As Chinese practitioners and scholars ponder the scope of fiduciary obligations under the country’s company law,this paper offers a comparative perspective from German law.Although German corporate law has not reject...As Chinese practitioners and scholars ponder the scope of fiduciary obligations under the country’s company law,this paper offers a comparative perspective from German law.Although German corporate law has not rejected legal transplants,the common law trust has never been accepted as an organizational device for administering third-party funds or doing business.Nonetheless,the German judiciary has developed a sophisticated concept of fiduciary obligations where the statutes remain silent.This paper explores the application of fiduciary obligations to limited partnerships,limited liability companies,and stock corporations.It takes a membership perspective to ascertain the legal relationships between a corporation and its shareholder-members and among fellow-shareholders,as business entities evolve from personalistic to capitalistic settings.Fiduciary obligations also inform the relationship between the corporation and its directors and corporate officers.Although German law does not classify directors and corporate officers as the shareholders’direct trustees,shareholders stand nonetheless to benefit from the way directors and corporate offices discharge their duties towards the respective corporate entities.Moreover,criminal law rules on embezzlement operate to protect the corporation and the monies it administers from overly risky business projects.展开更多
Despite the universal messages of Bellini’s Norma,the attempts at translating and adapting it to a modern context in the revisionist spirit of Regieoper(the director’s opera)encounter serious difficulties,as indicat...Despite the universal messages of Bellini’s Norma,the attempts at translating and adapting it to a modern context in the revisionist spirit of Regieoper(the director’s opera)encounter serious difficulties,as indicated by recent productions.The present paper focuses on these difficulties by examining in detail what appear to be the most challenging,innovative and thought-provoking among those productions which,despite remarkable merits,suffer from acute shortcomings:inter alia certain incompatibilities with the libretto,cultural dissonances,and problems of inner-coherence and verisimilitude.The detailed analysis of specific productions is followed by a general discussion(through a comparative approach)of Norma’s adaptability to Regieoper,which is shown to be extremely difficult,among other reasons because the terms of reference to the dimensions of the historical context(and the inherent mores)in its libretto are by far less flexible than those of other operas.Norma’s universal messages and its dualities of“foreign”versus“familiar,”with their vast semantic ambit,would seem to be better understood by meticulously delving into the subtleties of the text(and subtext)of Romani’s sophisticated libretto.Inner-coherence and compatibility with the libretto are essential for any attempt at creating an appropriate analogy running parallel to the original narrative.A fully convincing production of Norma in a modernizing spirit,if at all possible,remains an artistic challenge.展开更多
EDITOR＇S NOTE： The National Human Rights Action Plan of China （2009-2010） has won favorable comments in China and abroad since its publication by the Information Office of the State Council on April 13, 2009. Here...EDITOR＇S NOTE： The National Human Rights Action Plan of China （2009-2010） has won favorable comments in China and abroad since its publication by the Information Office of the State Council on April 13, 2009. Here is a transcript of an interview given to our reporters by Wang Chen, director of the Office, on the Action Plan, which we hope will help our readers gain a better understanding of China＇s human rights cause and its development.展开更多
There are about 83 million disabled people in China, accounting for 6.34% of the total population, according to a national survey in 2006. As a disadvantaged group, the rights and interests of the disabled are arousin...There are about 83 million disabled people in China, accounting for 6.34% of the total population, according to a national survey in 2006. As a disadvantaged group, the rights and interests of the disabled are arousing more concerns from all walks of society in the country. Following is Human Rights＇ interview with Shen Zhifei, deputy general director of the China Disabled Persons＇ Federation, on the legal guarantee of the special group＇s rights and interests, their rehabilitation, education and employment.展开更多
文摘As Chinese practitioners and scholars ponder the scope of fiduciary obligations under the country’s company law,this paper offers a comparative perspective from German law.Although German corporate law has not rejected legal transplants,the common law trust has never been accepted as an organizational device for administering third-party funds or doing business.Nonetheless,the German judiciary has developed a sophisticated concept of fiduciary obligations where the statutes remain silent.This paper explores the application of fiduciary obligations to limited partnerships,limited liability companies,and stock corporations.It takes a membership perspective to ascertain the legal relationships between a corporation and its shareholder-members and among fellow-shareholders,as business entities evolve from personalistic to capitalistic settings.Fiduciary obligations also inform the relationship between the corporation and its directors and corporate officers.Although German law does not classify directors and corporate officers as the shareholders’direct trustees,shareholders stand nonetheless to benefit from the way directors and corporate offices discharge their duties towards the respective corporate entities.Moreover,criminal law rules on embezzlement operate to protect the corporation and the monies it administers from overly risky business projects.
文摘Despite the universal messages of Bellini’s Norma,the attempts at translating and adapting it to a modern context in the revisionist spirit of Regieoper(the director’s opera)encounter serious difficulties,as indicated by recent productions.The present paper focuses on these difficulties by examining in detail what appear to be the most challenging,innovative and thought-provoking among those productions which,despite remarkable merits,suffer from acute shortcomings:inter alia certain incompatibilities with the libretto,cultural dissonances,and problems of inner-coherence and verisimilitude.The detailed analysis of specific productions is followed by a general discussion(through a comparative approach)of Norma’s adaptability to Regieoper,which is shown to be extremely difficult,among other reasons because the terms of reference to the dimensions of the historical context(and the inherent mores)in its libretto are by far less flexible than those of other operas.Norma’s universal messages and its dualities of“foreign”versus“familiar,”with their vast semantic ambit,would seem to be better understood by meticulously delving into the subtleties of the text(and subtext)of Romani’s sophisticated libretto.Inner-coherence and compatibility with the libretto are essential for any attempt at creating an appropriate analogy running parallel to the original narrative.A fully convincing production of Norma in a modernizing spirit,if at all possible,remains an artistic challenge.
文摘EDITOR＇S NOTE： The National Human Rights Action Plan of China （2009-2010） has won favorable comments in China and abroad since its publication by the Information Office of the State Council on April 13, 2009. Here is a transcript of an interview given to our reporters by Wang Chen, director of the Office, on the Action Plan, which we hope will help our readers gain a better understanding of China＇s human rights cause and its development.
文摘There are about 83 million disabled people in China, accounting for 6.34% of the total population, according to a national survey in 2006. As a disadvantaged group, the rights and interests of the disabled are arousing more concerns from all walks of society in the country. Following is Human Rights＇ interview with Shen Zhifei, deputy general director of the China Disabled Persons＇ Federation, on the legal guarantee of the special group＇s rights and interests, their rehabilitation, education and employment.
