中国农民工的依法维权

通过从五个方面详细论述了农民工群体作为"漂移的社会"的特征,提出农民工的"依法维权"解释模式及其维权特点,认为造成农民工弱势地位不仅有制度方面的原因,也有非法侵害;农民工对"法定权益"的维护会向对"基本权利"的争取方向发展。当前,政府进行制度改革,增强农民工维权能力、切实保障农民工的基本权益是必要的。     

浅析《城乡规划法》对土地利用规划的影响

研究目的：探讨《城乡规划法》对土地利用规划的影响，为新一轮土地利用总体规划的修编提供参考。研究思路：通过对新颁布的《城乡规划法》的解读，在与《城市规划法》对比的基础上，从城乡统筹规划、两规的衔接以及公众参与等角度，简要分析新法对现阶段土地利用规划的影响。研究结论：提出土地利用规划的编制应进一步强化城乡统筹观念，尽早构建和明晰全国规划体系、以法律形式明确界定两者的任务及衔接内容、政府部门权责的确定与落实等建议。     

试论私有财产权对我国政治民主建设的意义

私有财产权是宪政国家的基石。私有财产权保障了自由和民主原则得以实现、促进法治建设的进程、增强公民参与政治生活的意识。     

Food safety and product liability

This paper focuses on the U.S. product liability system for food poisoning cases and makes six key points. First, current legal incentives to produce safer food are weak, though slightly stronger in outbreak situations and in markets where foodborne illness can be more easily traced to individual firms. Far less than 0.01% of cases are litigated and even fewer are paid compensation. Second, even if potential plaintiffs can overcome the high information and transaction costs necessary to file lawsuits, monetary compensation provides only weak incentives to pursue litigation. Firms paid compensation in 56% of the 294 cases examined in this study and the median compensation was only $2,000 before legal fees. Third, indirect incentives for firms may be important and deserve more research. For example, firms may be influenced by costly settlements and decisions against other firms in the same industry. Fourth, confidential settlements, health insurance, and product liability insurance distort legal incentives to produce safer food. Fifth, the ambiguity about whether microbial contamination is “natural” or an “adulterant” hinders the legal system from effectively dealing with food safety issues. Sixth, a brief comparison of the incentives from U.S. and English legal systems suggests that more research is needed to understand the strengths, weaknesses, and relative impact of each country's legal system on the incentives to produce safer food.     

Human resources in Sino-foreign joint ventures: selected case studies in Shanghai,compared with Beijing

This article examines HRM in joint ventures (JVs) in Shanghai compared with those in Beijing using a case-study approach. It focuses primarily on issues relating to labour contracts, rewards and benefits, social insurance, trade unions and personnel policies, and describes current developments in China in each of these areas. In order to place these JV human resource practices in context, we also draw on interviews in state-owned enterprises (SOEs) in Shanghai and Beijing. Taking as a starting point a summary of traditional SOE 'iron rice-bowl' ( tie fan wan ) practices in the management of personnel, we ask to what extent HRM in the present JV sample differs from traditional methods and to what extent 'iron rice-bowl' practices continue despite foreign ownership. The extent to which HR practices in JVs are distinct from those in contemporary SOEs is also examined. We conclude that, although, as one would expect, foreign ownership has modified traditional practice, the degree and extent to which this is true varies widely. There is strong evidence of institutional and organizational continuity in 'iron rice-bowl' practices in both JVs and SOEs. Finally we propose a framework for categorizing the companies investigated in terms of their distance from traditional 'iron rice-bowl' HR practices and proximity to 'imported' practices. This consists of two 'pure' and two hybrid categories: pure 'iron rice-bowl'; hybrid I (predominantly local); hybrid II (predominantly imported): and, finally, pure imported. In this schema, the companies examined do not however group neatly according to whether they are JVs or SOEs.     

三峡成库后孤岛时空分布规律及资源特色研究

本文在全面考察三峡成库后孤岛各项实物指标的基础上,针对三峡库区特殊的地理条件和资源环境,分析了三峡成库后孤岛的时空分布规律和资源特色。以期充分利用三峡库区的岛屿资源,进一步推动三峡地区旅游业的发展。     

Do the English Legal Origin Countries have More Dispersed Share Ownership and More Developed Financial Systems?

The essence of the legal origin hypothesis is that a country with an English legal origin provides better investor and creditor protection and experiences greater financial development; financial institutions and stock markets flourish, the general public participate more in financing investment projects of companies and so shareholding is less concentrated. The present paper examines this hypothesis on the basis of a cross‐country study of 85 countries. We find no evidence of more dispersed share ownership in the English law countries than in other countries with different legal origins irrespective of whether we adjust for the existence of transitional economies and less developed countries in the sample. Using three indicators of development of banking and other credit institutions and four indicators of stock market developments, we also find no evidence of more developed financial systems in the English law countries. As expected, there is some evidence of lower financial development in the less developed countries and transitional countries. It is not the English law heritage but the security of persons and goods that appears to explain the cross‐country variations in financial development.     

Market Integration of Fish in Europe

This paper examines market integration between fish species in Europe, taking international market integration into account. Based on Juselius (2006) , market integration is found both on the fresh and frozen markets. The Law of One Price is in force on the fresh market within the segments of flatfish and pelagic fish. Assuming transitivity, a loose form of market integration is identified between 13 fresh and seven frozen fish species, and the relative prices are found fairly stable. The policy implication is that catch limitation measures implemented through the Common Fisheries Policy have limited and conditional effects on prices, because of the large size of the market and varying market integration. Therefore, many fishermen are not ‘compensated’ by price increases as a result of catch limitation measures.     

美国社会保障法评析

自1935年8月14日美国参、众两院通过《社会保障法》以来，美国社会保障法为美国社会带来了繁荣和稳定，其积极面在于：（1）把社会保障作为促进经济发展的动力；（2）维护整个社会的政治稳定；（3）以失业保障为基础和重点；（4）强调教育培训在社会保障中的作用；（5）带动了第三产业的发展。当然，也存在一些问题；（1）社会保障使政府财政负担沉重；（2）社会保障经费管理混乱；（3）家庭伦理关系淡漠；（4）仍有一定的局限性。     

法的规范性与现代企业

本文着重从法与现代企业关系角度 ,论述了法的规范性对企业生产经营行为 ,以及保障企业和社会、公民的经济利益等方面的约束及保护。全文共分五个部分 ,分别对公司法、合同法、产品质量法、商标法和反不正当竞争法在企业发展中的规范作用 ,从不同角度进行了阐述。