21世纪初卫生立法面临的新任务

研究讨论２１世纪初卫生立法面临的新任务,进入知识经济和信息社会时期,卫生事业发展、医学科学战略规划,人人享有健康权益目标实现,应有法律规范,并提出新世纪初卫生立法指导思想、基本原则及立法特点,提供了一份卫生立法框架构思。     

Differentiating between child protection and family support in the Canadian child welfare system's response to intimate partner violence,corporal punishment,and child neglect

Rates of reported child maltreatment nearly doubled in Canada over the period 1998–2003, an increase that reflects growing awareness of the harmful effects of an expanding array of parental behaviors, including corporal punishment, lack of supervision, and exposure to intimate partner violence (IPV). Some of these situations may benefit from voluntary family support programs outside of the child welfare system. Analyzing a sample of 11,807 investigations, this paper compares cases where the sole concern is exposure to IPV, or hitting a child, or neglect, or other forms of investigated maltreatment. Situations where exposure to IPV or potentially abusive hitting were the sole reason for investigation presented with fewer risk factors and were less likely to lead to ongoing child welfare interventions compared to other maltreatment investigations. While situations involving alleged neglect presented a higher risk profile and elicited a more intensive child welfare response than did exposure to IPV or hitting, opportunities for alternative services were nevertheless identified. The study also found that visible minority families were overrepresented in cases involving hitting and that Aboriginal families were overrepresented in cases involving neglect. Overall the findings support the development of alternative response programs in Canada.     

Deterrence of drug driving: The impact of the ACT drug driving legislation and detection techniques

Drug driving is a significant road safety concern rendering the implementation of roadside drug testing in all Australian jurisdictions. The current research sought to examine the impact of recently introduced roadside oral fluid screening in the Australian Capital Territory (ACT). Specifically, the study sought to examine drivers’ awareness, perceptions and perceived deterrent impact of these operations and the degree to which they influence likelihood of future drug driving. A total of 801 male and female motorists aged 17–88 years of age completed a phone interview assessing demographics (e.g., driving and drug taking history), awareness and perceived effectiveness of roadside drug testing, and constructs central to both Classical Deterrence Theory (i.e., certainty, severity, swiftness) and reconceptualised deterrence theory (direct and vicarious experiences of both punishment and punishment avoidance) frameworks. Overall, despite an apparent decline in drug driving behaviour since the introduction of roadside testing, a large proportion of driver’s possessed a poor awareness of these operations and did not perceive a high certainty of apprehension. Age, punishment avoidance and vicarious punishment avoidance were found to predict future likelihood of drug driving, whilst Classical Deterrence Theory variables did not. Contrary to expectations and previous studies, few significant differences were found with regards to gender. Findings are interpreted in light of the recency of roadside drug testing in the ACT and the need for future studies to examine the impact of such operations. Further recommendations for augmenting the deterrence of drug driving are discussed.     

Designated as Dangerous: Characteristics of Sex Offenders Subject to Post‐Sentence Orders in Australia

The earliest characterisation of Australian sex offenders subjected to post‐sentence legislation is presented. Demographic, developmental, clinical, and criminal characteristics were obtained for sex offenders under post‐sentence orders in Western Australia, New South Wales, and Victoria. Data on 50 offenders were recorded from psychological and psychiatric risk assessment reports statutorily required at the initiation of post‐sentence legal proceedings. The findings describe a group of demonstrably dangerous men who exhibited an early onset of sexual offending, high rates of mental disorder, sexual deviance, and antisociality. Their developmental histories are characterised by early deprivation, disadvantage, abuse, early exposure to substance abuse, and social and psychological dislocation. These offenders present a conundrum to criminal justice agencies. They are an objectively unfortunate group and have engaged in significantly harmful behaviours. However, the early onset of their offending suggests that early intervention services, such as those offered by mental health professionals, have a critically important role to play in any effort to alter offending trajectories such as those exhibited in this sample. A paradigm shift in public policy from a post hoc model to a well‐resourced preventative and public health approach to the problem of sexual violence is proposed. Broad treatment implications are also considered.     

浅谈非法实施胎儿性别鉴定的刑事立法

目前,我国出生婴儿性别比例严重失调,给整个社会带来了严重的危害.虽然国家和各地方制定了一系列相关的法律、法规,严禁对胎儿实施性别鉴定.但依靠的是民事和行政法律手段,因而收效甚微,未能有效遏制这一现象的恶性循环,男女性别比例失调的形势愈加严峻.因此,有必要对非法实施胎儿性别鉴定行为进行刑事立法.以我国出生婴儿性别比严重失调的现状为切入点,并以此为基点提出一些个人的刑事立法观点.     

非法人体器官交易的刑事立法研究

借鉴他国立法经验,根据我国刑法典,把非法人体器官交易这种行为定性为一种犯罪,在刑法中增设非法人体器官交易罪(类罪名),以此预防、打击非法人体器官交易.     

台湾人工生殖技术管制之回顾与前瞻

台湾地区人工生殖技术的管制先后经历了道德管制和行政管制两个阶段,目前正积极总结各阶段管制模式的成败得失,努力构造《人工生殖法》的原则和框架,以提高人工生殖技术管制的合法性和有效性。     

税收立法民主化的伦理价值

税收立法民主化的伦理价值主要体现在:税收立法权力来源的人民性,执政党在税收立法权力结构中应当尊重人民的主人翁地位;税收立法程序的公正正义性,能够全面听取各税收关系人的意见;税收立法权责分配结果的合理性,能够有效协调各方税收关系人的利益关系;税法执行的自觉性,确保税收立法目标能够得以充分实现。     

脑死亡立法的若干法律问题探讨

因为关系到基本人权,脑死亡立法应当由全国人民代表大会立法通过。制定科学的脑死亡标准和严谨的脑死亡判定程序是保障其接近正义的必需。在脑死亡判定方面应充分地保障患者生命权、自主选择权,尊重患者以及家属的知情同意权,保障患者的基本权利是脑死亡立法的核心所在。器官移植不是脑死亡立法的理由。