试论中国产品质量的归责原则

我国法学 (学术 )界对中国产品质量的归责问题有几种不同的观点 :第一种是“过失责任说” ;第二种是“过错推定说” ;第三种是“视为有过错说” ;第四种是“严格责任说”或“无过错责任说” ;第五种是“综合责任说”。第五种观点既总结了以往法学界在产品责任归责上的研究成果 ,又结合了《产品质量法》的规定 ,基本上反映了我国产品责任的法律现状。然而我国目前的《产品质量法》处罚仍偏轻。加重处罚 ,提高法律的可操作性是进一步完善《产品责任法》或《产品质量法》的两个重要方面     

仲裁员法律地位的探讨

随着我国加入ＷＴＯ，全球经济一体化进程不断推进。改革我国的仲裁制度以便与国际接轨，势在必行。众所周知、加入ＷＴＯ后会对我国的外贸产生相当大的积极影响．但国际商事争议的发生同时也会随之频繁和复杂，这就对争议解决制度，特别是仲裁提出了更高的要求。所以我国在并不完全适合自由贸易的经济全球化的条件下建立起来的仲裁制度，必须加以改革，以便与国际接轨。     

浅议劳动仲裁与司法监督

要保证劳动争议仲裁的质量 ,有效地维护劳资双方的合法权益 ,稳定职工队伍和企业秩序 ,促进经济发展 ,维护法律尊严 ,将劳动争议仲裁纳入人大司法监督是当前可行的办法之一。     

职业军人劳动的特殊性及其成本补偿

职业军人是指以军事劳动为职业的人,他们和从事其他职业的人一样,劳动仍是谋生的手段.但他们的劳动具有特殊性职业军人的劳动投入不同于一般生产要素的投入,他们的劳动提供特殊的产品和服务;社会对职业军人的劳动尚有认识误区,应当澄清;建议对军人的特殊劳动成本给予适当补偿.     

Back to the factory: the continuing salience of industrial workplace history

ABSTRACT

Factories remain significant sites of employment, crucial to capitalism. In the twentieth century, scholars registered achievements in documenting their history, but since the late 1980s, and for a generation, the field lost impetus within labour history although insights continued to accumulate through work in adjacent disciplines. The factory has not featured on the agenda of ‘transnational’ and ‘global’ labour history, but we suggest that it can and should contribute to that broader global project, reinvigorating labour history, not least by contributing a dimension close to workers’ everyday experience.     

Secondary Precarity in Asia: Family Vulnerability in an Age of Unfree Labour

ABSTRACT

Scholarly discussions of precarious work have identified and analysed the conditions and structures that produce precarity, the contextual nuances that characterise worker relations across a range of sites and sectors and the possibilities of resistance by the precariat. In these studies, workers are often discussed with inadequate attention to their social embeddedness. Taking workers’ embeddedness in social relations and norms as a starting point for analysis, this article explores a secondary aspect of precarity amongst families of exploited workers. This aspect is analysed according to three registers of vulnerability and risk: economic (household and livelihood), intimate (anxiety and negative emotional relations) and physical (mobility and movement). The article outlines this framework through a case study of trafficked fishers and their families from Cambodia and the Philippines. Human trafficking is an extreme form of precarious labour, characterised by unfreedom and hyper-exploitation. The article contributes to the understanding of the trafficking of migrant fishers, which has not seen rigorous academic documentation and is relatively poorly understood in comparison to other forms of trafficking.     

Precarity,Cognitive (Non-)Resistance and the Conservative Working Class in China

ABSTRACT

Workers’ resistance is crucial to understanding how the working class respond to the growing labour precarity in post-socialist China. The labour studies literature posits that inequality and volatile capital movements increase workers’ precarity and lead to stronger labour resistance, such as strikes. However, workers’ cognition as an integral part of resistance has been rarely studied. This article examines cognitive resistance by Chinese workers from different tier cities by looking at their social trust, class identity, understanding of policies and class solidarity. Despite capital movements and precarity causing more labour unrest, it does not necessarily lead to a stronger cognitive resistance. While inequality and precarity are greater in the more developed megacities with a shifting capital favourability, workers in megacities display a more conservative cognitive resistance than those from the lower-tier cities. This study of workers’ cognitive resistance provides insight into the future of the Chinese labour movement. It argues that the working class’s current cognitive non-resistance suggests that even if a window of opportunity were to appear in the wall of state oppression, workers are not cognitively prepared to coalesce into a coherent social movement that would bring about transformative changes.     

What explains the rise of majority–minority tensions and conflict in Xinjiang?

ABSTRACT

In the past few years there has been a rise of inter-ethnic violence in China. While ethno-cultural repression and ineffective state policies are correctly attributed as key culprits behind this reality, this article suggests that socio-economic factors play a fundamental contributory role as well. Using the Xinjiang case, the article maps ethnic tensions and violence as a manifestation and expression of a growing and heightened ethno-cultural consciousness stemming from ethnic minorities’ low socio-economic status due, in part, to internal Han migration, and a labour market process – involving agency and structure – that has shaped a split and segmented labour market.     

The veterans’ gala: the use of tradition in an industrial labour conflict in contemporary Kazakhstan

ABSTRACT

Since its privatization in 1995, Kazakhstan’s largest steel mill has been in a restructuring process characterized by workforce reduction, augmented pressure on remaining jobs and labour conflict over wages, work conditions and corporate social responsibility. In 2013, in an attempt to re-establish harmonious relationships with workers, management invited the mill’s former labour aristocracy to join a newly established veterans’ council, a forum resembling traditional aksakal councils, to discuss the company’s difficult situation. In the context of a banquet in honour of the veterans, tradition became the contested terrain over which labour and capital struggled to endorse their own visions of the industrial future. As corporate capitalist visions of efficiency and professionalism, ethno-national concerns for harmony and stability, and practices rooted in the Soviet labour legacy clash, tradition is staged by actors as a practice which can either affirm or challenge industrial leadership in a labour conflict.     

国际商事仲裁程序的法律适用及其新发展

国际商事仲裁程序的法律适用既包括仲裁程序法的适用,又包括仲裁规则的适用,两者既有联系而有所区别。当事人和仲裁庭享有适用仲裁程序法与仲裁规则的选择权与确定权已得到多数国家仲裁立法的肯定。非内国仲裁理论的提出与发展是对"仲裁受仲裁地法支配"的传统观点的冲击,它在未来的国际商事仲裁实践,尤其是网上仲裁中将发挥重要的作用。