公民健康权利与义务立法研究——兼评《基本医疗卫生与健康促进法(草案)》第2章

综观世界各国的立法实践,公民健康权利与义务大致呈现出单独式、专章或专节式、分散式三种立法模式。在立法内容上各国更为侧重确立和保护公民健康权利,对公民健康义务的规定则相对粗疏简略,除医疗服务获得权、知情同意权、隐私权与尊重医务人员及他人的义务、支付医疗费用的义务等部分权利、义务类型没有较大争议之外,各国均保有较大的差异性。我国应当系统整理现有医疗卫生立法及其他相关法律文件,将公民健康权利与义务协调规定在未来的民法典和"基本医疗卫生与健康促进法"之中,同时借鉴国外的先进经验,增设投诉权、病历查阅权和复制权以及爱惜健康、支付医疗费用、遵守医疗机构规章制度等权利与义务,并对儿童等特殊群体提供特别保护。     

The Impact of Ethical Leadership on Police Officers’ Code of Silence and Integrity: Results from the Turkish National Police

This study aims to investigate the perceived seriousness of integrity violations and the impact of ethical leadership on integrity and the code of silence by using structural equation modeling. The results suggested that integrity violations are regarded by Turkish officers as serious offenses, as they are perceived by their colleagues in other countries. The study also revealed the existence of the code of silence among police officers. Finally, it suggested that leadership positively affects the integrity of police officers and has a significant effect on breaking the code of silence in Turkey. Based on the findings, policy implications were discussed.     

犯罪论对刑法典的形塑作用——以德国犯罪论与刑法典的关系史为线索的考察

刑法典与犯罪论体系的关系是犯罪论体系论争的一个前提性问题。对此,主张"维持论"的学者提出了"刑法典对犯罪论具有制约关系"的命题。通过对德国犯罪论与刑法典关系史的考察,可以看出,无论是构成要件、违法性还是罪责,都不是德国刑法典的产物,而是德国刑法学者智慧的产物。更为重要的是,阶层犯罪论体系的这些基本概念,通过在刑法学界形成共识之后,形塑了德国刑法典的发展。我国犯罪论体系的建构不应拘泥于刑法典本身的规定,因此引入德国阶层犯罪论体系并不存在障碍。     

Courtroom proverbial murals in Lebanon: a semiotic reconstruction of justice

Inspired by the “rituality” and “symbolism” of the courtroom as a discourse of space, this paper sheds light on the semiotic weight of the tiled-mosaic murals of Arabic proverbs displayed in the courtrooms of the Palace of Justice in Beirut, Lebanon. This paper attempts to draw attention to the discursive importance of these courtroom proverbial murals in the conceptualization of justice in the Lebanese legal and judicial system by unfolding the semiotic code of the proverbial murals. This work categorizes the murals under investigation (20 murals) into three “functional” or semiotic categories: social (six proverbs), quasi-judicial (nine proverbs; three of which are religious, two ethical, and four political) and judicial (five proverbs). On a positive note, this investigation highlights the functionality of the linguistic (i.e. proverbiality) and artistic (calligraphy and design) components of the proverbial murals as a semiotic tool to inter-faith national unity in Lebanon. Nonetheless, the same semiotic features signal a spatially “mutating” justice, from one courtroom to another and thus a socioethical, religious and political relativism in perceiving justice.     

Rugoscopy: Predominant Pattern,Uniqueness, and Stability Assessment in the Indian Goan Population

The palatine rugae possess unique characteristics that could be used when it is difficult to identify a dead person according to fingerprints or dental records. They are permanent and unique to each person. The rugae are surrounded by cheeks, lips, tongue, and buccal pad of fat; hence, they remain protected in trauma, incineration, or mass disasters. Their pattern of orientation is formed by the 12th to 14th week of gestation and remains stable throughout life. In this study, dental casts of 120 patients were analyzed for individual rugae characteristics and strength and subsequent individual codes were given. No two individuals were having exactly matching rugae codes. Dimensions of rugae pattern, incisive papilla, and midpalatal raphe were also noted. Rugae were reevaluated after one year to check its stability, which showed no significant difference. The coding system followed can be adopted as a good and simple technique to achieve electronic transfer of the records of the palatal rugae.     

Normalization of antisemitism, 1880–1900: the case of a Jesuit community in Rome

The significance of the political antisemitism of the 1880s and 1890s for developments in the twentieth century remains controversial. Researchers have been divided as to whether the antisemitism of the nineteenth century, or even earlier, was one of the factors that made the Holocaust possible, or whether it was a phenomenon with little or no relevance for subsequent events. The decline of most antisemitic political parties at the beginning of the twentieth century appears to support the latter point of view. Yet some commentators, such as Shulamit Volkov and Peter Pulzer, have convincingly suggested that the importance of nineteenth-century antisemitism lies less in the political fortunes of antisemitic parties than in the way antisemitism came to penetrate civil society. Thus, they have argued, antisemitism came to form a component of a widespread conservative and anti-liberal world-view. Following Pulzer and Volkov, it might be desirable to investigate the processes by which antisemitism could have been transformed from an extremist political position into a common element in the outlook of broad portions of European society: mechanisms that have remained largely unexplored. Dahl's article studies the normalization of antisemitism in the two last decades of the nineteenth century through a scrutiny of shifts in the attitudes to Jews of a restricted group of Italian Jesuits. The analysis is based on a detailed study of La Civiltà Cattolica, a Jesuit community in Rome that published a journal of the same name. Since its foundation in 1850 this institution has been an authoritative exponent of Catholic policy and is generally perceived as having been a protagonist in the formulation of a Catholic stance towards the ‘Jewish question’ in the later nineteenth century. Dahl shows that, while in the early 1880s, most members resisted or opposed the use of antisemitic propaganda, through the following two decades the attitudes of virtually all of them became tinged with antisemitism, supporting the hypothesis that antisemitism became part of a widespread ‘culture’. In his analysis, Dahl does not focus on the wider circulation of ideas that influenced the Roman Jesuits, but on the dynamics within the institution that made possible the gradual acceptance of antisemitism, arguing that a debate over antisemitism among the Jesuits in the early 1880s was a crucial moment in this development. As they failed at this early stage to formulate an anti-antisemitic response, they allowed antisemitism to become part of the culture of their institution, and rendered its later rejection practically impossible.     

潘德克吞立法模式的当代价值与我国民法典的模式选择

潘德克吞立法模式为<德国民法典>所首创,并为大陆法系许多国家民法典制定所效仿.潘德克吞立法模式之所以被众多国家所效仿,是因为其概念化、逻辑化和体系化的优势可以补充大陆法系民法在司法实践中的不足.潘德克吞体系在21世纪的今天依然有其价值.我国在未来民法典的制定中应顺应传统,借鉴并采取潘德克吞立法模式.     

利用暗记特征鉴别彩色激光打印、复印文件

目的探讨激光打印机的暗记特征,为鉴别彩色激光打印、复印文件找到一种有效的方法。方法根据不同物质对光的反射特性及蓝色与黄色互补特性的原理,采用420nm左右蓝光照射方法,对部分品牌彩色激光打印、复印文件进行了初步分析研究,总结了暗记点阵形态特征、小点形态特征、出现位置特征和排列含义等特征。结果此方法对彩色激光打印、复印机具的种类鉴别和个体鉴别简便、有效。     

立足法律监督角度审视《民事诉讼法》的修改

"申诉难"与"执行难"这两大固疾困扰司法实务由来已久,此次《民事诉讼法》的修改在解决这两大难题方面作了突破性立法。修改后的《民事诉讼法》就解决"申诉难"问题进行了详细的规定,作为法律监督角色的检察机关如何应对《民事诉讼法》的修改后的新局面将成为民事检察工作的当务之急。检察机关应提高对民事诉讼审判活动的监督能力,明确民事诉讼监督的当务之急,强化民事诉讼监督理念和提高民事抗诉水平。     

中国民法典的体系

民法典的体系对民法典的制定至关重要 ,因为我国民法典的编纂不可能采取简单的汇编而不注重体系的模式 ,而应当采取逐步制定单行法 ,并按照一定的体系组合、修改、补充、完善的模式。这就是说 ,首先应当制定和修改各项民事法律和法规。然后 ,按法典体系对其修改、补充、完善 ,最终形成体系完整的民法典。将现行民事立法编入民法典中并非简单的汇编 ,而应当重新组合和完善。