关于同意建信基金管理有限责任公司修改公司章程、变更公司住所的批复

2007年9月24日证监基金字[2007]259号建信基金管理有限责任公司:你公司报送的《关于申请批准【建信基金管理有限责任公司章程(修正案)】和公司住所变更材料的请示》(建信报[2007]060号)及相关申请文件收悉。根据《公司法》、《证券投资基金法》。

梁任公文献学中的中西情缘

梁启超是中国近代以来著名的学人,其研究的范畴可谓是涉猎甚广,虽然在政治方面的研究相当丰富,但其对文化方面的研究亦不曾懈怠。由于其一生正处于中外时局动荡之际,现代潮流与古老传统碰撞之际,因此,其在诸学方面既继承了儒学的传统基因,亦博采当时世界的先进理念,正是在这种新旧交融的理念之下,梁启超在诸多领域的研究于当时也极具前瞻性。本文以梁启超在其文献学方面的主要成果为出发点,对其学术研究所取得的成就和研究特点作一个梳理,以传圣贤之道,兹益众人。

Compensatory Damages in Personal Information Public Interest Litigation in China: Challenges and Prospects

In contrast to private interest litigation,public interest litigation provides a more potent solution to personal information infringements marked by extensive scope,unspecified victims,and limited individual loss.However,com⁃pensatory damages remain a contentious issue,both in theory and in practice,within the legal framework of personal in⁃formation public interest litigation.Through an empirical study conducted within China's judicial practice,this paper reveals that the pending issue concerning the nature and function of compensatory damages has caused highly contra⁃dictory verdicts regarding their calculation and allocation,as well as their relationship with other forms of pecuniary li⁃abilities.Only by acknowledging the role of compensatory damages imposed in personal information public interest liti⁃gation as"Skimming off Excess Profits",and affirming their function as deterrence rather than compensation can they truly achieve the broader objective of safeguarding personal information security and promoting public welfare,as well as avoid disrupting the harmony of the existing legal landscape.

《新史学》发表之后,21世纪我们能做什么

思想史学的研究范式 ,作为思想史阐释和分析的理论工具 ,规定了思想史研究的学术视野和分析方法。在学术史上 ,学术范式的更新 ,往往给学术发展带来革命性的影响。因而 ,思想史学科的发展 ,亦首先有待于其研究范式的创新。近年来 ,中国近代思想史学界在范式更新方面进行了一系列可贵的探索 ,海外学者当中出现了关于严复与约翰·密尔自由思想的比较思想史研究 (黄克武《自由的所以然》) ;还有以社会与思想互动模式诠释中国思想现代转型的长程思想史研究 ,以及运用计量史学方法所作的观念史研究 ;还有运用跨文化翻译理论分析中国现代“革命”观念之起源和演变的语义学思想史研究 (陈建华《“革命”的现代性》)。国内学者中 ,则有运用知识社会学阐释近代儒学之地域化特征的探索 (杨念群《儒学地域化的近代形态》) ,等等。以上学术探索 ,均为新近中国近代思想史范式创新之作。本期主题研讨栏目特推出一组关于中国近代思想史范式问题的笔谈 ,以期引起学界对思想史研究范式问题的关注。

隐没在《戏杂志》中的新剧人物考

《戏杂志》刊行于1922年至1923年间,前后共发行九期,设有"京剧""昆剧""新剧""戏剧新闻""游艺附录""时事小曲"等栏目。其中包含大量关于新剧变迁发展的重要文献和新剧人物的轶闻趣事,这些文献资料所记述的内容,与同时期的新剧文献相比,史料价值极高,多为其他文献所罕见。对《戏杂志》中任公、任天知、王钟声三人的史料梳理后,得出如下结论:任公为《戏杂志》主要编辑者之一的任退庵;进化团领导人任天知生于1870年,卒于1927年;春阳社领导人王钟声投身新剧运动之前曾积极参与上海的光复运动等。

Minority Protection in Proceedings for the Settlement of Disputes Between Shareholders

“A limited company is more than a mere judicial entity, with a personality in law of its own： Behind it, or amongst it, there are individuals, with rights, expectations and obligations inter se”. The competitive attitude of the member states of the EU （European Union）, to become the most attractive for companies results in law reforms aiming at more flexible conflict between shareholders. Besides, the economic objective of avoiding a company＇s dissolution, the English, Dutch, and Belgian exit proceedings for the settlement of disputes between shareholders set up a social objective： protecting the interests of the minority shareholder of a private limited company. The paper consists of four chapters. The introduction lays out the necessity of buy-outs for shareholders of a private limited company. The first chapter describes the different facts justifying the buy-out of a shareholder on the basis of serious grounds. The second chapter presents the findings of a comparative research of the valuation of the shares transferred in an English, Dutch, and Belgian procedure. Finally, the conclusion summarises in which way the English, Dutch, and Belgian legal system protect the interests of the minority shareholder of a private limited company.

Inhibition of γ-synuclein (SNCG) expression in breast cancer MDA-MB231 cell line

Objective:The aim of the study was to evaluate the inhibition of different chemotherapy drugs on γ-synuclein (SNCG) positive expression of breast cancer cell line MDA-MB231,and the effects on cell cycle and apoptosis,and to explore the related mechanism as well.Methods:We treated the breast cancer cell line MDA-MB231 for the inhibition of SNCG with chemotherapy drugs such as irinotecan,nedaplatin and 5-fluorouracil using RT-PCR and immunohistochemistry,and adopted flow cytometry to detect cell cycle distribution and apoptosis.Results:At the transcription and translation levels,the SNCG expression level in nedaplatin group and 5-fluorouracil group was lower than that of other groups and there was statistically significance (P < 0.01) compared with the control group,while there was not statistically significant between irinotecan group and the control group.After drugs action,cell cycle and distribution in each experiment group changed obviously,where the cells in G0G1 phase increased,especially the cells in the nedaplatin group and 5-fluorouracil group changed most significantly,as well as the obvious change in the cells of nedaplatin group and 5-fluorouracil group in the apoptosis period.Conclusion:There was a stronger inhibition of SNCG expression in nedaplatin and 5-fluorouracil groups,and can cause significant cell cycle and apoptosis changes.It may also be concluded that nedaplatin and 5-fluorouracil could make effects by the mechanisms of inhibiting cancer cell proliferation and inducing cell apoptosis.

Capital Structure of Start-ups： Evidence on Non-accounting Characteristics

Research is scarce on non-financial characteristics, including owner characteristics and their influences on capital structure in the establishment phase. The objective of this study is to examine the factors affecting firms＇ availability of external finance, utilizing a sample of Finnish start-up micro firms. The overall purpose is not to produce a comprehensive model for capital structure, but to illustrate the importance of non-accounting characteristics in explaining the attractiveness of the new venture from the lender＇s point of view. The results show that a founder who has prior work experience from the same sector and has little or no personal financial property seems to have higher leverage. After splitting the data into survived and failed firms, lenders viewed work experience positively only in the sample of failed firms. In addition, limited liability companies, firms located in bigger cities, and firms with good demand evaluated by the lender have a lower level of leverage.

Accounting for goodwill under FRS 136： Case of Malaysian plantation companies

The introduction of FRS （financial reporting standards） 136 to Malaysian PLC＇s （public limited company） in 2006 indirectly formalized accounting for purchased goodwill for the first time. Based on a sample of 2006 annual reports of 10 Main Board companies from plantation sector, the study finds the level of desired disclosure has yet to be met. Whilst the intention of the standard is noble, actual practice for first time reporting entities indicate that Malaysian PLC＇s and their auditors have far to go before they can meet the expectation set by FRS 136 in particular and International Financial Reporting Standards in general.

Corporate Social Responsibility （CSR）, Good Corporate Governance （GCG）, and Firm Performance

The strategy of the company, such as corporate social responsibility （CSR）, can be adopted to show a good image of the company to the external parties. The company can maximize the shareholders＇ equities, the prosperity of the owners of interests, the reputation of the company, and the long-term viability of the company by undertaking the CSR. The controversy whether the company should be engaged in CSR or not is still going on. According to the shareholder theory, the supporters of CSR （Donaldson ＆ Preston, 1995; Jones, 1995） say that CSR is a mechanism to achieve a better financial condition and to maximize the property of the shareholders （A. Mackey, T. B. Mackey, ＆ Barney, 2007）. This research investigates in three folds, the relationships among corporate governance, CSR, and firm performance, then the relationship between intellectual property and firm performance. This research shows that the independent board of commissioners is related to CSR. CSR and the institutional ownership are also related to firm performance. In addition, intellectual property is strongly related to firm performance. This means that intellectual property owned by public-limited companies in Indonesia increases firm performance.

A Theoretical Examination of Untaxed Entities and Taxed Entities in the Market for Commercial Real Estate

This paper is a theoretical examination of untaxed and taxed entities that invest in real estate. The standard advice to real estate investors is to avoid using entities that are subject to taxation （such as C corporations） and employ entities that are not subject to taxation （such as limited liability companies, S corporations, and real estate investment trusts） in order to avoid double taxation of income. This paper shows that, in most situations, untaxed entities place a greater value on a given real estate property than a taxed entity does, which implies that taxed entities are at a distinct disadvantage at competing in the market for property. However, this conclusion is reversed if untaxed entities use a large amount of financial leverage compared to taxed entities and the borrowing rate for both is greater than the risk-free rate.

How Can SMEs be Successful： A Legal and Economic Analysis of China Commodity Centre - YIWU

Nowadays, the policy of encouraging the development of SMEs, starting a business has become a popular choice for many people. Alongside entrepreneurial talent, the legal environment and system design are also very significant for SMEs＇ surviving. This Article provides the successful experiences of SMEs in YIWU, including raising sufficient capital from private finance, highly autonomous forms of enterprise, as well as thinking highly of intellectual property. This article analyses the current problems of SMEs from both legal and economic perspectives, and gives three proposals： legalising underground lending system and creating private banks, introducing the Limited Liability Company into China, and providing the road for transforming intellectual property rights into easily realisable interests, for the purpose of building a more advantageous developing environment for SMEs.

Executive Compensation and Firm Performance in Japan： The Role of Keiretsu Memberships and Bank-Appointed Monitors＊

This paper examines the relations between the disciplinary role of Japanese relationship-oriented corporate governance mechanisms, such as keiretsu memberships and bank-appointed directors, and pay for performance sensitivity in Japan. Previous studies show that pay for performance sensitivity of Japanese executive compensation is positive and almost the same as in a market-oriented system like that of the United States of America （USA）. However, previous studies do not investigate how Japanese corporate governance mechanisms like financial keiretsu ties and bank-appointed directors affect pay for performance sensitivity. This paper finds that the disciplinary mechanism of keiretsu memberships and bank-appointed monitors did not function well in Japan in the 1990s.

China’s Shifting Role in Global Governance

CHINA＇S Historical Choice in Global Governance by He Yafei,deputy head of the Overseas Chinese Affairs Office of the State Council,has drawn broad attention from the diplomatic circle in and outside the country.Mr.He,formerly China＇s vice foreign minister,is a veteran diplomat.

Will Institutional Distance Affect Multinational Firms' CSR Performance in a Host Country?

Taking multinational firms operating in China as objects of research,this paper has discovered through empirical study that economic institutional distance and cultural institutional distance have negative effects on the corporate social responsibility(CSR) performance of multinational firms in a host country;when the legal system of home country is far better than that of host country,legal institutional distance has a positive effect on the CSR performance of multinational firms in the host country;entry mode has negative adjustment effect on the relationship of legal institutional distance and cultural institutional distance with the CSR performance of multinational firms in a host country;business experience of multinational firms in a host country has a negative adjustment effect on the relationship between legal institutional distance and their CSR performance in the host country.

Evaluation of CSR Performance of Sudanese Telecommunication Companies： A Case Study

Corporate social responsibility （CSR） has received a lot of attention in the last few decades, from the economic responsibility to generate profits, to the discretionary responsibility to meet extra activities that society finds desirable. Companies are under pressure from the stakeholders to engage in the line of social, environmental, and economical responsibilities. Until now, no research has been conducted on CSR performance using a dataset from the telecommunication industry in Sudan. Hence, this paper has investigated the strategic importance of CSR in a Sudan telecommunication company （Sudatel）. In doing so, the paper has sought to understand whether the concept of CSR programs is featured in the company＇s culture and strategic plans or whether the management of the company is highly committed to CSR programs. Telecommunication companies are expanding in economic size. Considered as the largest industry in the world in terms of employment and the fastest growing area in business, there are many social and economic benefits and opportunities that can be created through investment in the telecommunication infrastructure, which has the potential to enhance sustainable development, especially for developing countries. To investigate this problem, a qualitative case study methodology is used to collect and analyze the data. Results indicate that the CSR concept is part of the company＇s strategic plan and given high commitment from the top management.

Stakeholders： the extension of service function of modem universities

Various ＂stakeholders＂ come into being around modern universities. Their emergence is based upon responsibility and contribution of extending university function to social public interest. Definitive stakeholders, expectant stakeholders and latent stakeholders constitute the objects of universities achieving their service function. Thus, management mode of universities undertakes exploration and reform. Yet ignoring part of the management status of ＂stakeholders＂ can also affect that universities fulfill their social responsibilities and promote their service functions to some extent.

Using analytic network process to analyze problems for implementing turn-key construction projects in Taiwan

The turn-key construction project is implemented in Taiwan not by a single company but by a make-shift group of several companies. Hence,problems to coordinate the professional construction management (PCM) and the supervising architectural company often occur for the lack of long-term experience to work together. The various factors that affect the implementation of turn-key projects currently practiced in Taiwan are analyzed using the analytic network process (ANP). The objective is to study how the twelve key factors in the four layers of "Role assignment","Signing contract","Operational procedures" and "Losing capital investment" affect the progress of implementing the turn-key project in Taiwan. The results reveal that "Delay in payment" has the most negative influence with 15.62% weighing factor; "Latent risk" comes next with 11.14% weighing factor,and "Responsibility of construction company for project quality" is the third with 10.79% weighing factor.

Aristotle＇s Account of Philia/Amiability

The purpose of my paper is to show that the virtue which Aristotle calls philia, not in the strong sense of friendship, but in the weaker one of amiability （cf. NE 1126b 10-1 i 27a 12）, represents a particular kind of bond, related to the fact of being part of a community, and therefore has a very strong relationship, although the two do not coincide with that kind of friendship which Aristotle calls politike philia （civic friendship）. My thesis, then, is that there is a strong relationship, among Aristotelian ethical works, between philia/amiability, like-mindedness （homonoia）, and politike philia. The key to discovering this link is the Aristotelian account of social relations： in Aristotle＇s opinion, the polls is not a commercial alliance, as if it were a public limited company, in which the common good depends on the fact that everyone has a strong economic interest in the company, but is a common life in which citizens are concerned about each other＇s moral goodness. The link between them is therefore a kind of friendship, which is of course civic and therefore does not presuppose love. In the political context, the knowledge of the nature of the constitution, in fact, is a sufficient condition for there being benevolence towards other citizens. Since philia/amiability shows deep analogies with homonoia as well, for both represent, in different ways, peculiar features of the citizenship, the thesis I want to support is not that philia/amiability, homonoia, and politike philia coincide, but that philia/amiability and homonoia are two different expressions of the same disposition, namely politike philia： according to my view, the former is the expression ofpolitike philia on a relational and moral side, while the latter represents the attitude of the citizens towards each other when implicated in political decisions.

A New Loop Algebra and Corresponding Computing Formula of Constant γ in Quadratic-Form Identity

A new loop algebra containing four arbitrary constants is presented, -whose commutation operation is concise, and the corresponding computing formula of constant γ in the quadratic-form identity is obtained in this paper, which can be reduced to computing formula of constant γ in the trace identity. As application, a new Liouville integrable hierarchy, which can be reduced to AKNS hierarchy is derived.