The problem of Chinese peasant in society is a very important issue in the process of China' s legal system; the farmer is very worthy subject of rights concern. The author believes that China has the right to protec...The problem of Chinese peasant in society is a very important issue in the process of China' s legal system; the farmer is very worthy subject of rights concern. The author believes that China has the right to protect their farmers in three main ways: private relief, public relief and gray channels, which play a major role in the private relief for farmers. For these channels, they are a unique reason; the rule of law should be the vision and balance for them to choose their own presence in China.展开更多
Self-dealing refers to all kinds of transactions and operations diverting value from a company to corporate controllers. In order to tackle self-dealing, academics and regulators have emphasised the legal tools. Howev...Self-dealing refers to all kinds of transactions and operations diverting value from a company to corporate controllers. In order to tackle self-dealing, academics and regulators have emphasised the legal tools. However, there is a divergence between those supporting the existence of a benchmark model towards which to converge (convergence hypothesis) and those underscoring the importance of socio-economic factors on the efficacy of governance rules (path-dependency view). The aim of this paper is to join in the convergence vs. path-dependency debate by focusing on the efficiency of mandatory rules and investigating their effectiveness. Considering the current market integration, the traditional cost-benefit analysis has been extended in order to embrace costs specifically associated to the issue of domestic rules in a global scenario. This analysis supports the convergence view and encourages at least a partial and gradual adjustment of national legislations towards the prevailing Anglo-Saxon model. In order to test this hypothesis, an examination of the self-dealing regulatory (on conflict of interests and self-dealing) adopted in some Western (Germany, Italy, and the United Kingdom (UK)) and Eastern (Czech Republic, Hungary, and Poland) European countries has been conducted.展开更多
文摘The problem of Chinese peasant in society is a very important issue in the process of China' s legal system; the farmer is very worthy subject of rights concern. The author believes that China has the right to protect their farmers in three main ways: private relief, public relief and gray channels, which play a major role in the private relief for farmers. For these channels, they are a unique reason; the rule of law should be the vision and balance for them to choose their own presence in China.
文摘Self-dealing refers to all kinds of transactions and operations diverting value from a company to corporate controllers. In order to tackle self-dealing, academics and regulators have emphasised the legal tools. However, there is a divergence between those supporting the existence of a benchmark model towards which to converge (convergence hypothesis) and those underscoring the importance of socio-economic factors on the efficacy of governance rules (path-dependency view). The aim of this paper is to join in the convergence vs. path-dependency debate by focusing on the efficiency of mandatory rules and investigating their effectiveness. Considering the current market integration, the traditional cost-benefit analysis has been extended in order to embrace costs specifically associated to the issue of domestic rules in a global scenario. This analysis supports the convergence view and encourages at least a partial and gradual adjustment of national legislations towards the prevailing Anglo-Saxon model. In order to test this hypothesis, an examination of the self-dealing regulatory (on conflict of interests and self-dealing) adopted in some Western (Germany, Italy, and the United Kingdom (UK)) and Eastern (Czech Republic, Hungary, and Poland) European countries has been conducted.