商业银行并购的法律性质及其制度完善

商业银行并购行为具有多重法律性质,对其进行调整的法律体系应当体现意思自治、效率、反垄断等基本原则。我国现有商业银行并购法律未能严格遵循以上原则且缺乏系统性。有必要在准确把握银行并购法律性质的基础上制定《商业银行并购条例》,完善银行并购民事合同制度、申报审批以及反垄断制度等,从而有效地维护我国银行业金融体系安全和金融市场发展。     

Rights in Criminal Law in the Light of a Will Theory

The will theory of rights has so far been considered incapable of capturing individual rights under criminal law. Adherents of the will theory, therefore, have defended the claim that criminal law does not assign rights to individuals. In this article I argue first, that criminal law does assign individual rights and second, that the will theory of rights may enhance our understanding of these rights. The two major implications of the account are: a volenti non fit iniuria principle for criminal law, and a theoretical framework for an idea of punishment as restitution.     

自然法抑或实证法——理性与意志视野下的美国宪法

在看待美国宪法观念中,一种观念将美国宪法视为自然法或高级法的摹本,认为美国宪法的特征在于人类凭借理性发现和宣布了自然法或高级法;另一种观念则将美国宪法视为纯粹的人民主权的意志表达。这两种观念都存在一定的曲解:美国宪法其实和古典自然法之间存在着巨大的断裂,是一种现代自然权利体系之下的人为宪法,但这种宪法并不是未经筛选的人民意志的表达,而是理性引导之下的意志表达。美国宪法的这种特征要求当代的法律人政治家既不能神话宪法,也不能轻视宪法,而是要求将宪法视为政治科学的教材,通过理解与对话来提升理性,从而思考宪法在当代的挑战。     

Oversight Effectiveness and Political Will: Some Lessons from West Africa

The purpose of the present note is to advance two theoretical claims. The first claim proposed is that the impact of the availability of oversight tools and of the most broadly understood legislative capacity (availability of material, technical, financial resources; availability of well-trained staff) on the effectiveness with which legislative oversight is performed is conditional. The second claim put forward, after reviewing a rich body of work on executive–legislative relations and legislative oversight in West Africa, is that, of the various conditions that promote or prevent the effective use of oversight tools and capacity, political will is the single most important. These claims have both theoretical and practical relevance, for if political will is as important as is claimed for the effective performance of the oversight function, then international organisations may have to reconsider their approach to legislative strengthening.     

公司章程效力探析

公司章程的效力问题一直是司法实践中的难题,从现行法律规定出发,就公司章程对于公司设立的效力,公司章程的应当记载事项和任意记载事项,公司章程的违法性认定以及有限责任公司章程个别化思考阐述公司章程的效力问题。     

Intergenerational transmission of longevity is not affected by other familial factors: evidence from 16,905 Dutch families from Zeeland, 1812-1962

ABSTRACT

Studies have shown that long-lived individuals seem to pass their survival advantage on to their offspring. Offspring of long-lived parents had a lifelong survival advantage over individuals without long-lived parents, making them more likely to become long-lived themselves. We test whether the survival advantage enjoyed by offspring of long-lived individuals is explained by environmental factors. 101,577 individuals from 16,905 families in the 1812–1886 Zeeland cohort were followed over time. To prevent that certain families were overrepresented in our data, disjoint family trees were selected. Offspring was included if the age at death of both parents was known. Our analyses show that multiple familial resources are associated with survival within the first 5 years of life, with stronger maternal than paternal effects. However, between ages 5 and 100 both parents contribute equally to offspring’s survival chances. After age 5, offspring of long-lived fathers and long-lived mothers had a 16-19% lower chance of dying at any given point in time than individuals without long-lived parents. This survival advantage is most likely genetic in nature, as it could not be explained by other, tested familial resources and is transmitted equally by fathers and mothers.     

Criminal Careers in Cyberspace: Examining Website Failure within Child Exploitation Networks

Publically accessible, illegal, websites represent an additional challenge for control agencies, but also an opportunity for researchers to monitor, in real time, changes in criminal careers. Using a repeated measures design, we examine evolution in the networks that form around child exploitation (CE) websites, over a period of 60 weeks, and determine which criminal career dimensions predict website failure. Network data were collected using a custom-designed web-crawler. Baseline survival rates were compared to networks surrounding (legal) sexuality and sports websites. Websites containing CE material were no more likely to fail than comparisons. Cox regression analyses suggest that increased volumes of CE code words and images are associated with premature failure. Websites that are more popular have higher odds of survival. We show that traditional criminal career dimensions can be transferred to the context of online CE and constitute some of the key determinants of an interrupted career.     

Legislative oversight in Nigeria: an empirical review and assessment

This article builds upon and extends the analyses presented by Fashagba (2009) and drills down on the analyses of oversight in Nigeria presented by Pelizzo and Stapenhurst (2014). It presents more nuanced findings. Based on an in-country document search and 45 personal interviews with politicians, parliamentary staff, civil society representatives and journalists, the article demonstrates that the Nigerian National Assembly possesses the tools and constitutional powers to undertake oversight; what it lacks so far is the political will of National Assembly representatives and senators to use these tools and powers effectively.     

From Maltreatment to Delinquency: Service Trajectories After a First Intervention of Child Protection Services

The relationship between maltreatment in childhood and delinquency in adolescence is recognized. However, the data available do not reveal what proportion of children under the supervision of child protection services (CPS) later transfer to youth legal services, nor the sequence of services provided by these two systems. This study sketches a preliminary portrait of Youth Criminal Justice Act (YCJA) incidence among Quebec children and adolescents as a consequence of a first crime after initial CPS case closure (N = 14,252). It quantifies the scope of the phenomenon and identifies the best predictors of YCJA incidence from among the administrative data available. Survival analysis revealed a 15.4% YCJA incidence for the entire cohort in the five and a half years following termination of initial intervention; boys between 12 and 17 years old when their initial CPS cases were closed were at the greatest risk (27.2%).     

Competing Risks, Persistence, and Desistance in Analyzing Recidivism

A statistical procedure is developed to analyze recidivism in samples whichare subject to the presence of desisters and to multiple modes ofreconviction. This allows for a more accurate study of individuals'transition and hazard in the type and timing of offenses following aspecific type of conviction. The use of a nonparametric approach forinvestigating failure in the presence of other acting causes is shown;initial estimators of the probabilities of reconviction for different typesof offenses are obtained, and the method can be used both to display thedata and to choose an appropriate parametric family for the survivaltimes. An exponential mixture model for competing risks is presented insuch a way that it allows us to adjust for concomitant variables and toassess their effects on the probabilities both of reconviction forpredetermined types of offenses and desistance and of the hazards ofreconviction; a method for assessing calibration of predicted survivalprobabilities is suggested. A 21-year follow-up of persons convicted ofindecent assault on a female in 1973 illustrates the methods; we find ahigh probability of sexual reconviction for individuals with previoussexual convictions and evidence of diversity and a raised hazard ofreconviction for young chronic offenders.