欧美并购控制法实体标准比较研究

实体标准是整个并购控制体系的核心 ,也是反垄断法的重要内容之一。欧盟最新并购控制立法确立的“严重妨碍有效竞争”实体标准与美国奉行的“实质性减少竞争”标准一样都反映着并购控制的本质。欧美采取大同小异的并购实体标准有利于推动国际跨国并购审查结果的一致性 ,促进并购活动的发展。我国应确立“严重妨害正当竞争”实体标准并配套颁布并购评估指南 ,注重并购审查的经济分析     

Psychological factors influencing religious congregation members’ reporting of alleged sexual abuse

ABSTRACT

The sexual abuse of children within religious institutions has become a topic of increasing public concern in recent decades. However, to date there has been little in the way of psychological analyses of the processes by which congregation members judge the credibility of alleged abuses, or whether they would intend to report such allegations to the police. In this study, we examined the roles of ingroup identity, moral foundations, and social dominance orientation on reporting intentions and allegation credibility assessments among Church of England congregation members (n?=?454) and non-religious controls (n?=?457). While there were few predictors of reporting intentions, we found that churchgoers were consistently more sceptical of allegations of abuse, with these trends being differentially moderated by ingroup identification, the endorsement of various moral impulses, and anti-egalitarianism. We discuss our data in light of ongoing attempts to improve reporting procedures within the Church.     

Online platforms and pricing: Adapting abuse of dominance assessments to the economic reality of free products

Online platforms, which are at the forefront of today's economy, are subject to intensive competition law enforcement. However, the platform business model presents challenges for the application of competition law. Most notably, they appear to offer consumers a great number of their products for free. The explanation for most of these supposedly free products is offered by two-sided market theory: consumers may not be paying, but the ‘other’ side of the market is. This other side of the market often consists of advertisers, which pay the platform for access to the consumers’ information (to target advertisements) and attention (to show the advertisements). As many of these platforms are now potentially dominant, they come within the scope of competition law's abuse of dominance provision, including the doctrines of predatory and excessive pricing. These price-based theories need to adapt to the often price-less platform business model in order to prevent competition authorities from making both type I and type II enforcement errors. At the same time, competition law enforcement needs to consider—and at times give priority to—other branches of law that address abusive behaviour concerning free products. Through the use of case studies, this article therefore suggests ways in which abuse of dominance assessments can take into account the economic reality of free products.     

Influence of acculturation strategies on the judgement and punishment of an offender of North African descent

Very few studies have examined the influence of the acculturation strategies of an offender of foreign descent on the way a third party judges the personality and action of that offender. The aim of our study was thus to measure the effect of three variables (Seriousness of the harm suffered by the victim; Type of acculturation strategy of the offender; Level of Social Dominance Orientation [SDO]) of the person making the judgement) on the judgements and decisions made by a sample of students faced with a situation of physical aggression committed by a man of North African descent living in France. After reading a scenario describing a criminal act committed by a man of North African descent, who had or had not adopted French culture, 168 French students completed a judgement scale concerning the criminal act and the offender and an SDO scale. The results show that the crime was perceived as less serious when the perpetrator had adopted French culture than when he had not. The perpetrator was also judged less severely. Participants with higher levels of SDO advocated harsher punishment and attributed the crime to the offender’s personality. We discuss these results and identify new avenues for research.     

Namibia: Consensus institutions and majoritarian politics

This article assesses the utility of Arend Lijphart's classification scheme of democracies by means of a case study of Namibia. In particular, the article examines whether Namibia represents a case of consensus democracy, based on institutional criteria within the power-sharing and power-division dimensions, as developed in Lijphart's Patterns of Democracy (1999). The application of the ten criteria results in a mixed outcome, with an overall modal value of ‘moderately consensus’, a modal value of strongly majoritarian for the executive-parties dimension, and moderately consensus for the federal-executive dimension. The highly varied scores for each of the criteria, particularly within the first of Lijphart's two dimensions, present several problems. It is argued that the statistical modal value represents a distorted image of Namibian politics. Namibia scores consistently on the majoritarian side for criteria which conceptually concern the essence of the consensus modal. Moreover, apparent consensus features such as tripartite institutions, bicameralism, and a rigid constitution do not ‘behave’ as such due to one-party dominance, and neither does proportional representation produce consensus politics. Lijphart's criteria are too formal, and should not receive equal weight. The article concludes that power-sharing is better investigated by focusing on just two criteria, namely the party system and the strongly related criterion of government coalitions. Moreover, it is essential to examine political behaviour, in particular of governing elites, to look for the presence of cooperation and compromise, paradoxically issues which were more prominent in Lijphart's earlier work.     

罪犯间相互关系之隐显性分析研究

监狱管理矫正罪犯,不仅要关注个体罪犯的心理行为特征,更应关注了解罪犯相互之间的人际关系,才能更准确更有效地进行管理,更有目的地进行矫正。同时不仅要关注罪犯外在的显而易见的显性关系,更要对隐性的内在关系予以揭示、引导,确保犯人群体人际关系良性循环。     

改革开放 40 年来中国企业员工集体离职机制的 典型案例研究

企业员工集体离职对相关组织和员工群体影响深远。本研究从 1978—2021 年中国知网（CNKI） 4 类论文数据库及报纸 1 类新闻数据库中，甄选出我国 102 个企业员工集体离职典型案例。研究发现：集体离 职集中发生在时代的热门行业、朝阳产业，其中制造业、IT 业的集体离职始终处于焦点；集体离职的主要原 因是个体自身因素、企业内部因素以及二者互动因素；集体离职的直接原因同样主要在内因，成为集体离职的 “导火索”或“催化剂”。研究提炼出企业员工集体离职影响因素和作用机制模型、企业员工集体离职主要原 因和直接原因作用模型。基于此，研究建议：预防集体离职需整体上更加关注企业的内部管理，化解集体离职 需避免主要原因的积累，缓解集体离职还需注意直接原因的作用。     

试论科学发展观的理论基础和实践基础

党的十六届三中全会确立的科学发展观,以马克思主义人的全面发展的基本观点为理论基础,以中国改革开放伟大实践为社会实践基础,是中国特色社会主义建设经验的总结,是中国共产党对现代化建设指导思想的重大发展,是全面建设小康社会的战略原则和理论指导。     

汉语的性别差异研究综述

语言的性别差异目前是社会语言学研究的一个重要问题,汉语性别差异的专门研究起步较晚,但最近30年有不少研究成果问世,主要围绕语言表现和言语交际的性别差异展开,具体体现在语音、词汇、会话场景和语境等诸多方面。从中显现的性别歧视和语言表达风格的差异可以合理运用西方理论框架来分析解释,即可以通过社会建构的概念,在支配和文化差异的方法间找到一个折衷。