关于事实劳动关系的研究

实践中存在着大量的事实劳动关系,而法律又未对事实劳动关系的概念、范围等问题作出明确界定.因此,有些事实劳动关系在审理实践中难以认定,为保护劳动者的正当权益,我们应当厘清关于事实劳动关系的一些基本问题,并继续完善与之相关的法律制度.     

我国劳动力市场发展态势对构建和谐劳动关系的影响

劳动力市场发展态势对构建和谐劳动关系起着基础性的关键作用.随着经济体制改革的逐步深入,我国劳动力市场体系已基本发育成型,并呈现良性运转的态势,为构建和谐劳动关系创造了有利条件.但与之同时,在劳动力市场运行过程中存在的各种问题也对构建和谐劳动关系形成障碍.深入分析我国劳动力市场的发展态势及其对劳动关系的影响,并提出进一步完善劳动力市场的对策和建议,有利于为构建和谐劳动关系创造基础性条件,并进一步促进社会和谐.     

对《劳动合同法》实施过程中若干问题的思考

《劳动合同法》由于直接切入劳资利益分配领域,自颁布和实施以来,争论不断。尤其在国际金融危机影响下,围绕《劳动合同法》的争论再一次掀起高潮。《劳动合同法》在实施过程中屡屡引发争议,原因在于其中一些规制的设计存在缺陷和漏洞。     

Centre–periphery relations in Afghanistan: Badakhshan between patrimonialism and institution-building

The article offers a review of centre–periphery relations and local politics in the Afghan province of Badakhshan from the 1980s to the post-2001 era. It maps the local powerbrokers and charts the transformations that occurred during this period, with particular reference to the impact of the central government's policies on local political alignments and relations of power. The key argument is that President Karzai's and the cabinet's behaviour towards Badakhshani politics was aimed at re-establishing a patrimonial system, rather than at institution-building as claimed. Unable or unwilling to successfully deal with established local players, Kabul resorted to sponsoring new players in local politics and facilitating their rise in order to weaken more independent powerbrokers. However, a local perception of weakness in Kabul, not least due to uncertainty over the durability of the Karzai administration, led local players, old and new, to behave with very short-term horizons, as ‘roving bandits’ rather than as ‘stationary’ ones.     

Chinese eyes on Africa: Authoritarian flexibility versus democratic governance

This article seeks to shed more light on the consequences of China's aid to and trade with African states. It attempts to answer two questions: First, does China's ‘no-strings-attached’ policy in Africa constitute a challenge to Western aid paradigms? Second, is there as an emerging state-sponsored Chinese model of ‘effective governance’, guided by a south-south vision of mutuality, equality and reciprocity at work? It is argued that China's Africa watchers are cautious, not wanting to project any false hopes into bilateral relationships with African countries. In the light of China's reform experience, these analysts propose that indigenous contexts should determine what developmental model to choose. China is unwilling to force its experiences of ‘a market economy with Chinese characteristics’ upon other nations. The article concludes by arguing that, although not unproblematic, there is reason to be positive about China's higher profile in Africa.     

Domestic–External Linkages and the Cold War in 1953 and 1989: Using International Relations Theory and Comparative Politics to Explain the End of the Cold War

Drawing on theories of international relations (IR) and comparative politics, this article explains why the cold war ended in 1989 rather than 1953. Numerous scholars have used IR theory to discuss the end of the cold war, but most of the circumstances they highlight were also present in the spring of 1953, right after the death of Joseph Stalin. This article presents three broad theoretical approaches that deal with the connection between domestic politics and international relations, and it then shows how these approaches can help us understand the similarities and differences between 1953 and 1989. In particular, the article emphasises the importance of time. In the spring of 1953, the window of opportunity was very brief—only a few months, which was insufficient for the two main cold war antagonists to overcome their deeply entrenched suspicions and make far-reaching adjustments in their policies. In the latter half of the 1980s, by contrast, the sweeping reorientation of east–west relations occurred over several years, giving policy-makers on both sides sufficient leeway to adapt and to 'learn' new ways of interacting.     

Discourses of American national identity: echoes and lessons from the 1910s–1920s

Anti-immigration sentiment is intricately connected to an ethno-racial conception of American national identity, a connection that has deep roots in American politics and is increasingly visible in recent debates surrounding immigration. To support this claim, the article begins with an examination of the multiple traditions approach to American national identity which, in turn, frames a discussion of three recent incidents in US politics that illustrate the fusion of anti-immigrant sentiment and an ethno-racial national identity. It then illustrates how these incidents echo and recycle similar dynamics from the 1910s–1920s before examining the arguments of Horace Kallen and Randolph Bourne, both of whom defended forms of cultural pluralism as a counter-discourse to the anti-immigrant nativism, restrictionism, and 100% Americanism of the era. Their arguments are then evaluated to assess whether they remain useful in our current era. Despite some limitations, the insights of Kallen and Bourne can serve as a counter-discourse that helps bolster present-day arguments in favor of a more inclusive, pluralistic, egalitarian, and democratic vision of national identity in the US.     

突发公共事件中政府形象塑造的三维向度分析

突发公共事件是对政府执行力的严峻考验,也是政府形象塑造的重要契机。面对突发公共事件,政府的作为不同,在公众心中的形象也就会有天壤之别。因此,在突发公共事件中,政府形象面临风险与机遇并存的分水岭。如何在突发状态中化危机为契机,重塑政府的良好形象,就成为了学术界关注和研究的一个重要课题。文章结合近几年来我国所发生的重大突发公共事件,对突发公共事件中政府形象塑造的三维向度以及路径选择进行了详细地阐述。     

工作场所中的性骚扰:多重权力和身份关系的不平等——对20个案例的调查和分析

本研究着眼于受害女性的经验和解释,试图通过这些女性在工作中经历的性骚扰事件以及她们的态度和感受,了解性骚扰背后的制度和文化因素,以及这些制度和文化因素对这些女性态度和自我定位的影响,同时了解受害女性是如何感受和评价性骚扰带来的危害和后果,等等,以此为反性骚扰的法律、制度和社会文化的形成与完善提供必要的依据。     

State marionettes,phantom organisations or genuine movements? The paradoxical emergence of rural social movements in post-socialist Russia

Of all the rural social movements in the world, those in post-socialist Russia have been considered to be among the weakest. Nevertheless, triggered by the neo-liberal reforms in the countryside, state attention to agriculture and rising land conflicts, new social movement organisations with a strong political orientation are emerging in Russia today. This sudden burst of civil activity, however, raises questions as to how genuine and independent the emerging organisations are. Our research shows that many rural movements, agricultural associations, farm unions and rural political parties lack constituency, support the status quo and/or are actually counterfeits (what we call ‘phantom movement organisations’). With this analysis, we aim to explain the nature of social movements in the post-Soviet countryside and offer an original contribution to the theory on and practice of rural social movements.