With the formation of the socialist legal system with Chinese characteristics, China pays more attention to the scientificity and the quality of legislation, starting the assessment of the effect of implementation of ...With the formation of the socialist legal system with Chinese characteristics, China pays more attention to the scientificity and the quality of legislation, starting the assessment of the effect of implementation of the law after legislation conducted by an independent third-party institution with scientific methods. The third-party legislative post-assessment can overcome the drawbacks of self-assessment, realizing the public participation better, which makes results of the assessment more objective, neutral and fair. The neutrality of assessment and scientificity of the method should be adhered in the construction of third-party legislative post-assessment in China, while improving public participation as well as the assessment indicators system and quality control system with the introduction of specific legal norms.展开更多
Kieran Dolin is Senior Honorary Research Fellow in English and Literary Studies at the University of Western Australia.He is one of the acclaimed critics of Victorian literary-legal studies and has published widely in...Kieran Dolin is Senior Honorary Research Fellow in English and Literary Studies at the University of Western Australia.He is one of the acclaimed critics of Victorian literary-legal studies and has published widely in this field.During her visit to the University of Western Australia,Wu Sufen conducted an interview with Dolin on such topics as the legal centralism in the Law and Literature movement,the potential of such movement,and Chinese scholars’questions and concerns about this movement,together with the uniqueness of Victorian literary-legal studies.Dolin emphasizes that literature and law are both components of social and cultural practice,so studies on the relations between law and literature can not only reveal social concerns reflected in literary works,but also present the historical development of law and the accordingly shifting narrative patterns that literary works have undergone.展开更多
The unilateral disposition of stock rights＇ voting rights detracts from the welfare of the other shareholders. Contractual arrangements restricting or prohibiting the transfer of stock rights under the capital majori...The unilateral disposition of stock rights＇ voting rights detracts from the welfare of the other shareholders. Contractual arrangements restricting or prohibiting the transfer of stock rights under the capital majority rule may infringe upon shareholders＇ fight of withdrawal, further weakening stock market constraints on senior management and indirectly raising the agency cost of management abuse of power for private ends. In creating a legal structure for stock rights transfer, we need to find an appropriate balance between freedom of contract, capital majority rule and reduction of agency costs. Judges should determine that the transfer of voting rights is invalid in order to ensure that voting rights match residual claim rights and maintain the constraints on senior management represented by shareholder voting rights. The general prohibition of stock fights transfer in the articles of association blocks shareholders＇ right of withdrawal; this is not conducive to restraining potential abuses of power on the part of senior management and should be made invalid. Judges must differentiate between long- and short-term contracts and the initial and revised clauses of the articles of association in order to distinguish between the efficacy of different arrangements limiting transfer of stock rights as laid down in the articles of association.展开更多
文摘With the formation of the socialist legal system with Chinese characteristics, China pays more attention to the scientificity and the quality of legislation, starting the assessment of the effect of implementation of the law after legislation conducted by an independent third-party institution with scientific methods. The third-party legislative post-assessment can overcome the drawbacks of self-assessment, realizing the public participation better, which makes results of the assessment more objective, neutral and fair. The neutrality of assessment and scientificity of the method should be adhered in the construction of third-party legislative post-assessment in China, while improving public participation as well as the assessment indicators system and quality control system with the introduction of specific legal norms.
文摘Kieran Dolin is Senior Honorary Research Fellow in English and Literary Studies at the University of Western Australia.He is one of the acclaimed critics of Victorian literary-legal studies and has published widely in this field.During her visit to the University of Western Australia,Wu Sufen conducted an interview with Dolin on such topics as the legal centralism in the Law and Literature movement,the potential of such movement,and Chinese scholars’questions and concerns about this movement,together with the uniqueness of Victorian literary-legal studies.Dolin emphasizes that literature and law are both components of social and cultural practice,so studies on the relations between law and literature can not only reveal social concerns reflected in literary works,but also present the historical development of law and the accordingly shifting narrative patterns that literary works have undergone.
基金an initial product(in Economic Law)of the Discipline Construction(Legal Science)Program in Shanghai universities
文摘The unilateral disposition of stock rights＇ voting rights detracts from the welfare of the other shareholders. Contractual arrangements restricting or prohibiting the transfer of stock rights under the capital majority rule may infringe upon shareholders＇ fight of withdrawal, further weakening stock market constraints on senior management and indirectly raising the agency cost of management abuse of power for private ends. In creating a legal structure for stock rights transfer, we need to find an appropriate balance between freedom of contract, capital majority rule and reduction of agency costs. Judges should determine that the transfer of voting rights is invalid in order to ensure that voting rights match residual claim rights and maintain the constraints on senior management represented by shareholder voting rights. The general prohibition of stock fights transfer in the articles of association blocks shareholders＇ right of withdrawal; this is not conducive to restraining potential abuses of power on the part of senior management and should be made invalid. Judges must differentiate between long- and short-term contracts and the initial and revised clauses of the articles of association in order to distinguish between the efficacy of different arrangements limiting transfer of stock rights as laid down in the articles of association.
