确立并践行新理念是形式主义问题的治本之策——以新冠肺炎疫情防控为例

形式主义是个老大难问题,治理起来相当困难。在新冠肺炎疫情防控过程中,尤其是在初期和一些地方,形式主义问题不仅存在还比较严重。在防控疫情这一“准战时”状态下,形式主义问题危害性更大。形式主义问题的根源是官僚主义,而官僚主义的形成有体制和思想两个层面的原因。从这两个层面施治,都属于治本之策,其中思想或理念层面的引领尤为重要。党的十八大以来,习近平总书记倡导并形成了三大新理念,即问题导向、结果导向和民意导向。与新理念相对立的旧理念正是形式主义问题的思想根源。新理念不只是理念,还是一套行动指南。只要确立并践行新理念,就能有效抑制形式主义问题的滋生,从而起到重要的治本作用。     

Covid-19 Pandemic,Social Mitigation and Taxation: The Open Veins of Inequality in Latin America

The pandemic of Covid-19 has exposed the veins of inequality in Latin America. With a socioeconomic disaster looming, social emergency policies seemed inevitable. Yet while governments argue over the continuity of such policies and whether the fiscal rules in place should be respected, no sustainable response has come out. This essay problematises whether the pandemic could represent a critical juncture to forge ahead with political narratives that highlight tax exemptions and privileges enjoyed by the rich. We analyse the mitigation measures adopted by Argentina, Brazil, Chile and Uruguay and their repercussions on the debate surrounding progressive tax reforms to fund social schemes.     

RemoteForensicCSI: Enriching teaching,training and learning through networking and timely CPD

The COVID-19 pandemic brought about rapid, transformational change to pedagogic practice on a global scale. During this time, educators across all levels needed to significantly broaden and upskill their digital skills and competence to instantaneously turn face-2-face content into remote, online provision, particularly during periods of national lockdown. Whilst there was significant e-content available in some subject domains, there were limited e-resources available to those working within the criminal justice sector. The #RemoteForensicCSI network was established in attempts to fill this gap and support both practitioner and learner transition within further and higher education and industry.This article evaluates the value and impact that the #RemoteForensicCSI initiative had on the personal development of network participants, their peers and learners, whilst considering, reflecting on and recommending how remote delivery may influence the future of teaching, training and learning within education and the wider criminal justice sector.     

美国冒犯性商标注册审查标准的变化及其启示——从涉新冠疫情商标申请谈起

《美国兰哈姆法》第2条a款和我国《商标法》第10条第1款第8项在国际公约义务和惯例、立法目的、条文开放性上有相似之处,但在商标注册层面的表达自由和遵循公序良俗边界的认定上差异巨大。表达自由不应逾越遵循公序良俗的国际惯例和国内司法习惯,美国式的完全放开商标注册层面的表达自由不符合我国传统价值观下公众的合理预期。我国在适用"不良影响"条款时需要把握表达自由与遵循公序良俗二者的界限,避免过宽适用"不良影响"条款而吞噬表达自由的空间,应以本土性价值判断克制条款的适用。     

Influenza A/H1N1 (2009) Infection as a Cause of Unexpected Out‐of‐Hospital Death in the Young*

Abstract: In March 2009, a new strain of influenza A/H1N1 virus was identified in Mexico, responsible for a pandemic. Worldwide, more than 13,500 patients died, most often from acute respiratory distress syndrome. Because sudden death cases were rare, involving mostly young apparently healthy persons, influenza A/H1N1 (2009)‐related deaths may be misdiagnosed, which can raise medico‐legal issues. Case history: we report on an unexpected out‐of‐hospital death involving a young male with no past medical history and no vaccination. Fever was his only symptom. Laboratory tests: histology showed patchy necrotic foci with mononuclear inflammation in the lungs. The heart was histologically normal, but virological analyses using molecular biology on frozen myocardial samples showed high virus load. In conclusion, this case report shows that influenza A/H1N1 (2009) virus can be a cause of sudden cardiac death in the young and demonstrates the importance of quantitative virological analyses for the diagnosis of myocarditis.     

The Worst Is Not over Yet: The Lives and Deaths of the ‘Self’ and ‘Others’ in Brazil's Response to the COVID-19 Pandemic

This paper focuses on the politics of life and death in Bolsonaro's Brazil during the COVID-19 pandemic. It is argued that while this administration, and the president himself, have long supported violence against individuals and social groups they did not see as fully human, their response to the pandemic marked a public transition from valuing certain kinds of lives as opposed to others, to a general contempt for human lives. The paper explores this transition by discussing the reification of the economy to the detriment of the people who produce and consume.     

2009 H1N1 Fatalities: The New Mexico Experience

Abstract: Histopathologic features of New Mexico 2009 H1N1 fatalities have not been representative of those reported nationwide. We retrospectively reviewed medical records of all New Mexico 2009 pandemic influenza A (pH1N1) fatalities (n = 50). In cases in which autopsy was performed (n = 12), histologic sections and culture results were examined. In contrast to previously published studies, the majority of our fatalities did not have diffuse alveolar damage (DAD) (2/12; 16.7%). Common findings included pulmonary interstitial inflammation and edema, tracheobronchitis, and pneumonia. Two cases had significant extra‐pulmonary manifestations: myocarditis and cerebral edema with herniation. The majority had a rapid disease course: range from 1 to 12 days (median, 2 days), and Native Americans were disproportionately represented among fatalities. These findings suggest that New Mexico H1N1 fatalities generally did not survive long enough to develop the classic picture of DAD. Pathologists should be aware that H1N1 may cause extra‐pulmonary pathology and perform postmortem cultures and histologic sampling accordingly.     

European Cooperation on Future Crises: Toward a Public Good?

As crises grow more transnational in origin and effect, managing them effectively will require international cooperation. This article explores the dilemmas inherent to producing common crisis management capacities across national governments. Drawing on the literature related to "international public goods," the article builds an approach for understanding these dilemmas through the lens of collective action and the perverse incentives associated therein. The article applies this approach to cooperation in Europe on an issue that typifies the transnational crisis—the spread of communicable disease—and highlights obstacles to European Union ambitions to build a robust system for disease surveillance and control. Having isolated the obstacles, the article then identifies solutions to facilitate cooperation toward more effectively producing the good in question.     

劳动给付不能时工资支付风险负担规则的反思 ——以新型冠状病毒肺炎疫情防控常态化为背景

疫情防控常态化背景下，企业可能会随时面临因防控措施导致的停工停产。这种劳动合同履行过程中既不可归责于劳动者也不可归责于企业的劳动给付不能，构成劳动合同的履行不能。研究认为，依据传统私法和劳动法的规则和理念，企业相较于劳动者具有较强的风险承担能力，应当承担继续支付工资的风险。但从宏观经济发展的角度来看，对于停工停产的企业来说，持续支付工资无疑是雪上加霜。全球疫情防控背景下，大部分国家通过社会保险制度的功能来分担企业的风险，通过社会保险补足劳动者的物质需求以达到保障就业的最终目的。研究的结论如下：我国应反思劳动法在应对疫情时的制度短板，在疫情防控常态化的背景之下，从劳资协商、劳动关系履行和稳岗就业三个层面来应对疫情带来的持续危机。