对我国人才市场发展的思考

人才市场是我国市场经济的重要组成部分,也是人事人才工作的重要组成部分。随着我国市场经济的发展,人才市场也面临着新的挑战。本文就人才市场如何适应当前经济发展的需要进行探讨,指出人才市场发展所面临的问题并提出相关对策,以期对新形势下人才市场的发展有所裨益。     

The Bosman ruling and the presence of native football players in their home league: the Spanish case

This paper examines whether the Bosman ruling plays a role in the presence (participation and performance) of native football (soccer) players in their home league, focusing on the Spanish case. By abolishing transfer fees after the expiration of contracts, as well as liberalizing the migration of professional football players within the European Union, the Bosman ruling could negatively impact the participation of national players in their home league. To explore this issue, we use data from the First Division of the Spanish League for the seasons 1980/1981–2011/2012. The results suggest a decline in the number of native Spanish players as a consequence of the Bosman ruling, although the impact does not appear to be permanent. However, we find that the Bosman case has a negative and lasting impact on the performance of Spanish players in their home league. Our findings do not change when we use different subsamples or introduce controls for unobserved characteristics, or for observed characteristics that could drive the presence of Spanish players, such as participation in European competitions, the performance of the Spanish national team, and the success of teams’ youth academies, among others. This work also takes into account other changes in the nationality quota rules and the impact of other post-Bosman legislative changes, such as the Kolpak case and the Cotonou agreement.     

欧盟保险法的统一进程

在欧盟,以宪法性法律文件为基础,通过三代保险指令,也包括正在形成的第四代保险指令,欧盟的单一保险市场正在逐步形成.但相对于欧盟的保险监管制度来说,保险合同方面的调和则严重滞后.在这一领域,目前法律的发展仅局限于对保险合同冲突法的调整.这种状况导致了保险服务自由的目标难以实现.为了改变这种局面,欧盟的相关机构进行了有益的探索.其中的关键问题在于,欧盟应为各成员国提供统一的保单持有者的保护标准.顺应这一要求,最好的办法是颁布有关欧盟保险合同的实体法.我国作为世贸组织的一员和保险法尚不完善的国家,对于其中的动态应给予足够的关注.     

Legal Problems Involved in the Convergence of Collective and State Farms and the Emergence of a Single Type of Publicly-Owned Agricultural Enterprise

The Party Program adopted by the 22nd CPSU Congress, representing a creative advance of Marxism-Leninism, has defined scientifically the perspectives and courses to be followed to achieve a further sharp rise in agriculture as a prerequisite for the building of a communist society in our country. The CPSU Program points out: "The further advance of the village toward communism will follow the course of development and improvement of both forms of socialist enterprise — collective and state farms." They are both becoming transformed into highly productive and highly profitable forms of enterprise. The economic basis for their development is the continuous growth of the productive forces and improvement in their utilization, improved organization of production and methods of management, a steady rise in labor productivity, and rigorous adherence to the principle that good work and superior results lead to higher pay. On this basis, the collective and state farms will increasingly become enterprises of a communist type in their production relations, the character of the work involved, the living and cultural standards of their personnel. As the building of communism progresses, and as production is improved and increased in volume, "the collective farms will," says the CPSU Program, "come to be agricultural enterprises under general public ownership, by virtue of their economic condition."     

市场经济条件下国企人才管理模式的策略构想

在社会主义市场经济条件下,国有企业在改革中应坚持什么体制,如何经营管理,在人事制度改革中应采用怎样的人才管理模式,一直是经济学家、企业领导者十分关注的重要问题。本文在调查研究的基础上,提出了＂建立优秀的企业文化体系与社会认知系统＂等国有企业人才管理的宏观思路和策略构想,以此为研究国有企业人才资源管理模式的改革提供参。     

Economics and Law of Works of Art in the Single European Market

This paper is concerned with the economic analysis of the European rules on the circulation of works of art. After reviewing the relevant literature, an economic framework of the international circulation of works of art is provided (social goals, efficiency and distributive aspects, an economic rationale for a general free trade rule integrated by selective protectionism). Using this framework the European system of circulation of works of art—resulting from the combination of the Maastricht Treaty with Regulation 3911/92 and Directive 93/7—is analysed. The main results of the analysis are: 1) the general free trade principle ruling the Single European Market is strongly limited by rules protecting national artistic heritages of member states; 2) this protectionism—working towards countries both outside and inside the European Union—is applied according to the national laws of each member state, while, contrary to what the Maastricht Treaty would call for, an artistic heritage of European significance is not defined and no autonomous role is recognized in this field to European Institutions; 3) this system shows some inconsistencies with economic theory, as strict limits to trade are not provided when they should be required by the preservation of the physical or artistic integrity of works of art, while in other cases an unduly restrained trade may derive from highly protectionist national laws and export-licencing policies of member states. Enforcement provisions are also analysed and some proposals to improve the system are advanced.     

中国共产党执政的价值目标与依法执政

一种执政方式的选择,同执政党对自己执政价值目标的选择确定有密切的相关性。换句话说,适当的执政价值目标的选择,需要适当的执政方式保证其实现。依法执政的提出与贯彻,同中国共产党逐步明确自己执政的三大基本价值目标密切相关。反过来,只有在明确中国共产党执政的基本价值目标的前提下,才能真正认识实现执政方式转换、实施依法执政的必要性。     

试论法治目标下的公众法律意识的生成

普法是建设法治社会的基础性工程。法治目标下的“五五”普法必须以培养和生成公众的法律意识为目标。为此,必须优化和强化公众法律意识生成的利益诱致机制;在普法理念上,实现由重普及法律知识向重普及法律意识、由重普及权利意识向重普及义务意识两大转变;在具体方式上,可采用立法参与、诉讼参与和媒体参与等三种普法形式。     

对法治与德治的思考

法治建设与道德规范的建设是紧密相关的,通过立法程序所设立的法律并不表示能在人们的现实生活的交往与冲突中得到完全实施,德治可以在一定程度上化解和补足法治建设进程中的这一不足,对法治建设起到辅助作用.     

The dark side(s) of the EU Directive on copyright and related rights in the Digital Single Market

China-EU Law Journal - The article examines some pivotal aspects of Directive (EU) 2019/790, which is the new legislative act adopted by the European Union to adapt copyright to the evolving...     

依法执政的法意省思

依法执政是中国作为执政党的中国共产党在新形势下执政方式的重大调整和深刻转变,是在依法治国、建设社会主义法治国家的时代背景下执政党执政理念法治化的根本体现,也是顺民心遂民愿的明智之举。依法执政理念要作为指引执政党执政实践的正确航标,本身需要从法治而非人治的视角进行明确的梳理和辩思。     

Constitutionalising an Overlapping Consensus: The ECJ and the Emergence of a Coordinate Constitutional Order

The European Court of Justice's (ECJ's) jurisprudence of fundamental rights in cases such as Schmidberger and Omega extends the court's jurisdiction in ways that compete with that of Member States in matters of visceral concern. And just as the Member States require a guarantee that the ECJ respect fundamental rights rooted in national tradition, so the ECJ insists that international organisations respect rights constitutive of the EU. The demand of such guarantees reproduces between the ECJ and the international order the kinds of conflicting jurisdictional claims that have shadowed the relation between the ECJ and the courts of the Member States. This article argues that the clash of jurisdiction is being resolved by the formation of a novel order of coordinate constitutionalism in which Member States, the ECJ, the European Court of Human Rights and other international tribunals or organisations agree to defer to one another's decisions, provided those decisions respect mutually agreed essentials. This coordinate order extends constitutionalism beyond its home territory in the nation state through a jurisprudence of mutual monitoring and peer review that carefully builds on national constitutional traditions, but does not create a new, encompassing sovereign entity. The doctrinal instruments by which the plural constitutional orders are, in this way, profoundly linked without being integrated are variants of the familiar Solange principles of the German Constitutional Court, by which each legal order accepts the decisions of the others, even if another decision would have been more consistent with the national constitution tradition, ‘so long as’ those decisions do not systematically violate its own understanding of constitutional essentials. The article presents the coordinate constitutional order being created by this broad application of the Solange doctrine as an instance, and practical development, of what Rawls called an overlapping consensus: agreement on fundamental commitments of principle—those essentials which each order requires the others to respect—does not rest on mutual agreement on any single, comprehensive moral doctrine embracing ideas of human dignity, individuality or the like. It is precisely because the actors of each order acknowledge these persistent differences, and their continuing influence on the interpretation of shared commitments in particular conflicts, that they reserve the right to interpret essential principles, within broad and shared limits, and accord this right to others. The embrace of variants of the Solange principles by many coordinate courts, in obligating each to monitor the others' respect for essentials, creates an institutional mechanism for articulating and adjusting the practical meaning of the overlapping consensus.     

法治现代化和市民社会的促成

国家与市民社会的严重隔离与分化,成为中国法治现代化的严重障碍。我们把现代法治理解为国家权力的理性外化,主张以国家为主导,将法治作为一种政府主导的理性构建行为,一种国家促成的法治状态。     

The Emergence of a New Taboo: The Desexualisation of Youth in Western Societies since 1800

Sexual abuse of children and minors is, nowadays, regularly highlighted in the media. As such, it became an offence, however, only during the nineteenth century, along with the development of a particular, child-like social role of juveniles. Before 1800, adolescents were less excluded from adult life including marriage and procreation. Sexual activities were also generally criminalised outside marriage. Statutes concerning child abuse had their origins in these laws, as well as in statutes extending the scope of rape to the abuse of immature girls. Along with the increase of the age of consent from 10–12 to approximately 16 in most countries, abuse of boys and sexual contacts other than intercourse have been included in these statutes. This movement, sometimes supported by moral crusades against immorality, occurred in most Western countries along with the extension of the school system, and with the acceptance of the view that adolescence should, as a distinct period of life, be devoted to the preparation for adult life. In recent years, the focus has shifted from combating immorality to the protection of vulnerable parties. Sexual contacts between juveniles have been gradually decriminalised, whereas recent moral crusades call for more tougher prosecution policies, bringing to the courts a higher proportion of cases, including those involving acts committed abroad and/or in the remote past.     

论法治与和谐

和谐社会应是以社会稳定为外部特征,以公平正义为内在精神,并具有健全的利益整合机制和矛盾处理机制的社会.这样一个社会与法治社会相吻合.如果将法治作为一种治国方略,和谐社会则是实现法治的结果.因此,和谐社会的构建离不开法治.法治的形式正义提供着社会秩序的制度框架;法治的实质正义塑造着和谐社会的内在精神;法治的利益整合机制和冲突解决机制可以最大限度地化解矛盾、保障正义、促进和谐.     

论信赖利益保护原则的兴起与流变——以英美合同法为视角

信赖利益保护起源于英格兰中世纪合同诉讼,在18世纪及19世纪前半期的英美判例法中获得了快速发展。19世纪后半期开始,以哈佛大学四大法学教授为代表的规则主义者对信赖利益保护进行抵制,美国第一次《合同法重述》对信赖利益保护给予了限制性认可。20世纪40年代以来,现实主义法学推动了信赖利益保护的成长。新规则主义在20世纪末期抬头,信赖利益保护原则因其诚实信用的价值基础将继续存在。     

论人才战略及其法律保障

社会主义市场经济赋予人才观念以新的内涵,是人才战略的主观基础。而人才战略的法律制度为人才战略的实施提供了制度支持,并确保人才战略作为一项长期战略服务于中国特色的社会主义事业。