从“公权治理”到“合作治理”:新时代中国体育法治模式的转向

我国现行《体育法》中并未将私方主体纳入体育治理体系,在我国强调协商治理与公私合作治理的当下,《体育法》修法中有必要明确私方主体的地位,鼓励私方主体在行为规范、行政决策、行政执法、资源整合及纠纷化解诸领域参与合作治理。从法律文本和法治实践的角度论证体育治理中私方主体参与的正当性和合理性,并提出私方主体能够在规则制定、行政执法及救济程序等环节以合适的方式发挥作用。结合合作治理的相关内容尝试从立法确认、明确主体资格、促进政府主导、强化责任承担等方面对修法构型,指出私方主体参与体育治理需要明确的相关法律问题。

Review on the Study of the Allocation of Corporate Control in Enterprise Theory

With the establishment of a modem corporate system, the separation of ownership and management appears in the company. The rational allocation of corporate control between different behavioral agents has attracted more and more attention. This paper points out that scholars have studied the allocation of corporate control from the angles of the agency cost theory, property rights theory, corporate finance theory, and the theory of corporate governance, which has great value. However, the existing theories also have some flaws on the allocation of corporate control. First, people still have different understandings and views over the meaning of corporate control. Secondly, the existing research theoretically only observes and studies an arrangement of sheer level control, the allocation between final control and real control. This paper argues to build the two-tier allocation of corporate control： The first tier relation is between ultimate control rights and actual control rights, the second tier relation is between indirect control rights and direct control rights which are in actual control rights. This study can explain the resource allocation effects of corporate control, promote the development and improvement of the theory of the firm.

Corporate governance and financing decisions by Saudi companies

This paper aims to contribute to the corporate governance literature in emerging economies by examining the effect of some corporate governance mechanisms on financing decisions in Saudi Arabian listed companies. A multiple regression model is used to examine the association between financing decisions and corporate governance mechanisms for a sample of 37 listed Saudi companies. In particular, we examine the effect of board size, ownership concentration and corporate governance reporting on the debt-to-equity ratio. Corporate governance reporting is measured by the content analysis approach. After controlling for companies＇ profitability and their growth opportunities, we found that both board size and ownership concentration are positively associated with debt-to-equity ratio. We limit our analysis to a small sample of firms that use the internet to communicate corporate governance information between October 2005 and January 2006. The findings suggest that managers are likely to choose higher financial leverage when they have stronger corporate governance （large number of directors on the board and higher ownership concentration）. However, we did not find any statistical association between corporate governance disclosure and debt-to-equity ratio. This suggests that firm＇s asymmetric information is not an important driver of the financing decision of Saudi Arabian companies. This might be due to the nature of the Saudi business environment. We strongly believe that this paper provides a novel contribution to the existing literature as we are the first to examine this issue in Saudi Arabia.

Community governance:the micro basis of civil society

This article attempts to use an analytical perspective to reveal to some extent the micro basis of the civil society in China＇s urban grass-roots communities, as well as its subtle connection with ＂community-based co-governance＂ and community ＂governance structure.＂ At the same time, it reminds readers that, when exploring this subtle connection, one must focus on power relations and coordination mechanisms in a concrete space of action.

Balance and Imbalance in Human Rights Law

在公共治理场域中生成和行动的人权法,应当是能够促成和谐人权保障关系的平衡法,它在机制上表现为人权保障目标与制度安排的匹配性,在内容上反映为公民权利设定的合乎理性,在形式上表现为人权法规范体系的协调一致,在行动上体现为人权保障过程基于商谈形成共识,在结果上表现为人权保障绩效的最大化。由于不同人权之间往往存在着张力,加上人权保障具有跨部门法性,再加上国际人权法依赖于国内法转化或衔接等原因,因此人权法容易失衡,制约着国家尊重和保障人权目标的全面实现。要解决人权法失衡问题,应当选择开放性的公私商谈模式、遵循理性的衡量标准对人权入法进行审慎权衡。