Individual Dismissals in Europe and the United States: A Model on the Influence of the Legal Framework on Firing Costs

In this article, we present a model of individual dismissals based on the workers' right to file a suit against their employer arguing that the dismissal is unjustified or unfair. The model is a standard pre-trial bargaining game between a firm and a worker. We study two cases: when the law states the severance pay for unfair dismissal (the European case), and when judges can decide freely on the compensation to be paid to the worker (the American case). The model provides some guidelines for Labour Law reforms. In the European case, a decrease in the severance pay for unfair dismissals fixed by law will decrease the severance pay offered by the firm, and only under some assumptions will decrease the expected firing cost and will increase the settlement probability. In addition, the transition from the European to the American case is likely to increase the probability of settlement (and to decrease it in the opposite case) with ambiguous effects on agreed severance pay and expected firing costs.     

再论八大前后毛泽东对我国社会主要矛盾的思考——从王光美对一则有关八大史实的回忆谈起

本文以王光美对一则有关八大史实的回忆作为立足点,重新探讨了八大前后毛泽东对我国社会主要矛盾的认识脉络,认为毛泽东自始就不同意八大政治决议关于我国社会主要矛盾的观点,但由于理论和历史条件的限制,他不可能在八大政治决议通过前重新把阶级斗争确立为我国社会的主要矛盾.八大结束后,随着国际、国内形势的发展,毛泽东逐步在理论上提出"政治和思想战线上的社会主义革命"和"修正主义比教条主义更有害"的观点,经过1957年整风反右的实践,最终在八届三中全会上公开改变了八大关于我国社会主要矛盾的论断.这标志着20世纪50年代中期毛泽东提出的"以苏为鉴",开始向斯大林的社会主义模式复归.     

Homicide attempt with a Japanese samurai sword

The use of Japanese swords for homicidal attempts is rare. A Japanese samurai sword is a sharp and cutting object. When faced with the use of this weapon, one must distinguish between stabs and incised wounds. Incised wounds can rarely lead to death, but because of the size of the weapon, stabs usually cause much more serious injuries. Stabs also imply a penetrating movement, whereas incised wounds can be the consequence of protective circular blows. Therefore, it is important to distinguish clinically between these two kinds of wounds. We report a case where the perpetrator argued he had given a circular blow, unfortunately hitting the victim. The pieces of evidence are discussed.     

STR DNA typing: increased sensitivity and efficient sample consumption using reduced PCR reaction volumes

Improvements in detection limits/sensitivity and lower sample consumption are potential benefits of reducing PCR reaction volumes used in forensic DNA typing of crime scene samples. This premise was studied first with experimental mixtures and a nine-loci megaplex, which demonstrated stochiometric amplification and accurate detection. Next, adjudicated casework samples were subjected to amplification under 15 different template DNA to PCR reaction volume ratios. Reduction of PCR reaction volume and DNA down to 10 microL and 0.500 ng, respectively, produced identical profiles with the same signal intensity and heterozygous allele peak height ratio (HR). Reduction to 5 microL and 0.063 ng yielded HR values that were slightly affected in one to three STR loci. PCR reaction volume reduction can enhance detection and sensitivity while reducing the consumption of irreplaceable crime scene samples.     

宪法监督制度及其完善——《监督法》草案有关宪法监督制度缺位之思考

2002年8月底首次提交人大审议的<监督法>草案,标志着人大对"一府两院"监督的法制化和规范化,但其仍然还有许多议题未获得明确和解决;其中宪法监督制度的缺位就是一大遗憾.建立宪法监督机构本应是<监督法>的首要解决问题,如果监督法回避这个问题,就不能起到其应有的作用,究其原因主要为,如果在人大内设立一个专门委员会,就会出现一个理论上的矛盾,当权力机关自身违宪,这个委员会该怎么处理.按照现行宪法的规.定,专门委员会不能对权力机关实施监督,也不能对违宪问题作出处理.同时,如果在全国人大之外或之上设立这样的机构,显然有违现行体制,原因在于人大本身就是负责监督宪法和法律实施,怎么可能在其之上或之外再设立一个机关?笔者以为,宜在我国设立全国人民代表大会领导下的与人大常委并列的宪法监督委员会,实施宪法监督职能;在三者职权划分上,全国人民代表大会仅负责宪法的制定、修改与废除以及其他立法之外的职能,其他立法职能委托全国人大常务委员会执行;全国人大宪法监督委员会负责实施宪法监督.     

关于盗窃罪司法解释中累犯适用的评析——兼论从重处罚的基本原则

刑法中对于累犯在量刑时的规定是一种应当从重处罚的情形,而有关司法解释却将盗窃中的累犯与"数额较大"和"数额巨大"的情节相结合,升格为更为严格的情节加重犯,从而适用更重的法定刑幅度,本人对此规定的合理性进行了研究和评析.     

Determination of drug levels in larvae of Protophormia terraenovae and Calliphora vicina (Diptera: Calliphoridae) reared on rabbit carcasses containing morphine

Two species of blow flies (Diptera: Calliphoridae) were reared on tissues from rabbits administered different dosages of morphine. These species, Protophormia terraenovae and Calliphora vicina are among the first wave of insects colonizing a dead body. Two series of 3 rabbits were given dosages of 10, 20, and 40 mg/h of morphine over a 3 h period via ear artery perfusion. A morphine blood level plateau was attained after 1 h of perfusion. Two other rabbits were used as controls. Samples of tissues collected from rabbits using a coelioscopic technique were determined to have morphine concentrations similar to those encountered in human overdoses and were correlated with dosages of morphine administered. All samples from control rabbits were negative for morphine. Larvae and puparia of both species were regularly collected from each rabbit for toxicological analysis. Concentrations of morphine in larvae reared on rabbit carcasses containing morphine were significantly lower than concentrations found in the tissues. There was a decrease in concentration in morphine observed in transition from feeding 3rd instar larva to puparium. A correlation between larval concentration and tissue concentration was found only in feeding 3rd instar larvae.     

Immunohistochemical contribution to the study of morphine metabolism in Calliphoridae larvae and implications in forensic entomotoxicology

Morphine was detected by immunohistochemistry on sections of third stage larvae of Calliphora vomitoria (Diptera, Calliphoridae) reared on minced beef meat previously treated with morphine hydrochloride. The detection was performed with an avidin-biotin-peroxidase-complex method. Positive specimens showed specific staining of the haemolymph and a more intense immunoreaction in an area located at the limit between exocuticle and endocuticle. These results constitute an evidence of morphine accumulation inside the cuticle of Diptera larvae during their development. During the pupariation, the larval cuticle is transformed into the sclerotized puparium. This study consequently points out the possibilities of analyzing empty pupariae when suitable tissues or living necrophagous insects are absent.     

Glucose and lactate in vitreous humor compared with the determination of fructosamine for the postmortem diagnosis of diabetes mellitus

Diabetes mellitus is a chronic metabolic illness responsible for a great number of deaths. In postmortem diagnosis, because of the difficulty involved in interpreting blood glucose levels and relatively nonspecific pathologic features, biochemical markers in vitreous humor are useful. The aim of this study was to compare the results obtained for the combined determination of lactate and glucose with fructosamine levels recorded in the vitreous humor of two diagnostic groups (one diabetic and the other nondiabetic). The authors intended to ascertain the capacity of different markers measured in vitreous humor to diagnose diabetes mellitus. Fifty-one cadavers (mean age, 58.7 years; standard deviation, 17.09) were studied. The mean postmortem interval was 16.4 hours (standard deviation, 9.05). Cases were assigned to two diagnostic groups according to whether they were previously diagnosed as either diabetic or nondiabetic. Statistically significant differences for glucose, fructosamine, and the sum values of glucose and lactate were found between the two diagnostic groups. The highest levels were obtained in the group of cases with a previous diagnosis of diabetes mellitus. After the comparison of receiver operating characteristic curves, the sum values of glucose and lactate in vitreous humor is a better predictor of antemortem diabetes mellitus than the fructosamine.     

Brazilian population database for the 13 STR loci of the AmpFlSTR Profiler Plus and Cofiler multiplex kits

Allele frequencies for the 13 STR core loci (D3S1358, VWA, FGA, D8S1179, D21S11, D18S51, D5S818, D13S317, D7S820, CSF1PO, TPOX, THO1 and D16S539) included in the AmpFlSTR((R)) Profiler Plus and AmpFlSTR((R)) Cofiler kits were obtained for a sample of 700-800 genetically unrelated Brazilians. The expected performance of these loci for personal identification and paternity testing in the Brazilian population was estimated.