董事受信义务之独立性研究

董事与公司之间的关系产生于信托法上的信托受托人与信托委托人之间的关系,但是这种关系一直困扰者包括英美公司法的理论和实践。董事的受信义务是否等同于信托受托人的信托义务？本人认为,董事的受信义务虽然类推自信托义务,但是已经与信托义务产生了巨大的差别。无论从公司和信托这两种制度的本质区别上,还是董事和信托受托人的注意义务和忠实义务的内涵和标准上,都可以发现二者之间根本的区别,这也表明了董事受信义务是独立于信托义务的一种新的受信义务。在论及董事的法律地位时,文章分析了代理说、信托说和委任说的致命缺陷,得出董事的法律地位仍然是受信地位的这一符合逻辑的结论,澄清了理论界的一些误解。     

司法腐败的特点、成因及治理对策

司法腐败损害当事人的合法权益,降低司法机关在人民群众心目中的公正形象,危害人民群众对法治的崇高信仰,影响法律的威严性和公信力。腐败主体特殊,负面影响大,知法犯法,手段多样,隐蔽性强,性质严重,危害面广。传统思想文化及旧观念的影响、其他权力对司法权的干预、司法主体缺乏法治信仰和监督制约机制存在缺陷等是催生司法腐败的原因。提出树立新的法制观念,强化人的权利意识;加大教育力度,筑牢反腐思想防线;理顺人、财、物关系,完善司法独立;建立健全规章制度,形成强有力的司法监督体系;财产、政务公开,预防司法人员违法犯罪;加大惩处力度,严明政纪国法等治理司法腐败的措施。     

“自由”、“平等”的呼唤——“五四”时代女作家创作论

妇女解放是"五四 "时期民主知识分子备加关注的一个问题.伴随着"人"的意识的觉醒,追求人格独立、个性自由、婚恋自主已成为"五四"时代广大知识女性的自觉要求,"五四"时代女作家本身就是这样一些知识女性.文章从分析她们的作品入手,论述了女性自身对"自由"平等"的不懈探寻.     

关于量子控制系统的哲学思考

环境对量子控制系统的消相干揭示了一个事实,即量子世界里的系统将是一种全新的系统,它是某种开放的、数学的、并且是基于量子逻辑的系统。笔者认为,假如仍然还是立足经典思维,则系统的独立性将难以得到保证,传统的整体论也将变得自相矛盾。只有发展全新的量子整体论,并在这种新的框架下去审视和建构量子系统,我们才有可能重新获得某种连贯一致的整体论。     

Testing independence based on Bernstein empirical copula and copula density

In this paper we provide three nonparametric tests of independence between continuous random variables based on the Bernstein copula distribution function and the Bernstein copula density function. The first test is constructed based on a Cramér-von Mises divergence-type functional based on the empirical Bernstein copula process. The two other tests are based on the Bernstein copula density and use Cramér-von Mises and Kullback–Leibler divergence-type functionals, respectively. Furthermore, we study the asymptotic null distribution of each of these test statistics. Finally, we consider a Monte Carlo experiment to investigate the performance of our tests. In particular we examine their size and power which we compare with those of the classical nonparametric tests that are based on the empirical distribution function.     

Some novel results on pairwise quasi-asymptotical independence with applications to risk theory

In this article we obtain some novel results on pairwise quasi-asymptotically independent (pQAI) random variables. Concretely speaking, let X₁, …, X_n be n real-valued pQAI random variables, and W₁, …, W_n be another n non negative and arbitrarily dependent random variables, but independent of X₁, …, X_n. Under some mild conditions, we prove that W₁X₁, …, W_nX_n are still pQAI as well. Our result is in a general setting whether the primary random variables X₁, …, X_n are heavy-tailed or not. Finally, a special case of above result is applied to risk theory for investigating the finite-time ruin probability for a discrete-time risk model with a wide type of dependence structure.     

Robust test for independence in high dimensions

This article develops a new test based on Spearman’s rank correlation coefficients for total independence in high dimensions. The test is robust to the non normality and heavy tails of the data, which is a merit that is not shared by the existing tests in literature. Simulation results suggest that the new test performs well under several typical null and alternative hypotheses. Besides, we employ a real data set to illustrate the use of the new test.     

‘There’s a lot of places I’d like to go and things I’d like to do’: the daily living experiences of adults with mild to moderate intellectual disabilities during a time of personalised social care reform in the United Kingdom

Adult social care services in the United Kingdom have undergone a period of transformation over recent years, characterised by a drive towards personalised care. Concurrently, social care budgets have been significantly reduced. This study aimed to explore the daily living experiences of adults with mild/moderate intellectual disabilities, who are at risk of no longer meeting eligibility criteria for statutory support. Focus group discussions, which included both people with intellectual disabilities and support workers, were analysed thematically. Two broad themes are presented: independence and agency; and social capital and well-being. While some participants echoed ideas central to the personalisation narrative, a number of contextual barriers to achieving greater independence and agency were discussed. Moreover, greater independence was not a desired goal for all participants. The findings highlight the potential mismatch between personalised social care, as delivered within significant budget constraints, and the needs of adults with intellectual disabilities.     

Violence and political culture in Mozambique

This article is an attempt at developing a lens through which political culture in Mozambique can be analysed, described and interpreted. It is based on the notion of a political teleology that emerged out of the conditions within which the country fought for its independence. The paper argues that violence in a symbolic and physical form played a central role in the constitution of this political teleology by, on the one hand, allowing the liberation movement to produce an account of Mozambican history which both gave legitimacy to its own struggle while at the same time undermining alternative accounts and, on the other, set the scene for the implementation of a national project that came to be primarily concerned with the reproduction of the claim to power of the liberation movement. Forty years of independence in Mozambique offer an ideal time frame to attempt the construction of such a lens.     

Giving (Money) Back To Parents: Racial/Ethnic and Immigrant–Native Variation in Monetary Exchanges During the Transition to Adulthood

Scholars consistently find that parents provide economic support to their young adult children through the transition to adulthood. However, scholars rarely examine whether young adults contribute monetary resources to their parents. To test this proposition, I use the National Longitudinal Study of Adolescent to Adult Health, and the case of “money for living expenses.” Overall, monetary independence is the modal category for all groups. However, when I compare across groups, I find that White young adults with native-born parentage are more likely to report monetary independence, African Americans are more likely to report monetary interdependence and Asian and Latino children of immigrants are more likely to report child-to-parent assistance compared to each other, with SES explaining most, but not all, of these differences. I argue that young adult offspring in non-White families are more likely to provide monetary support to their parents during the transition to adulthood. These transfers may deplete resources for non-White young adults and may exacerbate racial/ethnic inequality during the transition to adulthood.