农民工社会保障制度建设的法律思考

2010年上半年富士康公司员工的"×连跳",令世人震惊,同时也令我们必须重新审视我国农民工社会保障制度建设中的诸多缺陷。一方面要努力找出导致这些制度缺陷产生的原因;另一方面,更重要也更有价值的,就是要寻找到加快农民工社会保障制度建设的法律途径。     

劳动权保障与制度重构——以“农民工”为视角

劳动权是我国宪法赋予劳动者的一项基本权利。在改革和发展背景下,重新定位并依法确立“农民工”劳动权主体地位既是切实保障他们利益的前提条件,也是他们公平分享改革发展成果的重要依据。应当依法确立“农民工”平等的劳动者身份。劳动权的实现主要有赖于政府法治,具体路径选择应当是从立法、执法与司法层面重构劳动权保障法律制度,以规制“失范”的“农民工”劳动权保障制度,依法切实保障“农民工”各项劳动权利。     

海外华人新移民的全球化与中国西部大开发

在国际移民研究领域中,多种学科的学者从各自学科特点与视角对海外华人新移民进行研究。地理学以区域性为最基本特征,对移民现象———以地区为基础的人口迁移进行了综合性研究。人口迁移是当今全球化关注的内容之一,从经济全球化的高度,把中国西部大开发与华人新移民联系起来进行研究很有意义。中国正在融入经济全球化的潮流,发挥新移民的群体优势,对推动西部大开发进程具有重要意义。     

Domestic migrants' responsiveness to electoral mobilization under authoritarianism: Evidence from China's grassroots elections

This study examines citizens' responsiveness to electoral mobilization under authoritarianism by studying the turnout of domestic migrants in China's grassroots elections. While a large literature on authoritarian elections has focused on coercion and material benefits as tactics dictators often use to promote turnout, we argue that social pressure from the community and its leaders plays a crucial role in mobilizing authoritarian constituents. Employing data from the China Labor Dynamics Survey (2012), we show that migrants who share traits with local residents, such as dialect, are more likely to be mobilized to vote, because they are more responsive to local cadres' mobilization efforts and feel more connected to the community. Conversely, we find no support for an explanation rooted in channels of communication. We confirm the findings using an instrumental variable approach. Our findings imply that street-level mobilization for authoritarian elections takes advantage of various social factors in more subtle and embedded ways than is typically assumed.     

Memory and ethnic leadership among Afro-descendants and Africans in Argentina

Several academic studies on African and Afro-descendant population in Argentina have made reference to the ‘oblivion’ of the black component in the creation of an ethnically white and homogeneous national collective. The present work intends to rethink this issue in light of an Anthropology of the memory that promotes a critical analysis of the construction of an African past as diacritic of ethnic identification and interaction strategy related to the largest society, paying special attention to the actions of ethnic leaderships in the Afro community. In other words, we consider the processes of creation and validation of a social memory from an African origin by the ethnic entrepreneurs. For that purpose, we conduct a qualitative study employing the techniques characteristic of anthropological ethnography.     

日本企业培养技能型人才特点与多元化模式

在国家创新体系中,技能型人力资本无疑作为科学技术知识的生产者和传播者发挥着重要的作用。近年来,日本企业培养技能型人力资本表现出大企业青睐专门技能学校毕业生、企业培训与公共职业培训紧密结合、由员工本位主义向以企业本位主义转型、企业日益重视员工职业培训等新特点。日本企业培养技能型人才不仅继续发挥在职培训、脱产培训、自我开发、函授培训和轮岗培训等传统模式作用,而且还创新了GPC和工业学园等新模式。日本相关经验启示我国也要重视和加强企业技能型人才培养、注重企业培训与公共职业培训相结合、不断创新企业培养技能型人才模式。     

Industrial requiem: management,labor, and investment at the Lowell Machine Shop

In the 1890s, a desire for greater control of shop floor work induced Lowell Machine Shop management to mechanize components of the machine tool manufacturing process. This effort resulted in the removal of the firm’s skilled workers, who were an experienced source of ingenuity and, as others have shown, a community that diffused technical knowledge between firms. At the same time, the firm began paying larger dividends to shareholders instead of investing in the research and development of new products. These decisions damaged the firm, and shortly after the turn of the century, manufacturing operations at the Lowell plant ceased. Because in this period the Lowell Machine Shop was one of the most important capital goods firms in the United States, both in terms of national market share and reputation, this case raises questions about the degree to which specialty producers retained skilled workers and paid dividends.     

Migration and justice: a reply to my critics

In this response to six critics, I begin by clarifying the sense in which my approach to the issue of immigration is ‘realistic’. I also explain why a realistic approach must place immigration in a nation-state context, although without treating it as primarily reparative for historic injustice. I suggest that it is implausible to regard global equality of opportunity, as opposed to global sufficiency, as setting limits to national self-determination. I then defend my use of the distinction between refugees and economic migrants to frame the discussion of immigration against the charge that all migrants are potentially vulnerable to the decisions of admitting states, since these may determine the fate of their life-projects. And I also defend the claim that, in the case of refugees, justice requires only that each state should discharge its fair share of the burden of admitting them; doing more than this would require popular consent. Finally, I consider the case of irregular migrants, and explain in what sense they have taken unfair advantage of other potential migrants; I defend offering a conditional amnesty to people in this category.     

Refugees,economic migrants and weak cosmopolitanism

This article takes issue with several features of David Miller’s account of justice with respect to refugees and to economic migrants, as outlined in Strangers in our Midst. It suggests that even within the terms of his own weak cosmopolitanism, the requirements of justice are more demanding than he acknowledges. In particular, the argument advanced criticizes Miller’s ‘fair shares’ argument concerning obligations to refugees and his recourse to ‘mutual advantage’ in theorizing economic migration.     

Beyond post-national citizenship: an evaluation of the experiences of Tunisian and Romanian migrants working in the agricultural sector in Sicily

To further advance the literature which contests the shift from national to post-national citizenship, the aim of this paper is to compare the experiences of two groups of migrants to reveal how national immigration policies remain influential and determine the employment and living conditions of migrants. Reporting evidence from Italy on the different experiences of non-European Union (Tunisian) and European Union (Romanian) migrants employed as seasonal workers in the agricultural sector in Sicily, the finding is that the degree of exploitation they witness in their working conditions is shaped by their citizenship entitlements. The outcome is that it is revealed that (European Union) citizenship status, rather than formal employment, provides greater belonging and security to economic migrants.