法人与公司制度融合风险的法律控制——兼论实现国家公司公益性的法人制度支持

现代民法上的法人制度包含了为公司制度发展量身定做的"完人化"标准。公司制度借与法人制度融合获得了广义财产与基本权利,扭转了公司在传统社会组织身份格局中的不利地位,形成了对其他企业类型的制度竞争优势,但也带来巨大风险:公司异化为新身份格局中的"公司帝国"。法人制度在我国具有主要服务国有企业改革的功能狭隘性,加之官商传统潜移默化,产生了更为复杂的"官商公司帝国",妨碍了国有企业实现公共利益。针对性地而言,应祛除法人制度的极端功利主义成分,重建国有企业承载公共利益的法人制度支持。     

Family systems in central Russia in the 1830s and 1890s

Czap, Moon, and Mironov have suggested that two regional models for the rural family existed side by side in 19th-century Russia. This article approaches the question by examining the rural family as a statistically describable system occurring in a given economic and institutional context. The material applies to 8 local communities representing central Russia in the 1830s and 11 in the 1890s, the majority being the same communities in both cases. The aim is to determine from the household arrangements, economies, and institutional frameworks of these communities the kind of context in which a certain family system occurred. By relating these conclusions to data on the economic circumstances and social structures of the different parts of central Russia, two regional family systems are identified. Czap's “Eastern European family type” predominated in this area in the 1830s. Because the reforms and reorientation of economic activities in the 1860s brought about changes in household arrangements, however, a pattern characteristic of communities with a substantial degree of social stratification became the norm for most of the area.     

E‐Government Technology Transfer: A Case Study of the Implementation of a European Patent Management System in Brazil

In order to bolster the emerging but still underdeveloped conceptualization of e‐government technology transfer, we examine the implementation of a European Patent Management System in Brazil. The case study provided in this article offers opportunities to improve understanding on technical and organizational issues associated with e‐government technology transfer. Our findings provide evidence that the transfer of e‐government technology from a European to a Brazilian context requires multiple adaptations of the original design, intensive learning on the side of the recipient organization, and flexible implementation plans. Copyright © 2016 John Wiley & Sons, Ltd.     

The electoral consequences of the financial and economic crisis in Europe

The electoral consequences of the Great Recession are analysed in this article by combining insights from economic voting theories and the literature on party system change. Taking cues from these two theoretical perspectives, the impact of the Great Recession on the stability and change of Western, Central and Eastern European party systems is assessed. The article starts from the premise that, in order to fully assess the impact of the contemporary crisis, classic economic voting hypotheses focused on incumbent parties need to be combined with accounts of long‐term party system change provided by realignment and dealignment theories. The empirical analysis draws on an original dataset of election results and economic and political indicators in 30 European democracies. The results indicate that during the Great Recession economic strain was associated with sizable losses for incumbent parties and an increasing destabilisation of Western European party systems, while its impact was significantly weaker in Central and Eastern European countries, where political rather than economic failures appeared to be more relevant. In line with the realignment perspective, the results also reveal that in Western Europe populist radical right, radical left and non‐mainstream parties benefited the most from the economic hardship, while support for mainstream parties decreased further.     

Catalysts and barriers: Explaining electoral reform in Western Europe

Most accounts of electoral system change tend to consider it as being driven by purely partisan interests. Political parties are expected to change the electoral rules as a way to maximise gains or minimise losses. However, little work has been done on the question of why electoral reforms are so scarce in spite of these potential benefits. In this study, a wide range of both factors that may foster (‘catalysts’) and ones that may hinder (‘barriers’) the change of electoral institutions are investigated. A statistical analysis is performed of 16 West European countries from 1975 to 2005, covering 23 reforms of the proportionality of their electoral systems. It is found that procedural barriers are more effective for explaining the likelihood of electoral reforms than (most of) the catalysts. Additionally, there are indications that courts may play a more active role in triggering reform than previously thought.     

Barriers to Cross-Systems Collaboration in Child Welfare,Education, and the Courts: Supporting Educational Well-being of Youth in Care Through Systems Change

Cross-systems collaboration between child welfare, education, and the courts benefits when challenges and priorities are identified early. We measured perceptions of educational stability in foster youth with a statewide survey of 1,603 professionals in education, child welfare, and the courts. Results reveal commonalities among perceived challenges to collaboration across systems (e.g., multiple foster care placements; school changes) and differences in perceived importance or significance of a given issue by professional group. Results guided collaborative work in Kansas and may assist other states seeking strategies that inform cross-systems collaboration to improve educational well-being for youth in foster care.     

Australia's Progress Undefined: A Critical Review of Measures of Australia's Progress (MAP)

Indicator systems to report on concepts such as sustainability and progress have become a key policy response by governments to concerns over environmental degradation and social and economic instability. When developed by a national bureau, public service imperatives suggest that concepts such as ‘sustainability’ and ‘progress’ should be addressed without offending the ideology of political actors. We offer a case study of the Australian Bureau of Statistics (ABS) Measures of Australia's Progress (MAP) indicator system. The ABS has chosen to avoid offering a clear definition of what progress means, or a conceptual framework linked to a definition to explain the selection of indicators. ‘Progress’, however, is a socially defined, normative concept. Such concepts cannot be understood without reference to cultural and political processes. By seeking to avoid a perception of cultural or political bias the ABS has limited MAP's capacity to measure progress. We conclude with suggestions on how MAP might be improved.     

反腐倡廉建设的历史逻辑与现实问题

改革开放以来,我们党反腐倡廉建设的理论和实践逐步迈上了科学的发展轨道。但由于当前转型期经济社会的发展特点,宏观制度、文化环境中仍存有一些不利于开展反腐倡廉工作的因素,诱发了很多矛盾与问题。对此,我们应全面总结、吸取改革开放以来反腐倡廉建设的历史经验,坚持正确的反腐倡廉战略方针、原则方法和价值取向。要以规范权力运行为目标,以建立健全科学有效的反腐倡廉制度为核心,以发展党内外民主、提高权力运行透明度、落实反腐倡廉责任为突破,以现代信息技术运用为支撑,以推进惩治和预防腐败体系不断健全和有效运行为重点,与时俱进地推进反腐倡廉建设。     

制度为什么失灵？——从一起典型案例探析我国反腐倡廉制度建设

加强制度建设是深化反腐倡廉建设的必然选择和重要内容。经过几十年的不懈努力,我国有关廉政法律法规制度逐步建立和完善,大大推动了反腐倡廉工作的制度化和科学化水平。但是制度反腐不等于简单的建章立制,开展反腐倡廉制度建设,既要高度重视制度体系本身的建立和完善,更要高度关注制度的执行和落实,特别是要解决好制度执行不力、制度失灵等问题。以发生在干部人事制度改革深入推进大背景下的韩桂芝案为个案,综合运用社会学、法学、管理学等理论框架和研究方法,提出要从制度设计、运行机制、社会认知、制度环境等多方面分析探讨制度失灵的根源,切实推进反腐倡廉制度建设。     

《公民权利和政治权利国际公约》适用于香港的法理依据

《香港特别行政区基本法》第39条规定,《公民权利和政治权利国际公约》适用于香港的规定继续有效。《公约》在香港继续适用的理论基础不是传统意义上的条约继承,也不是国际法上的禁止反言原则,而是一国两制理论在条约继承上的一种制度创新。《香港特别行政区基本法》在处理人权条约的继承方面既体现了国家主权、高度自治这一根本原则,又特别重视连续性原则和人权保护原则。