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。     

我国医药行业商业贿赂的立法缺陷与完善

分析了目前我国医药行业反商业贿赂立法在商业贿赂的范围、行贿主体、受贿主体、手段要件和主观要件等方面法律规定的缺陷。针对这些缺陷,分别提出了修改与完善的建议,对治理医药行业商业贿赂的立法与实践具有一定的理论意义和现实意义。     

论中医药知识产权犯罪的刑、事控制

知识经济时代的来临要求世界各国加强对知识产权的法律保护。但由于我国现行刑法中有关知识产权犯罪的规定还存在着一定的纰漏,不利于对于侵犯中医药知识产权犯罪的刑事惩治。因此在理论上对我国中医药知识产权犯罪刑事控制的现状进行检讨与反思,并适时对知识产权犯罪的刑事立法进行完善是完全必要的。     

Legal and Policy Responses to Children Exposed to Domestic Violence: The Need to Evaluate Intended and Unintended Consequences

Greater training and specialization in working with children exposed to domestic violence has resulted in new policies, interagency protocols, and legislation in many states. This paper examines court-related responses in criminal, child protection, and family court custody proceedings, which highlight legislative changes and resulting systemic change. Although this legislation originated with the best of intentions to assist and protect children, some of the most striking outcomes have been negative and unintended. Laws that mandate reporting of children exposed to domestic violence can clash with inadequate training and resources, or inadvertently revictimize abused women. Similarly, child custody legislation that raises a rebuttable presumption that a violent spouse will not receive custody or joint custody of children after parental separation has resulted in greater skepticism about abuse allegations. We propose that efforts at law reform can be enhanced by a more thoughtful analysis of potential intended and unintended consequences, and should be accompanied by a comprehensive evaluation plan to monitor implementation effects.     

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.     

The gifts of allurement: anti-conversion legislation,gift-giving,and political allegiance in South Asia

ABSTRACT

The last decade has seen an escalation of various acts of anti-conversion legislation in Nepal, Sri Lanka, and in different states of India. Several scholars comment that the upsurge of anti-conversion legislation can be linked to the ascension of religious nationalism in India and Sri Lanka, yet recent trends indicate that such laws are also proposed by moderate political forces. What is notable about this anti-conversion legislation is that it criminalizes ‘improper’ conversions along the lines of force, fraud, and allurement/inducement. While Article 18(2) of the International Covenant of Civil and Political Rights (ICCPR) protects against coercion, and thus forcible conversions, and while the concepts of force and fraud are already covered by the penal codes of the respective countries, the remaining element of controversy of anti-conversion legislation is that of allurement and/or inducement. ‘Allurement’ is defined as the offer of any temptation for the purpose of converting a person professing one religion to another religion, in the form of: “(i) any gift or gratification whether in cash or kind, (ii) a grant of any material benefit, whether monetary or otherwise, (iii) the grant of employment or grant of promotion in employment” (Owens 2006–2007, 337). Yet, despite critical remarks from the UN Special Rapporteur on the Freedom of Religion or Belief, Asma Jahangir, that these anti-conversion proposals are vague in their formulations and may lead to religious persecution, the legislative attempts are persistent in their demand to criminalize the allegedly religious gifts of allurement. This article argues that the rationale behind anti-conversion legislation stems from a threefold objective: (1) the dislike of gifts from the religious Other in particular and proselytization in general, (2) legislation as a regulating mechanism of majority religious bodies vis-à-vis religious minorities, (3) anti-conversion laws demanding the complicity of the state in relation to the majority religions, accentuating state patronage as a tacit form of state religion bill.