论家事案件之执行

家事案件执行具有不同于一般民商事案件执行的显著特点,这类案件的执行,并不仅仅是简单地强制实现判决书上确定的权利,还需要顾及相关当事人的情感和将来良好关系的维持.解决这类案件执行难的问题,必须首先完善我国的现行立法,对家事案件执行设专章加以规定,以便执行人员树立新的执行理念,真正实现家事案件的执行目标.     

非强制性行政行为的增长与公安行政执法

在公共选择理论下,政府行为取决于公民的意愿和选择。或者说,一个负责任的政府是要不断地满足公民的权利吁求的。公众对公安机关直接强制行政行为的反感,促使公安机关转变执法观念,摆正位置,开发和运用多种具有行政指导、行政契约等非强制性的行政方式和服务措施,既达到了公安机关维护社会治安、推行治安管理的目的,又为群众所接受。这是公安行政执法改革与发展的一个重要趋势。     

商业贿赂的本质及其防范

商业贿赂是在商业活动发展过程中,随着投资主体和经营主体分离而逐步出现的负面产物。随着商业活动的日益扩大,其社会危害程度也同时加重,并逐渐从一种普遍存在的商业惯例演变成为刑法所禁止的犯罪行为。商业贿赂的本质特征在于受贿者对其在商业活动中的义务的背离,同时也破坏了商业活动的公平竞争秩序,这是其与公务贿赂的关键区别。预防此类行为,不仅要明确对其的刑罚处罚,更要加强对行为者的监督。     

论精神损害赔偿应纳入刑事附带民事诉讼范围

刑事附带民事诉讼的范围是否应包括精神损害赔偿,一直是一个争议颇多的问题,我们如果从现行法律规定的现实危害性、法理依据、法律依据及历史必然性等方面来论证刑事附带民事诉讼建立精神损害赔偿制度的重要性、紧迫性、必要性及可行性,则可能会取得一些有益的收获。     

Signaling virtue: voluntary accountability programs among nonprofit organizations

This article examines the structure of nonprofit voluntary accountability and standard-setting programs, arguing that these programs can be understood as collective action institutions designed to address information asymmetries between nonprofits and their stakeholders. Club theory and the economics of certification suggest that such programs have the potential to provide a signal of quality by setting high standards and fees and rigorously verifying compliance. Such mechanisms can signal quality because higher participation costs may allow only high-quality organizations to join. The article examines the implications of signaling theory using an original dataset on the structure of 32 nonprofit accountability programs across the globe. While many programs set high standards for compliance, the key distinction between strong and weak programs is the use of disclosure or verification mechanisms to enforce compliance. Contrary to theoretical expectations, compliance standards and verification do not appear to be substitutes in creating stronger voluntary programs.

New Unionism at the Grassroots: The Amalgamated Clothing Workers of America in Rochester,New York, 1914–29

Labor movements have always found it difficult to reveal and transform the social relations that constitute markets. The growing transnational movements of goods, capital, and services in themselves have therefore not triggered closer trade union cooperation across borders. Transnational collective action also requires conscious choices and a mutual understanding that solidarity across borders is warranted. For this reason, this special issue of Labor History assesses the role that politicization processes play in triggering transnational union action.     

Dismissal of strikers and industrial disputes: the 1985–1987 strike and mass sackings at Silentnight

The 1985–1987 dispute at Silentnight bed factories in the north of England was an exceptionally long and bitter strike, lasting for 20 months from June 1985 until February 1987. A total of 346 workers were sacked for taking part in the strike, which gained a high profile with remarkable levels of support and solidarity action, largely due to its emblematic status as an extreme example of punitive treatment of workers taking industrial action in the period immediately following the defeat of the miners in 1984/1985. Workers took lawful strike action in 1985 over the non-implementation of agreed pay rises and compulsory redundancies counter to an existing agreement between the firm and the union, with the company responding to the dispute with mass dismissals. Pickets were maintained at the two factories in question for nearly two years, with the strikers gaining wide-ranging support from across the labour movement, but the company stood firm against the dismissed strikers who were ultimately defeated. Based on archival research and interviews with participants in the strike, the article analyses in detail how the dispute was sustained for so long, the legal context and the weakness of legal protections for strikers in the period, and the widespread political mobilisation and networks of support and solidarity that arose around the strike and in opposition to the policies of the Conservative government of the day.     

民国时期集体劳动合同立法述论 —— 以 1930 年《团体协约法》为中心

民国时期,通常将个别劳动合同称为劳动契约,而将集体劳动合同称为团体协约。中国劳工立 法较迟,团体协约立法则更晚。国民政府有关团体协约的立法最早可以追溯至 1929 年《劳动法典草案》的编纂, 其后在《工会法》起草过程中也有团体契约权的规定。延至 1930 年,国民政府正式颁行《团体协约法》,这是 中国历史上第一部有关集体劳动合同的专门法律。《团体协约法》的出台因应了当时中国工业化过程中劳资冲 突的实际需求,但也不可避免地存在历史局限。     

Explaining postwar wage compression

One of the main problems confronting labor unions during wage bargaining is how to deal with the conflicting demands of different groups of workers over the division of labor market earnings. This article explains how their internal organizational blueprint determines how they deal with this and criticizes the scholarly preoccupation with union density and wage bargaining centralization as explanatory variables for cross-national and temporal variation in wage inequality. It does so based on a critical analysis of collective bargaining in the Netherlands and the United Kingdom during the first four decades of the postwar period.     

Preventive action and conflict mitigation in Nigeria’s 2015 elections

Prior to the 2015 Nigerian general elections, there were concerns that the fierce political contest would lead to electoral violence in the country. However, the elections were conducted peacefully, with fewer disputes and election-related deaths than previous elections. This study accounts for the fall in the level of electoral violence in Nigeria and discusses the lessons that Nigeria’s experience presents. It argues that the avoidance of destructive electoral disputes in Nigeria was the result of preventive action taken by the country’s electoral commission, civil society groups, and development partners. The specific preventive actions taken include innovations in election administration aimed at enhancing electoral transparency and credibility, election security measures such as early warning and peace messaging, and preventive diplomacy urging the main candidates and the political elite to embrace peace. The key lesson that can be drawn from Nigeria’s experience is that a well thought out conflict prevention strategy should be an integral part of electoral governance, especially in countries with a high risk of electoral violence.