On Agency Issues in Charity and Their Governance——In the Perspective of Corporate Foundation

There are multiple agency relationships based on the different rights and obligations in corporate foundation's charity activities. Because current legislation is not perfect, and the system supply is insufficiency, which causes the agent to damage the client's interest easily. In order to conquer this problem, it needs to perfect our legislation to improve the corporate foundation governance structure and increase its independence; mandatory information disclosure which urges corporate foundation becomes more open and transparent in charity; improving the internal and external monitoring mechanism, especially highlight the third party supervision; enhance the induced system supply which is used to motivate corporate foundation; improve the legal liability system and define the legal liability clearly of corporate foundation's internal controller.     

我国慈善组织形象：实质、要素与策略

在慈善营销、形象营销、慈善竞争时代，慈善形象对于慈善组织而言目益重要，但至今国内外学界对慈善组织形象问题的探讨尚不多见。慈善组织形象不同于其他组织形象，应该显现理性至上、个性至善、状态至美的特质。慈善组织形象知名度、美誉度、透明度、忠诚度、满意度、协同度等六大要素。影响慈善组织形象的因素也有很多，需要构建相关的形象塑造和维持策略。     

The Charity Law: a Lever in Need of a Fulcrum

The Charity Law is a promotive law with the legislative intent to “develop charity cause”. It adopts the concept of “wide charity”, covering a broad area of philanthropy, including public fundraising, non-cash donation, charitable trust, information disclosure and transparency, and the promotion policies, which show the higher legislation level and high sense of involvement. However, without convergence with tax law, the essential concept of “charity” in The Charity Law may lack substantive legal connotation, pulling the promotive legislation intent into a vacancy or awkward situation called “chicken ribs”. To make The Charity Law enact as a promotion lever to charities, tax law revision is needed to clarify the tax-exemption implication for organizations, who in turn should improve their own cognition of public charity, and meanwhile, the legislative coordination inside the legislation system is necessary.     

对我国合同法上强制性规定的类型分析

在我国合同法上,强制性规定包括效力性规定和管理性规定。如何妥善地对二者进行区分,是一个无法在立法技术层面通过改进合同法的规范配置来解决的问题。此问题的解决有赖于案例法体系的建立。在法律论证的过程中,只有以现行法上的规则为依托,以比较法上的研究为参照,在体系思考和案例思考相结合的基础上,对应当参照的各类因素给予充分的关注,才能对违反强制性规定的法律效果作出合理的判断。     

‘Social Services will not touch us with a barge pole’: social care provision for older prisoners

Older prisoners are the fastest growing subgroup in the English and Welsh prison estate. Older prisoners have high levels of health and social care needs. This mixed-method study involved the distribution of a questionnaire examining the availability of health and social care services for older prisoners to all prisons housing adult males in England and Wales, followed by qualitative telephone interviews with representatives from eight prisons. Over half of establishments had some contact with external social care services, but reported significant difficulties in arranging the care for individuals. A professional lead for older prisoners had been identified in 81% of establishments; however, the value of this role to positively affect practice appeared questionable. Statutory social care was often non-existent in prison due to the lack of understanding of what it constituted and who was responsible for its provision.     

论海事强制令中的“需要纠正被请求人违反法律规定或者合同约定的行为”

海事强制令是一项重要的海事诉讼法律制度,对保护海事请求人的合法权益具有重要意义,而＂需要纠正被请求人违反法律规定或者合同约定的行为＂是海事强制令适用条件中非常重要的且容易引起纠纷的条款。对这一条款进行论述,指出海事活动的当事人如果违反了强制性法律规范,就属于海事强制令适用条件中所指的＂违反法律规定的行为＂;如果当事人在合同的履行中违反了合同的约定,就可能属于海事强制令适用条件中所指的＂需要纠正的违反合同约定的行为＂,主要是指违反定期租船合同、光船租赁合同以及航次租船合同约定的行为。     

SPARE THE CHILD AND HIT THE POCKET: TOWARD A JURISPRUDENCE ON DOMESTIC ABUSE AS A QUANTUM FACTOR IN FINANCIAL OUTCOMES ON RELATIONSHIP BREAKDOWN

Should domestic abuse, rightly condemned so often by the family courts, be a factor in the financial outcome on relationship breakdown? If so, how should it be taken into account? As a pure factor of economic loss? As part of either negative contribution by one or the greater positive contribution by the other? Only if exceptional violence? Or as part of society's condemnation of domestic abuse? What difference is there between abuse which has a direct financial impact, for example, on future earning or needs and abuse which has no obvious outward financial impact? If there were to be any compensatory element, how does this fit in with other quantum factors? This article looks at developments on this issue in a number of countries, to share lessons learned, consider some of the problems of introducing abuse as a quantum factor, and start to consider a jurisprudence on when it is and is not appropriate as a factor, with a view to encouraging a wider debate.     

Demanding Service or Servicing Demand? Charities,Regulation and the Policy Process

Charities in the Victorian era were characterised by the notions of service and pressure, acting as a shield and a sword for social change. Charities continue to pursue such policies, but do so at the behest of state agendas on public service provision and civic engagement. This article examines the regulatory and policy challenges of the service and pressure dynamic, focusing upon the provision of public services by charities, considering the decision of the Charity Commission in the cases of Trafford and Wigan , and the hurdles faced by charities wishing to pursue a political agenda alongside the state's concern with protecting against terrorism. The article concludes by considering the arbitrary choice made within the regulatory framework between acceptable and unacceptable political conduct and the focus upon good governance in charities and the issues which arise under section 6(3)(b) of the Human Rights Act 1998.     

慈善供给的经济学分析

慈善供给的增加,既有宏观上的消费效应、分配效应和发展效应,又有微观上的效用或利润最大化的供给动因。我国现阶段的慈善供给不足关键在于慈善的消费偏好缺失、供给成本过高和激励机制缺陷,要实现慈善供给增加,必须转变慈善观念、畅通慈善通道和完善制度安排。