《公司法》第72条的商法解释与适用

股东作为投资人可以选择缔结公司合同,进入公司这个广义的投资合同束,成为利益相关方的重要一方,也有权利选择通过股权转让合同离开公司。而公司其他相关主体的利益也应当得到公司法的维护,故股东的股权转让行为也接受一定程度的契约性限制。法律适用是法律制度设置优劣与否的客观标准,相对于股份有限公司,有限责任公司股权转让的审判实践和法律适用方面就存在很多争议问题。只有充分理解商法不同于民法所具有的独特的法律适用思维和规则,细化商事法律适用理念,才能更好地解决法律适用难题,同时这也是商法部门力求通过运用多学科的综合解释方法,建立自身独特的适用方法论的学科需要。     

Muslim Women's Challenges to Islamic Law The Case of Malaysia

The reform of Islam by women and especially the lessons this activism might contain for feminist praxis is a highly topical and important issue. This article outlines some of the lessons to be drawn from studying this area with a specific focus on the activism of some groups of Malaysian Muslim women aimed at the reform of Islam. Two different strategies for reform are explained and traced in their attempts to reform religious interpretation and the Islamic legal system, the Syar'iah. The aim of the article is to provoke dialogue over the relationship of Islam to women's rights, while highlighting the agency of Muslim women within an Islamic framework. Another aim is to contribute to the debate over what constitutes feminism and the need to subject the debate continuously to cross-cultural and international perspectives.     

“Some of My Children Are Worth More Than Others”: Perceptions of Nonresidential Fathers with Second Families as to the Fairness of the Australian Child Support Agency's Handling of First Family Child Support Financial Arrangements

One in three Australian marriages end in divorce, and over half of such divorces involve children. Research indicates that men tend to repartner within 1 to 2 years of a divorce and women within 3 to 5 years. A significant issue for repartnered men is the provision of financial support for children from both their first and second families. Although only 6% of all Australian first family children spend near/equal time (shared care) after divorce with both parents, fathers in Australia are mandated under child support legislation to provide financial support for their first family children, whether they reside with them or not. However, it is argued by this study's nonresidential fathers that the Child Support Agency, when considering the level of financial support for first family children, tends to overlook the needs of second family children, thus creating an advantaged and disadvantaged set of siblings. This finding is reviewed through a distributive justice theory lens. Finally, some future directions for research aimed at exploring the impact of Child Support Legislation on second families are suggested.     

Closing pathways: refugee-background students and tertiary education

Abstract

Recent changes to policies and funding for tertiary education are exacerbating an already difficult situation for refugees aiming to earn university degrees. No one intended to create the barriers that the refugee-background community faces; government agencies continue attempts to improve educational outcomes for those who arrive as refugees. The root causes of this situation are the complexity of the refugee situation and a lack of holistic knowledge about this diverse group of New Zealand residents among policy makers and educators. In addition, the complexity of interactions among policy changes and refugee situations has prevented any single agency from predicting outcomes of its policies for refugee-background students. In this paper, I discuss how new policies interact with a range of existing barriers faced by refugees pursuing degrees and how, without urgent attention, this will constrict or close pathways into and through university study. I further suggest that the strongest foundation for an effective program to provide equitable access to university education is including refugee-background students among those groups who receive equity consideration.     

The Effect of Demand–Supply Mismatches on Firm Risk

A supply chain management (SCM) system comprises many subsystems, including forecasting, order management, supplier management, procurement, production planning and control, warehousing and distribution, and product development. Demand–supply mismatches (DSMs) could indicate that some or all of these subsystems are not working as expected, creating uncertainties about the overall capabilities and effectiveness of the SCM system, which can increase firm risk. This article documents the effect of DSMs on firm risk as measured by equity volatility. Our sample consists of three different types of DSMs announced by publicly traded firms: production disruptions, excess inventory, and product introduction delays. We find that all three types of DSMs result in equity volatility increases. Over a 2‐year period around the announcement date, we observe mean abnormal equity volatility increases of 5.62% for production disruptions, 11.19% for excess inventory, and 6.28% for product introduction delays. Volatility increases associated with excess inventory are significantly higher than the increases associated with production disruptions and product introduction delays. Across all three types of DSMs, volatility changes are positively correlated with changes in information asymmetry. The results provide some support that volatility changes are also correlated with changes in financial and operating leverage.     

Introduction to the Special Issue on Humanitarian Operations and Crisis Management

The Genesis of this Special Issue came from the Board of the POMS College on Humanitarian Operations and Crisis Management (HO&CM). It was seen as a necessary initiative to define the field and examine research opportunities. This Special Issue shows that humanitarian operations pose challenges for P/OM researchers and practitioners that differ markedly from those of conventional supply chains associated with profitable enterprises. On the basis of the eight articles in this Special Issue, we have described and demonstrated the unique characteristics of the POM/HO&CM interaction. We have also identified those attributes that tend to overlap with conventional aspects of POM. In addition to wanting to be cost effective, the issue of equity fairness is pervasive in humanitarian operations, and so is the need to always base considerations on “last‐mile logistics,” that is, getting aid to those in most need. Research is essential to determine how to train researchers to scout out and map the territory of the real problems. One of the most vexing problems is the lack of robust data in the humanitarian domain which is as richly varied as the types of disasters that can occur.     

2010年以来我国民办学前教育政策的价值取向分析

对2010年以来我国民办学前教育政策40份文本进行分析,发现民办学前教育政策的文本具有鲜明的以儿童发展为本和提升幼儿园教育质量的直接价值与“解决入园难”的间接价值,还重视其应然价值,但普及学前教育、提高毛入园率的实然价值的实现仍然“任重而道远”,还彰显出普惠性的显性价值,并体现出教育公益与公平的隐性价值。为此,要努力达到这三对价值的统一。     

论教育公平的思想基础

从中国传统哲学、马克思主义哲学、中国特色社会主义理论中有关教育思想的角度去理解教育公平的理论基础,更能认识到教育公平理念的现实性、科学性和重要性。     

论马克思主义收入分配公平理论在中国改革开放新时期的发展与创新

马克思收入分配公平理论,是马克思经典作家对社会主义产品所设想的一种分配模式。改革开放以来,中国共产党几代中央领导集体在不断总结历史经验和继承马克思主义的基础上,将按劳分配与中国社会主义市场经济相结合,创造性地丰富了马克思主义收入分配公平理论,为社会主义发展新阶段增加了一笔宝贵的精神财富。