上市公司治理目标的辨析与重构

由于上市传统公司治理目标遭遇了可持续发展难题,带来了一系列社会负面问题。公司社会责任理论提出上市公司在追求股东经济利益的同时,应充分保障利益相关者的共同利益,但其却未设计出具有可操作性的实现路径。上市公司治理目标的重构要基于可持续发展,在其治理政策中实现营利与社会责任的协调,而营利与社会责任目标的协调要依靠法律与市场机制、公司自身的共同作用。这也将导致公司治理模式不再固定化。     

Heaven's Talent Scout: Prime Ministerial Power,Ecclesiastical Patronage and the Governance of Britain

In the last decade the role of the Prime Minister in the process for making senior Church appointments has changed significantly. The man who replaces Dr Rowan Williams—and it will be a man—will be appointed through a procedure in which the Prime Minister is expected to enjoy no choice but to simply confirm the Church of England's preferred candidate. The aim of this article is to draw upon fresh empirical research in order to explore why and how the politics and governance of ecclesiastical patronage has been recalibrated in this way. More importantly this article seeks to embed the study of ecclesiastical patronage within a much broader appreciation of how other forms of ministerial patronage have also become tightly constrained. This, in itself, forges a connection between the role of politicians in senior Church appointments, on the one hand, and a much richer and broader seam of research and writing that poses distinct questions about the nature of modern governance, the benefits of depoliticisation, the accountability of appointment commissions, the capacity of politicians and the future of democracy.     

New Labour,racism and ‘new’ football in England

ABSTRACT

Bradbury and Williams begin by examining aspects of the genealogy of incidents of fan racism at the Spain v. England international football match in Madrid on 17 November 2004, and the public outcry in Britain that followed. They raise questions about the possible ‘strategic mobilization’ by Spanish fans of apparently racist epithets as a response to the use, by the English football authorities before the match, of prominent anti-racism symbolism. The main body of the article then considers the British public response to Madrid within the context of the Blairite New Labour policy on football racism in England from the late 1990s. It argues that Labour's Football Task Force from 1997 constituted an entirely new direction for sport and government policy in Britain. However, by drawing on the comments of some of the key figures involved, Bradbury and Williams further contend that, both structurally and ideologically, the Task Force was preset to limit its own investigations on the nature and effects of racism, specifically in the English game. Although the Task Force's report, Eliminating Racism in Football, has had some positive effects—for example, on Football Association policy or in stimulating local anti-racist initiatives—its narrow focus and its relatively underdeveloped understanding of the racism problem in professional sport led its members to de-emphasize the significance of forms of institutionalized racism within English football. Research and commentaries on racism in the English game since that report was published in 1998 suggest that problems of racialized exclusion in football remain. Bradbury and Williams conclude that the public outrage in Britain about the incidents in Madrid reflect an over-concentration on silencing public expressions of racism—combating overt, collective fan outbreaks—at the expense of addressing the racialized structures of power that continue to shape access, opportunities and acceptance of ethnic minorities within professional football in England.     

Greening Constitutions with Environmental Rights: Testing the Isomorphism Thesis

Why do some countries have constitutional environmental rights while others do not? In this paper, I conduct statistical analyses to respond to this inquiry. Through studying the impact of intraregional constitutional design, I aim to understand why states adopt environmental rights. I argue that regional isomorphism—i.e., the tendency among states within a region to converge on certain policies—may explain the trend toward constitutionalization of environmental rights. In this paper I (1) define and provide historical background on environmental rights, (2) describe theories which support regional isomorphism as a means of explaining the adoption of constitutional environmental rights, and (3) conduct statistical tests to determine the validity of the regional isomorphism thesis. I find that the enactment of constitutional environmental rights within a region does not increase the likelihood that another state within the same region will include environmental rights within its constitution.     

Nonpunctuated and Sweeping Policy Change: Bhutan Tobacco Policy Making from 1991 to 2009

This paper examines policy outputs associated with the 2004 Bhutan antitobacco law, including 2009 amendments, to determine if the law is congruent with punctuated equilibrium or social policy realism theories of policy change. There was no direct and sudden tobacco policy output change in Bhutan due to a shock to the policy system contrary to what punctuated equilibrium theory would predict. Rather, policy change was sweeping but nonpunctuated. This paper reconfirms prior findings of social policy realism theory that various and complex policy output patterns occur due to a mixture of contingent and complex factors. Under social policy realism, a complex interplay of factors drive policy with the state, corporate actors, and interest groups, and the market often playing a primary role. These complex policy outputs have a direct impact on society and the natural environment reflected in government policy output actions or inactions.     

Experimentalist governance in the EU: The emperor's new clothes?

Most students of the EU agree by now that it is best described as a governance system. There is far less consensus on what kind of governance the EU actually features: modern, postmodern, network, cooperative, innovative or simply new? Sabel and Zeitlin have advanced yet another concept. This paper discusses the added value of their “experimentalist governance” (EG), as presented in an edited volume published in 2010, for understanding and explaining the nature of EU policymaking, addressing four questions: First, to what extent is EG distinct from existing concepts of governance? Second, how pervasive is EG in the EU when compared to alternative forms of governance? Third, what is the effect of EG on EU policy outcomes, on the one hand, and the overall architecture of the EU, on the other? Finally, does EG solve or exacerbate the EU's democratic deficit?     

大学章程的框架体系、治理结构、制度要素与生成机制——基于十所高校章程的文本比较

大学章程通常应当包含序言、总则、学校功能与教育形式、办学活动、管理体制与运行机制、教职员工、学生和校友、经费资产与财务管理、举办者与学校的关系以及学校的权利义务、外部关系、学校标志,以及附则等内容,由此形成大学章程的框架体系。大学章程确立大学的治理结构,包括纵向和横向两个方面,涉及学校党委（党委会、纪委）、学校行政（校长）、学术机构（学术委员会、学位委员会等）、教授／教职员工（教授会议、教职工代表大会）和群团组织之间的关系,以及学校与教学科研单位的“校一院（系）”两级或“校一学部一院（系）三级关系。与大学治理基本格局相匹配,大学内部的治理制度主要包括：大学法人制度、党委领导下的校长负责制、教授治学制度、民主管理制度、学院管理制度、教师管理制度、学生管理制度,等等。大学制定章程并依章治校是当前大学管理制度改革的重大课题,明确大学立章体制具有重要的现实意义。现阶段大学章程理想的生成机制可以设想为：学校专门成立章程起草委员会,形成学校章程草案,面向师生员工公布草案征集意见,党委会或者党政联席会议、校长办公会等对章程进行审议和审定,校长提交教职工代表大会审议通过,报教育行政主管部门备案。     

“有为而治”彰显高效 “无为而管”考量智慧——香港基层治理体制及社区建设启示

香港居民自治和基层治理体制及社区建设模式很有特色。概括起来,“有为而治”体现在政府制定芾1J度与规章,维护法律与社会秩序,对整个城市和社会实行宏观层面的治理;而“无为而管”则充分表现在发扬民主自治、人本管理和权责明确。“有为而治”彰显香港政府管理的高效,“无为而管”更多考量的是政府的胸襟与智慧。学习香港政府这种“有为”与“无为”灵活熟练的管理之道,学会该管的到位,绝不推卸,事无巨细,不该管的或管不好的放手,绝不掺和,彻彻底底,这对于当前贵阳市城市基层管理体制机制的创新很有帮助。     

跨界治理视阈下我国危机管理跨省际合作机制探究

本文通过对危机管理视角梳理,提出一个新的理论视角——危机管理跨省际合作,通过对建构这一机制的理论基础的阐述,发现这一机制存在的主要障碍,最终寻求合理途径提出相应对策。     

Paradoxes and Failures: ‘New Governance’ Techniques and the Financial Crisis

This article examines the performance of four ‘new governance’ techniques of regulation in the period leading up to the financial crisis: principles based regulation, risk based regulation, meta‐regulation and enrolment. These techniques have been advocated on the basis that they are responsive, flexible, and in enrolling others in the regulatory project thereby expand its capacity, and even its legitimacy. However, experience in the crisis revealed that in their implementation they can be out of touch or indulgent, focus heavily on auditable systems and processes, and that in enrolling others they can increase vulnerabilities and the potential for negative endogenous effects. The argument is not that there should be a return to adversarial ‘command and control’ regulation, rather that experience of these strategies in the crisis suggests a need to understand in greater depth the refractive effects of the organisational, technical/functional and cognitive dimensions of regulatory governance, if we are to understand and adapt its performance in different contexts.