深入贯彻<<劳动法>>切实保障劳动者合法权益

【正】 《中华人民共和国劳动法》从1995年1月1日起,至今已经实施五周年了。五年来,通过深入宣传和组织实施,《劳动法》已经深入人心,得到了较好的贯彻落实。《劳动法》是调整劳动关系。

On the Employment Structure and Transfer Characteristics of Rural Laborers in He'nan Province

He’nan is a populous province in China, in which a large number of rural laborers are one of the important factors affecting social and economic development of He’nan Province. However, the employment structure and transfer characteristics of rural laborers have important effect on regional industrial structure. Applying shiftshare method（ SSM） which is often used in analyzing the characteristics of industrial structure to the structure analysis of the labour force can better show the characteristics of labor employment and transfer, thereby providing some reference for the development of regional social economy. The results showed that the transfer of rural laborers in He’nan Province still showed the typical characteristics of traditional agricultural province; the basic advantages of agricultural employment of rural laborers have gradually weakened, while the competitive advantages of the industry, the building industry, and the wholesale ＆ retail trade and catering service industry gradually became obvious, at the same time, there were differences in the deviation of departments among different regions of He’nan Province.

Liberals, Communitarians, Republicans and the Intervention of the State in the Private Sphere

The aim of this paper is to discuss whether the increasing intervention of the state in the private sphere-as is evidenced in labor laws, consumer rights, bioethics, and Internet crimes-is compatible with the liberal ideal of neutrality, or, on the contrary, whether it can be seen as a turning point towards the position of communitarian or republican authors, for whom the state must endorse a substantive good. Such a turning point could lead to a reformulation of the public and private spheres, and of course, raise questions over which values justify which kinds of intervention. This paper will cover these debates in three parts： First, by presenting briefly the history of the liberal conception of rights, I will try to show that, from a starting point based mostly on individual protection, the liberal tradition has become more interventionist, which can be seen through the notion of ＂claim rights.＂ Departing from John Rawls＇s work, I will argue that this notion allows for some level of intervention, without betraying liberal neutrality. Subsequently, I will discuss the difference between this kind of intervention and the ones proclaimed by communitarians and republicans authors： The former will be illustrated by Michael Sandel＇s criticism of Rawls in Liberalism and the Limits of Justice, and the later by Richard Dagger＇s position in Civic Virtues, Citizenship, and Republican Liberalism. Finally, in the third part, we＇ll discuss whether liberal principles can be harmonized with the republican and communitarian focus on civic virtues and good life.

The Journalist as ＂Audience＂ and ＂Worker＂： Results of Empirical Research With Freelance Journalists of S^o Paulo

This article presents the results of empirical research with freelance journalists from the city of Sao Paulo, involving quantitative and qualitative research methods and the theoretical-methodological from the Reception Studies and Ergology. It is a theoretical and empirical approach, whose developments have been used by the Communication and Work Research Group of Communications and Arts School--University of SAo Paulo, Brazil. The reception from the world of work shows how changes in the labor act concretely in daily life subjectively and how they manifest in the sphere of cultural consumption. The research shows how, from the reception, the journalists reveal from which place they talk about the world, the society, and their own work. The reception is revealed as the moment par excellence ＂to talk about work＂. When talking about the other＇s work, the journalists are confronted with their own work and reveal, in their discourse, values and dramas of real activity of communication and work.

Labour Force and Its Realization in Labour Relationships

The personal rights are the institute of civil law. They are the subject of legal regulation in Provisions § 11 and follows of Slovak Civil Code. Current legal regulation does not offer their definition, only enumeration. Therefore, this situation makes good area for discovering if there are the next personal rights which have characteristic nature of this institute. It is important to analyze in which private relationships the personal right has the conditions for its full realization. It is important to discover in which kind of private relationships exist the personal rights which is typical for these relationships. This paper deals with the value of human personality--labour force. In the first part, the paper analyzes the nature of labour force and tries to show that labour force is the next personal right, using the method of analysis, induction, deduction, and synthesis. In the second part of the paper, it is labour force analyzed through its realization in labour relationships. This part of the paper tries to show that labour force is personal right typical for labour relationships, using the methods of analysis, synthesis, and generalization. The third part of the paper tries to evoke the discussion if the labour force is right or value.

The problems and Improvement Suggestions of Labor Dispatch in China

the amendment of ＂Labor Contract Law＂ ＂and the ＂＂ Provisional Regulation of Labor Dispatch ＂ promote file labor dispatch system foe＇using on ＂equal pay tbr equal work ＂＂ aald ＂three natures＂ and so on in 2013 to promote the establishment of a modern system of labor contract. However. there are still many deficiencies of the relevant provisions and need to perfect it. As a result, the article studies the system of labor dispatch and points oul the problems of the labor dispatch from the background and the stattts and the new rules, and puts forward suggestions for the improvement ot the system of labor dispatch. Hope the labor dispatch system can maintain the interests of the three parties and have a more rapid development in our country.

Industrial Spatial Agglomeration Using Distance-based Approach in Beijing, China

To study the difference of industrial location among different industries, this article is to test the spatial agglomeration across industries and firm sizes at the city level. Our research bases on a unique plant-level data set of Beijing and employs a distance-based approach, which considers space as continuous. Unlike previous studies, we set two sets of references for service and manufacturing industries respectively to adapt to the investigation in the intra-urban area. Comparing among eight types of industries and different firm sizes, we find that： 1） producer service, high-tech industries and labor-intensive manufacturing industries are more likely to cluster, whereas personal service and capital-intensive industries tend to be randomly dispersed in Beijing; 2） the spillover of the co-location of finns is more important to knowledge-intensive industries and has more significant impact on their allocation than business-oriented services in the intra-urban area; 3） the spatial agglomeration of service industries are driven by larger establishments, whereas manufac- turing industries are mixed.

Recovery Methods for Athletes＇ Intensive Training and Competition Fatigue

After athletes＇ intensive training and competition, they would suffer from fatigue. Therefore, the measures to recover their motor and nervous systems from the fatigue are very important. In this research, this author tries to investigate the methods to recover one＇ s joints and relax one＇ s nervous system, and detailed methods would also be provided for reference. Objective conditions, like sports fields and equipment, have become relatively satisfactory. There are high-level coaches and athletes who are carefully and scientifically chosen, so that good athletic performance is well guaranteed. To improve sports teams＇ comprehensive sports skills, we have to adopt and grasp some advanced training methods and skills. But after intensive training and fierce competition, athletes＇ motor and nervous system would suffer from fatigue, therefore, it becomes necessary for them to grasp the methods of recovery. In this research, this author tries to investigate the mechanism and methods to recover athletes＇ joints from the fatigue and relax their nervous system.

Measurement of Surplus Labor in Viet Nam Agriculture

The large shift of surplus labor from agriculture to industry and services is seen in many countries around the world as well as in Vietnam in the process of industrialization and modernization of the country that has set questions about the sustainability of rural surplus labor： is there still a source of surplus labor in rural areas？ If so, how large is the source of surplus labor and how long it can be lasting？ These questions were hotly debated in the literature abroad. But in Vietnam there is very little or hardly exchanged opinions about the concepts and methods of measurement of surplus labor in general and surplus labor in agriculture in particular. This article refers to the measurement approach of surplus labor in agriculture in Vietnam.

Employment Effects of Minimum Wage Regulation and Cross Effect of the Employment Contracts Law

Non-linear programming analysis suggests that employment effects of minimum wage regulation are the result not only of the regulation itself but also of the external regulatory environment. At a certain level, the regulatory environment intensifies the effect on employment of minimum wage regulation. Empirical studies based on survey data from 439 enterprises in Guangdong and Fujian show that minimum wage rises had a greater impact on the employment of rural migrant workers in 2008 than in 2007, although no significant change was observed among workers who were permanent urban residents. Further analysis shows that the greater impact on migrant workers derives mainly from the strengthened regulatory environment brought about by the Employment Contracts Law. The permanent urban workforce has not been similarly affected because their interests have been given priority under the dual employment system. This reminds us that the employment effects of the Employment Contracts Law may be realized indirectly through other regulatory measures, including strengthened minimum wage regulation.

The Changing Mode of Legal Regulation of Labor Relations in China

At present, Chinese labor relations operate under a unitary model of legal regulation in which labor law is applied to workers ＂as a whole, with everyone treated equally.＂ This causes a number of problems. In reality, due to constantly changing modes of employment and the flexibility of workers＇ ＂affiliation,＂ forms of employment are highly diverse. In addition to regular employees, there are also ＂quasi-employees＂ （employee-like persons） whose affiliation is quite weak, and other special employees. This necessitates the updating of the legislative thinking behind labor laws, While holding fast to the assumption that workers are a vulnerable group, we should review the differences between different types of employee and draw up the corresponding regulations on the basis of specific situations. Where legislative technique is concerned, we should do away with the traditional one-size- fits-all legislative model in favor of a dedicated model that targets particular types of subject and particular circumstances. We should abandon the traditional old-fashioned model in which ＂all labor law provisions apply＂ or ＂no labor law provisions apply＂ and categorize employees in such a way as to provide special rules for quasi-employees, special employees and employees of special employers. The legal regulation of labor relations should be based on categorization and differential treatment.

The Internal Labor Market and the Transformation of Labor Relations in China:Based on Survey Data and Fieldwork on Migrant Workers in the Pearl River Delta

Our survey data on migrant workers in the Pearl River Delta region from 2006 to 2010 and recent fieldwork show that the enactment of the Labor Contract Law encouraged both the signing of labor contracts and the long-term nature of these contracts, making enterprises more willing to increase investment in human capital, increase employee insurance and welfare and give more attention to human-centered management, leading eventually to the establishment of an internal labor market that incorporates migrant workers. This is accompanied by progress in human resources management techniques and strategies in SMEs and private enterprise. Although the Labor Contract Law to some extent intensified the tendency for migrant workers to undertake collective protection of their rights, the establishment of an internal labor market could also ease the tension between labor and capital and lead to employees becoming more rational and prudent in safeguarding their rights, thereby providing a basis for a transition from confrontation to win-win cooperation between labor and capital. The Labor Contract Law has accelerated and strengthened the trend of individualized development in China’s labor relations. The protection of labor rights through the two channels of the 'rigid' legal system and 'flexible' internal management can help reduce the risk of large-scale collective labor disputes and establish a relatively harmonious institutionalized labor relationship.

The Roles Played by the Staff and Workers' Representative Congress in the Formation of Work Regulations

Article 4 of the Labor Contract Law lays down the right of the Staff and Workers＇ Representative Congress （SWRC） to deliberate on the formulation of （intra-enterprise） work regulations, but this has become a ＂soft＂ law in judicial practice. The judicial criteria for judging the validity of work regulations are in essence determined by the judge＇s judgment on their reasonableness. As an important embodiment of Chinese politics, economics and culture, the transformation of the SWRC that accompanied the market economy has not negated its value as an indigenous traditional resource. The SWRC does not just enjoy deliberative rights in the formation of regulations, as clearly specified in constitutional law, but also has rights under the law in local legislation and practice. Hence the system of work regulations is neither a unilateral decision on the part of management nor a contract, but rather an autonomous norm developed through the SWRC mechanism. Given the mandatory nature of Article 4 of the Labor Contract Law, regulations will only be valid after they havegone through a democratic process. The further development of the theory of normative system formation should endow the SWRC with greater rights and integrate it smoothly with the collective contract system to standardize collective labor relations.

On the Value Reconstruction and System Innovation of the Labor Contract Law

Since its very release in March 2006, the opinion-soliciting draft of the Labor Contract Law has sparked considerable controversy. Indeed, the whole process of its consideration, promulgation, implementation and amendment has been accompanied by complex questioning and a diversity of views. This has to some extent reduced appreciation of the value of the Labor Contract Law itself. In the economy and society, rational legal construction can minimize the damage done by the failure of private negotiations. The Labor Contract Law is dedicated to changing the action space of workers and enterprises in order to promote efficiency in production and equity in distribution. With the aim of constructing and developing harmonious and stable labor relations, the law seeks to encourage workers and enterprises to forge communities of shared interests, shared undertakings, a common destiny and a joint mission; it is here that the true value of the law lies. In terms of institutional design, in building a system that categorizes workplace employment, the Labor Contract Law makes a breakthrough in workplace labor relations management and sets up an innovative labor relations management system with Chinese characteristics. Faced with the new normal in labor relations, we should make further progress in strengthening democraticenterprise management, optimizing the developmental environment of business, etc.

Research Progress in Sports Fatigue Prevented and Treated by Acupuncture

Objective： To analyze the literature on clinical and experimental studies of sports fatigues treated and prevented by acupuncture therapy and understand the current status about acupuncture therapy for eliminating sports fatigue. Method： By the method to analyze the literature, the literature on treatment of sports fatigue in the recent 20 years was summarized and analyzed. Results and Conclusion： Acupuncture therapy is able to eliminate free radicals, resist lipid peroxidation, prevent dysfunction of the motor hypothalamus-pituitary-gonadal axis, reduce the creatine kinase content, and lower lactic acid concentration, so as to play an important role in the elimination of sports fatigue and improvement of athletic ability of the body. But, traditional acupuncture therapy will cause minor injury to the human body, it is necessary to popularize the painless acupuncture therapy, and explore the functional mechanism of acupuncture therapy in the treatment and prevention of sport fatigue by multiple channels in the future.

The Labor Law and the Preferential Treatment for Small Businesses

Tens of millions of small businesses, including countless individually run businesses, are operating in China. Hampered by their scale and limited job creation capacity, China＇s small businesses need a more flexible approach to employment. In fact, their small size and their lack of technical expertise and standardized management mean that these small businesses find it hard to operate in strict compliance with labor laws in the way larger businesses do. Some other countries and regions tend to give preferential treatment to small businesses, exempting them from some of the provisions of labor law. China could consider changing the ＂one size fits all＂ provisions of its labor law to give preferential treatment to small businesses with regard to terminating employment contracts, drawing up regulations, signing contracts, and anti-discrimination in employment requirements.

The Institutional Construction of Collective Contracts under the Labor Contract Law: Dilemma and Solution

The Labor Contract Law classifies collective contracts as special labor contracts, ignoring the fundamental differences between collective contracts and labor contracts. This has plunged it into jurisprudential obstacles and institutional difficulties. In terms of the main entities, efficacy, dispute settlement mechanisms, etc. collective contracts have their own institutional characteristics. They should be incorporated into the legislative framework for collective labor relations in future legislation, and should link up with trade unions, collective consultation and collective dispute settlement to form a complete system of collective labor law.