社会资本:民族区域自治的元制度分析--兼谈民族区域自治的善治问题

社会资本作为民族区域自治的元制度,其信任、规范和网络是建立和维护民族区域自治社会秩序的一种极为重要的工具,也是整合民族区域自治的社会"粘合剂".然而,社会资本也会在一定层面上阻碍民族区域自治的良好发展.民族区域自治善治的根本在于引导社会资本的再生产.     

Chinese Eastern Industrial Zone in Ethiopia: unpacking the enclave

Abstract

This paper examines China’s engagement with Africa through economic zones (EZs). It moves beyond the conceptualisation of EZs as undifferentiated enclaves of foreign investment to a dynamic perspective on the locally negotiated process of zone development. Such a perspective entails critical unpacking of the specific zone regime to understand the diverse and evolving relationships among different state and non-state actors. Drawing upon empirical research on the Eastern Industrial Zone (EIZ) in Ethiopia, we explore the complex process of learning and adaptation by government, developers, investors, and workers throughout the development of a zone regime, with specific attention to capital–labour and expatriate–local relations. We find that despite the EIZ being a state-level cooperation project, private Chinese developers work diligently with the Ethiopian government to improve the institutional support for EZs. Chinese investors also collectively generate a management regime to enhance their overseas operational capacity and experiment with various tactics to transform local recruits into an industrial workforce. Local workers, with limited protection by official labour unions, turn to individual- and group-based agency to improve their working conditions. Despite the momentum created by multiple stakeholders, there are concerns regarding the long-term contributions of EZs to engender sustained industrial transformation and skills development.     

A mob for hire? Unpacking older women’s political activism in Kyrgyzstan

This article explores the politics of older women in post-Soviet Kyrgyzstan, who have emerged as informal leaders in urban neighbourhoods to ‘speak for the poor’ to the state. Their mediating role is crucial for understanding community micro-politics, women’s political agency and more broadly state–society relations in the post-Soviet context. Drawing on in-depth interviews with older female informal leaders, the paper examines their political legitimacy and modes of mediation with the state and elites. Using Bourdieu’s concepts of political capital and ‘double dealings’, the paper argues that older women are important informal mediators, whose representational practices involve communal leadership, protest activism, bargaining and vote mobilization. Their multitasking roles are necessitated by their legitimation struggles and elites’ strategies of state capture. The article challenges the dominant media representation of older women activists as ‘a mob for hire’ and offers a more nuanced account of older women’s politics, addressing a blind spot in the literature on politics in Central Asia.     

Labor market integration of returned educational migrants in Turkmenistan

Turkmenistan has experienced increasing educational migration, and many of these students hope to return home after graduating. The ability of returned migrants to succeed in Turkmenistan’s labor market is complicated by a variety of factors, including variation in educational quality across countries, intrusive state regulation of foreign education, and Turkmenistan’s large informal sector. Based on a survey of 98 Turkmen citizens, this study compares the career trajectories and perceptions of the labor market of people educated in Turkmenistan to those educated elsewhere. Because men and women undertake different strategies of educational migration, it also compares patterns of labor market integration by gender. Country of education does appear to matter for employment in Turkmenistan, but the effect is most prominent immediately after graduation. Women were less likely to be employed in Turkmenistan, partly because they were more likely to have been educated abroad, and more likely to have a partner abroad.     

Transnationality and diaspora advocacy: lessons from disaster

A number of catastrophic disasters in the last decade have raised questions about their transnational impacts and about the role of the diaspora. The 2010 Haiti earthquake, the focus of our study, provided a lens to further our understanding of evolving conceptualizations about transnationalism, transmigrants, and social capital. We hypothesize that sustained ‘intensive transnationalism’ by diaspora and linking forms of social capital between diaspora, other civil society organizations and advocacy groups, and government institutions are critical during post-disaster recovery in affected nation states and in countries to which survivors turn for refuge. We conducted 103 in-depth, semi-structured interviews with a wide range of civil society actors in South Florida, Boston, New York, Atlanta, and Washington DC between June 2010 and June 2015. We found that linking forms of social capital were more important after the earthquake than in previous disasters. Overall, the longevity and variety of Haitian diaspora advocacy work, particularly in immigration, have resulted in broader social networks and alliances, work groups, task forces, interfaith coalitions, and support groups to address complex social and policy issues.     

Imprisonment and co-offending: results from a 10-year follow-up study

A recurring question in criminological research is whether prisoners meet new accomplices in prison. This article’s objective is to study co-offending among individuals who have served prison sentences. The frequency of co-offending among individuals who have been in the same prison at the same time will be examined. If gender, age, type of prison, offence type and prior experience of co-offending are significant for this type of co-offending will also be examined. The study population comprised all inmates released from a Swedish prison during a half year in 2001–2002 (n = 3.930). The follow-up period is 10 years. The results show that only 3% of those who have been in the same prison at the same time are suspected of committing offences together subsequent to release. The likelihood of being suspected of committing an offence together following the conclusion of a joint stay in the same prison is higher for those released from a closed prison who are aged 31–40, and who had committed large proportion of their offences together with others prior to the relevant prison sentence. The results suggest that the concept of criminal capital is not important for future co-offending after a joint stay in prison.     

论公司债权人对未出资股东及利害关系人的求偿权

公司债权人有权要求未出资股东承担补充赔偿责任的请求权,在公司法改采认缴资本制后,其重要性日益凸显。这种求偿权只有当公司已经丧失偿付能力且股东未履行出资义务时,才得以触发。它的实现有赖于公司债权人拥有知情权和举证责任的合理分配。未出资股东对公司债权人承担的是法定保证责任,司法解释将其设定为一次性责任存在着疏漏;未出资股东的利害关系人承担的则是以资本充实责任为基础的连带责任,此种责任在我国立法上既失之过窄,又失之过严。公司债权人的补充赔偿请求权具有比较优势,待时机成熟应将其上升为公司法层面的制度。     

人力资本出资的可行性研究

知识经济时代,人力资本受到前所未有的重视,因而以人力资本出资在企业中分享股权已是大势所趋,然而新修改的《公司法》却否定了人力资本的出资。文章通过讨论人力资本出资在当前企业经营中所起到的积极作用,揭示了人力资本出资的必要性和合理性,并根据人力资本独特的特征设计了人力资本出资的形式制度构架。     

有限责任公司瑕疵出资股东的民事责任

我国《公司法》中特别是有限责任公司立法中对股东瑕疵出资的法律责任、股权丧失等存在不足和空白,造成审判实践中法律适用难的局面。文章对如何判断股东是否瑕疵出资,瑕疵出资的股东对公司以及其他股东应承担何种民事责任,瑕疵出资的股东是否会失权的问题进行了分析和探究,并提出对现行法律的完善建议。     

消防人力资本积累探析

经济发展提高了社会对消防安全服务的需求,消防人力资本的积累是提升消防救援效率的有效途径。通过探索消防人力资本积累的途径,分析影响消防人力资本积累的主客因素,提出提高消防人力资本积累的措施：推进院校体制改革,建立“职业能力”定位的在职培训体系,构建适应消防官兵需求的社会保障机制,改革消防人力资本流动制度,建立有效的激励体制。