略论上市公司股权托管法律问题及解决

上市公司的股权托管是上市公司经常采取的资本运营方式,但存在许多法律问题,很多上市公司在股权托管后,往往陷入亏损的状况。本文在分析上市公司股权托管的法律问题基础上,提出借鉴英美法系中表决权信托的方式解决股权托管问题。     

Retrospective and Prospective Performance Assessments during the 2004 Election Campaign: Tests of Mediation and News Media Priming

According to many theoretical accounts of the vote choice, distal determinants (e.g., party identification) influence proximal determinants (e.g., perceptions of candidates), which in turn shape candidate preferences. Yet almost no research on voting has formally tested such mediational hypotheses. Using national survey data collected between February and September of 2004, this paper begins by illustrating how to conduct such investigations. We explored whether public approval of President Bush’s handling of a series of specific national problems (e.g., the Iraq war) influenced overall assessments of his job performance and evaluations of his likely future performance versus John Kerry’s, which in turn shaped vote choices. The results are consistent with the claim of mediation and shed additional light on the impact of various issues on the 2004 election outcome. We also tested what we term the “dosage hypothesis,” derived from news media priming theory, which posits that changes in the amount of media coverage of an issue during the course of a campaign should precipitate changes in the weight citizens place on that issue when evaluating the president’s overall job performance, particularly among citizens most exposed to the news. Surprisingly, this analysis did not yield consistent support for the venerable dosage hypothesis, suggesting that the conditions under which priming occurs should be specified much more precisely in future work.

论我国行政立法听证制度的完善

行政立法听证制度是行政立法民主化、透明化的重要标志。行政立法听证的功能主要体现在保障公民权利、增强行政立法的民主性、提高行政立法质量和提高公民的法律意识与守法自觉性等方面。针对当前行政立法听证中的问题,有必要制定统一的《行政程序法,》确定合理的行政立法听证范围,选择适宜的行政立法听证方式和设置规范的行政立法听证操作程序,以完善我国行政立法听证制度。     

Departmental elections and the changing landscape of French politics

The departmental elections of March 2015 redrew the French political landscape, setting the new terms of electoral competition in advance of the regional elections of December 2015 and, more critically, the presidential election of April–May 2017. These elections saw the far-right National Front (FN) come top in both rounds only to be outmanoeuvred by the mainstream parties and prevented from winning a single department. As a case study in vote–seat distortion, the elections highlighted a voting system effective in keeping the FN out of executive power but deficient in terms of democratic representation and inadequate as a response to the new tripartite realities of France's changing political landscape.     

Internet voting and turnout: Evidence from Switzerland

Internet voting (i-voting) is often discussed as a potential remedy against declining turnout rates. This paper presents new evidence on the causal effect of i-voting on turnout, drawing on trials conducted in two Swiss cantons: Geneva and Zurich. Both Geneva and Zurich constitute hard cases for i-voting, given that i-voting was introduced in the presence of postal voting. However, this setting allows us to test some of the more optimistic claims regarding i-voting's ability to increase turnout. Empirically, we exploit the advantageous circumstance that federal legislation created a situation coming close to a natural experiment, with some of Geneva's and Zurich's municipalities participating in i-voting trials and others not. Using difference-in-differences estimation, we find that i-voting did not increase turnout in the cantons of Geneva and Zurich.     

Scope conditions of economic voting: The Danish exception?

In country after country, economic voting analysts have found that voters react sociotropically rather than egotropically. However, in a series of papers Nannestad and Paldam have found the exact opposite result for Danish voters – a result which challenges the scope conditions of economic voting. Changing only a few minor aspects of Nannestad and Paldam’s design, including the introduction of a standard sociotropic item in their models, though, reproduces the standard result: strong sociotropic and weak egotropic effects. The challenging results thus seem to be methodological artefacts; a finding that strengthens confidence in the generalizability of the basic mechanism of economic voting. Voters are not necessarily altruists, however. Sociotropic voting may be driven by both egoistic and altruistic considerations.     

Comparing Agenda Content and Roll-call Behaviour in Regular and Lame-duck Sessions of the House of Representatives, 1879–2010

This paper investigates how agenda content and floor behaviour in the US House of Representatives vary across regular and lame-duck sessions. The presence of departing members created a legislative environment marked by increased ideological and participatory shirking, resulting in higher levels of uncertainty. That uncertainty affected how members devised proposal strategies in the face of more fluid voting patterns in lame-duck sessions. The analysis of a unique data set comprised of roll-call votes on House floor motions with an identifiable sponsor from 1879 to 2010 (the 46th to 111th Congresses) uncovers significant changes in the relative frequencies of particular categories of votes, in the success rates on votes within those categories, as well as in the spatial characteristics of floor motions. These findings underscore how the move to the lame-duck session ushered in a distinct and different legislative environment.     

Designing preference voting

Electoral systems in which voters can cast preference votes for individual candidates within a party list are increasingly popular. To the best of our knowledge, there is no research on whether and how the scale used to evaluate candidates can affect electoral behavior and results. In this paper, we analyze data from an original voting experiment leveraging real-life political preferences and embedded in a nationally representative online survey in Austria. We show that the scale used by voters to evaluate candidates makes differences. For example, the possibility to give up to two points advantages male candidates because male voters are more likely to give ‘zero points’ to female candidates. Yet this pattern does not exist in the system in which voters can give positive and negative points because male voters seem reluctant to actively withdraw points from female candidates. We thus encourage constitution makers to think carefully about the design of preference voting.     

Inequality,Distributive Justice and Political Participation: An Analysis of the Case of Chile

Political participation has frequently been associated with individual resources; that is, individuals with higher incomes, higher educational levels and more time tend to participate in the political process to a greater extent than other individuals do. The present study suggests that in addition to resources, an individual's beliefs about economic distribution are an important determinant of participation both in elections and in protests. Based on the analysis of the Chilean data from the Latin American Public Opinion Project (LAPOP) 2012, the results suggest that distributive beliefs are associated primarily with participation in protests.     

Eyes on the ballot: Priming effects and ethnic voting in the developing world

Many countries include candidate photographs on ballots to facilitate autonomous, correct voting. However, the possible unintended consequences of these aspects of ballot design have not been sufficiently considered. We argue that photographs have the potential to increase ethnic voting, particularly by priming individuals to consider identity when making their electoral decisions. We conducted an experiment days prior to the 2011 Ugandan elections, in which subjects marked mock ballots including, or excluding, candidate photographs. We find that photographs increased ethnic voting, and our evidence indicates a priming effect, while ruling out learning as a likely alternate explanation. Subtle stimuli at the end of a campaign can affect ethnic voting in developing countries by altering identity salience.