论股东代位诉讼的适用限制及其意义

2005年新的《公司法》已经颁布施行,新《公司法》较之旧《公司法》有很大的理论创新,体现在新《公司法》一系列制度之中。其中一项制度创新即是首次赋予了少数股东代位诉讼的权利,加强了对中小股东利益的保护力度。文章在比较新旧《公司法》关于股东代位诉讼制度的基础上,对其在诉讼中所遇到的问题进行分析,进一步探求其理论内涵及制度建设,加强在实践中的操作性,以期能更好地保护中小股东的利益。     

A New Parliament Reviews the General Teaching Council for Scotland

The first major legislation of the new Scottish Parliament is an Education Act which has a dramatic impact on the General Teaching Council for Scotland. The Act has implications for the influence of teacher unions over the Council, for the dismissal of teachers who are deemed to be incompetent, and for the continuing professional development of teachers. Relationships between teachers and government are thus fundamentally changed by the new Parliament and its processes.     

批评语与言语行为转喻

Thornburg＆Panther提出的言语行为转喻（简称为SAM）理论融合了言语行为理论和转喻理论两方面的内容,认为言语行为同其他日常行为一样可以被分解为若干个阶段,而这些阶段构成言语行为脚本（acfion scenario）。在交际中,每一个阶段都可以激活整个脚本并指代整个行为。本文则试图以该理论为基础来分析转喻思维涉及“批评”类语言所在各个阶段的语用解释力。     

Education for liberal democracy: Fred Clarke and the 1944 Education Act

Fred Clarke (1880–1952), an English educationist, emerged as a leading figure with his liberal approach alongside such key figures as R. H. Tawney and Cyril Norwood in the reform leading to the 1944 Education Act. Many of his reform proposals, which were provided by the new Act, reflected his ideals of liberal democracy. Nevertheless, his contribution to the process of the legislation has not been examined thoroughly. Therefore, this paper explores his positions on educational issues in various debates and his approaches towards the reform. It also evaluates the extent to which the 1944 Education Act was in line with Clarke’s ideals and proposals so that a comprehensive assessment of Clarke’s contribution to the legislation can be made.     

利用外资改组国有企业法律问题新探

利用外资改组国有企业是我国更好的吸引外资、促使国有资产保值增值的有效方式。当前利用外资改组国有企业出现了一些新动向 ,也带来了不少新问题 ,需要树立正确的法律观念 ,制定《外资法》、《反垄断法》或《国家安全法》、《国有资产法》、《并购法》 ,逐步完善我国外资法、国有资产管理体系、产业政策法以及证券法等。     

近年美国提高中小学教师队伍质量的核心举措

为了实现<不让一个孩子落后法案>确立的目标,从根本上扭转中小学生学业不佳的局面,美国政府将提高基础教育教师队伍素质作为改革的突破口,采取了一系列重要措施.主要包括:颁布和实施"高质量教师"法案;启动"教师互动项目";创设电子化教师专业发展平台;建立开放的教师聘用制度;奖励做出卓越贡献的优秀教师.     

日本公司法的历史变革（1898-2005）

介绍了日本公司法从1898年诞生到2005年的发展变革历程：1898年的明治商法典被认为是日本公司法正式诞生的标志,经历了德国化阶段和美国化阶段,2005年公司法典颁布后,日本公司法从商法典中彻底脱离,形成一个新的体系.梳理了日本公司法在这个变革中的发展轨迹与特征.     

'A Free Hand and Ready Help'? The Supervision and Control of Elementary Education in Staffordshire c. 1902-1914

This article looks at the controversy surrounding the 1902 Education Act in Staffordshire, and the role of the Education Committee and its first Director, Graham Balfour, during the first ten years of the implementation of the Act. The 1902 Education Act has often been seen as a watershed in the conflict between Nonconformist and Established Church educationalists. This study shows that while religious controversy dominated the months surrounding the passing of the Act and continued to preoccupy certain interest groups for many years, the new bureaucracy created in 1902 changed the central issues in elementary education. Religious priorities were replaced by financial and organisational priorities. Balfour's success in dealing with these new priorities provided elementary education in Staffordshire with a unity and stability notably absent during the 19th century. This article assesses Balfour's perspective, the attitudes and expectations of religious and educational groups, and the reality of elementary education in Staffordshire after the implementation of the 1902 Education Act.     

Historiographical Reflections on the 1902 Education Act

This paper offers an overview of the 20th century historiography of the 1902 Education Act. The Act and its educational consequences have been systematically reflected upon by historians of education in every decade since the 1950s. Eaglesham's ground-breaking and detailed study of the Act roughly marked its half-centenary. In the mid-1970s, its three-quarters centenary was marked by an important debate within the annual conference proceedings of the British History of Education Society, between Simon and Cruickshank. In the 1980s, the work of Reeder pushed this debate forward and later in the 1990s, Daglish offered new insights into the political background of the period. This article is concerned with how the story of the 1902 Education Act has been told by historians of education, how this story differs, and whether, in the light of more recent research, any new versions of the story might contribute a further dimension to our historical understanding.     

论公司的担保能力及担保效力——对新《公司法》第16条的解读

公司是否具有担保能力,境外学者存在承认说和否认说。我国新《公司法》相关条款规定了公司具有一般的担保能力,但我们依据新《公司法》在理解公司担保合同的效力时存在障碍。只有将新《公司法》中关于公司担保条款“内部审议程序”的规定理解为强制性规范,才能廓清公司担保能力问题。对于公司超限额担保和越权担保的效力问题,不能简单认定为无效或有效,而应结合合同法、担保法和公司法作出个案判断。     

What Does the No Child Left Behind Act Mean to Early Childhood Teacher Educators?: A Call for a Collective Professional Rejoinder

This article is a call to become more critically aware of the new law commonly referred to as No Child Left Behind Act, which was put into effect in 2002 in the United States. The article is also an invitation to early childhood educators worldwide to engage in a dialogue that raises several questions: (a) How does such legislation affect early childhood educators and teacher preparation programs?; (b) How might teacher educators react and respond to the new law as they continuously practice informed decision-making about teacher preparation that is socially responsible? In view of these questions, it is a hope that we can see the initiation of nationwide dialogue regarding the issue of the No Child Left Behind Act. Primarily, how does the new law affect teacher educators and teachers? It is inevitable for us to be united and politically informed to prevent further scrutiny of questionable politically and economically driven educational practices in the United States, not to mention “test-heavy” evidence-based education reform.     

美国州政府的文官制度改革

美国联邦政府通过《彭德尔顿法》后不久,州政府的文官制度改革也随即兴起。州政府的文官改革大致可分为两个阶段:1883-1939年是自发改革的阶段,1940年以后是在联邦政府引导下进行改革的阶段。到1979年时,已有35个州进行了比较全面的文官体制改革,其他州也迫于联邦政府的压力在某些领域实施了不同程度的改革。文官制度的发展在很大程度上克服了政党分肥制的弊端,但同时也带来了一些负面的影响,因此在最近的30年中美国各州又出现了修正文官体制的改革趋势。     

Undocumented & Unafraid: The DREAM Act 5 and the Public Disclosure of Undocumented Status as a Political Act

In 2010, the political advocacy of undocumented immigrant students in support of the DREAM Act took a new and decisive direction when the public disclosure of undocumented status as political act was adopted. This new political strategy included the first case of civil disobedience practiced by a group of undocumented immigrant students now known as the DREAM Act 5. Letters written by four of the DREAM Act 5, press media articles and interviews, and information from student advocacy blogs were examined in this study. The students?? political agency/subjectivity was the focus of the analysis as well as the function of the public disclosure of undocumented status in challenging the societal exclusion, invisibility, and dehumanization of undocumented immigrant students.     

西宁市三县农村新《义务教育法》实施情况调研

2006年6月全国人大对我国的《义务教育法》进行了全面修订并予以实施。新的义务教育法实施一年来,农村教育出现了前所未有的可喜变化。然而,由于历史和现实的原因,新法令在贯彻落实过程中面临许多新的矛盾和问题。本文通过对西宁市三县农村义务教育状况的调研,从中掌握第一手材料,发现问题,为地方政府采取措施,促进农村义务教育的发展提供了必要的依据及对策思路。     

论教育法的价值在教育法体系中的地位

教育法制的发展过程,实际上是不断形成教育法的价值共识的过程,是不断建构教育法的价值基准的过程。笔者拟在我国现有教育法的价值取向的基础上,运用价值哲学理论,在与教育法体系的相互观照中,对教育法的价值进行初步的探讨。     

通过言语行为理论透析奥斯汀和塞尔的语言哲学观

20世纪初,西方传统哲学发生了一次根本性的＂语言转向＂,语言取代认识论成为哲学研究的中心课题。1962年英国哲学家奥斯汀提出了＂言语行为理论＂这一概念,此后,美国哲学家塞尔提出了著名的＂间接言语行为理论＂,修正和完善了奥斯汀的言语行为理论,为我们在新时期全面理解语言的现象和本质提供了一个全新的视域。     

间接言语行为的语用功能

该文首先介绍了间接言语行为理论的源起以及Searle对Austin言语行为理论的发展,阐明间接言语行为理论的内涵及其类别。继而从语用学的角度出发,着重从表示婉拒、批评、强调、礼貌、请求五个方面详细分析了间接言语行为的功能性。     

澳大利亚高等教育支持法案述评

2008年,澳大利亚出台了<高等教育支持法案>修订版,该修订版进行了高等教育拨款援助和学生贷款等制度的改革,增加了弱势群体的入学机会,促进了教育公平,对我国高等教育经费制度的改革具有借鉴意义.     

The New Style Boards of Governors – Are They Working?

In the 1980s, the Government believed that the extra demand for new graduates would need to be met by making higher education institutions more 'business–like'. This change was aimed at making these institutions more responsive to the country's economic needs by improving access, quality and efficiency. One consequence of the move to more 'business–like' organisations was the imposition, under The Education Reform Act (1988) and The Further and Higher Education Act (1992), of newly constituted boards of governors upon the new universities and colleges of higher education.
These new boards were structured so that the majority of their membership consisted of 'independent members', defined in the 1988 Act as 'persons appearing to the appointing authority to have experience of, and to have shown capacity in industrial, commercial, or employment matters or the practice of any profession'. These boards were expected to lead, or at least to act as catalysts for, the necessary change process. The paper argues that boards of governors could be said to be very efficient but not necessarily very effective and suggests that more needs to be known about the corporate governance process in the new universities and colleges of higher education.     

No Child Left Behind and the Federal Role in Education: Evolution or Revolution?

As the most significant revision of federal education policy in decades, No Child Left Behind Act (NCLB) raises the question of whether it represents a sharp departure from past policy or simply the next phase in the evolution of that policy. This article examines the implementation history of Title I of the Elementary and Secondary Education Act from the original legislation enacted in 1965 to the most recent embodiment in NCLB. It concludes that, although NCLB has expanded federal regulation, this newest version reflects an evolution of the federal role rather than a radical redefinition, with NCLB's design only possible because of profound changes in the state role over the past 20 years.