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请你以“也谈立法禁止‘垄断福利”为标题,写一篇文章,谈谈你的看法。要求:观点明确,分析具体,条理清楚,语言流畅,字数在1000~1200字。

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参考答案:
也谈立法禁止“垄断福利”
“垄断福利”危害很大,不仅损害了垄断行业的形象,而且,也加剧了社会分配不公,妨碍了社会的发展,为世人所诟病。皖、冀两省对“垄断福利”的立法禁止,开启了以法律手段终结垄断行业员工享受“免费午餐”特权的进程。在垄断一时难以破除的现实条件下,针对“垄断福利”的禁止性法律措施,如果能够形成比较完善、有力的规范体系,并得到切实有效的执行,相对于道德批判与行政强制来说,更能取得实效。如何为“垄断福利”立法为了切实有效的“终结”“垄断福利”,建议立法应注意以下这些方面。
首先,禁止“垄断福利”的法律应由全国人大来制定为宜。皖、冀两省人大对“垄断福利”的叫停,只局限于电、煤气、天然气、煤等行业,而没有针对全部垄断行业。这背后的原因就在于当前的垄断行业中,铁路、民航、金融、邮政、电信、烟草等行业基本上都是实行上级业务主管部门与地方政府双重管理,以上级业务主管部门管理为主的体制。这种管理体制下,不仅地方人大、政府对这些垄断企业的约束、监管十分有限,而且因其掌握着一些事关当地发展的重要资源,并可能影响地方争取项目、资金,地方甚至不敢得罪他们。因此,只有全国人大来制定禁止“垄断福利”的全国性法律,才能对所有垄断行业产生实际约束力。
其次,应当把“垄断福利”定性为私分国有资产的违法行为进行处罚。“垄断福利”绝不仅仅是违背财经纪律的变相滥发福科的违纪行为,而是一种私分国有资产的违法行为。因为垄断行业的企业基本都是由中央或地方政府出资兴办的国有企业,其所提供的产品、所赚取的利润均属于国有资产。让垄断企业员工免费享受这些产品,实际就是违背国家有关国企工资福利法规政策,将本企业所掌握的国有资产私分给员工,从而造成了国有资产的流失,并形成了一种以单位名义中饱私囊的群众性违法行为。所以,应当以私分国有资产的罪名追究有关企业负责人的法律责任,而不能仅仅只罚单位,不惩处负责人。
第三,立法禁止“垄断福利”要与限定垄断企业员工的工资水平同步进行。面对立法禁止“垄断福利”,一些垄断企业有可能采取货币补助形式变相地继续推行“垄断福利”。应当根据各地的社会平均工资水平,制定垄断行业员工工资水平的上限。此外,还要规定垄断企业员工工资的涨幅不应当超过社会平均工资的涨幅,亏损的垄断企业不得给员工涨工资。负责国企工资管理的国资委,也应当与劳动部门密切配合,做好垄断行业的限薪工作。这样,才能防止出现“按下葫芦浮起瓢”的情况。
从社会发展的长远角度来看,我们要建设社会主义的法制文明,禁止“垄断福利”就应该被纳入法制轨道;接下来,怎样立法,立什么样的法显得尤为重要。相信,只要我们做实、做牢立法工作,“垄断福利”必将“走”不远矣!

解答题
单项选择题

A study released a little over a week ago, which found that eldest children end up, on average, with slightly higher IQ’s than younger siblings, was a reminder that the fight for self-definition starts much earlier than freshman year. Families, whatever the relative intelligence of their members, often treat the firstborn as if he or she were the most academic, and the younger siblings fill in other niches: the wild one, the flirt.

These imposed caricatures, in combination with the other labels that accumulate from the sandbox through adolescence, can seem over time like a miserable entourage of identities that can be silenced only with hours of therapy. But there’s another way to see these alternate identities: as challenges that can sharpen psychological skills. In a country where reinvention is considered a birthright, many people seem to treat old identities the way Houdini treated padlocked boxes: something to wriggle free from, before being dragged down. And psychological research suggests that this ability can be a sign of mental resilience, of taking control of your own story rather than being trapped by it.

The late-night bull sessions in college or at backyard barbecues are at some level like out-of-body experiences, allowing a re-coloring of past experience to connect with new acquaintances. A more obvious outlet to expand identity—and one that’s available to those who have not or cannot escape the family and community where they’re known and labeled—is the Internet. Admittedly, a lot of the role-playing on the Internet can have a deviant quality. But researchers have found that many people who play life-simulation games, for example, set up the kind of families they would like to have had, even script alternate versions of their own role in the family or in a peer group.

Decades ago the psychologist Erik Erickson conceived of middle age as a stage of life defined by a tension between stagnation and generativity-a healthy sense of guiding and nourishing the next generation, of helping the community. Ina series of studies, the Northwestern psychologist Dan P. McAdams has found that adults in their 40s and 50s whose lives show this generous quality—who often volunteer, who have a sense of accomplishment—tell very similar stories about how they came to be who they are. Whether they grew up in rural poverty or with views of Central Park, they told their life stories as series of redemptive lessons. When they failed a grade, they found a wonderful tutor, and later made the honor roll; when fired From a good job, they were forced to start their own business.

This similarity in narrative constructions most likely reflects some agency, a willful reshaping and re-imagining of the past that informs the present. These are people who, whether pegged as nerds or rebels or plodders, have taken control of the stories that form their identities.

In conversation, people are often willing to hand out thumbnail descriptions of themselves:" I’m kind of a hermit." Or a talker, a practical joker, a striver, a snob, a morning person. But they are more likely to wince when someone else describes them so authoritatively.

Maybe that’s because they have come too far, shaken off enough old labels already. Like escape artists with a lifetime’s experience slipping through chains, they don’t want or need any additional work. Because while most people can leave their family niches, schoolyard nicknames and high school reputations behind, they don’t ever entirely forget them.

A recent study shows that()

A. the firstborns and younger siblings are often treated differently

B. higher IQ holders in a family are always the eldest

C. the firstborns in a family often become more academic

D. the younger siblings are more likely to be ill-treated