试论我国农村剩余劳动力的迁移聚集与小城镇发展

本文阐述了我国二元经济结构直接向一元结构转变模式的不适用性,分析了影响我国农村剩余劳动力转移的两大因素:土地问题(土地流转制度及土地产权制度改革)和户籍制度问题,并进一步提出了解决问题的新思路。     

论审理医疗纠纷案件对美国法庭“专家证人制度”的借鉴——由中美两个案例比较谈起

近阶段,医疗纠纷冲突凸显,大量的矛盾往往最终汇集到法院。而审理医疗纠纷案件时,法官面临诸多法律困境,尤其是科学证据的采纳问题。分析认为,借鉴美国"专家证人"制度,人民法院应设立"专家辅助人",可以较为有效地解决这些问题。     

Some Notes on Workplace Equality Renewal in the Swedish Labour Market

In 2001, Swedish authorities imposed a new obligation upon all firms with ten or more employees to undertake annual wage surveys, ‘workplace equality audits’ in which it is possible to ascertain, remedy and prevent unwarranted wage differentials and other unfair employment terms between men and women. An important implication of the new system, called ‘workplace equality renewal’ (självsanering), is that, at the level of the firm all Swedish employers must explain what they mean by work of ‘equal value’ as opposed to ‘different value’. This article discusses the practical pros and cons of the new system, and considers how the surveys can be used in research into the present state of gendered work division. A main finding is that the introduction of this new legislation in the long run might change the Swedish industrial relations system as well as the preconditions for many companies’ human resource management policies. Yet, neither the governmental agencies involved nor the parties’ confederate organizations have been able to clarify what the issue is really about to the single, small business employer or to the local trade union branches. Many employers find any interference, whatever it may be, threatening and trade unions have not realized the potentialities of the system from an employee perspective, potentialities connected to the fact that companies are now more or less forced to make transparent their wage policies at large.     

税务信息管理权与保护权的冲突与平衡

实践中税务机关与纳税人在信息采集、保有及使用方面存在激烈冲突。究其原因在于公权力与私权利冲突具有必然性、税务信息的权利（力）边界不明且经济性日益凸显及税务机关信息管理的责任机制不健全。借鉴域外经验,中国税务机关信息管理权与纳税人信息保护权的平衡之道在于限制公权力并进一步保障私权利,坚持税收法定、个人权利保护及狭义比例等原则。具体而言,需明确税务机关信息管理权与纳税人信息保护权的范围,构建税务信息分层管理机制,严格化税务机关信息管理的程序,完善纳税人信息的争端解决机制与违法取用纳税人信息的责任机制并加强对税务机关信息管理权的监督,促进税务信息领域的公权力与私权利从冲突中走向平衡。     

行政诉讼履行法定职责实体判决论——以“尹荷玲案”为核心

“司法审查有限原则”是行政诉讼法的基本原则,这导致了“履行法定职责实体判决”存在争议。“尹荷玲案”不但证成了履行法定职责实体判决存在的正当性,而且明确了该判决适用的“双阶要件”,即“理由具备、事实清楚、法律规定明确”的一般要件,与“法效果唯一性”的特别要件。其中“法效果唯一性”分为两种情况:一是羁束行政行为,二是行政裁量收缩为零,这恰与《行政诉讼法》修改后“给付判决”与“履行判决”的规定相契合。纵观司法实践,重做判决、履行判决、给付判决形成了“程序性判决—提示性判决—履行法定职责实体判决”3种判决方式,体现了三者功能的相似性。作为实质化解争议的履行法定职责实体判决,也彰显了司法推动制度发展的功能。     

The labour market flexibility debate in India: Re‐examining the case for signing voluntary contracts

A major focus of India's ongoing policy debate over labour market flexibilization has been the statutory requirement that firms employing 100 or more workers cannot dismiss employees without prior government permission. The case for repealing that requirement (or greatly increasing the workforce threshold) is notably underpinned by Basu, Fields and Debgupta (2009). Here, the author challenges their particular theoretical argument for hiring and firing at will based on the voluntary signing of contracts, demonstrating that their general policy conclusion is logically unsustainable even within the framework of that model. The case for labour market flexibilization through voluntary contracting thus remains unfounded.     

Thank God you're here: the coming generation and their role in future‐proofing Australia from the challenges of population ageing

Like much of the industrialised world, Australia's population is ageing, the implications of which are twofold: increasing demand for publicly funded services and a decline in the supply of prime working‐age people. In grappling with the challenges of a diminishing workforce, the Australian Government is currently relying on its migration programs to provide both the much‐needed labour and skills for the resource boom and also to stimulate the economy through population growth. However, there may be another, not yet fully considered solution to the upcoming demographic problem. This paper investigates how the grandchildren of the baby boomers, termed here the Thank God You're Here generation (Gen TGYH), might impact on Australia's predicted workforce shortage. This generation of workers will enter the labour force as the last of the baby boomers reach retirement age, and will not only be bigger in size than preceding generations (Y, X and Baby Boomers), but also potentially be better educated than the retiring generation. This paper will also canvas the opportunities for both Gen TGYH and employers as well as the challenges for policymakers and governments in maximising the opportunity provided by this generation in the Australian economy.     

Cash Transfers and Children's Education and Labour among Malawi's Poor

This article examines the impact on children's education and labour of monthly cash grants targeted on ultra‐poor households and designed to reduce poverty and enable families to invest in human development. It conducts a randomised community trial, with baseline and endline surveys of intervention and control households; verifies school enrolment; and completes key‐informant interviews and focus‐group discussions. Compared with non‐beneficiaries, intervention children experienced a 5 percentage point difference in enrolment, higher educational expenditures, fewer absences, and a 10 percentage point decrease in labour outside the home. Qualitative data confirm the quantitative findings. Transfers to poor households had a positive impact. However, the Malawian educational system needs to be improved for short‐term impacts to lead to long‐term development in human capital.     

Global employment and decent jobs, 2010–2030: The forces of demography and automation

Globally, an estimated 734 million jobs will be required between 2010 and 2030 to accommodate recent and ongoing demographic shifts, account for plausible changes in labour force participation rates, and achieve target unemployment rates of at or below 4 per cent for adults and at or below 8 per cent for youth. The facts that most new jobs will be required in countries where “decent” jobs are less prevalent and workers in many occupations are increasingly subject to risks of automation further compound the challenge of job creation, which is already quite sizable in historical perspective. Failure to create the jobs that are needed through 2030 would put currently operative social security systems under pressure and undermine efforts to guarantee the national social protection floors enshrined in the Sustainable Development Goals (SDGs).     

Marriage and gender inequality: work–family arrangements of Portuguese and British highly qualified women

This article examines work–family reconciliation processes in order to understand if, over the course of marital life, women become socially closer or further away from their partner. Drawing on work–life interviews with highly qualified women in Portugal and Britain, we compare these processes in two societies with different historical and social backgrounds. Findings reveal three main configurations of social (in)equality which emerge during married life: growing inequality in favour of the man, in favour of the woman or equality between spouses. With due attention to the importance of national specific factors, we present three main conclusions. First, (in) equality is built up over the course of marital life and female strategies for reconciling family and work are at the core of this process. Second, the national specificities can mould the effects of cross-national gender mechanisms. Third, the intersection between cross-cultural phenomena such as conservative attitudes towards domestic work and national specificities (such as the availability of part-time options) is a rather complex process which needs further research.