试论政府在工资集体协商中的角色定位及作用

推行集体合同制度的过程中,政府角色定位及作用发挥是一个关键的问题,公共政策的实施会影响集体协商的格局和发展。政府在工资集体协商中的作用主要表现为:完善宏观调控、制定法律法规、执行监督和争议处理、构建社会共识、效率与公平兼顾。     

Plea decision-making: the influence of attorney expertise,trustworthiness, and recommendation

ABSTRACT

Attorney recommendations influence defendant plea decisions; and the degree of influence likely rests on the perceived trustworthiness and level of expertise of the attorney (factors of source credibility). We explored attorney source credibility factors and how these characteristics influence defendants’ plea decision-making. MTurk participants read a hypothetical plea scenario and were asked to imagine themselves as the defendant in a DWI/DUI case making a plea decision; in the scenario, we manipulated the defense attorney’s level of trustworthiness, expertise, and plea recommendation. There was a significant interaction between attorney recommendation and trustworthiness on defendants’ plea decisions; participants who were advised to accept the guilty plea were more likely to plead guilty when the attorney was high in trustworthiness compared to low in trustworthiness. Attorney trustworthiness did not affect plea decisions for defendants advised to reject the guilty plea. Importantly, attorney trustworthiness affected defendants’ decision to follow the attorney’s recommendation and ultimate plea decision (regardless of expertise), and attorney expertise affected defendants’ confidence in their decision (regardless of trustworthiness). Results suggest individual-level characteristics of defense attorneys affect the influence of the attorney and their recommendation, and ultimately defendants’ plea decision-making.     

Signaling Resolve: Leaders,Reputations, and the Importance of Early Interactions

How do leaders develop reputations for resolve across repeated interactions? While scholars find that leaders can acquire individual reputations for resolve, we know relatively little about how these leader-specific reputations form to begin with. This article examines how leaders develop reputations for resolve from the very beginning of their tenures and present three key hypotheses regarding these leader-specific reputations. First, statements are more influential to reputational assessments during initial interactions. Second, statements create expectations of future behavior, which interact with a leader’s subsequent actions to influence reputation development. Third, initial perceptions of resolve significantly condition later assessments. Through a process tracing survey experiment, I find evidence that resolute statements are more substantively influential during early interactions. I also find early perceptions of resolve do significantly influence later perceptions. Furthermore, statements create expectations of future behavior, and it is by meeting or defying these expectations that a leader’s reputation for resolve is improved or injured within the experiment. These results remain robust even when controlling for contextual factors, including state characteristics. The implications of these findings for both scholars and policy makers are discussed, and this study illustrates how individual leaders develop these reputations for resolve across interactions.     

中国工会覆盖效应下的工资溢价实证研究 —— 来自 2012年雇员雇主匹配数据的经验

笔者基于 2012 年雇员雇主匹配数据，采用 Blinder-Oaxaca 分解的方法对工会覆盖效应下的工 资溢价问题进行了实证研究。实证结果显示，工会对工会企业和非工会企业的平均工资差距影响不明显；工会 企业和非工会企业的工资差异主要由特征差异引起；工会并没有通过人力资本显著影响工资差距；工会通过劳 动合同和集体合同影响了工资总体差距；工会可以减少性别工资歧视等。     

恶意欠薪罪若干问题探究

把《刑法修正案(八)》第41条新增设的罪名定位为恶意欠薪罪,不仅更为形象、生动与简洁,更加符合本罪的犯罪构成,而且还能够全面反映本罪的本质属性。恶意欠薪罪的现有立法规定尚有不明确之处或根本性缺陷,应予以解释或改进。其中,应把本罪的主观方面解释为"恶意",把本罪的客观方面限定为"情节犯",以合理划定本罪的犯罪圈。同时,还应舍弃客观的处罚条件,而采用一种二元化犯罪模式,以有效遏制恶意欠薪行为。     

初探辩诉交易制度的引入和改造

辨诉交易制度是一项起源于美国的刑事司法制度,目前已被西方国家广泛采用.我国是否可以将这项司法制度作为他山之玉加以引入,理论界和司法实务界存在较大争议.从辩诉交易制度包含的公正和效率的辨证关系分析,在我国引入该制度有一定的必要性.我国对辩诉交易制度的移植不能全盘引入,而应当是取其精华进行借鉴,使之本土化,对不足部分采取必要措施加以防止.     

Dealmaking Disrupted: The Unexplored Power of Social Media in Negotiation

While social media has had profound effects in many realms, the theory and practice of negotiation have remained relatively untouched by this potent phenomenon. In this article, we survey existing research in this area and develop a broader framework for understanding the wider roles and effects of social media on negotiation. Through a series of detailed case studies, we explore how social media can drive important negotiations either off the rails or toward beneficial outcomes—and how savvy practitioners can harness this often‐neglected factor to their advantage, or else find themselves outmaneuvered by more digitally sophisticated parties. Applying the lens of the “3D negotiation” approach developed by Lax and Sebenius, we describe a number of potentially decisive roles that social media can play to enhance actions by negotiators “at the table,” with respect to deal design, and “away from the table.” In this 3D context, we show how social media can help negotiators learn about their counterparts (interests, perceptions, relationships, and networks), directly and indirectly influence the parties, mobilize supporters, and neutralize potential opponents. We show that being proactive—both in cultivating digital influence or allies and in building resilience to threats across online information ecosystems—can provide critical advantages for negotiators navigating a hyperconnected world. We develop a preliminary framework to help identify the full range of platforms, tools, and methodologies appropriate for the use of social media in negotiations, including network mapping software and open‐source intelligence techniques. Throughout our analysis, we stress the importance of ethical and privacy considerations.     

On the theoretical basis for plea bargaining system

Before discussing the introduction of the plea bargaining system to China’s criminal justice system, it is necessary to study its theoretical basis. Among which, the following aspects should be focused on: the philosophical viewpoint of pragmatism is its thinking basis; the concept of contract is its cultural basis; the structure form of adversary procedure is its systematic basis; and the system of right to silence and discovery of evidence are its symbiotic basis. __________ Translated from Tribune of Political Science and Law, 2002, (6) (in Chinese)     

从日本劳动立法看我国集体谈判权的保障

集体谈判,对劳动关系的调节十分重要.尽管如此,很多国家并未把集体谈判权作为一项独立的权利加以保障.而且,即便确立了集体谈判制度,也并不意味着集体谈判权一定能够得到保障.我国现状即是如此.而日本劳动立法把集体谈判权的保障放在重要地位,对日本劳使关系的调节起到了不可低估的作用.检视日本劳动立法及其实践可以发现,建立行政救济制度,将拒绝谈判作为不当劳动行为加以规制;建立司法救济制度,将回应谈判、诚实开展谈判从法律上义务化,是保障集体谈判权的核心和关键所在.