日本《部分工时劳动法》的修正——以均等待遇原则为中心

日本部分工时劳动发展当中,差别待遇问题日益突出。在日本社会特殊的雇佣体制下,同工同酬原则一直不被认可,禁止差别待遇缺乏法源依据。2007年《部分工时劳动法》作出重大修正,最大的亮点是有限度的导入了国际劳工组织倡导的均等待遇原则,对满足一定条件的劳工给予同工同酬保护。中国非全日制用工发展中差别待遇问题同样突出,日本修法的经验对于中国具有借鉴意义。     

应对竞争的抗辩:美国和欧共体反价格歧视法的比较与借鉴

价格歧视属于企业价格决策的一种,而价格决策很大程度上受制于企业所处的竞争地位和竞争环境.而价格歧视又是竞争法规范的对象.为了将与竞争法目标相容的和不相容的价格歧视区别出来,除了其他规则之外,美国和欧共体的竞争法还确立了应对竞争的抗辩,被控方可据此推翻指控.比较美国和欧共体竞争法中的有关规则,分析两者在这一问题上的相同点和不同之处,针对我国未来反垄断立法中的禁止价格歧视条款,提出具体的建议.     

Nondestructive Differentiation of Polyester Single White Fibers Using Synchrotron Radiation Microbeam X-ray Fluorescence Spectrometry with Vertical Focusing

In this study, the nondestructive differentiation of individual white polyester clothing fibers was accomplished via synchrotron radiation microbeam X-ray fluorescence (SR-μ-XRF) analysis. SR-μ-XRF with vertical focusing is a useful nondestructive method for the analysis of a single polyester clothing fiber. Kirkpatrick–Baez (KB) mirror was used to vertically focus 20 keV X-rays for the analysis of 22 individual white polyester fibers taken from clothing commonly sold in Japan. SR-μ-XRF with a vertical focused 2 μm (V) × 300 μm (H) beam was approximately 12.8 times more sensitive than SR-XRF with an unfocused 300 μm (V) × 300 μm (H) beam for the detection of elements in single fibers. The minimum detection limits (MDLs) of the SR-μ-XRF method were 8.15 ppm for Cl and 0.06 ppm for Br. In addition to Ti in TiO₂ delustering agents, Zr and Nb impurities in the delustering agents were detected in individual fibers. Sb from a polymerization catalyst and Co from a transesterification catalyst were also detected in individual fibers. Comparing the Ti K_β/Sb L_α,β and Zr K_α/Nb K_α X-ray intensity ratios was a useful way to distinguish individual clothing fibers, and 98% of the fibers were differentiated when additional trace elements were used as discrimination indicators.     

刑法第306条的理性解读

刑法第306条是对刑事辩护权的限制和对律师职业的歧视,它被形象地称为悬在辩护律师头上的一把达摩克利斯之剑.对比刑法其他相关条文,不难发现刑事辩护在我国遭受立法歧视的现实.刑事辩护没有空间,究其原因一是因为在中国立法活动被异化为纯粹的权力、利益的较量.二是中国缺乏公正对待刑事辩护的土壤:制度上中国不具备弹劾式诉讼构造和正当程序模式;理念上中国没有真正贯彻无罪推定的原则和人权保障的价值观念;更深层次的原因是中国缺乏法治文化.     

‘They treat us like criminals’: urban public spaces and ethnic discrimination in Italy

Mantovan’s article analyses the processes that lead to discrimination against migrants in the public spaces of Italy’s towns. Her analysis is based on a three-year research project conducted in northeastern Italy using mixed methods—ethnographic observation, semi-structured interviews, a press review, an analysis of relevant documentation and data collection—and remaining constantly in touch with research conducted in various Italian cities. Starting from an idea of a city whose evolution is the product of alliances, conflicts, active networks of individuals and their respective competing interests, Mantovan sheds light on how discrimination against immigrants in Italy’s urban public spaces is the result of a process of social construction implemented by a number of social actors (journalists, citizens’ committees, politicians and police forces) who represent the visible presence of migrants in these public spaces as deviant and unlawful, especially if they are undocumented immigrants and/or of low socio-economic status. She also argues for the importance of taking into consideration the contribution of economic and political dynamics, both global and national, to the generation of these phenomena by interacting with those at the local level.     

The rise of the far right in Greece and opposition to ‘othering’, hate speech,and crime by civil and civic organizations

This article focuses on forms of opposition to ‘othering’ and far-right politics in present-day Greece. This opposition takes a variety of forms, comes from a range of actors, and is motivated by a number of concerns with differing assessments of what should be done. More specifically, the article focuses on the far right in Greece and discrimination, hate speech, and hate crime against the ‘other’ from the perspectives of those who are active in mobilizing against racism and counteracting the country’s populist and neo-nationalist turn. Concentrating on the forces opposing discrimination, the analysis describes present-day social movements and actions from grassroots to governmental level, their strategies and politics, their diversity of thought and action, and their contribution in providing the resources for social change, and the production of new meaning in the context of anti-racism in Greece. Trying to provide answers as to how social movements and activists produce meaning, we argue that activists develop less intentional, inadvertent meanings which emerge in the course of the not-always conscious schemas of their struggle. This calls for a more dynamic explanation of the relationship between practice and meaning-making in social movement contexts.     

女性就业歧视公益诉讼制度法律机理研究

现行法律对女性就业歧视司法救济的规定不足,难以解决女性劳动者力量弱小、举证难、现有诉讼制度不足等问题。为进一步保障我国女性平等就业,需要构建女性就业歧视公益诉讼制度,从正当性、必要性、可行性分析其的法理基础。并对该制度的构建进行初步探究:原告资格以工会、妇女联合会等社会组织为主,新增专门的平等就业管理机构;举证责任在当事人之间合理分配;抗辩事由应包括劳动保护措施、真实职业资格、小微企业豁免制度等;法律责任形式从民事责任和行政责任两方面进行规范。     

Gender discrimination in Vietnam: the role of personal face

This paper examines gender discrimination using two novel perspectives: its relationship with personal face and its manifestation in contemporary Vietnam. Interviews with a sample of college teachers in Nha Trang city suggest that gender discrimination is reflected in and institutionalised through learning and enacting ‘acceptable’ face-related behaviours. These processes are exemplified in gender based linguistic conventions, role differentiation and segregation, the higher value associated with male roles, the (surface) acceptance of double standards by both genders and the recognition of public sanctions as effective reinforcers of gender inequality. Despite limitations in generalising from this research, an approach based on personal face-related language, behaviour and attitudes has promise for understanding how gender inequality functions at both individual and societal levels.     

“It's Like Fighting for Survival”: How Rejected Black African Asylum Seekers Experience Living Conditions in an Eastern German State

This article explores how Black African asylum seekers in an eastern German state experienced living conditions and the forms of agency they exhibited to redress the stressful circumstances of everyday life. The article draws on 12 in-depth interviews with rejected Black African asylum seekers and ethnographic research. Participants experienced various socio-environmental stressors and the absence of resources that affected their well-being and were injurious to their human rights. Their responses were embedded in different practices tied to the accumulation of capital that buffered stress and contested repressive asylum laws. The implications of the study for policy and advocacy are discussed.     

基因信息在保险核保中的应用及其限度

基因信息可应用于保险核保的理论基础在于保险的风险分类理论与保险法的对价平衡原则。政策、伦理、道德、技术等方面的反对意见并不足以否定基因信息应用于保险核保的正当性,因为商业保险不应承担社会保障职能;基因信息相比一般医疗信息不具有特殊性;保险承保的本来就是具有不确定性的风险,基因检测的准确性也在逐步提高。是故,应当允许基因信息应用于保险核保,但为防止基因信息的滥用,还须通过规范的方式明确基因信息的应用限度:明晰保险人获取基因信息的方式;设定保险人使用基因信息的条件;规定保险人对于依据基因信息作出不利被保险人决定之理由的披露义务;强化基因咨询师的咨询与建议职责;完善对被保险人的救济机制及其具体运作规范。