《社会保险法(草案)》存在问题研究

《社会保险法(草案)》存在一些亟需解决的重要问题:立法宗旨和基本原则不清晰,适用范围较窄,政府作用不具体,工会作用不突出和立法技术不科学等。在完善社会保险立法的过程中,应坚持公平正义、互助共济、安全稳定的社会保险立法理念,充分发挥工会在社会保险立法中的优势作用,加快社会保险立法一体化,促进我国社会保险法与国际接轨。     

公民养老权涵义论析

养老权是一项基本人权.在我国,养老权的权利主体是60周岁以上的公民,养老权的义务主体是国家、社会、家庭和个人.养老权的内容包括生活保障权、医疗保障权和受赡养扶助权.养老权具有普遍性、资格性、基础性、社会性、综合性的特点.     

对土地私有化之批判——兼论农村土地的社会保障功能

土地是我国农民赖以生存的物质基础,但工业化、城市化进程的加快和土地市场的国家垄断,必然蚕食大批的土地,使广大农民的生存与发展受到严重威胁,而农民的生存与发展关系到国家长治久安.如何解决土地锐减和农民生存的矛盾,如何发挥农村土地的社会保障功能,已成为迫在眉睫的严峻问题.有人提出了土地私有化的观点.认为坚持土地承包责任制,坚持最严格的土地管理制度,在此基础上实现土地流转的法律创新,是唯一符合现实需要的理性选择.     

法律如何在"社会情境"下存在——读昂格尔的《批判法学运动》

在对自由主义法学传统中的形式主义和客观主义批判的基础上,昂格尔提出"偏差原则"与重塑民主和市场制度形式的主张.这其中,以对法律与社会的适当关系的认知为理论支撑点,以权利体系的重新规定为主要内容之一.认为制度设计和"社会情境"的相互彰显是昂格尔思想中的核心之一,故以其为切入点,围绕法律如何在"社会情境"下存在这一问题,分析昂格尔意义下的"社会情境"的理论内涵和这一场景下昂格尔对法律中权利体系的方案设计,并对其理论构想的成立与否做出评价.     

The impact of the Second World War on postwar social spending

The huge quantitative literature on postwar social spending almost entirely neglected war as a possible explanatory factor of social spending dynamics. Given the mass carnage and the enormous social needs caused by the Second World War, this is quite astonishing. This article examines for the first time, whether, and in what ways, the Second World War affected cross‐national differences in public social spending of 18 Western welfare states over the course of the Golden Age. Using panel regressions, it is found that the war strongly affected social spending until the late 1960s. The evidence demonstrates that the Second World War is not simply a temporal watershed structuring different phases of welfare state development, but rather a crucial factor for understanding cross‐national differences in welfare efforts and social expenditure dynamics in the postwar period.     

Trying not to lose: The electoral consequences of unilateral reform efforts and the social pact formation process

The existing social pact literature claims that governing parties offer social pact proposals because they anticipate they will receive an electoral benefit from social pact agreements. Yet the available data on social pacts inform us that in a substantial minority of cases social pact proposals fail to become social pact agreements. In an effort to better determine the political calculations made by governments before they propose a social pact, this article examines the effect of implementing reform legislation unilaterally, social pact proposals, social pact proposal failures and social pact agreements on the vote share of government parties in 15 Western European countries between 1981 and 2006. It is found that social pact proposals do not have any electoral consequences for governing parties, unilateral legislation and social pact proposal failures reduce the vote share of governing parties, and social pact agreements provide an electoral benefit to parties in minority governments only. These findings suggest that governing parties propose social pacts in a good faith effort to complete a social pact agreement; and that such an agreement is not a way for these parties to gain votes, but to avoid the electoral punishment associated with enacting unpopular reforms unilaterally.     

The Czech Islamophobic movement: beyond ‘populism’?

ABSTRACT

Sla?álek and Svobodová’s paper focuses on the ideology of the Czech Islamophobic movement as seen during the 2015–16 migration crisis. In their analysis of interviews with demonstrators and speeches by leaders of the movement, they discuss first how the movement imagined its enemies, and then describe its vision of positive core values. They conclude that the movement’s key ideological features are: an emphasis on social and civilizational decline (declinism); a return to an assumed naturalness in economic and gender relationships (naturalization); and the open evocation of violence and severity (brutalization). In terms of Rogers Brubacker’s distinction between xenophobic ethno-nationalism in Eastern Europe, and the xenophobic defence of liberal values in the West, Sla?álek and Svobodová find that the Czech case fits the allegedly western pattern better than the eastern one, which may cast doubt on the whole essentialization of distinctions between ‘western’ and ‘eastern’ populisms.     

Neoliberalism,Nationalism and the Decline of Political Traditions

The three great Western political traditions (conservatism, liberalism, social democracy) incorporate three of the four possible combinations of the core political axes: traditional, unchanging authority versus the challenge of change, and egalitarianism versus inegalitarianism. The fourth possibility—egalitarian conservatism—has appeared in various guises, but has usually become submerged within the right, including its most authoritarian forms. Current xenophobic movements claiming to represent those suffering from excessive change—for example, those involved in the UK 's EU referendum and Donald Trump's victory in the USA —are seeing an apparent resurgence of this neglected tradition. What are its implications for politics in general?     

A New Progressive Patriotism

The need to hold capital to account and to bend markets to the common good is as powerful as ever, yet it is becoming steadily harder to create an electoral or political majority for such an idea in societies that are fractured and divided. The fundamental bond between voters and parties depends on political identity relationships; old ones are fading, new ones need to be created. The most dynamic politics in advanced capitalist societies are those of nation, people and place. The strategic challenge for the left is to create a new progressive patriotism that can embed radical ideas in a common sense of national purpose.     

Asymmetric bargaining between Myanmar and China in the Myitsone Dam controversy: social opposition akin to David's stone against Goliath

The Myitsone Dam suspension is an asymmetric negotiation between Naypyitaw and Beijing. The bilateral agreement of the hydropower project was concluded in 2009. However, Myanmar's civil society started to oppose the dam when political opportunities expanded in 2011. The quasi-civilian government in Myanmar was caught in an ‘audience cost dilemma': either to disappoint domestic constituents by fulfilling international obligations, or to compensate the Chinese dam developer for breaching the contract. In September 2011, Myanmar President Thein Sein declared the suspension of the dam throughout his tenure. Unexpectedly, China's state-owned dam company did not sue Naypyidaw. Moreover, Beijing even engaged with societal actors in Myanmar to seek their support for the project. How could Naypyitaw defy Beijing in this Myitsone Dam case? Drawing from 35 interviews with anti-dam campaigners and other stakeholders, as well as secondary data, this article argues that the rise of civil society successfully conditioned Naypyitaw's diplomatic options in the controversy. The change of Beijing's diplomatic strategy confirms that domestic constraint in Myanmar is not rhetorical. The Myitsone Dam case is an example that shows bilateral agreement without domestic endorsement can become China's business risk. Presumably, the dispute has wider implications for other Chinese overseas projects outside Myanmar.