Internationalisation,global capitalism and the integration of Iran

Abstract

There is a common tendency to observe a process of homogenisation when the current international structure is analysed. However, the globalisation process embraces heterogeneities and contradictions stemming from the integration of different states into a single global structure. This article explores the role and motivations of domestic social classes in creating variations in the form of integration of their states into the global whole. It takes one of the odd cases at the centre of inquiry and particularly concentrates on the emergence of alternative forms to the neoliberal globalisation in the process of Iran’s integration into the global capitalism. The accumulation strategies adopted by the dominant class factions in Iran are investigated in order to reveal their dialectical relationship with the international capitalist structure. Their role in the international political economy of Iran demonstrates how social agents through their strategic activities create variations in the forms of integration into the global capitalism. The article compares the Iranian case to the varieties of integration of lately capitalised but not peripherised BRICS (Brazil, Russia, India, China and South Africa) states. This aims to reveal that whilst these countries have truly integrated into the global capitalist system, the internationalisation of their states contradicts the accumulation strategies of their dominant classes.     

我国公司治理法律制度的弊端检讨及完善路径

我国的公司治理立法呈现出割裂性、矛盾性与过渡性的特征,问题并不在于立法模式的选择,而在于立法体例的设计不当。目前的最佳解决途径是改变既有的公司立法体例,抛弃有限责任公司和股份有限公司的传统分类,将公司分为开放型公司和封闭型公司来有针对性地设计公司治理制度。规则应进一步细化,仅仅对开放型公司强制规定公司内部治理制度,对封闭型公司则赋予更多的自主权,由股东在章程中自由进行公司组织机构的设置。通过立法体例的改革和规则的细化来满足私法对自由价值的追求和商主体对成本的控制,保障公司营利性目标的实现。     

代理授权行为法律地位辨析

代理授权行为是代理法律关系的核心要素之一,对其法律地位的不同认识将直接影响到代理行为的效力。在与此相关的各种学说当中,主张代理授权行为具有独立地位的无因性理论更具有可采性。在制定民法典时,建议以其作为完善我国代理立法的理论基础。     

我国推行股票期权的制度性障碍

股票期权制度使经营者报酬同公司经营业绩紧密联系在一起,降低了代理成本。但这种制度需要一定的制度环境方能产生、存在并发挥其作用。我国目前的制度环境并不适合股票期权制度,因而制度的创新成为必然。     

Potential through paradox: indigenous rights as human rights

This paper takes the ratification of the U.N. Declaration on the Rights of Indigenous Peoples as its departure point. Reactions to the Declaration have thus far been mixed. According to advocates, these events signal ‘a new consensus’ that brings ‘to an end the nation states’ history of oppression of indigenous peoples’. According to critics, however, we have uncritically assumed an alliance between human rights and Aboriginal rights initiatives. This paper draws on these conflicting accounts, the theories of Rancière, and a discussion of a current Canadian court case to offer an assessment of the political possibilities of the UN declaration. Overall we argue that the value of the Declaration rests on our interpretation of the political process by which these rights are enacted. The possibilities of rights-based politics are always contextually dependent. In some instances a human rights frame can represent radical repositionings and rearticulations while at the same time always risking the possibility of co-optation. The acts of politics, in particular acts of dissensus, are the key factors that will impact whether the Rights of Indigenous Peoples lead to transformation or to the reinforcement of the status quo.     

关于完善我国合同法商事代理制度的思考——以《合同法》第402条、第403条为视角

文章以《合同法》第402条、第403条为视角,比较分析了两大法系商事代理制度立法的理论基础,对我国合同法有关商事代理的规定进行深入的思考,提出了进一步完善我国商事代理制度的建议。     

劳动派遣用工的法律规制

劳动派遣为一种新型用工方式,在政府及企业的推动下发展迅猛,被视为是促进就业、解决剩余劳动力有序流动的主要手段。但伴随出现的却是劳动派遣机构的高额利润、用工企业的低成本使用劳动力,劳动者权益受到极大损害。因此,应根据我国国情,参考国外劳动派遣法律规制的有益经验,构建我国的劳动派遣法律制度。     

Reform Strategies Matter: Explaining the Perplexing Results of Regional Government Reforms in Norway and Denmark

Reforming the public sector often means imposing immediate costs on well-organised interests in return for longer-term, diffuse benefits to voters and taxpayers. Nonetheless, reforms sometimes are carried through. Investigations of this puzzle have followed two approaches: The first is structural and explains reforms as a consequence of the institutional setting in which policymakers operate. The second focuses on human agency. It investigates how reformers search for ways to overcome structural obstacles. This approach has lived a quiet life in recent decades. In this paper, we investigate recent attempts to reform the regional government level in Norway and Denmark. Despite very similar structural settings and political preferences, the reforms failed in Norway, but were successful in Denmark; failure and success being defined by the two governments' intensions. We argue that the explanation lies in the different reform strategies pursued by the central governments in the two countries.     

论闭锁公司的范畴及代理问题

闭锁公司是一种股东紧密持股,绝大部分股东参与经营,且股权不能在现成市场上公开流通的公司形态。本文认为,受其组织结构、投资属性与市场环境决定,闭锁公司法律规制的重点在于：在股东高度自治与资本严格锁定的环境下,处理好大股东控制权的正当行使与小股东合理期待利益的必要保护之间的冲突与协调问题。     

Agency and outcome expectancies for crime desistance: measuring offenders' personal beliefs about change†

Abstract

While the majority of offenders eventually desist from crime, the internal psychological mechanisms hypothesized to drive the process of desistance and offender change have not been systematically measured. This study developed scales for assessing intention to change, or offenders' beliefs regarding their perceived ability to stay crime-free (agency) and expected outcomes for crime and desistance (expectancies). Incarcerated offenders (N=142) endorsed these beliefs in a way that is consistent with theories of offender change. The structure of beliefs suggests offenders with positive expectancies for desistance and negative expectancies for crime also endorse a higher sense of personal agency to desist. Outcome expectancies for desistance were unrelated to static risk variables, suggesting these measures may be complementary to risk assessment. Overall, the scales developed for this research showed high internal consistency and evidence for concurrent and construct validity. Refining the measurement methods and assessing recidivism outcome post-release should further advance this avenue of research.