加快推进社会主义法治国家建设的根本指南——学习习近平总书记关于法治建设的重要论述

党的十八大以来,习近平总书记就加强社会主义法治建设发表了一系列重要论述,提出了许多新思想、新观点和新要求,体现了我们党依法治国的信心和决心,体现了中国特色社会主义的本质要求,进一步丰富和发展了社会主义法治理论。     

Democracy Interrupted: The Anti-Social Side of Intensified Policing

In 2015 and 2016, France was hit by some severe terror attacks. Following these attacks, the country experienced increased xenophobia in the form of anti-Muslim actions (anti-social peer punishment), and the French government reacted by declaring a state of emergency and intensifying policing activities such as house searches and police stops. Here, I analyze these reactions and show that intensified policing, even though well intended, can be associated with considerable anti-social effects. Furthermore, I will show that the state of emergency was associated with some dynamics that are worrisome for a democracy. Lastly, I will situate the findings in the conceptual distinction between institutional and peer punishment of behavioral science.     

Recalibrating social protection: Electoral competition and the new partisan politics of the welfare state

This article investigates the new party politics of welfare states with a particular focus on electoral competition. The argument is that welfare state politics are no longer just about more or less, but involve trade-offs among ‘new’ versus ‘old’ social rights, and hence social investment versus social consumption. However, party priorities on these issues are highly dependent upon their electoral situation. As electoral competition becomes more intense, parties focus more on vote maximisation than on their traditional policy goals. For left parties, this means focusing more on social investment, which appeals to their growing constituency of progressive sociocultural professionals, and less on defending the traditional income maintenance programmes favoured by their core blue-collar voters. Centre-right parties, on the other hand, should hesitate to retrench old social rights when electoral competition intensifies because they need to prioritise their appeal to culturally conservative working-class voters over their traditional fiscally conservative policy profiles. Using a new dataset and a recently published measure of electoral competitiveness, the article shows that as electoral competition intensifies, left governments are willing to prioritise social investment by reducing pension rights generosity in order to expand programmes for new social risks, while centre-right governments by contrast avoid retrenchment of pension rights and pension expenditures. The findings demonstrate that this relationship is moderated by the presence of a credible radical right challenger, which increases the electoral risk of welfare state recalibration.     

The Welfare Conventions Approach: A Comparative Perspective on Social Impact Bonds

Abstract

The Social Impact Bond (SIB) is a new funding mechanism for welfare programs. It is supposed to create savings for the public sector from which private returns can be deducted. Presented as a purely technical solution, SIBs discard their political morality. The Welfare Convention Approach (WCA) is designed for studying SIBs as disputed and versatile welfare apparatuses. It is claimed that elements from diverse historical welfare conventions (the philanthropic, communitarian, civic, market, full employment, entrepreneurial, financial, and behavioral) reveal the diverse institutional conflicts and compromises of SIBs at the time they are implemented. In so doing, the WCA informs comparative research on SIBs.     

大学校园体育运动伤害民事责任研究

大学校园体育运动伤害事故频发,危害在校学生健康,受到社会广泛关注。针对大学校园体育伤害发生的原因和特点,应当加强校园法治建设,积极预防和妥善处理大学校园体育运动伤害纠纷,正确适用法律,确定学校责任、第三人责任以及受害人自己责任,正确平衡教育机构、受害学生和全体学生的利益,创建和谐安宁的大学校园环境,确保大学生群体的人身安全。     

Toxicity in the Details: The History of the Women's Office Worker Movement and Occupational Health in the Late-Capitalist Office

In the early years of the twentieth century Japanese employers, like their counterparts in the various Western countries, experimented with programs of firm-based social welfare and social insurance, often collectively identified as welfare capitalism. This essay examines these programs, focusing on those operated by the national railroad system. It argues that these programs were neither a distinctive emanation of traditional values nor simply a result of mimicry of Western-inspired programs. They were instead an instance of a global effort by employers everywhere to cope with rapidly changing conditions and the challenges of modern economic development. The essay also argues that these Japanese programs, like those in Western countries, influenced and helped to set the parameters of state-based health and welfare systems that emerged in the first half of the century.     

“平衡”是法的最高境界

平衡与法存在必然的联系,平衡是法的本质要求,是法的价值内核,决定法的制定、法的内容、法的目的。本文从法的现象出发,从静态、动态、横向、纵向四个维度对法进行了综合阐述,论证了＂平衡＂反映法的最高规格,是法发展的最高状态。     

国企基层工会的“三难”与“三解”

国企基层工会现面临着的问题有"三难":一是职责不清定位难;二是机构减员人事难;三是发展太快适应难。破解之道亦有其三:一为以法为据精准定位;二为着力提升自身素质;三为努力搞好机制建设。     

The land question: special economic zones and the political economy of dispossession in India

Special Economic Zones (SEZs) have become the epicenters of ‘land wars’ across India, with farmers resisting the state's forcible transfer of their land to capitalists. Based on 18 months of research focused on an SEZ in Rajasthan, this paper illuminates the role of ‘accumulation by dispossession’ (ABD) in Indian capitalism today and its consequences for rural India. It argues that the existing theories of land grabs do not adequately explain why dispossession becomes necessary to accumulation at particular times and places, and seeks to reconstruct Harvey's theory of ABD to adequately account for it. It then shows the specific kind of rentier- and IT-driven accumulation that dispossession is making possible in SEZs and the non–labor-absorbing, real-estate–driven agrarian transformation this generates in the surrounding countryside. Land speculation amplifies class and caste inequalities in novel ways, marginalizes women and creates an involutionary dynamic of agrarian change that is ultimately impoverishing for the rural poor. Given the minimal benefits for rural India in this model of development, farmer resistance to land dispossession is likely to continue and pose the most serious obstacle to capitalist growth in India. The agrarian questions of labor and capital are, consequently, now rejoined in ‘the land question.’     

用法治思维抑制权力的傲慢

法治思维和法治方式的核心意义在于用法律限制权力的任意行使,要求各级领导干部用法治方式进行社会管理创新,化解社会矛盾。这意味着在对待法治建设的问题上不能一味奉行实用主义立场,搞实质法治和能动司法。在现阶段应该坚持严格法治的原则,尊重法律的权威,用规则和程序规制人们的行为。法治思维包含着用法治方式建设美丽中国的宏伟设计,这就要求我们应该以权利为导向,把法律作为修辞来构建思维方式,改变长期以来形成的权力话语霸权,用法治思维和法治方式消除权力的傲慢与过度张扬。