论经济补偿制度的法律定位与规范功能——从两岸三地的比较切入

经济补偿是劳动法上解除终止劳动合同时的重要制度.从经济补偿与失业保险的关系性框架分析这一制度,可以发现经济补偿以雇员的就业安全受到影响为基本前提,以“非自愿结束劳动关系”为核心,以社会责任为基础,以补充社会保障为目的.经济补偿制度的法律定位是社会责任.依凭于此,经济补偿制度至少发挥规范解雇行为、劳动合同期限、企业社会责任的功能.     

Remuneration and recidivism: The long-term impact of unemployment compensation on ex-offenders

The relationship between unemployment and crime is the subject of research and debate. We present evidence that suggests that recidivism among ex-offenders can be reduced by providing unemployment compensation available immediately after their release from prison. A California program made such benefits—transitional aid—available during the late 1970s and early 1980s. Using a 5-year follow-up and a failure-time model, we show how recidivism among an eligible group was consistently lower over those 5 years than for an ineligible group.     

Unemployment, Economic Theory, and Property Crime: A Note on Measurement

Drawing on rational choice theory, this study considers how best to measureunemployment within the context of the unemployment–property crimerelationship. Specifically, we use ARIMA techniques to examine the relativeefficacy of using the conventional Bureau of Labor Statistics (BLS)unemployment rate and two alternative measures of the demand for labor aspredictors of monthly counts of U.S. property offenses for the years 1982through 1996. The bivariate time series analyses indicate that while theBLS unemployment rate exhibits null effects, the number of individualsunemployed for 15 weeks or more and the capacity utilization ratesignificantly affect the level of property crime. The implications ofthese results are discussed.     

Alternative Strategies for Identifying the Link Between Unemployment and Crime

National-level time series data are a crude tool for distinguishing between two alternative behavioral explanations for a link between unemployment and crime. Consequently, inferences drawn from aggregate time series estimates are likely to be misleading. A more fruitful approach to learning about the link between unemployment and crime would be to utilize a menagerie of different methodological approaches such as cross-section and panel data analysis of less geographically aggregated areas, natural experiments, international data, individual-level data, and ethnography.     

Unemployment and Crime Rate Fluctuations: A Comment on Greenberg

Several ways in which the specification of the Cantor and Land (1985) conceptual model of transient relationships between aggregate unemployment and crime rate fluctuations differs from that of Greenberg (2001) are noted. It follows that we do not accept Greenberg's Eq. (1) as a valid theoretical representation of the processes of interest. We briefly review the substantive context from which our investigation began in the mid-1980s. We also review the time series properties of our model and of the aggregate unemployment and crime rates used in its estimation. We note how the time series behavior of various crime rates determines which parts of the Cantor and Land model are and are not likely to be estimated as statistically significant for those series. We conclude with some comments on the limitations of aggregate time series research designs for testing the behavioral hypotheses used to generate expected relationships between aggregate unemployment and crime rates and suggest some alternative research designs.     

劳动法上经济补偿的适用范围及其性质

经济补偿作为一项制度与失业保险、解雇保护立法、工会和集体谈判等相关制度密切相关,并没有统一的模式,也不应孤立地考察经济补偿制度。经济补偿的基本目的在于补偿雇员由于遭雇主解雇而丧失的工作上的财产利益,但经济补偿在不同的适用场合,其性质和功能并不相同。因此,在方法上,不必对经济补偿的性质和功能寻求统一的答案。我国《劳动合同法》扩大经济补偿的适用范围,在现阶段具有合理性和必要性。从长远看,我国应该适当缩小经济补偿的适用范围,增强这一制度的科学性和合理性。     

Unemployment and Crime: Toward Resolving the Paradox

While official crime statistics from many countries show that unemployed people have high crime rates and that communities with a lot of unemployment experience a lot of crime, this cross-sectional relationship is very often not found in time-series studies of unemployment and crime. In Australia there have been no individual-level or cross-sectional studies of unemployment and adult crime which have failed to find a positive relationship and no time-series which have supported a positive relationship. Consistent with this pattern, a time series of homicide from 1921 to 1987 in Australia reveals no significant unemployment effect. A theoretical resolution of this apparent paradox is advanced in terms of the effect of female employment on crime in a partriarchal society. Crime is posited as a function of both total unemployment and female employment. When female employment is added to the model, it has a strong positive effect on homicide, and unemployment also assumes a strong positive effect.     

Skilled unemployment and the creation of academic spin-offs: a recession-push hypothesis

Push factors associated with necessity entrepreneurship are largely neglected in the academic entrepreneurship literature. We link research on technology transfer to the literature on opportunity and necessity entrepreneurship, showing that the rate of academic spin-off creation is positively associated with the skilled unemployment rate. This longitudinal study of 559 spin-offs launched between 1999 and 2013, which controlled for several university- and context-level factors, showed that a higher level of unemployment reduced the probability of academic spin-off creation up to a threshold, beyond which the effect was reversed. By contrast, the relative skilled unemployment level was related positively to the probability of academic spin-off, particularly high-tech spin-off, creation. The relationship between the level of skilled unemployment and the creation of high-tech spin-offs was moderated positively by university research orientation and regional research and human capital intensity.     

Institutional responses to unemployment: A comparison of U.S. trends, 1948–1985

Previous studies that consistently find a direct effect of unemployment on imprisonment fail to consider other state policies that may be related both to unemployment and imprisonment. This ommission potentially biases in unknown ways the estimated effect of unemployment. This study uses postwar U.S. time series data to examine how the effects of unemployment on imprisonment are influenced by mental institutionalization, military enlistments and welfare rolls. No evidence of trade-offs in social control policies can be detected in these data, thus supporting the previous findings that unemployment directly affects prison admissions.An earlier version of this paper was presented at the 39th Annual Meeting of the American Criminological Society, Montreal, November 12, 1987.     

Economic and Sociological Correlates of Suicides: Multilevel Analysis of the Time Series Data in the United Kingdom

For the effects of social integration on suicides, there have been different and even contradictive conclusions. In this study, the selected economic and social risks of suicide for different age groups and genders in the United Kingdom were identified and the effects were estimated by the multilevel time series analyses. To our knowledge, there exist no previous studies that estimated a dynamic model of suicides on the time series data together with multilevel analysis and autoregressive distributed lags. The investigation indicated that unemployment rate, inflation rate, and divorce rate are all significantly and positively related to the national suicide rates in the United Kingdom from 1981 to 2011. Furthermore, the suicide rates of almost all groups above 40 years are significantly associated with the risk factors of unemployment and inflation rate, in comparison with the younger groups.     

The Economics of Female Recidivism

This article examines the effect of economic incentives on the rearrest rates of 125 women ex-felons. The data are drawn from the TARP experiment designed around the premise that individuals steal largely out of economic need. Many criminologists have argued that female crime is sexual and emotional rather than rational and economic in nature. Results, however, support the expectation that unemployment compensation and employment are negatively associated with rearrests for economic crimes. Also, exogenous factors of criminal background and marital status reveal important differences in post-release behavior.     

Longitudinal effects of domestic violence on employment and welfare outcomes

This study uses longitudinal data spanning 13 years from a study of 234 adolescent mothers to evaluate the effects of cumulative domestic violence on employment and welfare use before and after welfare reform. Domestic violence increased the odds of unemployment after welfare reform, but not before; domestic violence had no effect on welfare use during any time period. Psychological distress after welfare reform was associated with unemployment, but not with welfare outcomes. Thus, the authors found that the direct effect of domestic violence on unemployment is not mediated by concurrent level of psychological distress. The relationship of psychological distress to unemployment exists only for those with a history of domestic violence. Cumulative domestic violence can have negative effects on economic capacity many years after the violence occurs, suggesting that policymakers recognize the long-term nature of the impact of domestic violence on women's capacity to be economically self-reliant.     

THE SOCIAL EMBEDDEDNESS OF CRIME AND UNEMPLOYMENT*

A missing piece in the literature that links crime and unemployment is an understanding of the proximate causes of joblessness in the lives of individuals. Granovetter has demonstrated with his concept of social embeddedness that early employment contacts can enhance the prospects of getting a job and subsequent occupational mobility. The alternative implication is that youths who are embedded in criminal contexts can become isolated from the likelihood of legitimate adult employment. This has important implications for an understanding of crime and unemployment, for while much of past macro-level research confirms that unemployment leads to crime in the aggregate, the reverse is likely true at the individual level among adolescents and young adults, especially in community settings with serious crime and unemployment problems. The implications of criminal embeddedness are explored in a well-known set of London panel data. Understanding the process of embeddedness is important because it helps to identify points of intervention, such as peer and justice system contacts.     

Testing Theory and the Analysis of Time Series Data

Although the relationship between unemployment and crime has been a longstanding interest in criminology, there is little agreement about appropriate models for analyzing this relationship. David Greenberg's (this issue) discussion highlights two issues that raise questions about recent research on the unemployment–crime relationship. First, he extends the work of Hale and Sabbagh (1991) and argues that cointegration methods should be used instead of first-differenced regression models to analyze unemployment and crime time series data. Second, he argues that previous attempts to test his strain theory linking unemployment to the age distribution of crime rely on flawed hypotheses, inappropriate data, and faulty measurement. In this paper, I address both of Greenberg's claims. I begin with a discussion of the relative utility of cointegration analysis and of first-differenced regression models for the analysis of the unemployment–crime relationship, focusing on the link between theory and statistical model. I then discuss the possibility of ever testing and falsifying Greenberg's strain theory.     

完善我国失业保险法律制度的若干问题简

失业保险法律制度是我国社会保障法律体系中的重要组成部分,具有预防失业、促进就业或再就业、抑制经济波动和维护社会稳定的独特功能.我国《社会保险法》虽然专章规定了失业保险法律制度,但该法中过多的授权性条款,加大了执法的难度和不确定性.现行《失业保险条例》属于国务院颁布的行政法规,在效力层次上不高,法律规定不尽完善.借鉴国外失业保险的立法经验,我国应结合国情制定《失业保险法》.     

Dealing sensibly with the threat of disruption in trade with China: the analytics of increased economic interdependence and accelerated technological innovation

There is now widespread concern in Washington over the large and growing U.S.-China trade deficit. This concern is premised on the view that the large trade deficit has reduced U.S. welfare by increasing unemployment and reducing wages. But these alleged negative effects cannot be seen. The average unemployment rate in 1999–2006 was 5 percent compared to 6 percent in 1991–1998; and the total compensation (in 2005 prices) of a full-time worker rose from $46,614 in 1991 to $50,523 in 1998 to $55,703 in 2005. The rise in average labor compensation (measured to include benefits) was not caused by a large income increase for high-skilled workers and a moderate income decline for low-skilled workers. The level of compensation for blue-collar workers also rose in the 1991–2006 period. The continued rise in US labor income in 1991–2006 might appear surprising because the post-1990 integration of the Soviet bloc, India and China into the international division of labor has doubled the number of workers participating in the world economy. Accelerated globalization was, however, not the only significant economic development during this period; accelerated technological innovations were perhaps even more significant in their economic effects. The latter development produced large productivity gains that enabled the US labor income to rise despite the greater competition from imports, continued relocation of production facilities to foreign countries, and increased immigration into the United States. The outcome from the accelerated pace of globalization and the increased pace of technological innovation is a more frequent turnover in jobs in the US, which translates into increased worker anxiety, and hence increased demand for protection. The optimum solution to the present trade tensions is a policy package that emphasizes multilateral actions. It is bad economics and bad politics to dwell only on just one region (China alone must change), and/or dwell on just one instrument (RMB appreciation alone). China should, in the short run, expand state expenditure to soak up excess savings with an emphasis on import-intensive investments; in the short run, accelerate import liberalisation beyond the commitments made in the negotiations for WTO membership; increase the rate of yuan appreciation to reduce the large depreciation against the Euro in 2006–2007, and speed up the appreciation if inflation rises; lower precautionary savings by providing public social insurance; and improve financial intermediation by replacing the monopoly state banking system with a predominantly domestic private banking system. The United States should quicken the reduction in fiscal imbalance; introduce tax incentives to raise the savings rate; and expand and improve trade adjustment programs and social safety nets, especially those that upgrade the skill of the younger workers. Most important in the face of rising protectionist sentiments around the world, the United States and China must work together to bring the Doha Round trade negotiations to a successful conclusion in order to prevent the WTO system from being eroded.     

Crime,unemployment, and social structures of accumulation: An inquiry into historical contingency

This article examines whether prior inconsistency in findings about the impact of unemployment on crime is the result of historical contingency caused by changes in the social structures of accumulation (SSAs) associated with the development of twentieth-century U.S. capitalism. We explore this question by comparing the relationship between official measures of unemployment and the crimes of burglary, robbery, assault, and homicide during four phases of recent U.S. economic development identified by SSA theorists: economic exploration from 1933 to 1947, economic consolidation from 1948 to 1966, economic decay from 1967 to 1979, and a new period of exploration from 1980 to 1992. We propose that the unemployment-crime (U-C) relationship is shaped not merely by the fact of unemployment, but rather by its social meaning within developmental stages of social structures of accumulation. Time-series analysis of the U-C relationship within each SSA stage from 1933 to 1992 supports our hypothesis that periods of structural unemployment will be characterized by a stronger U-C relationship than those in which unemployment is primarily frictional. We then validate the periodization of shifts in the U-C relationship suggested by SSA theory by applying time-varying parameter analysis to the entire series from 1933 to 1992. On the basis of these findings we conclude that crime control policies and future research into the relationship between unemployment and crime should take into consideration the historically contingent nature of the U-C relationship.     

Unemployment: A double burden and a public issue

Almost all European countries suffer from mass unemployment. More than 20 million persons in Europe are out of work. When the unemployment rate reaches such levels it can be assumed that it has implications not only for each unemployed individual but also for society as a whole. In this article, a distinction is made between unemployment as a private trouble and unemployment as a public issue. This distinction with regard to unemployment was introduced by Mills (1959) and illuminates the different, although interrelated, effects of unemployment on the individual and on the overall structure of society. The private trouble perspective raises the question of how individuals are affected by unemployment and the public issue examaines how unemployment affects society as a whole. We apply the reasoning by first discussing the relations between individual consequences of unemployment. We focus on two often neglected aspects, namely, economic hardship and shame. Then the implications for working life and society are discussed. There is much evidence indicating that the social and health consequences of unemployment are not limited to the unemployed and their families but also affect the working life and the overall structure of society. It is argued that mass unemployment might increase the process of social disintegration in society.     

Exchange rate, inflation and unemployment in East European economies: the case of Poland and Hungary*

The aim of the paper is to model the impact of exchange rate on both inflation and unemployment variables in economies which are characterized by important structural changes, i.e. a transition phase moving from centralized economies towards market economies. This phenomenon, which is common to the East European countries, stressed different effects both for what concerns the behaviour of economic agents and for what concerns fiscal and monetary measures adopted by governments and aiming to keep under control the inflation–unemployment trade off. Time series relationships between these variables are investigated within an econometric model. Economic theory and the available data on the hypothetically relevant variables, along with the consideration of the main facts occurred in the period under study, characterize our information set. It is found that single equation analysis yields inefficient inference relative to the whole system analysis, and important structural changes are detected which reflect possible breaks in the structure of the economic system along with a change in economic policy.     

Time Series Analysis of Crime Rates

A methodological critique of Cantor and Land's (1985) approach to the time series analysis of the crime–unemployment relationship is developed. Error correction models for U.S. homicide and robbery rates for the years 1946–1997 are presented to illustrate procedures for analyzing nonstationary time series data. The critique is followed by a discussion of methodological problems in work by Devine et al. (1988), Smith et al. (1992), and Britt (1994, 1997) that builds on Cantor and Land's approach.