looking capacities of MPs. In this paper, this more recent literature is drawn on and brought to bear on an analysis of two bills adopted in the Swiss parliament. Having detailed information available on MPs’ preferences over various options voted upon, it is possible to test whether MPs behave strategically, and to what degree they are capable of anticipating the way forward through the agenda tree. Evidence is found that MPs behave strategically, but their foresight is not as perfect as one would expect from theoretical models.