物业管理立法的困境与路径

法学界长期对于社区治理问题比较忽视,仅有的一些研究成果集中于从民法角度研究物业管理中个别制度、概念的理论问题,长期争鸣而无定论,却忽视了整个物业管理的立法问题。由于缺乏完善的物业管理法律制度体系,物业矛盾化解缺乏充分的法治基础,许多问题无法可依,导致物业矛盾难以化解。目前,我国的物业管理立法面临许多困境,主要是行政主导立法与业主自治原则相冲突,全国性立法或缺或简,地方立法杂乱不足,以管理规约为代表的软法在小区治理中没有起到应有的作用等。未来的小区治理需要科学的物业管理立法,要做到坚持人大主导立法,构建"中央—地方—民间规范"的物业法律体系,鼓励业主参与立法,激发社会规范活力等。     

Ngo-Business Partnerships

The rapidly changing external environment is having major implications for the role of NGOs, their sources of funding, the nature of their relationships and their activities Globalization, the Increasingly multinational nature of business and electronic communication, has caused a parallel reduction in the powers of the nation state to affect development and a rise in the powers of the business community NGOs need to engage with the private sector in new ways. INTRAC's own ongoing monitoring of the NGO sector suggests that an analysis of these issues would be of great value to NGOs and the private sector as they grapple with possible new modes of engagement in their quest to have a positive impact on justice, peace and poverty alleviation.

Relations have moved beyond the purely philanthropic, with corporations giving money to good causes, and the highly antagonistic, with organizations protesting a company's operations, to a situation where the two sectors often work in partnership to address core business issues such as environmental management, product development and ethical sourcing.There has been an explosion in these forms of partnership between business and NGOs. This raises many issues for strategies and tactics to be followed by NGO management. As such this research is of key strategic importance to NGOs and the private sector.     

Does partnership at work increase trust? An analysis based on the 2004 Workplace Employment Relations Survey

In the late 1990s, partnership at work was embraced with some enthusiasm by a number of stakeholders in employment relations and incorporated in the 1999 Employment Relations Act. The implementation of the Information and Consultation Regulations has also been extensively signalled. We might therefore expect to see some evidence of partnership‐related practices in Britain. The 2004 Workplace Employment Relations Survey (WERS 2004) provides an opportunity to explore the extent of partnership practice, and also, for the first time, to explore its link to trust relations. This article reports evidence from WERS 2004 suggesting that partnership practice remains relatively undeveloped and that it is only weakly related to trust between management and employee representatives and to employees’ trust in management. Direct forms of participation generally have a more positive association with trust than representative forms. There is also modest evidence that trust may be associated with certain workplace outcomes. The case for partnership and more particularly representative partnership as a basis for mutuality and trust is not supported by this evidence.     

Does labor–management partnership deprive union members of activism toward their unions? Evidence from union members in Korea

This study aims to analyze whether partnership ideology really deprives union members of the willingness and passion to act for their union, resulting in union decline, and whether militant unionism, which includes adversarial ideology against employers is more effective for igniting members' activism for their unions rather than labor–management partnership. The survey data were obtained from union members working in Mechanical and Metal Manufacturers Complex, Changwon, Republic of Korea. Judging from the overall results of the data analysis, Kelly's (1996) claim that moderate unionism based on partnership ideology would undermine members' activism for their unions was not supported; on the contrary, partnership ideology had positive effects on both members' activism for their unions and decision-making practices. The difference between partnership and militancy is that militancy had an intensive effect on the narrow focus of union activities, but the impact of partnership achieved a better balance between participation in union activities and in management decision making.     

社会工作在基层治理专业化中的角色与功能

近年来,我国对居民社区建设的重视度不断提升,社区公共服务团队也在不断壮大,在国家政策的实施以及广大社区管理中,社区管理机构发挥着十分关键的作用。随着城乡居民生活水平的不断提升,传统的管理模式与基层治理手段已经落后,难以满足社区发展与民众生活的多元化以及专业化需求,因此,在社区治理中,融入专业性社会工作已经成为大势所趋。论文结合社会工作参与乡村振兴建设战略所进行的一系列工作,探究社会工作在基层治理专业化道路上扮演的角色,指出社会工作在基层治理专业化中的功能,阐明当前社区治理中的问题,探索促进基层社区治理可持续发展的道路。     

走向三方合作的伙伴关系:西方城市更新政策的演变及其对中国的启示

西方城市更新政策经历了从1970年代政府主导、具有福利主义色彩的内城更新,到1980年代市场主导、公私伙伴关系为特色的城市更新,向1990年代以公、私、社区三向伙伴关系为导向的多目标综合性城市更机关报转变.一个内涵更加多元化的城市更新现念,以及一个以多方伙伴关系为取向、更加注重社区参与和社会公平的城市更新管治模式,正代表着城市更新政策的新路向.这对我国制定城市更新政策有重要启示,包括:要提高对城市更机关报多维本质的认知,加强社区民众参与,建立以人为本的城市更新制度,以及强化政府在城市更新中的协调、引导和促进功能,等.     

Equality and diversity in the public services: moving forward on lesbian,gay and bisexual equality?

A key change for lesbian, gay and bisexual (LGB) people in the European Union has been the prohibition by the Employment Equality Directive (2000) of discrimination in employment on grounds of sexual orientation. This article focuses on the UK, which in 2003 introduced legislation making it unlawful to discriminate on these grounds. It explores the factors encouraging ‘good practice’ in sexual orientation equality work. It considers progress within the public services that have ‘pioneered’ sexual orientation equalities work, drawing on the views of LGB employees, management and trade union stakeholders. The recent legislation is considered to have provided a major impetus for change; however, an emerging ‘business case’ within the public service modernisation agenda is considered to have provided both opportunities and barriers to progress. A challenge for HR practitioners is getting organisational commitment to sexual orientation work, which is still perceived within organisations as a ‘sensitive’ area.     

Community leadership cycles and the consolidation of neighbourhood coalitions in the new local governance

The success of the new patterns of local governance depends on engaging communities in a range of partnerships at various geographic scales and administrative levels. In practice, this usually falls to a handful of community leaders in any given locality. Our research on area regeneration partnerships in the UK reveals a community leadership cycle, which proceeds through five phases. The first phase consists of the emergence of a first generation of leaders early on in a partnership, in the second phase their position in the partnership is consolidated and loyalty to the partnership developed, followed by a third phase of the cultivation of a second generation of leaders. Then comes a fourth phase in which the new generation of leaders raise their voices to challenge the established patterns of representation in the partnership. In the final phase, individual leaders exit from the partnership. This community leadership cycle is part of building multi-sector leadership coalitions in the neighbourhoods through strategies combining loyalty, voice and exit.     

Critical incidents of partnership: five years' experience at NatBank

Despite a rich partnership literature in the UK, relatively little is known about the processes of decision making under partnership regimes. This study examines the first five years of a high‐profile agreement in a British retail bank. Inspired by critical incident technique, this article explores the way key issues such as globalisation, offshoring, and work organisation were handled and decisions were made. It is argued that one cannot fully understand the outcomes without exploring both the context and process in detail. Benefits for management, unions and employees are also explored, and some of the main challenges to partnership are considered. The article suggests that partnership requires a clear understanding of the purpose and the rules of engagement, and highlights a possible gulf between academic and actor expectations. It also highlights the importance of exploring the partnership processes and reveals evidence of the dialogue exerting a moderating effect over decision making, with management, union, and employee actors all in favour of the collaborative partnership approach.     

Resisting the 'Long‐Arm' of the State? Spheres of Capture and Opportunities for Autonomy in Community Governance

Efforts to promote community empowerment within regeneration management have been persistently critiqued. Particular concern regards the potential capture of civic organizations into the sphere of influence of more powerful governance stakeholders, leaving communities marginalized and frustrated. Although such ‘capture’ is a discernible threat, this article presents a more nuanced perspective demonstrating the scope for community‐based organizations to dissent from seemingly inexorable regimes of power. The article details a series of tensions that emerged across the evolution of a community‐led regeneration partnership. It then outlines how civil society organizations challenge ‘partnership orthodoxies’, seeking autonomy albeit nested within—and relative to—formal bureaucratic and administrative regimes. Community partners can therefore assume a hybridity of capture and autonomy—or a mutuality—that is rarely acknowledged by accounts that critique regeneration governance.     

加强铁路营业线施工安全管理和控制的思考

近年来,随着铁路局营业线施工任务量增多,在铁路营业线施工过程中安全事故的发生概率随之提升,这不仅会导致铁路行车不稳定,增加安全事故发生的概率,还会威胁乘客的生命财产安全。所以在铁路营业线施工过程中加强安全管理与控制,成为铁路运输安全管理工作当中的重要内容。因此,论文对铁路营业线施工过程中存在的突出安全问题进行探讨,并提出相关解决对策。     

Employee representation and partnership in the non‐union sector: a paradox of intention?

Non‐union forms of employee representation have become increasingly prominent in UK workplaces in the last 15 years. In addition, partnership working has been encouraged by New Labour, the Chartered Institute of Personnel and Development, the Confederation of British Industry and the TUC as a route to higher commitment and higher individual and organisational performance. These trends have been further encouraged by recent European Union legislation. This article seeks to examine the implied linkages between non‐union employee representative mechanisms and partnership working and their influence on the effectiveness of employee voice as a conduit of high performance. The article is based on a case study organisation from within the UK finance sector, and data are drawn from semi‐structured interviews with managers and staff and a survey of employee attitudes. The article concludes that employers’ attempts to utilise a non‐union partnership framework for organisational gain are severely constrained by structural limitations on effective employee voice.     

Job regulation and the managerial challenge to trade unions: evidence from two union membership surveys

Data from a survey of union activists in twelve unions, and from a survey of members of the Communication Workers Union, are used to argue that changes in labour management and work organisation do not provide scope for social partnership at work, but do represent new difficulties for collective representation.     

在尼日利亚做好项目安全生产管理工作的几点体会

工程项目是施工企业效益的源泉、信誉的窗口。施工企业管理的重心是项目管理,而工程项目管理尤以安全质量管理为重中之重。尼日利亚子公司作为川铁国际公司属地化经营试点单位,主要从事工程承包,目前工程涉及公路、桥梁、房建、市政工程等领域。子公司一直把安全生产管理作为工作的重中之重,把安全生产放在最为突出的位置,确保生产安全和交通安全。尼日利亚子公司自成立以来,安全生产一直处于有序可控状态,至今未发生施工安全和交通安全大的事故,赢得了当地政府和百姓的高度称赞。本文结合子公司安全管理情况,谈谈如何做好企业的安全生产工作。     

High‐performance work systems,partnership and the working lives of HR professionals

High performance work systems (HPWS) and workplace partnership have generated immense academic and practitioner interest in recent years, however little is known about how combining them affects the working lives of HR professionals. This represents a significant omission as HR practitioners are closely involved in negotiating, developing and implementing such systems. Utilising the findings of a longitudinal study we demonstrate how a high profile change programme that blended HPWS and partnership reaped mixed consequences for the HR population. We develop the notion of ‘maintenance work’ to describe how practitioners engaged with the formal and informal organisation to facilitate the smooth running of these management systems. Whilst those in senior positions experienced increased job satisfaction, the service providers found work intensified and efforts unrecognised.     

Building integrated workforces across national borders: the case of British and Japanese engineers

Increased competition in the global market and the rapid pace of technological development have led to the proliferation of cross-border partnerships among multinational firms. However, diversity in national backgrounds, management systems and work practices between partner firms can limit the development of robust co-operative relationships and impede the formation of integrated work teams. This study provides a concrete analysis of how the diversity in the technology management systems and work practices between a Japanese and British electronics firm has constrained their collaboration. It examines how the two firms attempt to co-ordinate the work of their engineers and analyses the limitations of their adaptive strategies. The paper argues that mutual adaptation and organizational learning can have only limited effect in accommodating some of the fundamental differences between the partner firms many of which are closely interwoven with diversity in national institutions and societal contexts. It also argues that ‘integration’ and ‘acculturation’ do not really address the full range of the problems. Inter-firm diversity, although conflict-inducing, is also a source of competitive advantage for the partnership. Firms engaged in global collaboration must face the persistent tension between the need to preserve their core strengths and the pressure for global adaptation.     

农村饮水安全存在的问题及解决措施探讨

近年来,广大农村地区的饮水安全问题始终存在不足,也由此受到社会各界的广泛关注。国家早就将切实解决好广大农村安全饮水问题作为基本民生工作提出来。就现阶段而言,农村饮水安全工程建设、管理过程中依然有一定的问题存在,如管理维护机制缺乏等,影响到农村饮水安全目标的整体实现。针对这种情况,相关部门需进一步加大工作力度,持续完善饮水工程管理机制,切实保障农村饮水安全。     

我国城市社区建设中社区参与问题成因及对策探析

社区参与是社区建设的关键环节,在社区发展起着举足轻重的作用.但是我国城市的社区参与存在总体参与率低、参与被动、渠道不畅通等问题,严重制约着社区建设工作的开展.只有增强居民的社区参与意识,完善社区管理体制和相关法律法规,才能进一步促进社区参与,进而实现社区自治的目标.     

Problems with partnership at work: lessons from an Irish case study

This article uses a case study of a celebrated enterprise partnership in Ireland that broke down to get an insight into why such arrangements are hard to sustain. The argument of the article is that meaningful enterprise partnerships require trade unions and management to accept agency costs, which in practice involves management modifying their right to manage and unions accepting that issues normally addressed by the collective bargaining process may have to be delegated to the partnership arrangement. The evidence of the case study is that neither management nor unions were prepared to incur such costs. The case study suggests that the following trinity – meaningful partnership, full-blown collective bargaining and management's right to manage is exceptionally difficult to operate at the same time.