公司治理一体化走向的制度发生学解释——以结构融资为中心展开

从制度发生学的角度观察,公司治理一体化走向的出现是结构融资等制度要素合力作用的必然结果,属于进化理性主义而不是建构理性主义的产物。我国应在加强金融监管的前提下鼓励、培育和引导结构融资,而不是因噎废食地抑制、阻却甚至扼杀结构融资。公司法应当积极回应结构融资的制度诉求,进行规则的调适与变革,进而强化其时代适应性品格。     

中国公司法人格否认制度实证研究

实证研究表明,我国的公司法人格否认制度已经在现实中得到了积极应用。我国的公司面纱刺破率明显高于国外,而且呈现逐年上升的态势。很多案件发生在经济欠发达地区,而且这些地区的刺破率整体上高于经济发达地区。目前所有公司法人格否认案件都针对股东数量很少的有限责任公司提起,而且股东人数越少,刺破率越高,涉及一人公司的面纱刺破率高达100%。与理论预测不同,我国涉及合同之债和侵权之债的案件在刺破率上并没有明显不同,而且在公司集团场合的刺破率不高反低。混同是最为常见的刺破理由,其中财产混同又适用最多,导致的刺破率也最高。     

Performing the ‘India Permitida’: The Counter-Gift of Indigenous Women Targeted by a Corporate Social Responsibility Programme (Chile)

Relying on ethnographic data, this article critically analyses the pro-mining position adopted in Chile's Atacama Region by a group of Diaguita women who benefited from a corporate social responsibility (CSR) programme to revive indigenous culture. While the desire to escape from poverty (salir adelante, moving forward) appears as the main reason for participating, the benefits generated a sense of indebtedness resulting in allegiance to the company. The investigation also shows how this programme played a part in building a scenario in which indigenous females perform subjects apparently more suited than men to the neoliberal and multiculturalist governmentality of the Chilean State, whose politics favours mining.     

Transnationality and diaspora advocacy: lessons from disaster

A number of catastrophic disasters in the last decade have raised questions about their transnational impacts and about the role of the diaspora. The 2010 Haiti earthquake, the focus of our study, provided a lens to further our understanding of evolving conceptualizations about transnationalism, transmigrants, and social capital. We hypothesize that sustained ‘intensive transnationalism’ by diaspora and linking forms of social capital between diaspora, other civil society organizations and advocacy groups, and government institutions are critical during post-disaster recovery in affected nation states and in countries to which survivors turn for refuge. We conducted 103 in-depth, semi-structured interviews with a wide range of civil society actors in South Florida, Boston, New York, Atlanta, and Washington DC between June 2010 and June 2015. We found that linking forms of social capital were more important after the earthquake than in previous disasters. Overall, the longevity and variety of Haitian diaspora advocacy work, particularly in immigration, have resulted in broader social networks and alliances, work groups, task forces, interfaith coalitions, and support groups to address complex social and policy issues.     

A new conceptual framework to strengthen internal corporate image: A stakeholder-inclusive perspective

The potential influence that internal stakeholders’ image of the organisation could have on external stakeholders’ image of the organisation, is strongly supported in the literature. This research project attempted to address the need for an approach that facilitates employee engagement, coupled with a leadership approach that allows collaboration, inclusion and cooperation within the organisation, to strengthen internal corporate image. This article reports on the results of the second phase of this research project, where a proposed stakeholder-inclusive conceptual framework for strengthening the internal corporate image, built from a stakeholder-inclusive perspective as depicted in the King III report on corporate governance, was explored in practice. A quantitative, self-administered web-based survey was conducted with the 2014 winners of the Deloitte Best Company to Work For (BCTWF) survey. The results not only indicated that these organisations’ practices resonate with the proposed stakeholder-inclusive framework, but also that the principles of the framework, namely stakeholder theory; integrated internal communication; peace arena; stakeholder engagement by means of the AA1000 Stakeholder Engagement Standard (AA1000SES) and responsible leadership and stewardship correlate with one another. The stakeholder-inclusive conceptual framework expands on the body of knowledge on corporate image and provides corporate communication professionals with a guide for strengthening their organisation’s internal corporate image, which could serve as starting point for strengthening the external corporate image and eventual corporate reputation.     

战略视野中的企业社会责任

经济全球化的发展和跨国公司的扩张导致了一系列社会问题,人们对企业社会责任的呼声日益高涨,形成了企业社会责任运动。跨国公司的积极推动又把这一运动向发展中国家扩展并演变成一种隐蔽性较强的贸易壁垒,使中国企业拓展国际市场面临新的挑战。本文旨在通过回顾企业社会责任运动的发展历程,诠释企业社会责任的科学内涵,提出企业实施社会责任的有效途径,剖析企业承担社会责任的战略性收益,来提高中国企业的社会责任意识,积极应对挑战,主动承担社会责任,实现企业与社会双赢,从而提升国际竞争力,促进可持续发展。     

Regional Corporate Spawning and the Role of Homegrown Companies

This paper presents the results and policy implications of a study that examined the spawning of founders who had previously been employed at large corporations. We found that spawning of founders is positively associated with the parent companies' productivity, innovativeness, and headquarter location. Furthermore, we found that the spin‐off per employee rate is higher in smaller establishments. We also found that the local entrepreneurial culture is significant in explaining local spawning of founders. Finally, we present new empirical evidence on the crucial role of successful homegrown companies in regional cluster development. More specifically, we found that the existence of successful homegrown companies is significantly correlated with the level of the regional entrepreneurial activity. This finding is consistent with the finding of many cluster development case studies. Thus, we argue that successful homegrown companies have a unique role in cluster development. This role can seldom be replaced by nonhomegrown companies. This is related to the notion that prior to the development of an entrepreneurial cluster, some intangible precondition should be realized such as the appearance of local role models and a shift toward a more entrepreneurial culture. In a more general perspective, these results support the notion that knowledge‐based regional development is a complex process that requires a long‐term and continuously adjusting supporting policy rather than being based mainly on attracting established companies' R&D centers to the region.     

The factors influencing knowledge entrepreneurship in Malaysian manufacturing companies

Established firms that continuously and systematically implement entrepreneurial initiatives exhibit behavior that corporate entrepreneurship researchers label as ＂sustained regeneration＂. A prime example of sustained regeneration is new product development activity in industries such as computers, electronics, and textiles where the introduction of new products is on-going and firm＇s creativities have important implications to its performance. On the other hand, knowledge entrepreneurship describes the organizational ability to respond to learn to capitalize on an opportunity, or to protect against a threat by adopting an innovation. Successful adoption of innovation requires an organizational ability to manage the process within the organization that deals with new or newly interpreted knowledge and under conditions of uncertainty and in the face of controversy, develop and initiate a plan of action to respond with goal-oriented organizational behavioral changes. Knowledge entrepreneurship connotes a ＂drive to implement change, to accomplish this goal, and to adopt an innovation＂. Knowledge entrepreneurship involves a motivated pursuit of competitive advantage, using knowledge as a means of developing sources of advantage similar to those described in the market orientation and absorptive capacity literatures. It describes a driven effort to utilize knowledge through innovation. This article is identifying knowledge entrepreneurship, and determining which factors may affect the nature of this concept. The selected criteria have been assessed according to their relative importance by utilizing analytical hierarchy process （AHP） approach and expert choice software program.     

论我国一人公司的法律规制

随着市场经济和公司制度的发展,一人公司以自身的特点赢得了投资者的关注,并被许多国家所认可。一人公司已在实践中对我国《公司法》实施提出了挑战。实践中,一人公司大量存在,完全禁止绝无可能。为了我国市场经济和企业的科学发展,应从法律上对一人公司进行规制,确认一人公司的合法地位,并加以积极规范以趋利避害。     

External affairs and trusted family businesses: A research agenda

In the past two decades, the Journal of Public Affairs has solidified corporate public affairs as a legitimate leadership skillset vital to driving future business growth. Yet, more work at a persistently overlooked gap in the Journal, the intersection of public affairs and family businesses, might shed new light on thriving, trusted, and sustainable business practices. This paper examines the unique contributions of family businesses as trusted influencers. As one of the most prominent forms of business, worldwide, family businesses persistently enjoy unusually high levels of public trust while collectively employing millions of wage earners yet their contributions to corporate external affairs research ostensibly have been largely overlooked. These “silent” community and social influencers offer a potentially new perspective on effective public outreach given their persistent and unique trust advantage. Family business' trust-based capabilities can potentially bring new insights to understanding effective stakeholder engagement, credible communications, and issues management—the sweet spot of corporate public affairs functions. Future research opportunities based on relational- and locational- advantages of trusted family businesses are identified.