我国商事登记制度的理论深化与实践分析——以《企业信息公示暂行条例》的颁布为视角

2014 年10 月1 日《企业信息公示暂行条例》（以下简称《条例》）的正式实施,从信息公示的角度解决了新 《公司法》颁布后引发的债权人保护的问题。但是,《条例》的位阶与《公司法》不具有对称性,其具体内容也需完善。 而企业信息公示制度是商事登记制度中的重要内容。长期以来,理论界对商事登记的法律性质争论不休,其中颇具代 表性的“公法行为说”、“私法行为说”与“双重性质说”均不能揭示商事登记的法律性质,而“法律事实记录环节说”准 确地揭示了商事登记的法律性质。《条例》的公布实施,对构建我国商事登记制度大有裨益。但《条例》还存在着对公 示信息真实性要求不明确具体、对企业信用等级区分不细等不足,应通过引入公证制度、建立企业信用评级制度来予 以完善。     

Shifts in the employment outcomes among Mexican migrants to the United States, 1976–2009

Although studies have examined the impact of U.S. immigration policy shifts in the 1980s and 1990s on the employment outcomes of migrants, scholars have paid less attention to how the federal government's shifting approach to worksite enforcement has transformed the conditions in which Mexican migrants work. Consistent with previous research, we find a worsening of conditions for both unauthorized and legal Mexican migrants in the years following the passage of the Immigration Reform and Control Act (IRCA) and that unauthorized status is associated with more unfavorable workplace conditions relative to legal immigrants. However, in the first decade of the 21st century, we also find that unauthorized immigrants’ employment outcomes more closely resemble those of legal immigrants now than in the past, suggesting a dramatic shift in the ways that employers treat unauthorized immigrants on the job. This convergence between authorized and unauthorized migrants is consistent with federal policies and practices related to workplace enforcement.     

Does age affect the efficacy and safety of GreenLight HPS™ laser photoselective vaporization prostatectomy?

Background: To evaluate the efficacy and safety of GreenLight HPS^? (High Performance System) laser photoselective vaporization prostatectomy (PVP) for the treatment of benign prostatic hyperplasia (BPH) in patients of different age groups. Methods: 164 consecutive patients were stratified into two groups: age <70 (group I, n?=?93) and age ≥70 (group II, n?=?71) years. Transurethral PVP was performed using a GreenLight HPS? side-firing laser system. Voiding parameters were measured preoperatively and at 1 and 4 weeks and 3, 6, 12, 18, 24 and 36 months postoperatively. Results: Among the preoperative parameters evaluated, there were significant differences (p?<?0.05) in prostate volume (I: 58.7; II: 73.6?mL) and serum prostate-specific antigen (I: 1.9; II: 2.9?ng/mL), while American Urological Association Symptom Score (AUASS), Quality of Life (QoL), maximum flow rate (Qmax), Sexual Health Inventory for Men (SHIM) and post void residual (PVR) were similar (p?>?0.05) between groups. No significant differences in laser utilization, energy usage and operating time were noted. Clinical outcomes (AUASS, QoL, Qmax, PVR) showed immediate and stable improvement from baseline (p?<?0.05) within each group, but no significant differences between the two groups were observed during the follow-up period. The incidence of adverse events was low and similar in both groups. Conclusions: The results suggest that age has little effect on the efficacy and safety of GreenLight HPS? laser PVP.     

Strategic Supply Function Competition With Private Information

A finite number of sellers (n) compete in schedules to supply an elastic demand. The cost of each seller is random, with common and private value components, and the seller receives a private signal about it. A Bayesian supply function equilibrium is characterized: The equilibrium is privately revealing and the incentives to rely on private signals are preserved. Supply functions are steeper with higher correlation among the cost parameters. For high (positive) correlation, supply functions are downward sloping, price is above the Cournot level, and as we approach the common value case, price tends to the collusive level. As correlation becomes maximally negative, we approach the competitive outcome. With positive correlation, private information coupled with strategic behavior induces additional distortionary market power above full information levels. Efficiency can be restored with appropriate subsidy schemes or with a precise enough public signal about the common value component. As the market grows large with the number of sellers, the equilibrium becomes price‐taking, bid shading is on the order of 1/n, and the order of magnitude of welfare losses is 1/n². The results extend to inelastic demand, demand uncertainty, and demand schedule competition. A range of applications in product and financial markets is presented.     

Notes on odds ratio estimation for a randomized clinical trial with noncompliance and missing outcomes

The odds ratio (OR) has been recommended elsewhere to measure the relative treatment efficacy in a randomized clinical trial (RCT), because it possesses a few desirable statistical properties. In practice, it is not uncommon to come across an RCT in which there are patients who do not comply with their assigned treatments and patients whose outcomes are missing. Under the compound exclusion restriction, latent ignorable and monotonicity assumptions, we derive the maximum likelihood estimator (MLE) of the OR and apply Monte Carlo simulation to compare its performance with those of the other two commonly used estimators for missing completely at random (MCAR) and for the intention-to-treat (ITT) analysis based on patients with known outcomes, respectively. We note that both estimators for MCAR and the ITT analysis may produce a misleading inference of the OR even when the relative treatment effect is equal. We further derive three asymptotic interval estimators for the OR, including the interval estimator using Wald’s statistic, the interval estimator using the logarithmic transformation, and the interval estimator using an ad hoc procedure of combining the above two interval estimators. On the basis of a Monte Carlo simulation, we evaluate the finite-sample performance of these interval estimators in a variety of situations. Finally, we use the data taken from a randomized encouragement design studying the effect of flu shots on the flu-related hospitalization rate to illustrate the use of the MLE and the asymptotic interval estimators for the OR developed here.     

Foster care placement breakdown in the Netherlands and Flanders: Prevalence,precursors, and associated factors

Family foster care is the option of choice for children in need of out‐of‐home care in Flanders and the Netherlands. Foster care is however a vulnerable intervention, and questions can be raised as to its efficacy. Although the literature on placement breakdown has made significant progress during the last years, empirical knowledge regarding breakdown in Flanders and the Netherlands remains scant. Consequently, this study aimed at investigating prevalence and precursors of breakdowns in long‐term foster care, the duration of placement before breakdown, and the association of child and placement characteristics with breakdown. Case files of 271 Dutch and 309 Flemish foster children were analysed with a coding scheme designed for this study. After 6 years, 398 placements had terminated: 169 placements broke down and 229 placements ended positively. Placements broke down mainly because of behavioural problems of the foster child, foster parents' parenting problems, and conflicts between birth and foster parents. Foster children with behavioural problems, older foster children, foster children denied treatment, and foster children in care because of sexual abuse were more at risk of breakdown. Assessing these factors is important when evaluating the appropriateness of a family foster care placement.     

Better educational inclusion of migrant children in urban schools? Exploring the influences of the population control policy in large Chinese cities

The educational inclusion of rural–urban migrant children in Chinese urban schools has been promoted in the past decades. This paper provides a contextualized interpretation of recent policy developments governing large Chinese cities and evaluates its impact upon the status of migrant children's education. Drawing on data collected from 1,331 migrant children in urban inclusive schools, this study compared current migrant children's family backgrounds and psychological sense of belonging at school in relation to educational outcomes at the primary education level. Results showed that migrant children's socioeconomic status (SES) levels were slightly higher than their counterparts in inclusive schools and a salient SES stratification of migrant students was found. This correlates with students’ reports of fewer incidences of discrimination than hypothesized. Furthermore, capital in migrant families was positively associated with the psychological sense of belonging and academic achievement. These results reveal a significant change to migrant students’ SES as a result of the recent population control policy pertaining to China's large cities since 2014. Implications for research and educational practice, especially with at‐risk migrant students of low‐SES, are discussed.     

Shards of the old looking glass: restoring the significance of identity in promoting positive outcomes for looked‐after children

There is a driving force within current UK child welfare policies which promotes a strengths led approach to both assessment and care planning for children in need. Social policy emphasizes the importance of tangible outcomes such as education achievement, which have been enshrined in statute. However, other developmental outcomes, such as identity, are subordinated. Notwithstanding the relevance of these more concrete indicators, this paper suggests that this focus has left a gap at theoretical, strategic and operational levels relating to more psychosocial aspects of human growth and development, such as identity. This paper seeks to redress that gap by considering identity as both a process and an outcome. Following a review of the literature on identity development, it presents an analysis of semi‐structured interviews with 13 young people and their social workers. The findings show how young people's identity is shaped by their relationships, can be a protective mechanism, and deferred or put on standby. In the concluding discussion the implications for social work practice are highlighted.     

Distance Education Alumni: How Far Have They Gone?

SUMMARY

This evaluation compared 34 distance education (DE) and 38 on-campus alumni regarding employment-related outcomes; professional activities; satisfaction with MSW program components; and development of knowledge, skills, and values. Findings showed equivalent outcomes in most respects. DE alumni were generally positive about the extent to which the program enabled them to develop professionally.     

Unpacking Court Divorce Decrees,Children’s Outcomes,and Three Unconfounded Determinants: An Evidence-Based Look

This article examines evidence on 3 determinants of the outcomes of children of divorce that are shaped but neither confound or are confounded by court decrees for custody and parenting time: father contact or involvement, high interparental conflict, and domestic violence. This evidence is brought to bear in an analysis that contrasts predictions based on the rationales for sole maternal versus joint custody and explores implications for judicial decision making. It is found that the best-interests-of-the-child standard better serves children in contested cases when this evidence is taken into account. A call is made for rebuttable presumptions for joint custody and commensurate parenting time except when parent-perpetrated violence or other patterns of abusive behavior are substantiated. Steps for judicial reform are proposed.