Continuity despite change: Kenya's new constitution and executive power

What explains the continuation of strong executive power despite the introduction of new formal constraints on presidents? This article focuses on the elites working within the state agencies that execute presidential power, who benefit materially from their authority and have incentives to defy formal constraints placed on their own power. To evaluate this claim, I examine Kenya's 2010 constitution, which intended to reduce the power of Kenya's “imperial presidency” through formal constraints on the executive. As implementation has progressed, however, the executive bureaucracy – the Provincial Administration (PA) – has not changed in size, structure, or function, contrary to the explicit goals of the constitution's drafters. Using original interview and archival evidence, I find that the persistence of this agency – and by extension strong executive power – is due to PA administrators’ attempts to protect their material interests. This article shows that formal rule change may be insufficient to spur democratization in the face of entrenched authoritarian bureaucracies with strong incentives to maintain their pre-existing interests.     

Self-reported and performance-based measures of executive functions in interned youth

This study address three questions: (a) Do interned adolescents exhibit general or specific deficits in the core executive functions, as compared to an age-matched control group? (b) Do interned adolescents report more executive problems in everyday life, as compared to an age-matched control group? And (c) are performance-based measures of executive functions related to self-reported executive problems? Thirty-one interned youths and 40 non-interned controls participated in the study. To this end, we measured the three constituents (inhibition, shifting, and updating) of the Unity/Diversity model of executive functioning, as well as the participants’ self-reported everyday executive functioning using the Behavior Rating Inventory of Executive Functions scale. The interned group performed less well compared to the control group on the majority of performance-based tasks but did not show more pronounced deficits in any one executive function, reflective of a more general deficit. Compared to the controls, the interned adolescents also reported more dysfunction in executive behaviors related to the ability to inhibit action, behavioral flexibility, working memory, and the ability to follow through with tasks. Overall, correlations between self-report and performance-based measures were weak. These findings suggest that performance-based and self-report measures may assess different, albeit important, aspects of executive functioning.     

行政权正当性流变的法治意义

传统行政法理论下,行政权的正当性源于立法权的民主正当性。为了适应新的形势下行政法治发展的需要,行政权正当性理论发生了变迁,推动了行政法理论和实践的发展,对行政法治具有重要法治意义。     

高管薪酬规范与法律的有限干预

The determination of corporate executive compensation is a kind of affiliated transactions including special conflicts of interest in the company. The regulation of executive compensation by law is extremely necessary but plays a limited role, and the scope and mode of such role are specific. The due process and information disclosure system in determining executive compensation prescribed in company law and securities law, the policy guidance of the tax legal regime, and the active and prudential judicial review are the three aspects of the regulation of executive compensation by law, the common goal of which is to ensure and enhance the correlation between executive compensation and corporate performance, i.e., the realization of the principle of “performance-based compensation.” Li Jianwei, Ph. D, is an associate professor of law at China University of Political Science and Law, and a visiting scholar at Faculty of Law, University of New South Wales, Australia. His major research is in corporate law, corporate governance and corporate management system, and his major works include: Corporate Law (RUC Press, 2008), Legal Regulation on Affiliated Transaction (Law Press, 2007), The Role of Law in Corporate Management (People’s Court Press, 2005), A Research on Independent Director System (RUC Press, 2004), A Research on the State-owned Exclusive Company (Law Press, 2002). Moreover, he has more than 30 articles released in core academic journals.     

公司董事、经理法律责任性质及构成分析

董事、经理违反忠实义务和善管义务给公司造成损害,应承担侵权责任而不是债务不履行责任.在董事会行为侵害股东利益的情况下,股东应直接告董事.损害事实一般只涉及公司和股东的财产损失,而且侵权行为与损害之间有因果关联性,主观上必须要有过错.     

公务员培训课题设置刍议

培训课程设置是公务员培训工作的重要环节,课程设置的任务是构建培训课程的内容和结构。它是基于对两种不同层次的课程设置的决策。培训课程设置受社会生产力发展水平、教育方针、培训政策以及历史文化传统等因素的制约和影响。培训课程设置的开发是一个周而复始的过程,其体现了强化课程设置开发全过程与培训教育外部系统的关系。     

加强党内监督是提高党的执政能力的重大课题--邓小平"共产党要接受监督"重要思想的解读

加强党内监督是马克思主义党建学说的重要内容,是邓小平党的建设理论的重要组成部分,是新时期加强党的执政能力建设的重要任务.邓小平关于"共产党要接受监督"的重要思想,阐述了党内监督的理论和实践意义.     

A Small Yes for Presidentialism: The Turkish Constitutional Referendum of April 2017

Following four elections in three years, on 16 April 2017 Turkish voters once again went to the polls - this time under the emergency law established after the failed coup attempt of July 2016 - to vote on constitutional amendments aimed at replacing the existing parliamentary system with an executive presidency. This article reviews the content of the proposed constitutional amendments, analyses the campaign including the strategies employed by the main political actors in the ‘Yes’ and ‘No’ camps and the resource advantages enjoyed by the ruling party, assesses the electoral performance of both sides through a summary of results from provincial areas and geographical regions, and considers how Turkish politics are likely to take shape under the new system.     

Private Firm CSR,Executive Compensation and Firm Output Performance: Theoretical and Empirical Analysis from the Perspective of the Enterprise’s Actual Decision

Based on the analysis of Chinese private enterprises’ fulfillment of corporate social responsibility,this paper first constructs a theoretical model under the principal-agent framework on CSR,executive compensation and enterprise output performance from the perspective of a firm’s actual decision maker. Then it employs the 2009-2014 panel data of private listed companies to empirically test the theoretical propositions. The empirical results show that: 1） executive compensation is significantly and positively correlated with firm output performance; 2）the relationship between private enterprise corporate social responsibility and firm output performance presents "inverted U-shape"; 3）private enterprise CSR investment will significantly reduce the executive pay-performance sensitivity. This paper raises our awareness of private enterprises’ fulfilling corporate social responsibility, and is of good reference value for the further research on the motivation of private enterprises CSR fulfillment; and at the meantime,it is also a help for corporate executive compensation contract design.     

行政立法的基础性理论型塑

在法经济学视域下对行政立法进行经济分析是一种基础性、解析型、系统化研究.这种尝试将为行政立法的前瞻性践行迎来一个良好的发展机遇,它注重理论型塑与实践证成的融贯.在对法经济学思想渊源考论的基础上,弃置传统法学概念或定义的释明,突破固有的思维逻辑,它的基础性理论型塑使之系统化,能够理解与准确地把握法学与经济学交叉研究方法.