In April 2022,then-President of Mexico Andrés Manuel López Obrador officially implemented the lithium resources nationalization law and established the state-owned enterprise LitioMx to oversee their explora...In April 2022,then-President of Mexico Andrés Manuel López Obrador officially implemented the lithium resources nationalization law and established the state-owned enterprise LitioMx to oversee their exploration,extraction,and processing.His successor,Claudia Sheinbaum,reaffirmed this assertive resource governance policy in October 2024.As a direct consequence,the operations of the Chinese firm,Ganfeng Lithium in Mexico,experienced significant disruption.展开更多
The two-tier shareholding structure,which originated in the United States,has become popular around the world.Unlike the traditional model of“equal shares with equal rights”,the core feature of the two-tier sharehol...The two-tier shareholding structure,which originated in the United States,has become popular around the world.Unlike the traditional model of“equal shares with equal rights”,the core feature of the two-tier shareholding structure is that the company issues two classes of shares with different voting rights.It enables the concentration and stabilization of corporate control,which has a positive effect on the long-term development of the company and resistance to hostile takeovers.Against the background of the rapid development of the capital market and the continuous innovation of corporate governance structure,the two-tier shareholding structure has begun to be adopted by many enterprises.While this structure can improve the efficiency of corporate governance and promote corporate growth,it also raises a number of challenges.In particular,for small and medium-sized shareholders,their shareholdings may face the problem of limited or no voting rights,as well as the lack of an effective internal and external monitoring mechanism for the company.These issues may lead to the impairment of the rights of small and medium-sized shareholders.Currently,challenges in practice include inadequate laws and regulations,insufficient disclosure of information,and inadequate monitoring mechanisms.Therefore,exploring the path to protect the rights and interests of small and medium-sized shareholders and analyzing their current situation has become an important area in the study of two-tier shareholding structures.This paper starts from the actual situation,analyzes the problems exposed in the operation process of two-tier shareholding structure,and then explores the practical and feasible methods to protect the rights and interests of small and medium-sized shareholders on this basis,with a view to putting forward valuable references for the development of China’s securities market.展开更多
In a deeply aging society,the appointed guardianship system,as an important arrangement for the protection of the rights and interests of the elderly,still faces many practical difficulties.Typical examples include:du...In a deeply aging society,the appointed guardianship system,as an important arrangement for the protection of the rights and interests of the elderly,still faces many practical difficulties.Typical examples include:during the decision-making stage of whether to choose appointed guardianship,the lack of professionalism and availability of appointed guardians can easily hinder the elderly from choosing to apply it;during the establishment stage of appointed guardianship,the limited rules related to the appointed guardianship agreement can easily lead to the frustration of the elderly’s subjective will;during the operation stage of appointed guardianship,the insufficient accountability mechanisms for appointed guardians can easily lead to the infringement of the personal or property rights of the elderly.By reflecting on its jurisprudential causes,it can be found that the current law largely ignores the orientation of appointed guardianship as a welfare for the elderly in social law,the concept of substantive equality in the appointed guardianship agreement,and the theoretical attributes of the appointed guardianship as a fiduciary relationship.Therefore,the appointed guardianship system in China should be systematically improved to fully release its institutional potential in the protection of the rights and interests of the elderly based on these jurisprudential principles.In particular,it is possible to consider actively promoting the“trust+appointed guardianship”model and cultivating a team of appointed guardians by the state based on the concept of elderly welfare;strengthening the protection of notarization procedures and the reasonable design of the appointed guardianship agreement based on the concept of substantive equality;and refining the fiduciary standards of appointed guardians and strengthening guardianship supervision based on the nature of fiduciary relationship.展开更多
The protection of the rights and interests of the elderly is increasingly becoming a core element in advancing Chinese modernization,actively responding to population aging,and ensuring the living security and rights ...The protection of the rights and interests of the elderly is increasingly becoming a core element in advancing Chinese modernization,actively responding to population aging,and ensuring the living security and rights protection of the elderly.The existing policy and legal system for the elderly is continuously being perfected,with related laws,regulations,rules,and policy measures constantly improving.The standards and regulatory systems for the construction,operation,and development of the elderly care service system are becoming more robust,and the coverage of the protection of the rights and interests of the elderly is expanding rapidly.However,with the high-quality development of the economy and society,the deep transformation of social structure,form,culture,and institutions brings new challenges to the construction of the policy and legal system for the elderly.In the new era,the comprehensive rights and interests of the elderly,such as consumer rights,equal access to age-friendly products,information security protection,and social participation and development rights,need to be strengthened.Starting from the national strategy of actively responding to population aging,it is urgent to focus on the extended space of the protection of the rights and interests of the elderly in the new era,coordinate the development plans and institutional arrangements for the elderly cause,and construct and improve the policy and legal system for the elderly that is adapted to Chinese modernization.展开更多
文摘In April 2022,then-President of Mexico Andrés Manuel López Obrador officially implemented the lithium resources nationalization law and established the state-owned enterprise LitioMx to oversee their exploration,extraction,and processing.His successor,Claudia Sheinbaum,reaffirmed this assertive resource governance policy in October 2024.As a direct consequence,the operations of the Chinese firm,Ganfeng Lithium in Mexico,experienced significant disruption.
文摘The two-tier shareholding structure,which originated in the United States,has become popular around the world.Unlike the traditional model of“equal shares with equal rights”,the core feature of the two-tier shareholding structure is that the company issues two classes of shares with different voting rights.It enables the concentration and stabilization of corporate control,which has a positive effect on the long-term development of the company and resistance to hostile takeovers.Against the background of the rapid development of the capital market and the continuous innovation of corporate governance structure,the two-tier shareholding structure has begun to be adopted by many enterprises.While this structure can improve the efficiency of corporate governance and promote corporate growth,it also raises a number of challenges.In particular,for small and medium-sized shareholders,their shareholdings may face the problem of limited or no voting rights,as well as the lack of an effective internal and external monitoring mechanism for the company.These issues may lead to the impairment of the rights of small and medium-sized shareholders.Currently,challenges in practice include inadequate laws and regulations,insufficient disclosure of information,and inadequate monitoring mechanisms.Therefore,exploring the path to protect the rights and interests of small and medium-sized shareholders and analyzing their current situation has become an important area in the study of two-tier shareholding structures.This paper starts from the actual situation,analyzes the problems exposed in the operation process of two-tier shareholding structure,and then explores the practical and feasible methods to protect the rights and interests of small and medium-sized shareholders on this basis,with a view to putting forward valuable references for the development of China’s securities market.
基金the National Social Science Fund of China Youth Project“Research on the Application Dilemma and Solutions of the Appointed Guardianship Clauses in the Civil Code”(Project Approval Number 20CFX075).
文摘In a deeply aging society,the appointed guardianship system,as an important arrangement for the protection of the rights and interests of the elderly,still faces many practical difficulties.Typical examples include:during the decision-making stage of whether to choose appointed guardianship,the lack of professionalism and availability of appointed guardians can easily hinder the elderly from choosing to apply it;during the establishment stage of appointed guardianship,the limited rules related to the appointed guardianship agreement can easily lead to the frustration of the elderly’s subjective will;during the operation stage of appointed guardianship,the insufficient accountability mechanisms for appointed guardians can easily lead to the infringement of the personal or property rights of the elderly.By reflecting on its jurisprudential causes,it can be found that the current law largely ignores the orientation of appointed guardianship as a welfare for the elderly in social law,the concept of substantive equality in the appointed guardianship agreement,and the theoretical attributes of the appointed guardianship as a fiduciary relationship.Therefore,the appointed guardianship system in China should be systematically improved to fully release its institutional potential in the protection of the rights and interests of the elderly based on these jurisprudential principles.In particular,it is possible to consider actively promoting the“trust+appointed guardianship”model and cultivating a team of appointed guardians by the state based on the concept of elderly welfare;strengthening the protection of notarization procedures and the reasonable design of the appointed guardianship agreement based on the concept of substantive equality;and refining the fiduciary standards of appointed guardians and strengthening guardianship supervision based on the nature of fiduciary relationship.
基金the National Social Science Fund for Youth Project“Research on the Transformation of Multi-Dimensional Demographic Dividend Based on High-Quality Population Development”(Project Approval Number 24CRK001).
文摘The protection of the rights and interests of the elderly is increasingly becoming a core element in advancing Chinese modernization,actively responding to population aging,and ensuring the living security and rights protection of the elderly.The existing policy and legal system for the elderly is continuously being perfected,with related laws,regulations,rules,and policy measures constantly improving.The standards and regulatory systems for the construction,operation,and development of the elderly care service system are becoming more robust,and the coverage of the protection of the rights and interests of the elderly is expanding rapidly.However,with the high-quality development of the economy and society,the deep transformation of social structure,form,culture,and institutions brings new challenges to the construction of the policy and legal system for the elderly.In the new era,the comprehensive rights and interests of the elderly,such as consumer rights,equal access to age-friendly products,information security protection,and social participation and development rights,need to be strengthened.Starting from the national strategy of actively responding to population aging,it is urgent to focus on the extended space of the protection of the rights and interests of the elderly in the new era,coordinate the development plans and institutional arrangements for the elderly cause,and construct and improve the policy and legal system for the elderly that is adapted to Chinese modernization.
