上下班途中的工伤

通过对现行法律规定的分析,并结合法理分析,职工在上下班途中,受到机动车事故伤害,被认定为工伤需要具备积极条件与消极条件.职工在上下班途中受到机动车事故伤害而被认定为工伤的,交通事故赔偿和工伤保险待遇赔偿应分开单独进行.     

关于东北综合经济区提升为高新技术产业基地的现实论证

东北综合经济区必须抓住饥遇,依托产业、人才、地缘等优势,加快现代中药和生物药、光电子及信息产业、航空航人产业、新材料产业等高新技术产业基地建设。而对于目前存在的区域金融环境恶化、自主创新能力薄弱、人才机制建设落后、政府眼务意识低下等问题,必须采取有效措施加以解决：积极拓展国际合作,主动寻求国际技术支持;改善区域金融环境,保障科技发展资金支持;实施人才强区战略,保证科技发展智力支持;提高自主创新能力,突破科学技术发展瓶颔;强化政府服务意识,形成政产学研一体化局面。     

传统合法化资源与农民工的利益表达——基于农民工1733份领导留言的文本分析

农民工的利益表达一直是地方政府非常重视的议题。但是,其表达方式尤其是他们是如何把自己的利益赋予合法性仍缺乏中国化的研究。论文通过对1733份农民工领导留言的文本分析,深入观察到诉求者“利”的合法化方式和策略,以及内化的“情”“理”“法”的文化心理结构。研究发现,在“重义轻利”为主导的文化心理框架下,诉求者需要把“利”合法化。通过“情”“理”“法”来赋予“利”以道德涵义和逻辑,从而形成了“情”“理”“法”的交互关系。由此,论文根据“情”“理”“法”的三者关系把合法化结构分为三种类型:传统型的情理法模式、理想型的法理情模式和现实型的理情法模式。以“理”作为评判底层民众利益表达行为的标准和尺度存在模糊性的风险。现实型的理情法文化心理模式意味着诉求者的心理结构仍然处于从传统型向现代型转变过程之中。为此,政府在处理诉求者的利益表达时需要加强法治化的引导。     

Promotion of Gender Equality at the Workplace: Gender Mainstreaming and Collective Bargaining in Italy

The article examines gender equality in collective bargaining and looks at the extent to which gender and equal opportunities issues have been mainstreamed in industrial relations systems in Italy where, despite the existence of old and new legislation on gender equality, there are persistently low levels of female employment and the precarious workforce is made up predominantly of women. The central question addressed in the article is whether the injection of a gender mainstreaming approach in the Italian collective bargaining system, combined with legislative measures, may improve the situation of women in the context of both public and private spheres. In particular, the article looks at whether gender mainstreaming has the potential to pave the way towards an ethos of substantive equality at the workplace, whereby women enter the workforce on equal terms and men are in a position to share the dual responsibilities of paid and unpaid work. The article maintains that gender mainstreaming may fulfil its transformative potential as a catalyst for changing both the conceptual and analytical tools which the law deploys, provided it is envisaged as a three-fold strategy involving simultaneous processes of deconstruction, replacement and inclusive measures, together with deliberative forms of democracy and the imposition of a statutory positive duty on public authorities to mainstream equality.

儒教文化对韩国企业经营的影响

儒教文化对韩国的政治、经济及文化等领域产生了深远的影响。即便在市场竞争被认为是社会经济发展主要动力的今天,儒教传统文化中的"仁"或"人和"理念在韩国企业经营中同样发挥着不容忽视的作用。LG集团作为韩国著名的家族式跨国企业,通过"人和"经营理念,不仅保持了经营层内部的团结,而且建立了和谐、稳定的劳资关系,实现了企业经营者与劳动者双赢的局面。韩国LG集团的成功经验对中国企业具有重要的借鉴意义。     

利害关系方制度的建构与《WTO反倾销协议》公共利益条款的完善

《WTO反倾销协议》中有关于公共利益的规定条款。但由于在利害关系方制度上考虑不周,以致这些公共利益条款的立法缺陷比较明显,使得《WTO反倾销协议》几乎成为纯粹的国内产业的保护手段。应对的措施是进一步完善《WTO反倾销协议》中的公共利益条款,扩大相关利害关系方的范围,强调倾销产品工业用户的利益。     

Networks of organised black market labour in the building trade

The building industry is a sector characterised by a large number of opportunities to commit economic crime. In Sweden, the level of tax avoidance in the building trade is estimated to be substantial, and the use of black market labour extensive. This article focuses on the organised use of black market labour in the building industry, which may be described as a form of both economic and organised crime. To date only a very small number of criminological studies have examined the use of black market labour in this sector of the economy. The article focuses on two of the central roles found in the context of organised, black market labour: the “fixer” and the “criminal entrepreneur”. The fixer is an individual with expertise in the methods of economic crime. The criminal entrepreneur acts first and foremost as a link between a client and the manpower required by this client. In this paper, fixers and criminal entrepreneurs are studied on the basis of data from the Swedish Register of Suspected Offenders. The analysis shows that the networks of fixers and criminal entrepreneurs overlap one another to some extent. There are nonetheless a number of differences between the two groups and also between their respective networks. The networks of the fixers are larger than those of the criminal entrepreneurs, and the individuals that comprise the fixers’ networks are suspected in connection with much larger numbers of offences. The fixers more often commit offences together with others and also have larger numbers of suspected co-offenders than the criminal entrepreneurs. On the other hand, the criminal entrepreneurs are suspected of having maintained their ties to suspected co-offenders for longer periods of time than the fixers. The fixers appear to specialise in fraud and forgery offences, whereas motoring offences, smuggling and drug offences are more common among the criminal entrepreneurs. The networks are highly male-dominated and on balance they are comprised of much older individuals than those of traditional offenders. Many of the fixers and criminal entrepreneurs are suspected of committing offences with the same co-offender for a long period of time. Further out in the networks, co-offenders are replaced more often. Tax offences are very common in both types of network, both in those parts of the network that are close to the fixers and criminal entrepreneurs, and also in more distant parts of the networks. In the more distant parts of the networks, there is also an increase in the proportion of offences that individual network members are suspected of committing. Judging from the material examined in the current study, violent offences do not appear to be very common among either fixers or criminal entrepreneurs. The networks examined are largely comprised of individuals suspected of economic offences. These individuals are linked together with one another by means of direct and indirect contacts that produce semi-legal networks of individuals with knowledge of organised black market labour.

论小区电信设施建设纠纷多发的原因及解决纠纷的法律途径——以小区基站建设纠纷为视点

准确界定与小区电信设施建设相关法律关系的性质,对于合理确定各方当事人权利义务,减少因电信设施建设产生的纠纷,具有重要意义。电信设施的建设与业主利益密切相关,在处理小区电信设施纠纷时,既要保护小区业主的权利,同时又要对该权利加以限制来维护社会公共利益。     

中国国家形象建构的空间维度

中国国家形象的建构是与中国国力不断提升,国际地位不断提高密切相关的.国家形象的建构引入空间概念,并从空间维度进行审视和阐释,不失为理解国家形象的一条途径.对国家文化形象的空间审视应当着眼于内空间建构和差异空间的控制,在可持续性的文化发现和播撒中实现新世纪中国文化形象的重建.     

Showdown at Nissan: the 1989 campaign to organize Nissan in Smyrna,Tennessee, and the rise of the transplant sector

In July 1989, workers at Nissan’s plant in Smyrna, Tennessee, voted 1622 to 711 against being represented by the United Automobile Workers of America (UAW). At the time, many reporters saw the well-publicized Nissan vote – dubbed a ‘showdown’ by the New York Times – as a defining moment in modern labor history. The election deserves further exploration, especially as it played a key role in establishing the non-union ‘transplant’ sector. UAW leaders blamed the Smyrna loss on Nissan’s anti-union tactics, while the company claimed that workers did not need a union because they were already well paid (although this was largely due to the UAW’s presence). This article is the first to provide a detailed analysis that draws on the union’s records of the campaign, as well as many other sources. While the factors cited publicly were important, the article demonstrates that there were additional reasons for the union’s defeat, including internal divisions, unanticipated staffing problems, and the logistical challenge of organizing such a big – and new – facility. Although Nissan workers had many grievances, the company also fostered loyalty by not laying off workers, and by expanding the plant. Finally, it secured a high level of community support, and drew off the conservative political climate of the era.