论辩诉交易制度在我国的构建

辩诉交易制度产生于美国,是美国特有的一项司法制度,它具有结案快、效率高等优点。在我国,司法机关也进行了有益尝试,取得了一定的效果,显示了该制度的可行性,应当引入并加以借鉴。应从辩诉交易在我国的制度名称、应遵循的基本原则、适用范围、适用条件、审查机制和救济机制等方面,结合国情对现行的刑事诉讼制度进行相应修改和完善,构建起具有中国特色的辩诉交易制度。     

AN EXPLICIT TEST OF PLEA BARGAINING IN THE “SHADOW OF THE TRIAL”

Bargaining in the “shadow of the trial,” which hinges on the expectations of trial outcomes, is the primary theory used by noncriminologists to explain variation in the plea discount given to defendants who plead guilty. This study develops a formal mathematical representation of the theory and then presents an empirical test of the theory using an innovative online survey with responses to a hypothetical case from 1,585 prosecutors, defense attorneys, and judges. The key outcomes are the probability that the defendant will be convicted at trial, the sentence for the defendant if convicted, and the best plea that the respondent would accept or offer. Variation in the outcomes is created through experimental variation in the information presented to the respondents. Structural regression models are estimated to fit the formal theoretical models, and the instrumental variables method is used to correct for measurement error in the estimate for probability of conviction. The data support the basic shadow model, with minor modifications, for only prosecutors and defense attorneys. Controlling for the characteristics of the individual actors and their jurisdictions adds explanatory value to the model, although these control variables did not affect the key coefficients from the shadow model.     

Pares Inter Pares? The Bargaining Success of the Commission,the Council,and the Parliament in European Union Legislative Negotiations

This research note tries to determine how politically successful the Council, the Commission, and the European Parliament are in the area of EU legislative decision‐making. After reviewing the literature, a research design is presented which incorporates information on the policy preferences of the different institutional actors for 70 recent EU legislative decisions that were negotiated under the consultation and the codecision procedure. We use correlation and OLS regression to analyze the distances between what the EU institutional actors want and what they eventually get out of the process. The findings of the analysis are that (1) the preference profiles of the three actors are rather dissimilar, and that (2) the success rates of the Council are higher than the rates of the Commission and Parliament.     

非公企业工资集体协商问题研究

工资集体协商问题,早在2000年我国颁布的《工资集体协商试行办法》中已作相应规定,但这一法律制度近年才得到应有重视,非公企业工资增长机制并未得到相应建立。因此,非公企业工会的维权工作,应得到政府的强力支持,其谋求劳动者收入同企业利润增长保持同步的努力,是符合有关生产要素分配理论的。     

当前基层工会工作的一些问题与建议

当前基层工会工作存在着集体合同协商中走过场和集体哑口等现象,究其原因,主要是体制建设和组织建设不完善、工会理论研究未能切合基层工会之所需。今后应从强化工会理论创新、加强法规建设和组织建设等方面入手,最大限度地发挥基层工会组织的积极作用。     

集体协商制度效果分析——以浙江省企业职工抽样调查为例

通过对建立集体协商制度与未建立集体协商制度企业职工的问卷统计比较分析可以得出结论：在就业稳定性、劳动者话语权、劳动条件改善、工资收入状况、企业管理改进、对政府评价等指标上,建立集体协商制度的企业均优于未建立集体协商制度的企业。     

关于非公企业开展工资集体协商的思考

目前非公企业开展工资集体协商,还存在着诸多问题,需要从加大工资集体协商的宣传教育力度、推行区域性和行业性工资集体协商工作、建立上级工会与相关部门指导协调机制、加强培训指导等方面,采取些强有力的措施,以谋求收到良好的协商结果。     

Employee ownership and union labor: the case of United Steel Workers of America

Union–management relations in the U.S. are best described as adversarial. However, under certain circumstances, they can become cooperative. One example of the latter was the role of trade unions in the conversion of firms to employee ownership. Firm ownership (entrepreneurship, capitalism) by employees has increased in recent years. Specifically, we focus on the use of ‘investment bargaining’ (i.e. buyouts using ESOPs) by the United Steelworkers of America during the decades of the 1980s and 1990s as the steel industry faced serious declines. This study applies some basic union–management bargaining frameworks for examining both primary (e.g. case studies) and secondary data to demonstrate that the USW’s adoption of investment bargaining is consistent with their pragmatic approach in preserving the employment of their members. The impact and the implications of the union’s efforts in this area as well as the future role of unions in employee buyouts are also discussed.     

Losing out on substance but winning procedurally? The European Parliament and accountability in crisis legislation

Recent studies have found that the European Parliament (EP) had limited substantive influence on the European Union’s response to the European debt crisis. It has been argued that Parliament compensated this loss by expanding its oversight powers over executive bodies in the implementation of crisis legislation. This article systematically assesses the conditions under which the EP has been successful in increasing its account-holding powers, using new data on the accountability provisions included in economic and financial legislation put forward between 2009 and 2014. It is found that Parliament has indeed been more likely to gain oversight powers in crisis legislation. Levels of accountability are also higher in package deals and more salient legislation. The findings here provide a more nuanced picture of Parliament’s inter-institutional gains and losses in recent years and give more insight into the EP’s account-holding role.     

Globalisation and the (Non‐) defence of the welfare state

This article explores the relationship between globalisation and the development of the British and Norwegian welfare states. Focusing on the welfare state policies of the British and Norwegian labour parties and their relationships to the European Union (an important indicator of the impact of globalisation on West European nation‐states), it argues that despite the growing importance of global dynamics and pressures, national‐level forces were the predominate factors in the development of the British and Norwegian welfare states and relations to the EU in the 1980s and 1990s. Consequently, globalisation does not lead to welfare state convergence, but to divergence, interwoven with national‐level dynamics.