推进非公中小企业劳动关系协调机制建设的思考 —— 对改善非公中小企业劳动关系现状的对策建议

劳动关系协调机制是推进企业和谐稳定以及企业长足发展的重要抓手。集体协商、职代会和劳动争议调解是企业协调劳动关系的重要机制。然而目前,各类企业尤其是非公中小企业的劳动关系需要完善和改过。为此,可采用两手抓的工作路径,即一方面应积极推动具备条件的企业依法建立健全劳动关系协调机制,另一方面大力推进区域性、行业性劳动关系协调机制建设,通过两方面工作路径的有效联动,推进区域劳动关系的整体和谐稳定,进而增进企业活力,推动企业发展。     

The Interaction Effects of Bargaining Power: The Interplay Between Veto Power,Asymmetric Interdependence,Reputation, and Audience Costs

In international relations, different rationalistic theories have developed to explain negotiators’ behavior and the outcomes of negotiations. The compatibility and interaction effects between the different forms of bargaining power, however, remain unexplored. In this article, I seek to fill this gap by connecting four rationalistic concepts of bargaining power: veto power, asymmetric interdependence, reputation, and audience costs. By showing that domestic veto players are only semiveto players in international politics – because they can veto an improvement but not a deterioration of the status quo – threats based on asymmetric interdependence to disrupt a mutually beneficial cooperative relationship can be connected to veto power; the incompatibility of the factors concerned would otherwise make this impossible. The combination of veto power and asymmetric interdependence, however, raises a theoretical question: Will rational actors ever approve a deterioration of the status quo? Theories of reputation and audience costs can help answer this question. According to these approaches, threatening parties suffer ex post costs when they back down from their own threats. This theoretical analysis sheds new light on how different forms of bargaining power interact with each other and also helps to address some of the theoretical inconsistencies of the original individual concepts. Finally, this analysis suggests some of the weaknesses of empirical studies that have neglected these interaction effects.     

行政救济程序中建立行政协调机制之研究

我国行政复议及行政诉讼的救济程序中存在着当事人不能和解的制度缺陷,导致很多案件在缺少法律监督的情况下案外和解,因此,行政救济程序中有必要建立行政协调机制.此制度的设计是在我国调解制度的基础上,并借鉴国外的诉辩交易及ADR机制提出的,有其存在的理论依据和实践基础.该机制的建立有利于和谐社会的建构,以及实现行政纠纷解决机制的多元化.     

集体谈判中工人代表的行为偏好分析与激励机制建构

在劳动关系领域,集体谈判被认为是维护劳工权益的有效制度.但中国的经验表明,集体谈判制度的有效性并未得到工人,特别是基层工人的充分肯定.之所以出现这一问题,是因为工人代表在集体谈判中的行为偏好及其与之耦合的激励机制缺位所致.因此,关注工人代表在集体谈判中的行为偏好并建立与之一致的激励机制,是提升中国集体谈判制度效果的现实选择,也是维护工人权益,促进劳资和谐乃至社会和谐的重要之举.     

浅析美国辩诉交易制度及借鉴

辩诉交易制度是美国刑事诉讼中颇具特色的制度 ,其生存于当事人进行主义的诉讼价值理念与诉讼构造中 ,有其合理的内核 ,对我国刑事诉讼简易程序的改造与吸收辩诉交易合理内核问题提供相应对策与借鉴 ,并纠正对辩诉交易制度“误读”而产生的误解。     

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。     

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.     

The “Distance Traveled”: Investigating the Downstream Consequences of Charge Reductions for Disparities in Incarceration

Abstract

Relatively little work examines the impact that charging decisions exert on sentencing. We investigate this issue by estimating the “distance traveled” in charge bargaining, or the expected change in the likelihood of incarceration associated with reductions in charges across different stages of prosecution. Using data from New York County, we examine how the probability of incarceration shifts as a result of charging decisions and how this potentially contributes to social inequalities in incarceration. Findings indicate that charge reductions are associated with sizeable decreases in the probability of incarceration, particularly at the plea bargaining stage. On average, the “distance traveled” is substantially greater for female than male defendants and for White compared to Latino and Black defendants, even after accounting for a host of relevant punishment factors. Findings are discussed as they relate to contemporary theoretical perspectives on prosecutorial decision-making and social inequality in punishment.     

Beyond Offers and Counteroffers: The Impact of Interaction Time and Negotiator Job Satisfaction on Subjective Outcomes in Negotiation

In this study, we examined real‐world sales negotiations by collecting data in collaboration with a large Taiwanese eyeglasses company. We found, as has been established previously, that higher first offers predict higher company profits and that the impact of high opening offers can be muted by greater customer awareness of prices at other stores. When we investigated a more qualitative outcome, customers’ perceptions of service quality, a different set of predictors emerged. Our results indicate that salespeople who spent more time introducing the products and services were perceived by the customers as providing higher service quality, but this effect only occurred for those salespeople who reported high levels of job satisfaction. Also, price reduction by salespeople did not improve customer satisfaction. Our results indicate that customer satisfaction does not require negotiated price concessions, but rather depends on extensive interaction with salespeople who are happy in their work. This is the first study to show that negotiator job satisfaction can affect important negotiation outcomes.     

Bargaining,Fear, and Denial: Explaining Violence Against Civilians in Iraq 2004–2007

From mid-2004 to mid-2007, the Iraq war was distinguished from other comparable insurgencies by its high rates of civilian victimization. This has been attributed to a number of different factors, including the role of Islamic fundamentalist groups such as al-Qaeda in Iraq as well as the regional ambitions of Iran and Syria. Using an unpublished dataset of violence in Iraq from 2003–2008 from the Iraq Body Count (IBC), this paper argues that the violence against civilians is best understood as a combination of three interacting logics—bargaining, fear, and denial—that are predominantly local in character. First, armed Iraqi actors bargained through violence both across and within sectarian communities, and were driven by mechanisms of outbidding and outflanking to escalate their attacks on civilians. Second, the pervasive fear about the future of the Iraqi state encouraged the “localization” of violence in Iraq, particularly in the emergence of a security dilemma and the proliferation of criminal and tribal actors. Finally, Islamist groups such as al-Qaeda in Iraq played the spoiler in Iraq, using mass-casualty attacks to generate fear among the population and deny U.S. efforts to build a functioning state. Only by addressing each of these three logics as part of its counter-insurgency strategy can the U.S. put an end to violence against civilians and develop the Iraqi state into a credible competitor for the loyalties of the population.