数罪并罚制度的实践难题及完善对策——来自浙江省金华地区的情况报告

浙江省金华市人民检察院特组织课题组在金华地区与公、检、法的办案一线干警就数罪并罚制度实践运作中遇到的问题进行了深入调研。现就调研情况进行整理述说,并在行文过程中尝试性给出一些建议性解决对策。     

当前工会推进工资集体协商存在的难题及对策

当前工会推进工资集体协商存在的“不敢谈”、“不善谈”等问题,制约了企业工会与企业行政进行工资集体协商中作用的发挥.因此,应加强宣传力度,营造推进工资集体协商的良好社会范围;加强培训,提高工会干部和职工代表协商的能力和水平;修改和完善有关法律法规;加强领导,合力推进.     

论有法必依与劳动者权益保障

我国劳动领域长期以来一直在安全生产、工时及工资支付方面存在一些突出问题,既侵犯职工合法利益,又严重影响社会稳定.其实国家的劳动法律在安全生产及工时、工资制度方面的规定相当详细并且具有很强的操作性,然而这些方面问题也最多,显然问题的根源不是劳动法律不健全,而是有法不依,才致劳动领域问题难除,以至于形成沉疴顽疾.     

Is the government exhausting its powers? An empirical examination of eminent domain exercises in New York City pre- and post-Kelo

A controversial U.S. Supreme Court decision in Kelo v. City of New London (2005) which did not limit the use of state's eminent domain powers, led to an unprecedented legislative reaction by almost all 50 states. Of all, New York State stands out as one of the single states not to respond with a legislative amendment. In this study, I ask whether the state's predation was greater in the years following these legal and political developments, in light of the freedom which was granted to local politicians by both the Supreme Court and the state's legislators. The article hypothesizes that contrary to common perceptions, judicial decisions impact local government actions even when no limits on the use of powers are being posed. I use rigorous statistics and scrupulously defined data to expand scholarly understanding of the aftermath of the judicial decision in Kelo. The main finding is that the decision has in fact affected political behavior, but in the opposite direction than commonly expected: politicians in New York City acted consistently with public opinion, which was hostile too Kelo, not by changing the law, but by changing their practice. Studying all known taking exercises in New York City between 1991 and 2019, the paper finds no increase in the number of development projects involving condemnations after 2005. In fact, the probability of a taking for economic development or urban renewal dropped by 90%. The use of eminent domain for such projects declined even when both state and federal courts refrain from interposing any actual limit on its use. The paper lends qualified support to an alternative assertion that takings decisions by government officials are largely shaped by planning and political needs and that officials are sensitive to revealed public preferences even when there is no constitutional or legal impediment on their exercise of power.