后疫情时代共享用工的可持续发展及法律规制

共享用工是疫情冲击下企业的跨界自救之举,但因我国人力资源供求的不平衡、企业用工成本的增加、劳动人口数量减少及劳动态度转变、共享用工第三方平台的崛起等原因,其在后疫情时代依然存在常态化的可持续发展空间。共享用工实现了输出方企业劳动力闲置与输入方企业用工荒的对接,提高了人力资源配置的灵活性及使用效率,但也存在着界定及表现形式不确定、法律关系模糊化的问题,同时劳动者、劳动力输出方、输入方甚至第三方亦面临潜在法律风险。因此,要促进共享用工的规范化发展,必须从政策和法律层面双管齐下,完善其制度建设,并建立包括监管部门、行业协会、共享用工平台在内的一体化规制体系。     

理性看待现金分红新规定

2008年10月7日证监会发布了<关于修改上市公司现金分红若干规定的决定>.分红新规中的分红要制度化等规定意味着管理层建立和完善上市公司分红机制,打造理性市场和引导投资者进行价值投资的决心.但新规定还存在诸如分红制度不具有强制约束力,只对需要再融资的上市公司加以限制等诸多问题,应在实际操作中加以逐步完善.     

‘Policies that Fail – Words that Succeed’: The Politics of Accessible Housing in Australia

This paper seeks to contribute to the debate over the efficacy of voluntary agreements versus regulation, and uses a study of the Livable Housing Design initiative to deliver voluntarily new‐built accessible housing in Australia. We first probe why regulation has become such a significant component of government policy making, and then ask why political campaigns focus on this issue as a strategy for reform. We refer to research by disability activists, which claims that the voluntary approach has failed and regulation is necessary. Amongst our conclusions are: (1) that the disjuncture between policy rhetoric and outcome can be attributed to the power of lobbyists, reliance on the private market to address inequality, and antipathy to regulatory enforcement; and (2) that there is a need for greater interrogation of the language deployed in policy texts to identify whether they are crafted to maintain the government's legitimacy or to deliver purposeful change.     

The End of Sprawl? Not so Fast

This article takes a careful look at the recent state of sprawl among America’s 178 largest metropolitan areas through the lens of four sets of questions: (a) Measured at the metropolitan level, is sprawl really declining? Is it declining everywhere, or just in selected metropolitan areas? (b) If sprawl is indeed declining, are more compact growth forms on the rise? (c) If sprawl is indeed declining, is it the result of antisprawl land use and development policies? (d) Which metropolitan-level land market, demographic, and economic factors are most associated with changes in sprawl? It concludes that sprawl is indeed declining when measured by average population densities, but that the decline has been much less widespread if measured in terms of population growth in core-area neighborhoods, changing density gradient intercept and slope estimates, and increased employment clustering. In terms of policy, it finds no evidence that local regulatory regimes or growth management programs have had any effect on sprawl, but finds that the consistent administration of local regulatory programs in ways that incentivize infill development and send consistent signals to developers does contribute to reduced sprawl.     

A Concurrent Analysis of Three Institutions that Transform Health Technology‐Based Ventures: Economic Policy,Capital Investment,and Market Approval

Drawing on institutional theory, this article articulates qualitative insights from a program of research on Canadian health technology‐based ventures to examine the rules that characterize economic policy, capital investment, and regulatory approval as well as the way these institutions enable and constrain the development of ventures at an early stage. Our findings clarify how economic policy integrates these ventures into the entrepreneurial domain, how capital investment configures them for economic value extraction, and how regulatory approval fully releases their market value. These findings help to revisit current policy modernization initiatives by calling attention to the convergence among the three institutions. Rather than operating solely as a source of constraints, these institutions provide a highly integrated market‐oriented space for health technology‐based entrepreneurial activities to unfold.     

Competition and switching in public service markets: Can they reduce inequalities?

Regulatory reforms to public infrastructure services across European Union (EU) countries were aimed at increasing consumer welfare by introducing competition and choice into service markets. However, empirical evaluations have questioned whether these reforms have benefitted all consumers, suggesting that vulnerable groups of service users (especially those with lower levels of formal education), might be locked into poorly performing services. We assess the relationship between the level of competition in electricity and fixed telephony markets in EU countries and evaluate the affordability of these services for different socio‐educational layers. Our findings show that – although in countries where there is a relatively high frequency of switching, inequalities between socio‐educational groups are smaller and eventually disappear – competition as such does not play a part. These results suggest that demand‐side regulation that successfully enables consumer switching has the potential to equalize social welfare, thereby reflecting a possible convergence of regulatory instruments and the central aims of the welfare state in this context.     

突出主题 全面部署 实现国民经济的快速发展——学习《中共中央关于制定国民经济和社会发展第十个五年计划的建议》的体会

党的十五届五中全会通过的《建议》的突出特点是明确提出。十五”期间把发展作为主题,为此,必须着重抓好经济结构调整、改革开放、科技进步和推进国民经济与社会信息化等几个重点环节。同时,还应当大力发展教育事业,努力扩大就业,保持社会稳定,这是加快经济发展的基础与保证。     

The Formal Delegation of Regulatory Decisions in the Telecommunication Sector: An Explanation Using Classification Trees

Research on regulation has traditionally focused on studying the delegation of regulatory competencies from political principals to an independent regulatory agency. In this article, we argue that this delegation is nuanced by different factors that affect whether a specific regulatory decision is formally delegated. We examine and explain formal delegation patterns at the level of individual regulatory decisions in twelve countries located in Europe, Latin America, and South Asia. The data were gathered by coding the twelve countries' telecommunications legislation. The data analysis was undertaken using a classification tree model—a nonparametric model. We found that the maturity of the market has the greatest effect on the formal delegation of regulatory decisions, but this effect is also influenced by the other theoretical factors considered, particularly the level of political constraints and the type of regulation.     

Limits of regulatory responsiveness: Democratic credentials of responsive regulation

Responsiveness and accountability constitute the process of democratic representation, reinforcing each other. Responsiveness asks elected representatives to adopt policies ex ante preferred by citizens, while accountability consists of the people's ex post sanctioning of the representatives based on policy outcomes. However, the regulatory literature tends to interpret responsiveness narrowly between a regulator and regulatees: the regulator is responsive to regulatees’ compliance without considering broader public needs and preferences. Democratic regulatory responsiveness requires that the regulator should be responsive to the people, not just regulatees. We address this theoretical gap by pointing out the perils of regulatory capture and advancing John Braithwaite's idea of tripartism as a remedy. We draw out two conditions of democratic regulatory responsiveness from Philip Selznick – comprehensiveness and proactiveness. We then propose overlapping networked responsiveness based on indirect reciprocity among various stakeholders. This mechanism is the key to connecting regulatory responsiveness with accountability.     

Freedom of information in local government: rhetoric or reality?

The aim of this paper is to analyse the level of implementation by Spanish local authorities of the Transparency Act (19/2013), and their voluntary information disclosure in areas where such disclosure is obligatory in other EU countries. We identify the main factors that may influence the implementation of this Act and the self-regulation policies adopted. Our analysis highlights the existence of delays among some local authorities, with notable differences between municipalities with larger and smaller populations, in implementing the Act, and also the fact that many municipalities are committed to achieving transparency, often going beyond minimum legal requirements. Factors such as population size, the political ideology of the governing party and the education level and economic capacity of the population are related to the level of implementation of transparency and self-regulatory policies in this respect by local authorities. We acknowledge that the 2013 Act was still being implemented during the period analysed.