合同语言的内在秩序与合同解释的客观主义

合同语言的歧异性之普遍存在决定了合同解释的普遍性。合同语言的公平、效率和安全等内在价值,则规定了合同解释必须遵循这种价值基础;而合同语言的内在秩序也只有在合同解释的客观主义中才能够得到最好的说明。     

中外合资企业“独资化”的若干法律问题

近些年来，外商对华直接投资中外商独资企业的比重明显提高，并且原有的一些中外合资企业的外国投资者尤其是跨国公司，亦纷纷通过受让中方股权或增资扩股的方式将合资公司转变为外方控股或独资的公司，呈现出一股“独资化”的趋势。合资企业的“独资化”趋势有其深刻的时代背景和内在原因，并将对我国经济的发展带来深远的影响。本文对合资企业“独资化”过程中的增资扩股、股权转让及其审批、股权交割完成的标志以及股权转让协议的法律适用等问题进行探讨，并提出相关立法建议。     

股权分置改革与中国上市公司价值的提升

随着我国市场经济的发展,股权分置所带来的不利因素越来越成为政府、上市公司、投资者等社会各界不能回避的现实问题.自2005年起股权分置改革试点工作正式启动.上市公司是我国经济运行中最具发展优势的群体,股权分置改革对于提升上市公司核心竞争力和价值有着重要的意义.     

公平的公共政策是利益整合的关键

公平是公共政策的核心价值,利益整合是公共政策重要功能。公共政策存在某种程度的公平价值缺失和偏差是我国目前利益冲突、利益失衡的主要原因。应在公共政策的整个过程中贯彻公平的价值观,制定有利于公众享受到权利、规则、机会、分配公平的公共政策体系并有效实施,以达到利益整合的目的。     

Healthcare in India: Changing the Financing Strategy

The way in which healthcare is financed is critical for equity in access to healthcare. At present the proportion of public resources committed to healthcare in India is one of the lowest in the world, with less than one‐fifth of health expenditure being publicly financed. India has large‐scale poverty and yet the main source of financing healthcare is out‐of‐pocket expenditure. This is a cause of the huge inequities we see in access to healthcare. The article argues for strengthening public investment and expenditure in the health sector and suggests possible options for doing this. It also calls for a reform of the existing healthcare system by restructuring it to create a universal access mechanism which also factors in the private health sector. The article concludes that it is important to over‐emphasize the fact that health is a public or social good and so cannot be left to the vagaries of the market.     

研究生选拔制度设计与选拔质量

基于中国研究生教育需求大于供给的现状以及未能真正实现宽进严出的培养政策,探讨了研究生选拔制度与选拔质量及公平性的关系。认为一项合理有效的研究生选拔制度应该首先保障研究生选拔的总体结果优化和入围机会公平,其次才是导师的个性偏好。论文剖析了中国农业大学的研究生选拔制度,认为现行选拔制度在保障总体选拔质量优化的前提下兼顾了导师的个性作用,这种选拔模式符合当前中国的社会现实。     

Applying the ‘Experience-Near’ Principle To Research: Psychoanalytically Informed Methods1

This article is about how to preserve the vitality of the meaning conveyed to social science researchers by participants. I use the example of a qualitative, psycho-social project on the topic of how women's identities change when they become mothers for the first time. Psychoanalysis was used and adapted to understand both participants' and researchers' experience, and the relation of these to each other. I describe two psychoanalytically informed research methods, free association narrative interviewing and infant observation, and give examples of how, separately and together they can go beyond a text-based method and conceptualise identities in ways that avoid reproducing assumptions of rational, unitary, discursive subjectivity. In assessing how well the two methods worked, I focus my discussion on the observation method using four themes: dimensions of time, embodiment and practices, spatial sensitivity and multiple positioning, and how knowing is accomplished in research.     

Educational equity in ethnically diverse group work

Educational research in cooperative learning suggests that inequity based on perceived status may be an issue with heterogeneous cooperative learning groups. This paper explores issues of status based on race, ethnicity and cultural background in the New Zealand tertiary classroom where there is a diverse mix of domestic and international students. A four-year research project examined attitudes and perceptions of both domestic and international tertiary students towards cooperative learning. The findings of the research project indicate that initial assumptions of relative status and ability of group members have a major effect on the outcomes of the group. These assumptions, demonstrated by both domestic and international students, may be based on expectations of language ability and familiarity with the pedagogical environment, including the assumed norms and behavioural patterns of the host educational setting, and may disadvantage students from different cultural backgrounds. This can become a self-fulfilling prophecy limiting the effective interaction and participation in the group by international students and other students perceived to be of low status, and the development of trust and reciprocal interdependence among group members. Strategies to weaken the effects of status, promote more equitable interaction and foster productive group outcomes are proposed.     

Chinese and Americans Agree on What Is Fair,but Disagree on What Is Best in Societal Decisions Affecting Health and Safety Risks

Through surveys of students and junior professionals and interviews with business and government executives, we studied Chinese choices and fairness perceptions in risky health and safety decisions. The survey responses were compared with American responses from an earlier study by Keller and Sarin.The survey results show that the American and Chinese respondents had similar fairness perceptions, but the Chinese did not make decisions that were consistent with their fairness perceptions, whereas the Americans did. We found that the middle-age Chinese professionals tended to make choices that were more different from the Americans than were the choices of the young Chinese management students. It is likely that these discrepancies were caused by cultural differences, with the younger Chinese tending to face a stronger Western influence.The insights from the survey results were enriched by interviews that revealed fairness perceptions of Chinese business and government executives. A framework to interpret cultural influences on decision making was also proposed.     

论改进我国上市公司股权结构的必要性和途径

建立有效的公司治理结构是现代企业制度的核心内容 ,本文分析了我国上市公司股权结构和治理结构存在的问题 ,提出从降低国有股权比例 ,培育寡头垄断型持股主体 ,发展证券投资基金等几个方面入手 ,改善上市公司的股权结构 ,促进有效的公司治理的建立