评2005年《公司法》对股东直接诉讼制度的完善

股东直接诉讼是股东因自身权益遭受公司、董事及控制股东不法行为的侵害,为了维护自身利益,基于其公司出资人的身份而提起的诉讼.相对于派生诉讼而言,股东直接诉讼提起权对于股东而言具有更为重要的意义.只有赋予股东诉权才能使股东权益切实得到保护,只有赋予股东诉权才能建立起有效的公司治理结构.新<公司法>修正案,进一步明确了股东直接诉讼制度.通过增强股东权利和设定救济途径,保障投资安全,以达到维护股东合法权益的目的.     

论"多因一果"的侵权行为——兼论多数人侵权行为体系之建构

"多因一果"的侵权行为包括《人身损害赔偿司法解释》第3条规定的"直接结合"与"间接结合"两种情形.对于"直接结合"的侵权行为,《解释》的立场应予坚持.而对于"间接结合"的侵权行为,应由其行为与损害结果具有相当因果关系者单独承担责任,而非《解释》规定的按份责任.对于多数人侵权行为体系的建构,应考量行为、结果、主观与举证责任的负担等四个要素,不同要素的组合与运用深刻影响着共同侵权行为成立的正当性基础.     

论物权的特征——从物权与债权之区别为视角

物权是权利人对物的权利,物权关系反映了主体对客体物的支配关系和客体物对主体的归属关系,物权最明显的外在体现是物上请求权,具有直接支配性、独立性、排他性三大特征,而学者论述较多的物权的对世性、优先性、和公示性均不能成为物权的特征.     

(Re‐)join the party! The effects of direct democracy on party membership in Europe

It has been argued that political parties are in decline. While they used to be responsible for connecting citizens to the state by translating their preferences into policies, they have increasingly become part of the state, acting as governors instead. While this perspective emphasises parties’ representative function, it is less clear what their role is in a more direct democratic context. Parties may gain support due to such context, but they may also be seen increasingly redundant in a situation where citizens can co‐decide directly. Focusing on party membership, this study tests these rival expectations on a panel of 16 West European democracies over the period 1980–2008 and finds that parties tend to have higher levels of party membership in a direct democratic context. The usage of referendums, however, does not contribute to this effect.     

Variation in Bilateral Investment Treaty Provisions and Foreign Direct Investment Flows to China, 1997–2011

This article examines the differentisal effects of specific provisions included in China’s bilateral investment treaties (BITs) in inducing foreign direct investment (FDI). Empirical analysis yields some evidence suggesting that while the signing of a BIT does not necessarily boost FDI, the entry into force of a BIT does exert a strong effect on investment flows. More importantly, we find substantial evidence that BITs with stronger investment protection provisions such as absolute and relative standards of treatment and dispute settlement procedures are more likely to induce greater FDI flows. These results suggest that the variation in the institutional design of bilateral investment treaties strongly influences FDI flows by shaping foreign investors’ expectations of their asset security and the overall stability of the host country investment environment.     

Pressure sensitive adhesives and paper spray-mass spectrometry for the collection and analysis of fentanyl-related compounds from shipping materials

The rise of fentanyl and fentanyl analogs in the drug supply pose serious threats to public health. Much of these compounds enter the United States through shipping routes. Here we provide a method for fentanyl screening and analysis that utilizes pressure-sensitive adhesive (PSA) lined paper to recover drug residues from parcel-related surfaces. The paper used is commercially available repositionable notes (also called post-it or sticky notes). From this paper, mass spectra were obtained by paper spray-mass spectrometry (PS-MS), where PSA paper served as both a sampling and analysis substrate. Seven fentanyl-related compounds were analyzed: fentanyl, 4-anilino-N-phenethylpiperidine (4-ANPP), N,1-diphenethyl-N-phenylpiperidin-4-amine (phenethyl-4-ANPP), valerylfentanyl, 4-fluoroisobutyrylfentanyl (4-FIBF), carfentanil, and p-fluorofentanyl. These compounds were recovered by PSA paper and identified by PS-MS from packaging tape and plastic at 50 ng and from cardboard and shipping labels at 100 ng. The impact of cutting agents on PS-MS analysis of fentanyl analogs was explored. No trends of analyte suppression were found at high concentrations of the cutting agents caffeine, diphenhydramine, and lidocaine when recovered from surfaces. A cartridge that required no precise cutting of PSA paper prior to sampling or analysis was evaluated for use in PS-MS for fentanyl screening. Recovery and detection of fentanyl from plastic sheeting was demonstrated with this cut-free cartridge. The cut-free cartridge showed somewhat less consistency and lower analyte signal than the standard cartridge, but performance was suitable for potential screening applications. In combining PSA surface sampling with PS-MS for drug screening, both sampling and detection of fentanyl-related compounds is simple, rapid, and low-cost.     

Buttressing regulation of cognitive enhancement devices with principles of harm reduction

Maslen and colleagues offer an excellent model for regulating cognitive enhancement devices (CEDs), and we largely endorse their approach of extending medical device policy to include CEDs. Maslen et al. argue that since the risks and benefits of CEDs can be identified, consumers are best placed to evaluate the impact of these effects on their own wellbeing: ‘experts are to assess what the risks are, the consumer how much they matter’. In principle, we agree: consumers should be allowed to decide what risks are worth taking, but the situation is somewhat more complicated, for the evidence that consumers are in a strong position to evaluate the many risks associated with CED use is lacking. Indeed, a glance at online forums on CEDs suggests that undue risks are already being taken. Importantly, given the ease with which devices can be built using easily obtainable parts, overly tough regulation will not effectively curtail use, but rather push it underground. For these reasons, we suggest that any regulatory framework be buttressed by principles of harm reduction, providing real-world users with expert-backed recommendations for safe use. We argue for the development of tools that facilitate this dialogue, while recognizing the challenges in so doing.     

Determinants of FDI Into Turkey： A Componentwise Analysis

For two decades, the questions of what really motivates foreign investors to invest in a certain country remain unanswered and a controversial issue. Moreover, previous studies have overwhelmingly treated FDI （foreign direct investment） as unidimensional rather than multidimensional. In reality, FDI is rather multidimensional in that it is composed of components （equity capital, reinvested earnings, and other capital）, each with its intrinsic characteristics in response to the same economic fundamentals, such as growth, institutional quality, exchange rate, taxes, market size, skill abundance, etc. Therefore, the main objective of this study was to seek the major determinants of the total FDI inflows in Turkey by treating total FDI as multidimensional to avoid a distorted empirical prediction concerning the total FDI, which is greatly neglected in the FDI literature. Accordingly, the author employed the panel corrected standard error （PCSE） model for annual data between 2003 and 2012, he found that FDIs are responsive to the country risk （CR） indices of both Turkey and EU （European Union） and to the tax measures of 2006.     

推动金融创新 促进非公有制企业跨越发展——以贵州省为例

近年来,随着经济体制改革的推进和深化,贵州非公有制经济取得了长足发展,在整个国民经济中所占比重不断提高,对促进贵州经济社会发展发挥了重要作用。然而,融资难的问题始终是严重制约非公有制经济发展的瓶颈。破解非公有制经济融资难,是一项复杂的系统工程,需要健全非公有制企业政策法规体系、创新贵州知识产权质押贷款模式、建立规范的现代企业制度、推进贵州中小企业上市、发展完善非公有制企业贷款担保机构、积极发展民间融资等方式,拓宽非公有制企业融资渠道。