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南博古画失踪变拍品,提级调查绝非简单“兜底”
Xin Lang Cai Jing· 2025-12-19 19:25
文物捐赠是私人收藏与公共文化的桥梁,博物馆既是文物保管者,更是公益信任的守护者。庞家向故宫 等国内多家顶级博物馆无偿捐赠的"虚斋旧藏"中不乏镇馆之宝,这份家国情怀理应被善待。但南博"先 处置、不告知"的做法,忽视了捐赠者的知情权与情感诉求,也暴露了文物处置流程的监管漏洞。 "顾客"身份模糊的销售记录、全链条合规性的疑问,仅凭单一机构自证难以服众,这正是提级调查的价 值所在——以权威中立视角厘清事实,补上监管短板。 此次提级调查的关键,是为行业立规矩、明底线。文物处置绝非所有权范围内的"自由操作",必须兼顾 程序正义、信息透明与情感尊重。既要给庞家明确交代,更要让所有文博机构知晓:善待捐赠者不是附 加题,而是必修课;公信力的建立,源于每一次规范处置与真诚尊重。 唯有如此,才能告慰捐赠者情怀,修复行业信任,让更多珍贵文物安心入藏,筑牢文化传承的根基。 ■三湘都市报全媒体评论员 张军 视频 刘文 明代仇英《江南春》图卷从南京博物院"伪作"处置到现身拍卖场,8800万估价与当年6800元售价的悬 殊,让这起跨越数十年的捐赠争议更显沉重。 据新华社最新报道,国家有关部门准备启动提级调查。提级调查绝非简单的为文博机构的公 ...
特朗普驴脾气上来了,美国处于内战以来最危险时刻
Sou Hu Cai Jing· 2025-12-11 05:39
金灿荣指出,美国正处在一个极其危险的时刻,而且这一危险的程度甚至可能是自内战以来最为严重 的。他的这一观点令人深思,那么美国为何会陷入如此困境?接下来的局势又会如何演变?今天我们将 深入探讨这一话题。 最近,国际关系专家金灿荣直言,美国现在可能正面临内战以来最危险的时刻。 那么,为什么他会这么认为呢?很多人可能会立刻联想到,中俄是否采取了一些措施反制美国呢?虽然 中俄确实在某种程度上对美国的全球霸权构成了挑战,但当前美国所面临的危机,真正的根源还是在于 美国自身。 然而,美国总统在某些特殊情况下确实可以加征关税。例如,根据1974年《贸易法》第122条和第301 条,前者允许总统在150天内加征15%的关税,后者则授权总统针对不公平或不公正的贸易行为进行单 边制裁。特朗普在任内曾多次利用这些条款对中国加征关税。此外,1962年《贸易扩张法》第232条也 授权总统以国家安全为由调整进口,实际上也被用来加征关税。因此,美国时常以国家安全作为理由来 加征关税,这也是中方对美国滥用国家安全概念的批评所在。 但特朗普在4月加征关税时,并没有依据 这些法律条款,他的做法存在问题。特朗普首先宣布国家进入紧急状态,然后才宣布 ...
马斯克万亿美元薪酬三部曲之二:2018年被特拉华州法院否决的558亿美元方案浅析
Xin Lang Cai Jing· 2025-11-08 16:16
Group 1: Overview of Tesla's Compensation Plan - Tesla designed an unprecedented compensation plan for Elon Musk in January 2018, linking his entire remuneration to the company's long-term performance, with no traditional salary or cash bonuses [1] - The plan consists of 12 milestones requiring simultaneous achievement of market value and operational targets, allowing Musk to earn stock options equivalent to 1% of the company's total equity for each $50 billion increase in market value, potentially yielding up to $55.8 billion [1] - The plan was initially seen as ambitious due to the required market value growth, which seemed unattainable at the time, but Tesla's market value eventually exceeded $1 trillion, triggering the compensation conditions [1] Group 2: Court Ruling and Legal Implications - On January 30, 2024, a Delaware court ruled against the compensation plan, initiated by a small shareholder's derivative lawsuit claiming the board violated its fiduciary duties [2] - The court's ruling focused on the fairness of the approval process and the sufficiency of information disclosure, rather than questioning Musk's value creation for Tesla [3] Group 3: Key Legal Findings - The court applied a "entire fairness" standard due to Musk being classified as a "controlling shareholder," placing the burden of proof on Tesla's board to demonstrate fairness in both process and price [3] - The approval process was found to have significant flaws, with board members having close personal and professional ties to Musk, undermining the board's ability to negotiate independently [4] - The court determined that shareholders were not "fully informed" during the vote due to significant omissions in the proxy statement regarding Musk's involvement and the board's relationships with him [4] Group 4: Governance Insights and Global Impact - The case highlights the importance of procedural fairness in corporate governance, emphasizing that even if a compensation plan appears fair in outcome, procedural defects can lead to legal challenges [8] - It establishes that transactions involving controlling shareholders require stricter judicial scrutiny, which is particularly relevant for companies with concentrated ownership [8] - The case demonstrates the effectiveness of derivative lawsuits as a mechanism for shareholder rights protection, showcasing that even small shareholders can challenge significant corporate decisions [9] Group 5: Future Outlook and Developments - Tesla plans to appeal the ruling, but legal experts believe the chances of overturning the decision are slim due to the solid factual and legal foundation established by the court [10] - The case may lead to a shift in corporate governance practices, with increased emphasis on the independence of compensation committees and stricter information disclosure requirements [11] - The ruling reflects ongoing societal debates about executive compensation, balancing the need for adequate incentives against concerns of social inequality and fairness [12]
胖东来的「家规」,为何容不下12年的老员工?
3 6 Ke· 2025-10-17 11:47
Core Viewpoint - The recent dismissal of a long-term employee by the company has sparked significant controversy, raising questions about its employee-centric values and management practices [1][2][3] Legal Perspective - The dismissal process followed by the company was deemed legally valid, as the employee had been trained on and acknowledged the company's regulations [4][7] - The company's regulation regarding customer service was clear, categorizing the failure to promptly assist customers as a serious violation [6][10] - While the legal framework was adhered to, the appropriateness of the punishment in relation to the violation remains questionable [9][10] Management Perspective - The incident raises concerns about the company's core values and the image it wishes to project to employees and job seekers [13][19] - The company's previous reputation as a caring employer conflicts with the harshness of the recent dismissal, which does not align with its stated cultural principles of "love and freedom" [15][19] - The decision to terminate an employee for a single mistake could undermine the perception of a supportive and fair work environment, potentially damaging the company's brand [19][20]
7票通过!美国要完了?特朗普怒吼:结果已定!
Sou Hu Cai Jing· 2025-10-08 17:27
Core Viewpoint - The U.S. Court of Appeals ruled that the global tariffs imposed by the Trump administration under the International Emergency Economic Powers Act were illegal, potentially requiring the return of $184.7 billion collected through these tariffs, raising questions about presidential power boundaries [1][3][5]. Group 1: Legal and Institutional Implications - The court's ruling emphasizes that a state of emergency does not equate to unlimited power, confirming that Congress never authorized the president to impose tariffs under the mentioned law [6][18]. - The ruling reflects a rare judicial assertiveness against presidential overreach, challenging the historical trend of expanding executive power under the guise of national security [5][18]. - The decision underscores the constitutional principle that the power to levy taxes belongs to Congress, not the president [8][10]. Group 2: Economic and Trade Consequences - The ruling could destabilize previous trade agreements and negotiations, as traditional allies like Germany, France, and Japan reconsider their concessions made under U.S. pressure [20][22]. - The uncertainty surrounding U.S. trade policy may lead multinational companies to diversify their supply chains, reducing reliance on the U.S. market [23][25]. - The potential for refunding the collected tariffs raises significant fiscal challenges for the Treasury, as it could exacerbate the deficit and complicate the refund process [27][28]. Group 3: Political Reactions and Future Outlook - The ruling has exposed divisions within the Republican Party, with some advocating for an appeal to the Supreme Court while others caution against undermining the principle of limited government [29][31]. - The outcome of this case could set a precedent for how future presidents approach emergency powers and trade policies, necessitating careful evaluation of legal justifications [33][39]. - The case illustrates a broader trust issue, as the ability of the U.S. to uphold its own legal frameworks is questioned, impacting international relations and business confidence [40].
赃款打赏的钱,主播要不要退?业界释疑直播打赏法律争议
Di Yi Cai Jing· 2025-09-10 10:29
Group 1 - The core issue revolves around the legal nature of tipping in live streaming, whether it is considered a gift or a consumption behavior [2][4] - The majority of courts currently support the view that tipping is a consumption behavior, establishing a service contract relationship between users and platforms, as well as between users and streamers [2][3] - There are differing opinions on whether the amount of the tip affects its legal nature, with some experts suggesting that high amounts should be analyzed for reasonable and unreasonable portions [3] Group 2 - The discussion on whether platforms and streamers should be liable for the recovery of illicit funds hinges on the classification of tipping as either a gift or a consumption behavior [4][6] - The principle of "good faith acquisition" is emphasized, suggesting that platforms and streamers should not be penalized for receiving tips if they were unaware of the funds' illicit nature [4][5] - In cases where one spouse uses joint property for tipping without consent, the legal rights of the other spouse must be balanced against the rights of the platform and streamer [5][6] Group 3 - The amounts involved in illicit tipping cases can be substantial, with reported maximum amounts reaching 23 million yuan and median amounts at 277,000 yuan, which can significantly impact the cash flow and operations of platforms and streamers [8] - Platforms express concerns about their rights to participate in legal proceedings, often being named as obligors without having a say in the litigation process [8][9] - There is a call for systemic reform in the handling of seized assets in criminal cases to ensure the rights of third parties, such as platforms, are protected [9]
原创作品被判定AI生成,平台怎么防止“冤假错案”
Xin Jing Bao· 2025-08-14 11:06
Group 1 - The core issue revolves around the misclassification of human-generated content as AI-generated, leading to significant consequences for creators [1][2] - A landmark case in Beijing highlighted the legal implications of such misclassification, where a user's comment was wrongly flagged as AI-generated, resulting in a court ruling that emphasized the need for platforms to provide reasonable grounds for their decisions [2][5] - The case reflects broader concerns about the role of algorithms in content moderation and the need for transparency and accountability in AI systems [3][4] Group 2 - The rise of AI-generated content has prompted educational institutions to implement strict regulations, such as AI detection thresholds for academic papers, which have proven to be inaccurate [3][4] - Recent regulations from Chinese authorities require AI models to label generated content, yet the complexity of real-world applications poses challenges for effective enforcement [4][5] - The balance of power and responsibility between platforms and users is crucial, as platforms are recognized as gatekeepers but must also be held accountable for their algorithmic decisions [5][6]
最高法为民企撑腰,严防趋利性执法
第一财经· 2025-08-13 01:00
Core Viewpoint - The article discusses the Supreme People's Court's recent guidelines aimed at addressing the issues of jurisdiction expansion and the artificial creation of cross-regional jurisdiction in cases involving private enterprises, emphasizing the need for procedural justice and transparency in the handling of such cases [2][5]. Group 1: Jurisdiction Issues - The guidelines stress the principle of "legal jurisdiction as the norm, designated jurisdiction as an exception," aiming to prevent profit-driven law enforcement and rectify the expansion of jurisdiction in cases involving private enterprises [2][5]. - There is a recognition that the expansion of jurisdiction and artificial cross-regional jurisdiction have become tools for local protectionism and channels for profit, with private enterprises viewed as lucrative targets [3][4]. - The improper handling of case-related assets is identified as a core issue, where jurisdiction serves as a seemingly legitimate opportunity for the mishandling of these assets [4][5]. Group 2: Enforcement Measures - The implementation of the Private Economy Promotion Law, effective from May, includes clear regulations on cross-regional law enforcement, requiring adherence to legal authority, conditions, and procedures [5][6]. - The Supreme People's Court and the Supreme People's Procuratorate have both emphasized the need for strict examination and legal handling of jurisdiction disputes to prevent illegal cross-regional law enforcement [5][6]. - Collaboration among various governmental and judicial bodies is highlighted as essential for addressing the prominent issues in law enforcement related to private enterprises [6][7].
一财社论:最高法为民企撑腰,严防趋利性执法
Di Yi Cai Jing· 2025-08-12 13:14
Group 1 - The core issue of jurisdiction expansion and artificial cross-regional jurisdiction lies in the handling of the property involved in the case, as jurisdiction merely provides a seemingly legal opportunity for improper disposal of the property [1][2] - The Supreme People's Court emphasizes the principle of "legal jurisdiction as the norm, designated jurisdiction as an exception" to prevent profit-driven law enforcement and to correct the expansion of jurisdiction in cases involving the private economy [1][3] - There is a need for transparency in the administrative and judicial environment, particularly regarding the return of confiscated assets to local departments after they are submitted to the national treasury [2] Group 2 - The implementation of the Private Economy Promotion Law since May has set clear regulations for cross-regional law enforcement, requiring adherence to legal authority, conditions, and procedures [3] - The Supreme People's Court and the Supreme People's Procuratorate have both highlighted the need for strict examination and legal handling of jurisdiction objections to prevent illegal cross-regional law enforcement [3][4] - Collaboration among various governmental bodies, including the judiciary and administrative agencies, is essential to address prominent issues in law enforcement related to enterprises [4][5]
武大这波争议,比判决更扎心的是沉默
Hu Xiu· 2025-07-31 14:09
Group 1 - The core issue revolves around a sexual harassment case involving a student at Wuhan University, which has escalated into a public controversy following a court ruling that dismissed the harassment claims [2][11][12] - The court found that the accused's actions did not meet the criteria for sexual harassment, leading to public outcry and questions about the university's previous disciplinary actions against the accused [3][17][18] - The university's initial decision to impose a penalty on the accused was seen as a response to public pressure rather than a reflection of the truth, raising concerns about the integrity of its actions [19][20][21] Group 2 - Several alumni from Wuhan University have faced significant challenges in their professional lives, reflecting a broader trend of struggles among graduates from the institution [27][45] - Notable cases include the chairman of a listed company facing legal issues that led to a temporary suspension from his role, and another alumnus whose business empire collapsed due to financial mismanagement [28][34][39] - The narrative of these alumni highlights the complexities of success and failure in the business world, particularly in the context of their educational background and the expectations associated with it [44][47]