Die Rechtsansichten der Eurasier -- Rechtsordnung oder Wertordnung?

In their juridical doctrines, the members of the Evrazijstvo movement advocated the idea of a Russian special path criticizing at the same time the formalism and coldness of the western conception of law, based principally on Roman law. Their views are characterized by an evident priority accorded to justice over law, to the order of values over legal order.     

Common Law Approaches to the Relationship Between Law and Morality

How are general relations of law and morality typically conceived in an environment of Anglo-saxon common law? This paper considers some classical common law methods and traditions as these have confronted and been overlaid with modern ideas of legal positivism. While classical common law treated a community and its morality as the cultural foundation of law, legal positivism's analytical separation of law and morals, allied with liberal approaches to legal regulation, have made the relationship of legal and moral principles more complex and contested. Using ideas from Durkheim's and Weber's sociology, I argue that the traditional common law emphasis on an inductive, empirical treatment of moral practices has continuing merit, but in contemporary conditions the vague idea of community embedded in classical common law thought must be replaced with a much more precise conceptualisation of coexisting communities, whose moral bonds are diverse and require a corresponding diversity of forms of legal recognition or protection.     

Le contentieux de la régularité externe des décisions rendues par les juridictions ordinales des médecins

In the event of irregular composition of the ordinal jurisdiction or omission of certain compulsory particulars in the decision rendered, the parties may challenge the external regularity of the decision. The pleas based on the contested decisions are formal and procedural defects. If successful, these means result in the annulment of the decision ordering the doctor to be disciplined. These means constitute a separated legal cause and can only be invoked within the time limit for appeal, unless they are of public order.     

坚持科学发展观 促进中医药学现代化

中西医各有短长都不要无限夸大自身的优势。中西医互补整合是现代医学发展的潮流。学术争论不要政治化,科技管理要法制化,学者必须从浮华世态中醒悟过来,重建学者应有的人格和道德,纯洁科学的神圣殿堂。坚持科学发展观,中医药学才有长足的进步。     

非物质文化遗产跨国保护的法律对策

虽然国际社会对非物质文化遗产的保护进行了相关的立法,但是由于非物质文化遗产本身的特性和各国立法理念的差异,非物质文化遗产的跨国保护一直没有形成有效的机制。以至于出现了跨国侵犯非物质文化遗产权益的现象。我国拥有丰富的非物质文化遗产以及收集、保护的传统,同样面临着不断被外国组织或团体侵犯非物质文化遗产权益的现状。我国应当借鉴他国立法经验,进一步完善相关立法．积极参与国际规则的制定,提升非物质文化遗产的跨国保护水平。     

Legal Innovation for Social Change: Exploring Change and Resistance to Different Types of Sustainability Laws

In this article I argue that a desirable future direction for political psychology would be to pay more attention to social‐psychological processes involved in the response to innovative laws, in particular those devised with sustainability and environmental protection aims. This involves taking into account the following premises: (1) innovation and change are not unitary phenomena; instead there are different types of innovation; (2) legal and policy innovation is a specific type and is highly central in an era when global challenges are increasingly dealt with by global treaties which are then translated into national laws with a call to transform local practices; (3) offering attention to the reception of such innovation involves developing specific conceptual tools; (4) devising a typology of legal innovation is one step in this direction; (5) furthering our comprehension of how people, groups, and institutions receive—i.e., accept, contest—legal innovation for sustainability is important for helping to push forward sustainability goals, which are legislated but far from attained. The present article outlines theoretical tools for addressing psychosocial processes involved in the reception of legal innovation, drawing mostly on the approach of social representations and the literature of environmental psychology, and offers three criteria for a typology of laws. Finally I present some examples of responses to subtypes of legal innovation from the sustainability domain, taken as an illustrative case, and discuss differences and commonalities in the processes of acceptance and resistance that each mobilizes.     

Attribute Framing and Goal Framing Effects in Health Decisions

Levin, Schneider, and Gaeth (LSG, 1998) have distinguished among three types of framing—risky choice, attribute, and goal framing—to reconcile conflicting findings in the literature. In the research reported here, we focus on attribute and goal framing. LSG propose that positive frames should be more effective than negative frames in the context of attribute framing, and negative frames should be more effective than positive frames in the context of goal framing. We test this framework by manipulating frame valence (positive vs negative) and frame type (attribute vs goal) in a unified context with common procedures. We also argue that the nature of effects in a goal-framing context may depend on the extent to which the research topic has “intrinsic self-relevance” to the population. In the context of medical decision making, we operationalize low intrinsic self-relevance by using student subjects and high intrinsic self-relevance by using patients. As expected, we find complete support for the LSG framework under low intrinsic self-relevance and modified support for the LSG framework under high intrinsic self-relevance. Overall, our research appears to confirm and extend the LSG framework.     

论医患关系的法律属性

医事法（又称卫生法）究竟是属于民法的调整范畴还是属于行政法的范畴,国内学术界争议很大。从医学科学与医疗行为的本质特征看,医患关系并不具备民事法律关系所必须具备的主体平等、双方自愿及等价有偿互惠互利三大特征中的任何一个特征。同时也不存在行政主体与行政相对人的关系。为此,首次提出医事法既不调整横向的民事法律关系,也不调整纵向的行政法律关系,而是调整斜向的医事法律关系的一门独立的法律体系的理论。