我国社会保障制度公平性之缺失与矫正

我国虽然已初步建立社会保障制度框架体系,但是由于种种原因,社会保障的公平性还有很多缺失,诸如城乡社会保障水平差距大,边缘群体没有同等进入社会保障范围,城乡灵活就业人员参加社会保障的比例低,社会保障的收入调节力度弱,等等.应从树立核心价值理念,完善社会保障法律制度,增加政府社会保障支出,确保社会保障制度全覆盖,以城镇化推进社会保障制度改革等方面来矫正这些缺失,保障所有公民权利,实现社会公平,达到社会可持续性发展.     

私人权益资本缓解我国中小企业融资困境初探

中小企业作为我国改革开放后出现的新型企业群体,在我国国民经济中已占据着重要地位。但现阶段我国中小企业面临的融资环境不容乐观,融资难成为中小企业发展面临的首要瓶颈。国内学者多从改善现有的融资环境入手,鲜见有提出寻找新的融资渠道。信息不对称是造成中小企业融资困境的主要原因之一,而私人权益资本可以有效缓解由信息不对称带来的融资困境问题,能为中小企业融资提供新的融资渠道。因此,要完善我国私人权益资本市场,为中小企业发展提供良好的融资环境。     

论政府优化私募股权投资环境的作用:国际经验与启示

通过梳理国外政府在私募股权投资市场发展过程中的实践和成功经验,从法律环境、财税支持、资本市场环境、参与投资和监管等多个视角,探讨我国私募股权投资存在的问题,并就应如何优化私募股权投资环境,提出了应明确政府的相关责任,完善私募期权投资的相关法律法规,规范监管体系等相关建议,以期促进我国私募股权投资市场的健康发展。     

近郊集体所有制土地产权换股权试点方案研究

随着城市化的不断推进,部分农村集体土地被转换为城市建设用地。涉及城市化的农村居民理应分享到土地资源优化配置的财富性收益,同时完成农民到市民的身份转换。上海近郊在城市化过程中对建设用地的需求越来越大,经济发展和保护农民合法权益是必须处理好的一对重要关系。从现有经验看,集体所有制土地产权换股权是合理利用、优化配置郊区集体所有制土地,协调好产业发展与农民权益保障的有效改革路径,也是上海实现包容性城市化发展、消除新二元结构的重要制度创新。     

《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.