交易阴影下的劳动合同法——关于《劳动合同法》法律效果的法社会学解读

劳动合同法在社会空间中的运行,受到法律确定性、劳资形势、经济危机以及传统惯习等因素的影响,发生了一定的变化.在劳动领域存在着与书本上的劳动合同法不同的,在实际上发生作用的“行动中的劳动合同法”.劳动者与用人单位的交易是其中最主要的表现形式,劳动合同法是在劳资双方交易的阴影之下得到遵守与执行的.     

Terrorism as treated by the Christian science monitor, 1977–1987

Standing uniquely apart from journalistic sensationalism in its reportage of terrorism, the Christian Science Monitor (CSM/“The Monitor”) has taken a stance of trying to keep perspective on what individual events mean in terms of a wider framework.

It is perhaps critical to state at the outset that this researcher is not of the Christian Science faith, but has been a faithful reader of the Monitor for 15 years. When approached several years ago by The Terrorism and the News Media Research Project to contribute to that scholarship, an immediate response was that her primary newspaper would be inadequate to the task. A preliminary check into the Christian Science Monitor Index confirmed that fact: there were no entries under the heading of “terrorism” for 1975, 1976, 1977, and for 1978 it directed the researcher to see “violence”.

But then some dramatic changes took place in the mid‐1980s. The newspaper was undergoing major transitions internally, and terrorism was becoming an increasingly hot topic internationally.

This paper discusses terrorism as treated by the Christian Science Monitor, 1977–1987 both quantitatively and qualitatively. The approach is to delineate some of the underpinning philosophy of the newspaper, to discuss its chronological treatment of terrorism, and then to draw some implications from the study.     

Making Volunteers: Civic Life after Welfare's End,by Nina Eliasoph

Extant research is not very specific about when the media matter for vote choice. In this study, we test multiple theories about the influences of the media on vote choice in 21 countries. The European Parliamentary (EP) election campaign offers a unique research context to test these influences. We rely on a two-wave panel survey conducted in 21 European Union (EU) member states, asking both vote intentions before the campaign and reported actual votes (among 14,000 voters). We link these data to media content data of campaign coverage between the two waves in these countries (37,000 coded news items). We conclude that media evaluations of the EU affect voting for Eurosceptic parties. On average, the more positive the evaluations of the EU a voter is exposed to, the less likely she or he is to cast a vote for a Eurosceptic party. In addition, our findings indicate that in countries where political parties have markedly different views on EU issues, the more a voter is exposed to framing of the EU in terms of benefits derived from membership in these countries, the less likely she or he is to cast a Eurosceptic vote. This suggests that the outcome of the 2009 EP elections was influenced by how the media covered EU-related news during the campaign.     

Debt crisis of the less developed countries and the transfer debate once again

In the perspective of substantial amount of net transfers from the debtor less developed countries (LDCs) to the creditor developed countries (DCs) in the recent debt crisis years, there is a renewed debate (that started in the context of German reparation payments after the First World War) on the question of transfer burden of debt. The present study assembles some evidence to show that the LDCs in general expanded their export‐volumes and faced losses in their export unit values in the process of their debt repayments. Many LDCs faced this transfer burden of debt irrespective of whether their export drive was in the field of primary products or manufactures. Thus the Keynesian analysis for German transfer problems seems to be relevant in the context of the present experience of the LDCs. For some debtor countries, the ‘insoluble’ transfer problem mentioned by Keynes exists as they are facing ‘Fisher's paradox’: The more the debtors pay, the more they owe.     

Citizens versus Parties: Explaining Institutional Change in German Local Government, 1989–2008

Abstract

From 1989 to 2008, local governments in Germany have experienced ‘massive’ institutional change. Local constitutions have been altered in all German states giving citizens more say in local politics, while at the same time reducing local parties' influence. The paper first describes the changes according to two analytical models of local democracy. It then tries to explain the institutional change as a process of diffusion in a federal state. Three questions are answered in the explanatory part: Why did some forerunner states start with the reforms at the beginning of the 1990s and not earlier? Why did the reforms continue in other states although there was no general pressure from above? And why did some states continue with the reforms while others did not? In the first part of the paper the changes are described quantitatively while a qualitative approach is used in the explanatory part. The analyses show that the beginning of the reforms is related to ‘massive political failure’ while further reforms are a result of rational learning by different actors (large parties, small parties, non-governmental actors) depending on different means of reform. Based on these results we forecast a continuation of the reforms in the next years leading to a convergence of citizen-oriented local government all over Germany.     

Analytical Thresholds and Sensitivity: Establishing RFU Thresholds for Forensic DNA Analysis,

Determining appropriate analytical thresholds (ATs) for forensic DNA analysis is critical to maximize allele detection. In this study, six methods to determine ATs for forensic DNA purposes were examined and compared. Four of the methods rely on analysis of the baseline noise of a number of negatives, while two utilize the relationship between relative fluorescence unit signal and DNA input in the polymerase chain reaction (PCR) derived from a dilution series ranging from 1 to 0.06 ng. Results showed that when a substantial mass of DNA (i.e., >1 ng) was amplified, the baseline noise increased, suggesting the application of an AT derived from negatives should only be applied to samples with low levels of DNA. Further, the number and intensity of these noise peaks increased with increasing injection times, indicating that to maximize the ability to detect alleles, ATs should be validated for each post‐PCR procedure employed.     

镫骨肌声反射推算听敏度及法医学评价

听力损害的法医学鉴定，须采用客观、准确、定量的听力测验方法。声镫骨肌反射具有客观、设备简单、操作方便快捷、检查费用低廉等优点。国外学者对此进行了较多研究，结果差异较大。国内这方面研究较少。本文按严格纳入标准，选择大样本运用逐步多元回归统计分析，建立了推算ＰＴＡ的数学模型，经统计学显著性检验，新建方程具有较高准确性。且可信度均较过去推算方法为好。年龄、中耳阻抗轻度异常对推算准确性无显著影响。声镫骨肌推算听敏度数学模型仍可作为法医学鉴定中客观评定听力下降程度的首选常规方法。     

论汉语声调的特征价值及其在语言识别中的应用

汉语声调具有区别不同方言的重要价值。生活在一定方言区的人,其语音必然遵循并反映该方言的声调特点,诸如平、上、去、入的分混,在检材中主要通过同调字表现出来,对于识别犯罪嫌疑人的籍贯或所在地区具有不可忽视的作用。     

Determining the Method Threshold of Identification via Gas Chromatography–Mass Spectrometry of Weathered Gasoline Extracted from Burnt Nylon Carpet,

The Organization of Scientific Area Committees defines threshold of identification as the minimum concentration of ignitable liquid identifiable from gas chromatographic‐mass spectrometry data using accepted pattern identification criteria. We propose a method for determining this threshold for gasoline based on base peak to qualifier ratios of six compounds. The ion ratios were established for each compound in the neat gasoline. These ratios were then compared to those obtained for gasoline and 98% weathered gasoline both spiked onto burnt nylon carpet at 20 ppt down 0.50 ppt, and recovered from the carpet using headspace extraction (ASTM 1412). Identification was confirmed if the compounds’ ion ratios fell within ±25% of that in the neat sample. We found that ion ratios for all samples were acceptable for six compounds at 1.60 and 0.80 ppt for extracted neat and extracted 98% weathered gasoline, respectively, illustrating potential for incorporating into Quality Assurance Programs.     

Dental Age Estimation: Pattern Recognition of Root Canal Widths of Mandibular Molars. A Novel Mandibular Maturity Marker at the 18‐Year Threshold

The final stage of third molar development is used to assign a subject to above the 18‐year threshold. Some subjects exhibiting this final stage are less than 18 years. Radiographs from 1000 females and 1000 males age 16.00–25.99 years were examined. Each half‐year age band comprised 50 females and 50 males. Three categories of root canal widths (RCW) of the LL6, LL7, and LL8 [FDI 36, 37, and 38] were defined. Reproducibility was achieved by re‐assessing the same subjects 12 months apart. For females, the minimum value for RCW‐A was 16.33 years, RCW‐B 17.23 years, and RCW‐C 18.45 years. For males, the minimum values were RCW‐A 17.16 years, RCW‐B 18.29 years, and RCW‐C 18.16 years. The presence of RCW‐C in a female, and the presence of RCW‐B or RCW‐C in a male is compelling evidence that the subject is above the 18‐year threshold.