输入型脑机接口技术临床应用的法律规制研究

输入型脑机接口技术的临床应用为神经和精神类疾病患者带来健康福祉。然而该技术涉及对大脑神经元活动的影响与改变,产生新的法律问题,尚未引起立法的重视。立法滞后的根源是对精神领域保护的忽视、对技术不确定性双重面向的忽视,以及大脑信息特殊性的忽视。对此,应当确立精神完整法益的立法保护;完善输入型脑机接口技术临床应用过程中的知情同意;对大脑信息进行特殊保护。从而保护患者的自我决定权、精神完整性、隐私权,实现患者最佳利益。

     

生物样本泛知情同意的撤回权及相关问题探讨

泛知情同意的撤回权是指通过泛知情同意模式参加生物样本库的捐献者具有随时撤销其泛知情同意的权利,其在国内外都有相应的法律与道德基础。明确这一权利符合捐献者、生物样本库等多方的长远利益,既能更好地保护捐献者,也对生物样本库建设有重要意义。一般情况下,捐献者可随时向生物样本库撤回泛知情同意,然而在涉及国家利益、干细胞治疗、样本去识别等特殊情况时,撤回权将受到一定限制。此外,我们提出信息交互平台的建设是泛知情同意撤回管理的优化策略,为有关机构进一步健全泛知情同意撤回制度和加强实践指导提供理论依据。

     

基因权的证成和体系

基因科技对人的主体性造成冲击,需要通过立法对于人的基因利益予以保障。基因具有人格性,同时也负载着经济利益。现有的权利体系无法全面涵盖基因上的利益关系,基因权成为一项新型权利。基因权的证成建立在基因具有道德意义的基础上,又因为其关涉人的物种尊严、人格尊严和身体尊严,并具有巨大的经济利益,而使得基因权表现为立体化多面向的权利束。基因权利体系包括基因隐私权、基因平等权、基因知情权和基因利益分享权。在我国现行权利框架下,适宜以单行法的方式完善基因权利制度。

     

论医疗权及其实践

患者的医疗权可以表现为宪法上的应然权利和实践中的实然权利。在具体医疗实践中 ,患者获得公正、必须和费用节省的医疗服务的权利 ,是以患者支付医疗费用为前提的。在特定情况下 ,虽然患者无支付能力 ,也可以享有医疗权。患者有拒绝医疗的权利     

不当出生损害赔偿诉析

因不当出生(wrongfulbirth)使父母因缺陷儿童多支付了大量的医疗、人力照顾以及特殊教育的费用,同时受到身心痛苦,如果不给予一定的救济是很不公平的,承认该类诉讼是各国共同趋势。在我国应以契约法来处理这类诉讼。     

Distributive Justice for Others,Collective Angst,and Support for Exclusion of Immigrants

Harsh treatment of others can reflect an underlying motivation to view the world as fair and just and also a dispositional tendency to believe in justice. However, there is a critical need to refine and expand existing knowledge, not only to identify underlying psychological processes but also to better understand how justice may be implicated in support for exclusionary policies. Across two studies, we show that support for policies that restrict immigrants is exclusively associated with thoughts about fair outcomes for other people (distributive justice for others). In Study 1, Americans' dispositional tendency to believe in distributive justice for others was associated with greater support for a policy proposing to further restrict immigrant job seekers' capacity to gain employment in the United States. In Study 2, we experimentally primed thoughts about justice in a sample of U.S. police officers. Support for a policy that mandated stricter policing of illegal immigration was strongest among officers who first thought about fair outcomes for other people, relative to other unique justice primes. Across both studies, distributive justice for others was associated with greater collective angst—perceived threat towards the future existence of Americans. Moreover, collective angst mediated the link between distributive justice for others and support for restrictive policies. Overall, this research suggests that thoughts about distributive justice for others can especially diminish compassion towards immigrants and other underprivileged groups via support for exclusionary policies. In addition, merely thinking about distributive justice for others may be sufficient to amplify social callousness.     

Neighborhood Collective Efficacy Moderates the Association between Maternal Adverse Childhood Experiences and Marital Conflict

In a socio‐demographically diverse sample of 501 caregivers participating in a longitudinal birth cohort study during the childbearing years, we examined whether neighborhood collective efficacy moderated the association between maternal adverse childhood experience (ACEs) and marital conflict. Maternal ACEs were assessed via retrospective reports. Neighborhood collective efficacy was measured via maternal and paternal reports at 2 months, and maternal reports of marital conflict were collected at infant age 2 and 18 months. Multiple linear regression analyses revealed that maternal ACEs were associated with increased marital conflict. Neighborhood collective efficacy moderated the association between early maternal ACEs and marital conflict, such that mothers experiencing ACEs had lower levels of marital conflict when exposed to high levels of neighborhood collective efficacy. Results suggest that extra‐familial sources of social support and control, such as feelings of security, trust, order, and connectedness with others, may buffer the effects of early adversity on marital discord.     

Le rôle de la stigmatisation dans la symptomatologie dépressive de femmes françaises en surpoids ou en situation d’obésité

IntroductionDespite the high prevalence of depressive symptoms among women being overweight or having obesity, the role of stigma and causal attributions in the expression of these symptoms in French women has been largely under-explored to date.ObjectiveThe aim of this research is to study the role of internalized stigmatization, stigmatizing experiences and causal attribution in the intensity of depressive symptoms in overweight and obese French women.MethodThese four variables were measured in 160 French women being overweight or having obesity.ResultsOur analyses highlight positive correlations between stigmatizing experiences, internalized stigmatization and depressive symptomatology. It is important to note that stigmatizing experiences seem to play a more preponderant role than internalized stigmatization in the expression of depressive symptoms.ConclusionFor women with significant depressive symptoms, it appears essential to integrate interventions aimed at reducing their level of stigma. Moreover, from a preventive perspective, it also seems essential to promote campaigns in France aimed at reducing the stigmatization in this population.     

An Exploration of Young Clients' Experiences in Counseling With Post‐Master's Counselors

This phenomenological study adds to current literature about clients' meaningful experiences in counseling by exploring the experiences of eight young clients (ages 8–18) in individual counseling with post‐master's counselors in an outpatient setting. Interviews with these clients revealed the following six themes: (a) the process of growth, (b) having a safe place to talk, (c) counselor accepts and meets the client where they are, (d) counseling is a team effort, (e) supportive accountability from the counselor, and (f) understanding self and others. The final theme includes two subthemes: learning coping and emotion management skills, and learning better ways to communicate and behave. Findings and implications for counselors are discussed.     

Personal Belief in a Just World and Conscientiousness: A meta-analysis,facet-level examination,and mediation model

Extensive research efforts have been devoted to understanding the nature of Conscientiousness, the only Big Five personality trait that has been robustly linked to professional achievement and longevity. We proposed that Conscientiousness is associated with Personal Belief in a Just World (PBJW), that is, the extent to which an individual believes that her or his efforts will be rewarded. To investigate this proposition, we undertook a meta-analysis synthesizing past findings regarding the relationship between PBJW and Conscientiousness; we confirmed a positive relationship between the two constructs (r = .16) based on 17 samples and 5,810 individuals. We further proposed a theoretical framework linking PBJW to specific facets of Conscientiousness. A survey of a representative sample of the US population (n = 311) confirmed that PBJW is positively correlated with the specific facets of Self-efficacy, Achievement-striving, and Self-discipline. Internal Locus of Control mediated these associations, elucidating the underlying processes linking PBJW and Conscientiousness.