罪犯劳动权的特殊性

劳动权是我国宪法规定的公民的基本权利,罪犯作为人,作为公民仍然享有劳动权。但罪犯作为人身自由受到限制的特殊劳动力,监狱企业作为提供劳动改造场所和技能培训基地的特殊企业,罪犯与监狱企业之间形成的必然是一种特殊的监管与被监管、强制与被强制的生产关系,因此罪犯劳动权必然具有不同于一般劳动权的特殊性。     

意思自治原则确定涉外合同准据法比较研究

意思自治原则作为确定合同准据法的首要原则,已为绝大多数国家的立法及有关国际合同法律适用公约所确认。意思自治原则的内容已相当丰富,涉及的问题众多。目前我国立法过于简单粗疏,应结合各国立法及国际公约的规定进行分析和比较研究,以完善我国相关立法。     

Contracts, Investment Incentives and Efficiency in the Restructured Electricity Market

The paper highlights and analyzes the tension between designing power sale agreements that reduce uncertainty for the private investors and running the power systems as more efficiently as possible in the restructured electricity market. The features of such agreements are preliminary in resolving this tension and, therefore, in orienting the development of electricity markets restructuring towards a competitive direction. We define a theoretical contractual model, highlighting the tension between the two opposite directions: reducing uncertainty and risk in order to attract private investment and operating the power system efficiently. We apply the theoretical model for analysing the formal structure of a selected sample of power purchase agreements, really operating in the restructured electricity markets all over the world. We show how competitive contracting can increase efficiency pressures and, at the same time, increase investment risk. We then discuss some policy implications for the design of power purchase contracts in the restructured electricity market.     

劳动法的环境变化及时代考量

本文以世界范围《劳动法》的环境变化为背景,通过对劳动自体、劳动时间、劳动形态、劳动者的个性化以及劳动的国际性等诸多方面进行分析和论述,提出了我国《劳动法》亟需正视和解决的时代课题。     

The puzzle of manual harvest in Uzbekistan: economics,status and labour in the Khrushchev era

Uzbekistan has attracted international criticism for its use of child labour, defined as labour performed by youth under the Soviet legal limit of 16, to harvest cotton by hand. This article argues that manual labour, mostly performed by low-status children and women, became entrenched in Central Asian agriculture during the 1950s, and investigates the possible reasons for its persistence in the face of global trends to the contrary. The timing is a puzzle, because the 1950s were when mechanization of agriculture became a global development goal. The USSR participated in the mechanization trend. To understand better the roots of rural labour patterns in the Khrushchev period, we must consider how economic incentives and disincentives, gender relations, demographics, and state policy worked together.     

Is South Korea as Leftist as It Gets? Labour Market Policy Reforms under the Moon Presidency

Considering its conservative past, South Korea is undergoing an unprecedented turn to the left. Since priority was given to economic growth from the 1960s until the beginning of the 1990s, a close alliance between big business and government has characterised the country's labour market. Since the 1997 financial crisis, however, two decades of liberal and conservative governments have pushed a neoliberal agenda of labour market flexibilisation, which has resulted in growing inequality in a dualised labour market and left the trade unions in a marginal role. Following a rapid turn of events that led to the impeachment of conservative president Park Geun‐hye, left‐leaning President Moon Jae‐in seems determined to roll back this legacy of labour oppression with the strong support of trade unions and young voters. His administration is pushing for policy change with a series of expansionary active labour market policies aimed at promoting stability and full‐time employment. This article highlights the social‐democratic character of these reforms and the constraints in implementing them.     

无效合同诉讼时效问题探析

针对无效合同诉讼时效的争论焦点，文章论述了确认合同无效不应受诉讼时效限制的原由，并对部分相反观点作了评述。在合同被确认无效后赔偿损失、返回原物等请求如何适用诉讼时效，应根据不同情况进行具体分析。     

Verifiability, Incomplete Contracts and Dispute Resolution

Recent literature on incomplete contracts attributes noncontractibility of certain contingencies to their unverifiability. This paper questions the underlying assumption of this theory and argues that the court (or arbitrator) need not observe relevant contingencies with the same degree of accuracy as the contracting parties in order to enforce a contingent contract. In a simple procurement model, it is shown that as long as the ruling of the court (arbitrator) is not arbitrary, the first-best outcome can be implemented under certain ideal conditions by a contingent contract even if contingencies are costly to verify and verification is imperfect.     

利益多元化下的工会权利与职责

社会主义市场经济是法制经济,其特点之一是利益主体的多元化。工会要维护职工的权益,必须具备市场经济所需要的主体地位。所以,只有确立工会的社会团体法人资格,明确工会代表权,并确定其财产和机构组成,才能使工会行使各项权能,并有能力承担相应的责任。     

质疑公民劳动的义务性

法律义务是那些必不可少的、其他方法难以保障履行的义务。我国现行宪法将劳动确定为公民的基本义务,造成了法理上的混乱,使得法律制度内部不协调。现实中,对这一规定的实践又出现与法律规定相脱节的状况。劳动是公民的基本权利的宪法规定,既是社会主义公共道德在法律上的反映,又符合社会发展的趋势。