试论我国上市公司股权激励的外部环境建设——基于两个典型案例的解析

从股权激励产生的原因和运作机制来看,要想使其真正发挥激励约束作用,必须依赖于一定的外部环境。而市场环境和法律保障等外部因素恰恰是制约现阶段我国上市公司股权激励的主要方面。万科引入信托机制受质疑,隆平高科因实施股权激励计划引发股价的短期暴涨都反映出市场的不成熟和法律的不健全。因此,积极构建有利于发挥股权激励作用的外部环境对于完善我国上市公司股权激励制度至关重要。     

论物权人承担的作为义务

物权人在控制自己物件或者环境方面虽然存在过失,他们并非要对一切受害人遭受的损害承担赔偿责任;物权人要就其物引起的损害对他人承担侵权责任,必须符合一定的构成要件;原则上讲,物权人仅仅就自己的物引起的损害对合法进入者承担注意义务和侵权责任,不就自己的物引起的损害对非法进入者承担注意义务和侵权责任。     

Focusing Events and Changes in Ecologies of Policy Games: Evidence from the Paraná River Delta

Solving environmental problems on a regional scale demands joint efforts by multiple stakeholders, but coordinating such efforts can be difficult in complex governance systems. In this article, we combine the literature in Adaptive Governance with the Ecology of Policy Games (EPGs) framework to enhance our understanding of how complex governance systems react to environmental focusing events. We study the EPGs in the Paraná River delta in Argentina following widespread fires caused by slash‐and‐burn practices in 2008, and analyze how new forums created to address the consequences of this event differ from the forums created prior to the event in terms of their capacity to attract stakeholders and to provide higher interconnectivity to the whole governance system. Furthermore, we offer an initial evaluation of the Comprehensive Strategic Plan for the Conservation and Sustainability of the Paraná River delta, the main forum in the EPGs created to address the negative consequences of the focusing event. Finally, we discuss the implications of our findings for the study of complex governance systems where stakeholders are able to address the management of natural resources at a regional scale.     

Beyond (and Within) City Limits: Climate Policy in an Intergovernmental System

This analysis explores the role of city‐level and state‐level variables to explain why some cities make more progress on climate‐related policy implementation than others. Using multilevel modeling, we find little support for the influence of state factors on local government leadership among the 812 cities in the dataset, but local government institutional and community variables are strongly associated with climate policy initiatives. We argue for a rethinking of the notion of the limited and constrained city and suggest that, in the realm of climate protection and environmental policy, cities are leading a bottom‐up federalism. Moreover, where some political analysts and scholars have argued that climate protection and environmental policies may not be economically rational for cities to pursue, we theorize that cities are acting locally to further their self‐interest in an increasingly global economy.     

Crowdsourcing and regulatory reviews: A new way of challenging red tape in British government?

Much has been said about the appeal of digital government devices to enhance consultation on rulemaking. This paper explores the most ambitious attempt by the UK central government so far to draw on “crowdsourcing” to consult and act on regulatory reform, the “Red Tape Challenge.” We find that the results of this exercise do not represent any major change to traditional challenges to consultation processes. Instead, we suggest that the extensive institutional arrangements for crowdsourcing were hardly significant in informing actual policy responses: neither the tone of the crowdsourced comments, the direction of the majority views, nor specific comments were seen to matter. Instead, it was processes within the executive that shaped the overall governmental responses to this initiative. The findings, therefore, provoke wider debates about the use of social media in rulemaking and consultation exercises.     

Does regulation kill jobs?: The limits of quantification

This essay reviews a new edited volume entitled Does Regulation Kill Jobs? It concludes that this book brings much needed data and realism to the debate about jobs and the environment, showing that government regulation generally has minor impacts on employment. This essay focuses much of its attention on the suggestion, discussed by several of the contributors to this book, that cost–benefit analysis should include a dollar value representing an estimate of the value of employment changes a proposed regulation might cause. It discusses concerns about double counting, ex ante estimates of employment impacts, monetization of the value of employment impacts, and potentially misleading asymmetric analysis.     

Autonomous Local Climate Change Policy: An Analysis of the Effect of Intergovernmental Relations Among Subnational Governments

Local governments have emerged as important players in climate change governance, both at home and on the international stage. Likewise, action by states and provinces has been increasingly highlighted, particularly as national actors have moved slowly to reduce greenhouse gas emissions. But to what extent do local governments act independently from state and provincial governments in the area of climate change mitigation? Using an explicit process tracing approach, the article tests two hypotheses regarding the influence of upper level subnational governments on local policy. In Vancouver, British Columbia, Canada, a city that is a climate change leader, provincial government intervention cannot explain the results of climate change mitigation policy making. This suggests that local governments can exercise an important degree of autonomy over climate change policy, but also implies that where municipalities are less independently committed to climate action, active upper level government intervention will likely be needed.     

The States Come Marching In: Examining State Agency Influence on Federal Rules

Amidst congressional gridlock, administrative rulemaking is the main pathway for environmental policy making. Scholars have assessed the role of the institutions of government (the president, Congress, and the courts) and key interest groups (i.e., business and environmental interests) in shaping rulemaking outcomes. What is missing from this literature is an assessment of the role of key implementers, state environmental agencies. This research fills this gap by assessing the role and impact of state government agencies in three case studies of rulemaking at the Environmental Protection Agency (EPA). Based on original interviews and a public comment analysis, this research suggests that state agencies play an active and influential role in EPA rulemaking. And, in some cases, state agencies wield more influence than other interest groups. Interviewees argued that this influence stems from these agencies’ unique voice as an implementation collaborator. As a result, researchers should incorporate an assessment of the role of these interests to more effectively explain regulatory outcomes at the EPA and potentially across the bureaucracy.     

How Do Sectoral Interests Shape Distributive Politics? Evidence from Gasoline and Diesel Subsidy Reforms

Sectoral interests play an important role in distributive politics, but their influence is difficult to measure. We compare the effect of international oil prices on subsidies for domestic gasoline and diesel consumption. Because diesel is used by a smaller number of organized agricultural and transportation interests, they are more capable of collective action than the dispersed beneficiaries of gasoline subsidies. The conventional wisdom holds that sectoral interests could mobilize to stop reform (e.g., price increases, deregulation). Challenging this view, we consider the possibility that sectoral interests promote reform by facilitating the targeted allocation of compensation and exemptions. An empirical analysis of gasoline and diesel prices, 1991–2012, strongly supports the second hypothesis: diesel prices respond to international oil prices more strongly than do gasoline prices. Quantitative tests and case studies allow us to explore causal mechanisms, verify that the gasoline‐diesel difference is related to actual policy reforms, and reject alternative explanations.     

The European regulation of corporate social responsibility: The role of beneficiaries' intermediaries

Intended beneficiaries have an undeniable relevance to regulation. However, current research has focused mainly on the two‐party relationship between rulemaking and rule‐taking. We attempt to fill this gap by exploring the formal and informal roles that beneficiaries’ intermediaries played in co‐creating European Corporate Social Responsibility (CSR) rules and associated practices between 2000 and 2017. By linking recent conceptualizations of regulatory intermediaries with the literature on critical political CSR, we offer a more dynamic and contextualized understanding of the roles of beneficiaries’ intermediaries. Specifically, we identify six micro‐dynamics through which they influenced the regulatory process. Notably, our findings highlight how the convergence of interests between three groups of beneficiaries’ intermediaries – the Non‐governmental organization–Investor–Union nexus – had a key role in reshaping CSR rules. We conclude that, in the European context, stronger and better‐coordinated beneficiaries’ intermediaries are crucial in order to achieve more effective corporate conduct regulation.