论我国司法精神病鉴定制度之完善

随着法律制度的日渐发展和完善,司法精神病鉴定制度越来越多地受到人们的关注,存在的问题也不断暴露出来.鉴于司法精神病鉴定在社会生活中的重要作用,在对中外司法精神病鉴定的历史及现状的考察上,结合对我国司法精神病鉴定的相关制度的分析和研究,对我国司法精神病鉴定制度的改革提出了自己的观点.     

司法精神医学——精神病鉴定与刑事责任能力

这是一部日本法学学者、精神病职业医生合作编篡的用于司法精神病与刑事责任能力鉴定的专业性极强的书。     

司法精神医学——精神病鉴定与刑事责任能力

这是一部日本法学学者、精神病职业医生合作编篡的用于司法精神病与刑事责任能力鉴定的专业性极强的书。     

建立统一的医疗责任鉴定制度

针对医疗纠纷越来越严重、越来越趋于恶化的现状,指出医疗责任鉴定制度不合理、鉴定程序不规范是重要原因之一。通过对我国现存医疗责任鉴定制度的剖析,同时借鉴国外有关司法鉴定的相关规定,提出建立统一的医疗责任鉴定制度的构想。     

对我国医疗损害鉴定制度的审视与反思——以王宝洺案为视角

介绍了我国医疗损害鉴定制度的历史,并以王宝洺案为视角,审视了我国现行医疗损害鉴定制度在鉴定模式、鉴定资料真伪性、运用鉴定意见等方面存在的问题.最后从一元化的医疗损害鉴定制度的构建、鉴定资料真伪性决定权的归属、专家辅助人制度的引入等方面提出了完善我国医疗损害鉴定制度的对策.     

各国医疗鉴定制度及对我国的启示

医疗鉴定是处理医疗事故的核心,有效地保证医疗鉴定的公平性,只有完善签定人的相关管理制度才能完善医疗监督制度.通过对两大法系医疗鉴定制度的介绍和比较,对我国的医疗鉴定制度的公平性、鉴定人的管理制度、鉴定结果的追究制度等提出了自己的见解.     

建立统一的医疗责任鉴定制度

针对医疗纠纷越来越严重、越来越趋于恶化的现状,指出医疗责任鉴定制度不合理、鉴定程序不规范是重要原因之一.通过对我国现存医疗责任鉴定制度的剖析,同时借鉴国外有关司法鉴定的相关规定,提出建立统一的医疗责任鉴定制度的构想.     

论医疗鉴定制度的完善

医疗鉴定是医疗纠纷处理的核心,当医患双方认可医疗鉴定的公正性、医疗鉴定程序的透明化时,我国的医疗鉴定制度才真正趋于完善。通过医疗事故技术鉴定和医疗损害司法鉴定的对比,提出医疗鉴定机构的设置、鉴定人员的选取、确保鉴定结论的公正等一系列制度。     

医疗事故鉴定制度向何处去

《侵权责任法》实施后,在医疗损害民事纠纷领域,医疗事故鉴定制度失去了实体法基础,应当废除;在追究医疗行为行政及刑事责任领域,医疗事故鉴定有继续存在的必要,且应当对现行医疗事故鉴定制度进行重大改革,建议成立“医疗鉴定”专门机构,将“医疗鉴定”作为一个独立的司法鉴定类别,将医疗事故鉴定作为医疗鉴定的一个子项目;医疗事故鉴定专家应当由临床医学专家、法医与法律专家共同组成;鉴定结论由鉴定专家以个人名义做出,从而为追究违法医疗行为的行政责任和刑事责任提供科学依据.     

法律实务视角下对医疗过错司法鉴定体制改革的思考

从《侵权责任法》实施以来的医疗诉讼司法实践着眼,分析医疗过错司法鉴定存在的诸如鉴定程序、鉴定管理、人员资质、责任追究等体制缺陷和问题,提出规范鉴定程序、创新管理模式、鉴定人员专业化及完善责任追究体系等改革建议,以提高司法鉴定的质量,维护司法公正.     

Mental Health Identification Practices of Jails: The Unmet Needs of the “Silent” Population

The overrepresentation of individuals with mental illness in the criminal/legal system is well documented. While professional associations urge diversion towards treatment, little is known about the practices these institutions use to identify this population. One understudied space in the criminal/legal continuum is jails. This exploratory study compares two types of mental health identification at jail booking to assess jail‐ and community‐based service outcomes by identification type (N = 2956): (a) staff observation and (b) a standardized screening instrument. Individuals identified through staff observation were significantly more likely to receive jail‐ and community‐based services, even though current symptomology and substance misuse were both significantly higher for individuals identified only by the screening instrument. These findings point to the importance of jails in providing stabilizing services during incarceration, but further, show the impact that identification practices have on individuals as they transition to the community. Community context showed varied rates of jail staff observations of mental illness, showing greater risks for individuals in rural communities. Implications include a need for system‐level changes by instituting evidence‐based identification practices in jails, and improving professional collaboration practices between mental health and criminal/legal practitioners as individuals enter and exit jails.     

On being mindful,emotionally aware,and more resilient: Longitudinal pilot study of police recruits

Police officers are at particular risk of stress when compared to people in other occupational groups. A compounding factor is that police are prone to the use of avoidant coping strategies when attempting to deal with this stress. Evidence suggests that “anti‐avoidance” strategies, of acceptance, mindfulness and emotional awareness, are more effective ways of coping, and are linked to both mental health and personal effectiveness. This study followed 60 trainee police officers from the recruit phase into the workplace to determine if these processes predicted more positive mental health and wellbeing in police recruits after 1 year of service. Mindfulness predicted depression at follow‐up, while emotion identification skill predicted general mental health. These results suggest that police officers and police organisations may benefit from interventions aimed at developing and promoting mindfulness and emotion identification.     

群体认同与个体心理健康的关系:调节变量与作用机制

近年来,群体认同与个体心理健康的关系得到了研究者的关注。本研究通过对相关文献的梳理与归纳发现:民族、国家、学校、家庭等不同种类群体的认同,群体认同数量与个体心理健康的关系显著;群体认同与个体心理健康之间的关系受群体认同动机和个体对群体评价的调节,并依赖于自尊、社会支持、控制知觉、归因方式等因素的中介;未来应利用多种方法继续研究群体认同与个体心理健康关系的调节变量与作用机制。     

Early identification of mental health problems in schools: The status of instrumentation

When embedded within a continuum of mental health services including both prevention and treatment, school-based mental health identification programs can promote improved academic and mental health functioning among students. This article describes the scientific status of assessment instrumentation that may be used for early mental health identification in schools. Currently available instruments are described in terms of their ability to accurately detect youth with mental health problems. Implications for selecting mental health screening and assessment instruments and integrating them into schools are discussed. Finally, a range of approaches to early identification in schools as well as some of the broader ethical and practical issues related to the integration of these strategies into a school-wide continuum of services are presented.     

The fallibility of memory in judicial processes: Lessons from the past and their modern consequences

The capability of adult and child witnesses to accurately recollect events from the past and provide reliable testimony has been hotly debated for more than 100 years. Prominent legal cases of the 1980s and 1990s sparked lengthy debates and important research questions surrounding the fallibility and general reliability of memory. But what lessons have we learned, some 35 years later, about the role of memory in the judicial system? In this review, we focus on what we now know about the consequences of the fallibility of memory for legal proceedings. We present a brief historical overview of false memories that focuses on three critical forensic areas that changed memory research: children as eyewitnesses, historic sexual abuse and eyewitness (mis)identification. We revisit some of the prominent trials of the 1980s and 1990s to not only consider the role false memories have played in judicial decisions, but also to see how this has helped us understand memory today. Finally, we consider the way in which the research on memory (true and false) has been successfully integrated into some courtroom procedures.     

An introduction to organic brain syndromes

Organic brain syndromes are of forensic interest for several reasons. First, patients with organic brain syndromes may require judicial determination of competence in any of a number of areas, e.g., testamentary capacity, need for financial guardianship, or competence to make medical decisions. Second, any patient whose mental state is of legal interest will need evaluation for contributing organic factors; uncovering these factors may have considerable medical and legal consequence. Third, the discovery of organic factors may be decisive in the outcome of a judicial proceeding, where “hard” biological data are often accorded more weight, and are thus more persuasive, than “soft” psychological data. This article provides an introductory overview of the organic brain syndromes. For each syndrome, the clinical features are described and are illustrated with a case vignette, the more common etiologies are presented, and selected aspects to the evaluation are highlighted. In addition, since the detectian of malingered mental illness is a key component in many forensic contexts, characteristics are described which help to distinguish actual from malingered mental illness.     

Kill or cure? Different types of social class identification amplify and buffer the relation between social class and mental health

The present research investigated different types of social class identification as moderators of the negative relation between social class and mental health problems. Psychology undergraduates (N = 355) completed an online survey that included measures of social class, mental health and well-being, and three aspects of social class identification: importance of identity, salience of identity, and perceived self-class similarity. Perceived self-class similarity buffered the negative association between social class and depressive symptoms. However, importance and salience of social class identity amplified the associations between social class and anxiety and life satisfaction. These findings contribute to a more sophisticated understanding of the way in which social identification may operate as a social cure.     

Social support and cardiovascular responding to laboratory stress: Moderating effects of gender role identification,sex, and type of support

The objective of the present study was to examine moderating effects of gender role identification, sex, and type of support on the buffering role of social support on cardiovascular responses. We hypothesized that (a) gender role identification, more than sex, would moderate the effect of social support and (b) to obtain optimal attenuating effects of social support, type of support provided should match type of support preferred in terms of one's gender role identification. That is, feminine participants would benefit more from relatively direct support, whereas masculine participants would benefit more from indirect support. Healthy participants (N = 100) performed a psychological stressor in the presence of a friend, after mental activation of a friend, or alone. Results revealed no moderating effects of gender role identification whether or not in combination with type of support. Nevertheless, results demonstrated an attenuating effect of mental support on heart rate and cardiac output in men. It is concluded that pathways linking social relationships and health may differ between women and men.     

How does higher in‐group social value lead to positive mental health? An integrated model of in‐group identification and support

Previous research has indicated that the effects of in‐group social value on mental health are mediated by the extent to which individuals identify with their in‐group. Other research has shown that in‐group identification leads to positive mental health because it provides in‐group members with a psychological basis for social support. We examine how the individual's perception of the social value of the in‐group leads to positive mental health, integrating the effects of identification with and support from the in‐group. As predicted, the relationship between higher social value and decreased mental health (e.g. depression, perceived stressful events) is mediated by higher in‐group identification, which in turn leads the members to expect support from the in‐group but not the out‐group. An integrated model of the effects of perceived in‐group social value, identification, and support on mental health is proposed, and the implications are discussed.