论劳动者的休息权及其法律保障

休息权是劳动者所享有的宪法权利,具有自由权和社会权的双重属性.当劳动者享有休息权时,国家负有尊重和不干预的义务;在劳动者的休息权受用人单位侵害时,国家负有保护的义务;发展劳动者休息和休养的设施,国家负有给付义务.保障劳动者的休息权,立法机关需要完善相关立法,劳动行政部门需要切实履行法定监管职责,司法解释的举证责任分配规...     

社会保障权的宪法思考

社会保障权是公民在年老、疾病或者丧失劳动能力的情况下,国家和社会给予物质帮助的权利.社会保障权既是社会权利、经济权利,更是宪法权利、基本权利.确立社会保障权的宪法地位对于发挥其保障作用尤为关键.     

The Influence of Resistance to Change on Public-Sector Reform Implementation: The Case of Italian Municipalities’ Internal Control System

The present research tries to contribute to the academic debate on public management reform adoption, focusing on the reasons for the discrepancies between actual and formal changes and using resistance to change as theoretical basis. The study hypothesizes that high levels of individual and organizational resistance to change may be associated to the formal implementation of public management reforms. The research results allow to confirm the hypothesis when large-size municipalities are considered, while when considering medium-size entities a definite evidence of a relation between resistance to change and the formal implementation of the reforms does not emerge.     

Procedural justice,obligation to obey,and cooperation with police in a sample of Jamaican citizens

ABSTRACT

Procedural justice theory plays a central role in understanding police–citizen relationships. To test the universality of procedural justice theory, researchers have tended to assess the relative impacts of normative and instrumental models of policing in different geopolitical contexts. Building on Reisig and Lloyd’s study in Jamaica, we test in the current study the relative impacts of procedural justice (a normative factor) and police effectiveness and risk of sanctioning (instrumental factors) on Jamaicans’ obligation to obey the police and willingness to cooperate with police. We found that procedural justice predicted both obligation to obey and cooperation, although obligation did not predict cooperation. And while effectiveness predicted obligation, it was not significantly related to cooperation. Lastly, older citizens were more willing to cooperate with police. The study’s implications for policy and future research are discussed.     

Theoretically,yes, but also empirically? How the corruption-turnout link is marginally explained by civic duty to vote

Corruption is generally associated with low electoral participation. A recurrent explanation of the negative correlation between corruption and electoral turnout involves the rational calculus of the costs and benefits of voting. More specifically, in a context of high corruption, citizens do not vote because they think that doing so will hardly affect policy decisions. A number of influential studies has argued that corruption affects citizens' electoral engagement in a different and more fundamental way as well: It erodes their sense of civic duty to vote in elections. Yet, a relation between corruption and civic duty and a mediation effect of the attitude remains empirically untested. This article examines empirically whether perceived corruption and sense of civic duty are correlated, as well as whether civic duty mediates the relation between perceived corruption and turnout. It does so with the pooled Making Electoral Democracy Work data, as these data contain measures on individuals’ sense of civic duty to vote in four election levels, namely, national, regional, European, and municipal elections, as well as on their perception of corruption in each of these government levels, and on their participation in these four election levels as well. I find a weak relation between perceived corruption and civic duty, and a low mediation effect of the attitude (compared with rational factors), irrespective of the election level.     

论强制程序条款下辩方证人出庭

对质条款和强制程序条款作为保障被告人权利的重要条款,是证人出庭的两条基本依据。目前刑事诉讼领域的立法和实践主要聚焦于对质条款下的证人出庭,对依据强制程序条款下的证人出庭程序缺乏足够的重视,使得对质条款和强制程序条款的平衡性丧失。辩护律师依此条款申请辩方证人出庭,人民法院认为确有必要的应当同意;证人可以主张不得强迫自证其罪特权,但不能以近亲属特权、律师当事人特权或者国家秘密作为拒绝作证的理由;对拒不出庭或者出庭后拒绝作证的可以强制到庭和司法拘留;增加规定携带证据到庭的通知书等。     

Buyer and Seller Differences in Business‐to‐Business Negotiations

The purpose of this article is twofold: first, to examine the differences between buyers' and sellers' use of negotiation tactics in face‐to‐face business‐to‐business (B2B) negotiations and second, to explore how negotiators' professed negotiation styles influence buyers' and sellers' use of tactics. The methodology is a multiple case study analysis of eighteen negotiators representing twelve companies in six real‐life buyer–seller negotiations in B2B settings analyzed using qualitative research methods, including both comparative analysis and frequency analysis. We found some difference between buyers' and sellers' use of negotiation tactics, which suggests this question deserves further empirical study. Buyers' and sellers' use of specific tactics differs according to which overall strategy the negotiators chose, and sellers generally use a greater number of negotiation tactics than buyers. The findings challenge previous findings that suggest that B2B negotiations are collaborative and that negotiators communicate in a collaborative manner. The findings also increase our understanding of buyers' and sellers' variable use of tactics in the course of everyday practice as well as the interplay between negotiation tactics and strategies.     

Opposition to immigration in contemporary Russia

The study examines sources of opposition to immigration in contemporary Russia. It distinguishes between two types of opposition to immigration: exclusionary attitudes based on national membership and exclusionary attitudes based on race or ethnicity, directed exclusively at foreigners with non-Slavic or non-European origins. Findings indicate that a quarter of ethnic Russians can be classified as “racial exclusionists”; they are willing to admit immigrants who share a race/ethnic group with most of Russia’s people but object to the admission of racially/ethnically different immigrants. Another 42% of ethnic Russians are classified as “total exclusionists”; they object to immigration of all foreigners, regardless of their race/ethnicity. Multivariate analysis focuses on the impact of perceived collective vulnerability, human values, and socio-demographic attributes. Opposition to immigration in Russia is further situated within temporal and cross-national comparative perspectives. Apparently, exclusionary attitudes toward immigrants who share a race/ethnicity with most Russians increased between 2006 and 2016.     

Revisiting the 'Responsibility to Protect'

The Declaration on 'the responsibility to protect' (R2P), unanimously endorsed by the Security Council in April 2006, identified both national and international responsibilities in relation to genocide, ethnic cleansing, war crimes and crimes against humanity. This was highly significant in appearing to accept that the prevention of mass atrocities was a legitimate international concern. Subsequently, there has been some disappointment about the limited practical impact of R2P, and also anxiety that its progress may be impeded by the fear that it is designed to legitimise military intervention. However, this article concentrates on a different concern. Arguing that an earlier version of R2P (in the International Commission on Intervention and Sovereignty of 2001) linked the issues with those of human security and development, it suggests that the contemporary focus is far narrower, undermining its critical potential with regard to the policies of the global North and reducing its appeal to developing countries.