阿拉伯国际商贸中的代理制度

现代贸易合作必须在规则中展开,要发展和拓展阿拉伯国家各种现实与潜在市场,必须了解、研究、熟悉阿拉伯"商规",其中货物贸易既是阿拉伯商贸传统强项又是当代贸易流通的现实领域,一些阿拉伯国家制定商贸代理法,是一种市场准入与合作共赢的制度安排,构成阿拉伯"商规"的组成部分之一。     

The Taliban: a new proxy for Iran in Afghanistan?

Abstract

Iran has pursued a highly contradictory policy towards Afghanistan. On the one hand, it became a significant beneficiary of the overthrow of the Taliban regime by the US-led military intervention in 2001 in Afghanistan. The new Afghan government established cordial ties with Iran, allowing it to expand its political, economic and cultural influence in the country. Yet Iran has also provided significant support to the Taliban in its campaign to violently upend the political, social and economic processes in the country. This article examines the underlying domestic and regional security dynamics that contribute to this contradictory behaviour. It offers an assessment of how tensions between the United States and the Islamic Republic, as well as Tehran’s growing threat perception following the rise of the Islamic State – Khorasan in 2014, impact on Iran’s policy towards the Taliban. The paper argues that Tehran views the Taliban as an instrument to disrupt the influence of other actors in Afghanistan. The instrumentalisation of the Taliban, however, is likely to be counterproductive for Iranian security in the long run as it contributes to Afghanistan’s instability and insecurity and undermines Iran’s own long-term interests.     

我国上市公司委托书征集立法研究

我国现行有关委托书征集的立法主要是委托授权的内容 ,对于征集行为还没有明确、详细的规范。随着我国上市公司股权结构的日趋多元化 ,委托书征集(包括委托书争夺 )现象将会不断发生。证券监管部门应在考察我国资本市场现状和今后发展趋势的基础上 ,借鉴其他国家相关立法 ,尽快制定有关委托书征集规则。     

论投票权征集制度中的代理权

本文共分三个部分第一部分总结了投票权征集制度中的代理权不同于一般代理权的特征;第二部分在第一部分的基础上进一步分析了投票权征集制度中的代理权不同于一般代理权的特殊权利义务内容;第三部分又在第二部分的基础上,对我国在投票权征集方面的立法提出了三点具体的建议。     

论公民代理行为的性质及其法律适用

诉讼活动中公民代理行为具有合同性和劳务性。取得劳动报酬权是宪法所赋予公民的基本人权———劳动权的重要内容。公民代理行为由宪法以及体现其分配原则的劳动法和合同法来调整。任何法律和政策的制定都不可以剥夺公民的劳动权及其劳动报酬权 ,否定公民代理人行为的劳务性 ,将它们视为一种无偿劳动的做法 ,是在事实上违背了宪法所确定的“按劳分配”的社会主义分配原则 ,是对劳动者劳动权及其劳动价值的一种否定 ,也不符合合同法的基本精神。     

The Jenin Initiative: Counterinsurgency by Capacity Building

In late 2008, as negotiations between the Israelis and the Palestinians faltered, the US directed the Jenin Initiative on the ground in the West Bank. Designed to inspire confidence in Washington’s security-driven ‘West Bank First’ strategy, the Jenin Initiative married economic development to security sector reform under the Palestinian Authority. Drawing on the perspectives of those responsible for implementing the Jenin Initiative, this article reveals how counterinsurgency doctrine transplanted from the ‘war on terror’ shaped US interventions that built capacity in the Palestinian Authority. The Jenin Initiative exposes the extent of US intervention to create an effective apparatus of Palestinian self-policing to enhance – but not replace – that of the Israeli occupation.     

论上市公司股东代理权征集滥用的规制--以新《证券法》第90条为对象

股东代理权征集对上市公司治理具有"双刃剑"的作用,其优势与弊端共存的特性使其更需严格规制以防止被滥用。从法理层面进行分析、并结合以往征集投票权实践所暴露的问题可知,新《证券法》第90条相比以前法律规范虽有重大进步,但仍存在对代理权征集滥用规制的不足。可以运用代理人道德风险理论、信义义务理论解释和规制代理权征集滥用行为。分析新《证券法》第90条规定可知,对征集人资格、条件和行使权利程序规定的不足,对征集过程中信息披露和违法征集损害赔偿责任等事项的粗放式规定都可能带来代理权征集的滥用。为了更有效地规制代理权征集滥用行为,应从限缩征集人资格和条件、确立代理权征集决策程序的内部控制机制、强制披露包括征集目的在内的法定信息披露制度和差异化信息披露制度、实施证券"看门人"见证制度等入手,进一步完善新《证券法》第90条规定和加强对代理权征集滥用的规制。     

Violence,Guns, and Suicide in New Orleans: Results from a Qualitative Study of Recent Suicide Decedents

Many Americans own guns to protect themselves against other people, but there is evidence that both victimization and gun access increase suicide risk. We conducted qualitative interviews with informants of 17 suicide cases in New Orleans of the 60 who died between January 2015 and April 2016 to understand the relationship between past trauma, gun access and storage, and suicide. Nine cases had experienced a past trauma, including three who had recently had a family member killed by homicide. Eight died via firearm; of those, seven owned the guns they used to take their lives and stored them locked (but loaded) at home or in their cars. Preventing community violence and addressing its sequelae may be important for reducing suicides. A multi‐pronged strategy consisting of policies, education, and marketing will likely be needed to address the risk of suicide conferred by gun access.     

Mothers on Trial: Discourses of Cot Death and Munchausen’s Syndrome by Proxy

This article explores some of the issues raised by Munchausens Syndrome by Proxy (MSbP) and the relationship between medicine and law, specifically the discourses which feature in the courtroom portraying motherhood and expectations of parenting. These discourses are often hidden yet play a determining role in prosecutions for alleged maltreatment of children involving medically unexplained infant death syndrome. We offer a critique of MSbP and seek to unveil the assumptions about mothers, the parent predominantly affected by the diagnosis, and mothering that underlie the association of women accused of deliberating harming their children. We suggest such insights are valuable because although the syndrome has never acquired a clear medical or legal definition, it has had repeated appearances in the literature and courtroom over the last 25 years and has more recently attracted attention from government, health care practitioners, academics and the media. We explore these issues through an examination of two recent Court of Appeal decisions in England: those of Sally Clark and Angela Cannings.     

State and Local Prevalence of Firearms Ownership Measurement, Structure, and Trends

Of the readily computed proxies for the prevalence of gun ownership, one, the percentage of suicides committed with a gun, is most highly correlated with survey-based estimates. It is the best choice for use in cross-section analysis of the effect of gun prevalence on crime patterns across states and larger counties.Analysis of this proxy measure for the period 1979–1997 demonstrates that the geographic structure of gun ownership has been highly stable. That structure is closely linked to rural tradition. There is, however, some tendency toward homogenization over this period, with high-prevalence states trending down and low-prevalence states trending up.