章程股权转让限制的比例原则审查

我国《公司法》对有限公司章程进行股权转让限制做出了授权性规定,但是却没有明确其合法性范围,实践中存在大股东利用资本多数决原则修改章程,侵害股权自由转让权利的现象。实务界对于限制措施的合法性分析存在滥用人合性、分类不合理等问题,理论界虽然提出了多种学说,但是却仍存在正当性不足、分类标准模糊和可操作性差等问题。比例原则审查由其四个子原则构成,具有较强的逻辑性和可操作性,能够充分保证限制措施与人合性保护目的之间的均衡。适用比例原则进行审查符合该原则的本质特征,具有可行性。比例原则能够从手段与目的关联性、限制强势主体滥用权利的角度,对其合法性展开审查。     

人力资本投资与地区经济协调发展

人力资本投资在地区经济协调发展中的作用在于:影响经济增长速度,进而影响地区差距;影响地区竞争优势,进而影响地区分工格局;影响落后地区贫困人口的脱贫及经济增长方式,从而影响社会的稳定和谐和可持续发展的实现。从人力资本投入总量及条件等方面看,东中西部人力资本投资情况存在较大差异,它影响了地区经济的协调发展。必须注重全局,制订人力资本投资规划;在强化区域投资中向人力资本投资倾斜;整合落后地区教育资源,加大中西部地区基础教育的投入,开放教育市场,引进外部资金,增强中西部地区人力资本积累能力;增加农村公共卫生特别是中西部农村的公共卫生投入,全面提升落后地区人力资本质量,促进地区经济协调发展。     

On distribution-weighted partial least squares with diverging number of highly correlated predictors

Summary.  Because highly correlated data arise from many scientific fields, we investigate parameter estimation in a semiparametric regression model with diverging number of predictors that are highly correlated. For this, we first develop a distribution-weighted least squares estimator that can recover directions in the central subspace, then use the distribution-weighted least squares estimator as a seed vector and project it onto a Krylov space by partial least squares to avoid computing the inverse of the covariance of predictors. Thus, distrbution-weighted partial least squares can handle the cases with high dimensional and highly correlated predictors. Furthermore, we also suggest an iterative algorithm for obtaining a better initial value before implementing partial least squares. For theoretical investigation, we obtain strong consistency and asymptotic normality when the dimension p of predictors is of convergence rate O { n ^1/2/ log ( n )} and o ( n ^1/3) respectively where n is the sample size. When there are no other constraints on the covariance of predictors, the rates n ^1/2 and n ^1/3 are optimal. We also propose a Bayesian information criterion type of criterion to estimate the dimension of the Krylov space in the partial least squares procedure. Illustrative examples with a real data set and comprehensive simulations demonstrate that the method is robust to non-ellipticity and works well even in 'small n –large p ' problems.     

中亚东干族文化传统及近年中亚地区汉语教学的发展

中亚东干族是中国陕甘回民的后裔,是因战争迁徙而聚居于哈、吉、乌三国的华人群体。本文考察中亚东干族的形成,分析其突出的文化表征,阐述东干文化对中国汉文化的继承,介绍国内对东干留学生的汉语教学与中亚地区汉语教学的现状及发展前景。     

A variable-neighbourhood search algorithm for finding optimal run orders in the presence of serial correlation

The responses obtained from response surface designs that are run sequentially often exhibit serial correlation or time trends. The order in which the runs of the design are performed then has an impact on the precision of the parameter estimators. This article proposes the use of a variable-neighbourhood search algorithm to compute run orders that guarantee a precise estimation of the effects of the experimental factors. The importance of using good run orders is demonstrated by seeking D-optimal run orders for a central composite design in the presence of an AR(1) autocorrelation pattern.     

道家文化资源与女性和谐人生——论女性创作的道家思想传承与文化启迪

道家思想对于女性创作和女性人生具有许多积极的指导意义,尤其是其中的和谐意识,为女性探索人与自然的和谐、人与人(包括女人与男人)的和谐以及女性自我身心的和谐提供了丰富的人文资源,也对当下女性创作的偏颇起到一定的警示作用。同时,女作家也通过自己的创作反过来阐释、丰富了道家文化的内涵,赋予道家思想与时俱进的现代意义,显示了道家文化与本土女性创作之间的互动关系。     

Conflicts in urban fringe in the transformation era: An examination of performance of the metropolitan growth management in Beijing

The performances of urban growth management are often criticized because their original objectives are frequently inconsistent with local development facts. Underlying the many reasons for this are the political and institutional contexts that influence policy-making and development activities. The urban fringe, a zone is managed to against urban sprawl in many countries, represents the conflicts between urban management system and local development resulting from political transformation. This study examines the case of decentralised-concentration strategy, one of the most important metropolitan growth management in Beijing since the 1990s, and sheds some lights on the performance of the growth management in the transformation context. The results suggest that the aims of municipal growth management to concentrate developments in urban fringe have partly been achieved through actual local developments; however, some unexpected and illegal local developments outside the planned areas are counterproductive from the perspective of municipal growth management. The performance of the present growth management is being challenged by new trends towards political decentralisation and locally fiscal responsibilities. In the interest of future policymaking, the dominant central planning system in Beijing should take these decentralisation trends into growth management account, compared with the great progress in decentralisation in economy system. The urban policy needs to shift from the dictatorial manner and put more efforts into creating a harmonious relationship between municipal growth management and actual local demands on development.     

The Tunnel at the End of the Light: the Crisis of Transition in Hungary

The economic, political and social transition processes of the last two decades, far from being in harmony, clearly have a detrimental rather than an enriching influence on each other. These processes will never become harmonised just by themselves in a natural fashion. The worst obstacle of a successful transformation is that the chief actors, such as the government, the market and the representatives of the society. The Prince, the Merchant and the Citizen do not show the necessary commitment, competence and determination to create a new, effective type of partnership. This is a challenge which urgently demands answers on all levels of governance, economic and social life. This must be done in the frames of local communities, and on the regional, the European and the global levels. Nearly twenty years after the political turnabout, Hungary now needs a new social contract and must lay down the ethical, political, institutional and intellectual foundations for its twenty-first century democracy.

Kairos economies in the post-Soviet transition period of Central Asia

There are times when entire populations of certain countries have had to readjust their lives and economic strategies as all of society is under transition. Post-Soviet Central Asia underwent this period after 1991. During times of transition, there are always people that tend to be able to make use of the new uncertainties, even at the risk of entering legal grey areas. Here new social groups emerge, ethnic origin becomes relevant and new kinship ties are made. These transformation periods are often short and provide limited opportunities for analysing the strategies of those pioneers that I call Kairos economists. They often act only in cooperation with residents of the border and with duty customs and security personnel. This article analyses this special economy with the help of case studies that have been observed during the transformation period from the Soviet to an independent Central Asia.     

Formation of European identity: ethnic minority groups in Central and Eastern Europe in generational perspective

Research into European identity has mostly focused on majority populations in Western European countries, neglecting new member states in Central and Eastern Europe (CEE) as well as ethnic minority groups. This paper contributes to filling this gap by exploring and investigating processes of European identity formation of five ethnic minority groups in four CEE countries. A generational perspective was applied by conducting qualitative in-depth interviews with three generations of ethnic minority group members. The results support the instrumental approach of identity construction. In all minority groups researched, the young generation, due to more positive personal experiences and perceived benefits from the European Union, have developed more positive images and perceptions of Europe and a greater sense of European identity than older generations. Furthermore, ethnic group-specific processes of identity formation were found.