从医患冲突看医患权利保障的社会环境

从医患冲突的现状、产生的原因以及如何保障医患双方的合法权益等三方面对当今愈演愈烈的医患冲突问题进行了深入细致的分析,认为导致医患冲突的原因除了医疗管理缺陷与医疗服务问题等表面因素外,还有着诸如价值观念、权利意识、法制观念甚至传媒介入等涉及到社会综合环境的深层次的社会原因,必须加以重视.随着改革开放的不断深入,医患双方的利益格局发生了新的变化,只有从改善社会环境背景入手,才能适应这一变化,才有可能减少医患纠纷的发生,最终使医患双方的合法权利得到保障.     

有关司法介入医疗纠纷案件的探讨

司法程序是法律保障公民权益的最有效方式,在司法介入医疗纠纷案件时应当持有审慎的态度,坚持必要的原则,把握司法介入医疗纠纷案件的范围、时机,完善司法技术,注意司法处理结果的影响,以保证医疗纠纷案件的公正,并且最大限度避免司法程序带来的负面效应.     

对医疗纠纷问题的探讨——62例医疗纠纷临床分析

通过62例医疗纠纷的分析,证明医生的诊断和治疗是引发医疗纠纷的重要原因。经营医院的观念,对医疗纠纷的产生起到了一定的催化作用。为此,医疗纠纷的防范不仅要加强和完善制度的落实,更要加强医护人员的业务学习,提高医护人员的敬业精神,使之与社会的发展、人民的需求相适应,更要处理好政府、医院、患者之间的关系。     

举证责任倒置对医疗纠纷诉讼的影响

举证责任倒置是一般举证责任原则的例外,在医疗纠纷诉讼中施行举证责任倒置的法理依据。主要是医患双方的诉讼地位不平等和医患双方的信息不对称,导致患方举证困难,实施新的举证规则后,必将会对医疗纠纷诉讼产生一系列的影响,医方对此要有深刻的认识并积极研究其对策。     

Sexuality And The Internet

Supporters of dominant scientific theories sometimes attack competing, less favoured theories in ways that conflict with expectations of proper scientific behaviour, for example by using double standards. To reduce concern about their actions, supporters can use a variety of techniques: cover up the violation of expectations; devalue the competing theory and its advocates; interpret the process as proper; use expert panels, meetings and other formal processes to give a stamp of approval to the dominant view; and intimidate opponents. These are the same five methods used regularly by perpetrators of actions widely seen as unjust, such as violent attacks on peaceful protesters. When these methods fail, the attack can backfire on the attackers. Orthodox scientists’ treatment of the theory that AIDS originated from contaminated polio vaccines used in Africa in the 1950s illustrates how this framework can be applied to science. Opponents of this theory have used all five methods of inhibiting concern about violations of expected scientific behaviour. This analysis shows why supporters of orthodoxy have a tactical advantage over challengers.     

The development of territorial-induced intermale agonistic behavior in albino laboratory mice

Male mice of the CF-1 strain (Mus musculus) were allowed to take up lone residence in a small territory consisting of a 60-cm enclosure attached by a tubular runway to a standard mouse cage with food, water, and bedding. A group of ten mice, each of which resided in its own separate enclosure for 24 hours, were more aggressive toward intruders than other groups of ten mice following six-hour residence periods, or no such residence. Aggression toward intruders increased in repeated weekly tests of the six-hour residents, but after four weeks of testing did not reach the maximum stable level displayed by the 24-hour residents over four weeks of testing. In another experiment, the 24-hour residence period of groups of 20 CF-1 male mice was disturbed by briefly removing the mouse from the enclosure, before introducing the intruder, at various intervals prior to testing. Removal of the resident five minutes before testing resulted in a marked decrease in aggression toward intruders. Although lesser decreases in aggression followed intervals of 30, 45, and 60 minutes, a 180 minute interval resulted in no appreciable effects compared to undisturbed controls. It is concluded that exposure to the stimuli provided by the enclosure results in an aggressive readiness in the resident mouse which reaches a high level within a 24-hour period.     

建立统一的医疗责任鉴定制度

针对医疗纠纷越来越严重、越来越趋于恶化的现状,指出医疗责任鉴定制度不合理、鉴定程序不规范是重要原因之一。通过对我国现存医疗责任鉴定制度的剖析,同时借鉴国外有关司法鉴定的相关规定,提出建立统一的医疗责任鉴定制度的构想。     

医调委:功能冲突与制度调适

为了回应日益严峻的医患冲突, 医患纠纷人民调解委员会 (简称"医调委") 这一专业性调解组织在全国范围内被广泛地组建起来。研究表明医调委既要维护医疗场所秩序稳定, 又要满足患方权利诉求, 同时还需要保护医疗机构的合法权益, 在很多时候, 这些功能需求存在尖锐的冲突。虽然医调委发展出一些制度性策略来缓和这些功能冲突, 但是效果有限。医调委的长远发展在很大程度上受制于医疗诉讼, 为医调委的长远发展考虑, 需要从理论上进一步思考其组织定位。     

Territorial prior residence,size asymmetry,and escalation of aggression in convict cichlids (Cichlasoma nigrofasciatum Günther)

The present study was designed to assess the effects of resident versus intruder size differences upon the territorial prior-residence effect and level of territorial aggression in convict cichlids. Prior to a direct territorial dominance encounter, pairs of fish were randomly composed for one of three experimental treatment conditions: 1) the resident having a body-length 20–30% larger than that of the intruder, 2) the intruder having a body-length 20–30% larger than the resident, or 3) the combatants' body-lengths differing by no more than 5%. After a 3-day territorial acclimation period in their individual territories, the subject designated as the intruder was introduced to the resident's territory. For each encounter the pairmember that attacked first and the one that ultimately established dominance were recorded. Also measured during the encounter were the total number of bites, resident bites, intruder bites, and jaw-locking frequency and duration. The results revealed that there was a significant resident advantage in the resident-larger group. The intruder-larger group resulted in a significant intruder dominance advantage. However, no significant dominance advantage occurred in the same-size group. As predicted by game theory, there was significantly less escalation of aggression in contests in which one combatant held both designated asymmetric cues (prior residence, size) than in contests in which one combatant had prior residence, or when these two asymmetric cues were divided between the pairmembers. The size asymmetry is more important in determining dominance than the prior-residence asymmetry, for the particular size-difference range selected in the present study.     

Analyzing Argumentative Discourse from a Rhetorical Perspective: Defining `Person' and `Human Life' in Constitutional Disputes Over Abortion

In this paper, a case study is presented of constitutional debates about abortion. An analysis is given of arguments from the Roe v. Wade case for definitions concerning the key notions of `person' and `human life'. The paper illustrates how the Court has gradually taken a more pragmatic or rhetorical position on definitional matters crucial to the purpose of regulating abortion.