我国公共卫生领域公民权利的法律研究热点及对策

公民权利保护在公共卫生领域法律处于核心地位，目前我国学者对其研究热点主要包括人身自由权、财产权、知情权、隐私权，但研究存在对公共卫生领域公民权利界定不够统一、法律依据不尽准确、研究着眼点有些片面等不足，今后应高度重视公共卫生公民权利的研究，加强研究其体系及其法律渊源，优先现有公共卫生法律体系的完善和配套，积极开展国际比较研究，辨证理解各公民权利之间的相互关系。     

二元化社会中的法律对公共卫生的消极影响——以艾滋病现象为例

在公共卫生的推进尤其在艾滋病防治中,法律的积极作用是显而易见的,但是其消极影响常为人们所忽视。一方面,法律作为一种桥梁或机制,将社会地位的不平等转化为健康的不平等,使艾滋病成为社会弱势群体的疾病;另一方面法律作为社会因素的一员,它通过社会等级和政治过程的制度形态体现出来,使健康的不平等制度化;在一个二元化社会中,由于艾滋病病人话语权的缺失,这个群体处于十分不利的法律语境之中。     

The Party Nucleus of a Soviet

In the decisions of the Central Committee of the Party on the work of local government authorities at various levels, attention has repeatedly been called to the need to make the groups of Party members in the Soviets more active and to assure that they will influence in every way the work of the bodies of representative government. This was also emphasized in the 1971 decree of the CPSU Central Committee, "On Measures to Further Improve the Work of the District and City Soviets of Working People's Deputies."     

Transforming Public Health Law: The Turning Point Model State Public Health Act

Law is an essential tool for improving public health infrastructure and outcomes; however, existing state statutory public health laws may be insufficient. Built over decades in response to various diseases/conditions, public health laws are antiquated, divergent, and confusing. The Turning Point Public Health Statute Modernization National Collaborative addressed the need for public health law reform by producing a comprehensive model state act. The Act provides scientifically, ethically, and legally sound provisions on public health infrastructure, powers, duties, and practice. This article examines (1) how statutory law can be a tool for improving the public's health, (2) existing needs for public health law reform, (3) themes and provisions of the Turning Point Act, and (4) how it is being used by public health practitioners.     

The Hermeneutics of Jurisdiction in a Public Health Emergency in Canada

This paper investigates the state of the law in Canada in regards to a public health emergency, and in particular the jurisdictional logic that might come into effect were a public health emergency to occur. Although there has yet to be a national public health emergency in Canada, threats of such crises are likely to arise in the future. It is therefore recognised as necessary to address Canada’s legal preparedness for a public health emergency and evaluate proposed reforms to the legal structure that could facilitate response. This paper contributes to this goal by identifying multiple jurisdictional factors that could inform legal interpretations in a public health emergency. It considers how the legal system and the courts are dealing with public health as a national security issue (political and collective matter) while taking into account s. 7 of the Canadian Charter (individual rights). It also looks at the power of the government defined in the Emergencies Act [1985, c. 22] and a proposed legal reform that would make it easier for the government to act unilaterally in a public health emergency. The paper draws on the legal theory of Robert Cover to analyse the hermeneutics of jurisdiction that characterise legal interpretations of public health in Canada, as well as the relationship between jurisdiction and legal violence that these hermeneutics imply. It then develops a case study of the use of medical triage in a public health emergency to explore the possibility of holding the state liable under private law for harm caused to individuals by public health decisions. The paper concludes by suggesting that the state’s public health power can be conceptualised as a form of legal violence and that the courts in Canada should adopt a jurisgenerative approach to legal interpretation in the area of public health.     

Advancing Health Rights in a Globalized World: Responding to Globalization through a Collective Human Right to Public Health

The right to health was codified in Article 12 of the International Covenant on Economic, Social and Cultural Rights as an individual right, focusing on individual health services at the expense of public health systems. This article assesses the ways in which the individual human right to health has evolved to meet collective threats to the public's health. Despite its repeated expansions, the individual right to health remains normatively incapable of addressing the injurious societal ramifcations of economic globalization, advancing individual rights to alleviate collective inequalities in underlying determinants of health. By examining modern changes to underlying determinants of health, this article concludes that responding to globalized health threats necessitates a collective right to public health.     

浅议政府对公共健康医药产业专利垄断的规制

公共健康医药产业是一个十分特殊的产业,某种程度上可能会决定一个区域乃至整个社会的人的生命安全.公共健康医药产业的专利垄断不仅具有一般产业专利垄断的技术特征,同时也具有其特殊性.针对这种特殊性,在鼓励科技进步和满足社会公众利益的前提下.应正确合理地处理各种利益冲突.     

校园人质劫持事件应对机制

劫持人质是校园恐怖活动的主要表现形式。分级负责、快速反应、生命至上和心理帮助是教育管理者应对危机情境的基本模式和策略。教育管理者有必要将危机管理作为学校发展战略的重要组成部分,分阶段地构筑起新型的校园危机管理体制。     

“十字锁肘”技术及其在公安实战中的应用

“十字锁肘”是一种既省力且杀伤力很强的关节控制技术，它是通过杠杆、反关节等原理来迅速攻击人体较为脆弱的肘关节，以达到迅速制服对手目的。“十字锁肘”技术简单易学、科学实用，而且可以举一反三，在公安实战中不但可以主动控制犯罪嫌疑人，而且也是一种很好的被动反擒拿技术。     

Health Systems Agencies: Public Health Service. Amendment to final rule

This regulation amends the Department's regulation governing the designation and funding of health systems agencies (HSAs) to provide that HSAs will no longer be required to conduct appropriateness reviews, conduct reviews of the proposed uses of Federal funds, or collect, and make available to the public, the rates charged for each of the twenty-five most frequently used hospital services in their States. The intended effect of this regulation is to reduce the functional burden on HSAs during a period of reduced funding.