脑死亡立法的艰难与中国传统文化

因中国传统伦理文化对人们意识观念的深刻影响导致中国脑死亡立法步履艰难。从中国传统文化视角分析中国的脑死亡及相关伦理问题,提出中国脑死亡诊断标准的制定必须充分考虑民族心理感受,要立足于民族文化理性地探索“中国脑死亡”。     

Young Offenders with Disabilities: Legal Requirements and Reform Considerations

Delinquency rates have been a persistent concern in the United States with juveniles involved in almost a third of arrests for major crimes in 1993. Further, a disproportionate number of youths incarcerated have a disability. Because youths with disabilities in correctional facilities present legal and educational challenges, we explored the parameters of providing appropriate services based on individual needs. Despite applicable federal legislation, the juvenile correctional system often fails to meet the educational needs of those with disabilities (i.e., some youths are denied special education services, services are often inferior to those provided by public schools, and teachers are often inadequately trained). According to federal legislation, juvenile facilities must observe procedural safeguards afforded to those individuals and provide needed services even for pre trial detainees (services, however, may be balanced against legitimate security concerns). Ultimately, state educational agencies have the responsibility for ensuring that youths with disabilities receive a free appropriate education. Promising practices applicable to all youths may include Positive Peer Culture, aggression replacement training, aftercare programs, and research validated instructional interventions.     

卫生立法迫在眉睫

涉及医疗机构的法律事务处理方面明显存在“两个强化”的趋势,一是强化医疗责任追究,二是强化病家利益维护。但医疗行业在处理法律事务方面仍处于长期形成的各自为阵,自行处理的局面。鉴于以上情况,提出区域性医学法律协作中心问题。     

The why and when of background checks: Situational factors moderate effects of criminal and financial stigma

Past criminal and financial transgressions, even when of questionable job relevance, can harm job‐seekers' prospects. In three hiring simulation experiments, manipulations of situational factors hypothesized to alter decision focus moderate the effect of background report information on applicant evaluations. In Study 1, emphasizing in‐role performance as a hiring goal decreases the weight placed on transgressions relative to standard qualifications. Study 2 demonstrates this context effect with a different design and experienced hiring professionals, and finds that delaying background checks heightens a transgression's impact. In Study 3, presenting novel positive information in conjunction with a criminal offense mitigates the delay effect. By adopting a behavioral decision perspective, this research illuminates how situational factors shape the impact of a widespread form of stigma.     

On Opening Panoora's Box

Summary

The problem of partner violence has assumed a level of importance in the field of medicine only within the past 5 to 10 years. Impetus for this increased interest lies with strong leadership from two previous surgeons general. Another source of impetus is a growing research body which clearly shows that violence, especially partner violence, (a) is not rare in medical settings, and (b) results in considerable morbidity and mortality. This article briefly reviews research on incidence and prevalence of violence victimization among medical system utilizers. Literature illustrating a dearth of physician identification and response to victims of violence is also considered. Finally, given the high rates of violence victims in medical practice and the relative lack of appropriate physician response, it is argued that a need exists for physician training in identification and intervention with violence victims.     

KANT ON RELIGION AND SCIENCE: INDEPENDENCE OR INTEGRATION?

Abstract. Immanuel Kant's theoretical knowledge and practical knowledge tempt conclusion that natural science and religion are two independent discourses of a dualistic system. To be sure, knowledge is anchored in two kinds of causality. Theoretical knowledge is governed by physical causality. Practical knowledge is concerned with the human capacity to initiate a sequence of events that nature could not accomplish on its own—although in conformity with, not independent of, natural causality. Furthermore, the two realms presuppose a common totality of order not of humanity's creation. Without these presuppositions, we could not experience the world as we do, and it would never occur to us to engage in a scientific investigation of the natural world. Hence, we should first exhaust our attempts at explanation on the basis of physical causality before turning to the aid of teleology. The anomalous becomes an occasion to seek a physical law not yet known whereas the miraculous hinders search for a natural law. However, higher than knowledge of “what is” is our capacity to discern “what should be.” This is an inclusive moral capacity that establishes what it means to be human and unites all moral agents in an invisible kingdom of ends that constitutes a moral culture in the physical world uniting religion and science.     

精神科中强行住院引发的伦理问题初探

对精神科中的强行住院问题引发的医学伦理问题进行了初步探讨,指出其产生的背景、原因和过程,分析了解决途径和方法,并呼吁加快精神卫生立法,以指导解决相似的伦理问题。     

论克隆人的立法思考

世界上第一个克隆人不久将出现于世,法律应如何对待克隆人问题,已提上议事日程。我国应理性对待,允许有条件克隆人,并就有关立法提出了初步构想。     

台湾地区“代孕”立法最新进展及其启示

2007年3月21日,台湾地区在广泛调研、民主决策的基础上,终于颁布实施了《人工生殖法》,使争论已久的代孕人工生殖问题与《人工生殖法》正式脱钩,另行规制;此前,《代孕人工生殖法》草案也已经出笼,拟有条件开放代孕人工生殖。相关草案对代孕者、受术夫妻、代孕中介、代孕契约、亲子关系等问题都进行了具体规定。台湾地区的立法经验对祖国大陆完善包括代孕在内的人工生殖法具有一定的借鉴意义。