病历法律评估研究

由于病历在医疗纠纷处理中具有核心证据价值,因而在医疗纠纷愈演愈烈的大背景下,医患双方对病历的证据效力的争执也变得日益复杂。由于法律专业人士不具有医学专业知识,因而对病历的真伪及证据价值的判断显得无能为力,为了正确判断病历的证据价值,为了更好地使用病历作为认定案件事实的依据,因而迫切需要启动病历法律评估。病历法律评价应当坚持全面性、整体性、规范性和不苛求的原则,由有相关专业知识和背景的专业人士依照法定程序,采用专业评估方法,对病历的完整性、规范性和客观性进行评价,并提出专业性的评估意见。     

Differing patterns of marriage between a city and villages in 18th century Korea: The case of Taegu Area

While the urban area was increasingly filled with middle- and low-status residents, the rural area was dominated by high-status settlers whose number increased because of migration from the city and natural growth. Remarkable differences existed between urban and rural marriage features such as marriage age and rate of remarriage. The more sincere adoption of the high-status marriage culture in the rural area may be attributed to its occupational homogeneity. In the rural agrarian settings, landlords, self-cultivators and tenants shared a similar living pattern and value system based on the agricultural cycle. The urban area, however, exhibited a variety of work patterns of local functionaries, artisans and merchants. Many middle- and low-status people might well have found the high-status culture of the rural area incompatible with their own.     

Differing patterns of marriage between a city and villages in 18th century Korea: The case of Taegu Area

While the urban area was increasingly filled with middle- and low-status residents, the rural area was dominated by high-status settlers whose number increased because of migration from the city and natural growth. Remarkable differences existed between urban and rural marriage features such as marriage age and rate of remarriage. The more sincere adoption of the high-status marriage culture in the rural area may be attributed to its occupational homogeneity. In the rural agrarian settings, landlords, self-cultivators and tenants shared a similar living pattern and value system based on the agricultural cycle. The urban area, however, exhibited a variety of work patterns of local functionaries, artisans and merchants. Many middle- and low-status people might well have found the high-status culture of the rural area incompatible with their own.     

Adolescent migrants from Normandy in Paris at the end of the 18th century

The article deals with the social and family environments and modes of departure of migrants from Normandy to Paris at the end of the 18th century. It also considers in-migrants' future once in Paris. This approach to long distance migratory phenomena — applied here specifically to follow a population of adolescents — was possible due to the fruitful linking of serial nominative sources, each created independently. For the departure zone, we have examined three regions in Normandy for which the population was reconstituted over a period covering the end of the 18th century. For Paris, we used the registers of identity cards, or cartes de sûreté, issued between 1793 and 1794. The typical portrait of the adolescent in-migrant consists of an individual who is the youngest member of a fairly large family. He was often born in a small town, not in a village. It is likely that his decision to migrate was not impeded by his father's refusal. Indeed, the father of the in-migrant was often dead when the son left. In-migrations tended to be isolated; the adolescent rarely joined a family member in the capital. Migration to Paris often seemed to lead to a rupture with the childhood region.     

Adolescent migrants from Normandy in Paris at the end of the 18th century

The article deals with the social and family environments and modes of departure of migrants from Normandy to Paris at the end of the 18th century. It also considers in-migrants' future once in Paris. This approach to long distance migratory phenomena — applied here specifically to follow a population of adolescents — was possible due to the fruitful linking of serial nominative sources, each created independently. For the departure zone, we have examined three regions in Normandy for which the population was reconstituted over a period covering the end of the 18th century. For Paris, we used the registers of identity cards, or cartes de sûreté, issued between 1793 and 1794. The typical portrait of the adolescent in-migrant consists of an individual who is the youngest member of a fairly large family. He was often born in a small town, not in a village. It is likely that his decision to migrate was not impeded by his father's refusal. Indeed, the father of the in-migrant was often dead when the son left. In-migrations tended to be isolated; the adolescent rarely joined a family member in the capital. Migration to Paris often seemed to lead to a rupture with the childhood region.     

The development of forensic medicine in the United Kingdom from the 18th century.

Forensic medicine in the United Kingdom includes both forensic pathology and clinical forensic medicine on the living. It began at the end of the 18th century, long after its development in Germany, Italy, France, and other countries in Europe. Initial beginnings were in Scotland, where a program began at the University of Edinburgh with the establishment of a chair in Forensic Medicine by Prof. Andrew Duncan Sr. The development in England began in London's Kings College Medical School with a chair held by Prof. William A. Guy. Later chairs in Forensic Medicine were established in Glasgow, Aberdeen, and in London, where Forensic Medicine was taught at St. Mary's Hospital Medical School, Guy's Hospital Medical School, London Hospital Medical School, Charing Cross Hospital Medical School, St. Thomas Hospital Medical School, and St. George's Hospital Medical School. In other cities in England, Wales, and Northern Ireland, departments were founded in Leeds, Manchester, Cardiff, and Belfast. Many textbooks were prepared during this time by professors from these medical schools and by others working in nonacademic areas. The development of coroner activities and those of the police surgeons is also part of the study of forensic medicine.     

Families and family structure in a Neo-Hellenic city: Hermoupolis in the mid-19th century

This article begins with the creation and development of the city of Hermoupolis and stresses its prominent economic role during the 19th century in the Greek state. It points out the problems of the official censuses and emphasizes the importance of the original source of the 1861 census of Hermoupolis, which was found in the city's municipal archives. It analyzes this source and offers some working hypotheses about the structure of households (where the dominant type is the simple family), the frequency of domestic servants, the wide spectrum of occupations, the origin of inhabitants, and social mobility based on 501 households (17%) representing 1901 individuals (17.52%) of the total for which we have information.     

医疗纠纷司法鉴定的法律依据--兼谈正确处理司法鉴定与医疗事故鉴定的关系

司法鉴定是指人民法院、人民检察院、公安机关、国家安全机关、监狱、仲裁机关以及当事人对案件立案前取证、诉讼、执行、仲裁过程中所遇到的专门技术、专门知识问题，委托有鉴定权的机构或鉴定人依法检验或判断的活动。当前，医疗纠纷诉讼到法院的案件日趋增多。在司法实践中，司法鉴定也作为判断医疗纠纷中医院是否具有过错及过错和损害后果之间的因果关系的一种常用方法。那么对医疗纠纷进行司法鉴定是否有法律依据呢？本文对于医疗纠纷进行司法鉴定的法律依据进行探讨。     

医疗纠纷司法鉴定的法律依据--兼谈正确处理司法鉴定与医疗事故鉴定的关系

司法鉴定是指人民法院、人民检察院、公安机关、国家安全机关、监狱、仲裁机关以及当事人对案件立案前取证、诉讼、执行、仲裁过程中所遇到的专门技术、专门知识问题,委托有鉴定权的机构或鉴定人依法检验或判断的活动。[1]当前,医疗纠纷诉讼到法院的案件日趋增多。在司法实践中,司法鉴定也作为判断医疗纠纷中医院是否具有过错及过错和损害后果之间的因果关系的一种常用方法。那么对医疗纠纷进行司法鉴定是否有法律依据呢?本文对于医疗纠纷进行司法鉴定的法律依据进行探讨。一、从医疗纠纷的定义上看:医疗事故只是医疗纠纷的一种广义上讲,凡…     

Medical diagnosis of legal culpability: the impact of early psychiatric testimony in the 19th century English criminal trial

Fast-paced developments in psychiatry, neuroscience and emerging neuroimaging technologies place continual pressure on the legal recognition of mental illness and disease across jurisdictional boundaries. Nevertheless, the Canadian legal definition of exculpatory mental disease in the context of criminal liability has remained largely static, sheltered from the immediate influence of medical theory and advancements. In order to effectively reflect on the intersection of mental health and criminal justice systems in this area, it is important to understand its historical development and the English common law origins of the current approach. Specifically turning to the early 19th century, documented history and accounts of early medical witness testimony on the mental state of the accused provide a unique opportunity to understand the initial collision between fundamental concepts of moral and legal culpability and new scientific understandings of mental function and disease. In this article, I suggest that early psychiatric testimony to the accused's mental state challenged the evolving criminal law of 19th century England to reconcile its restrictive definition of "insanity" with expanding scientific reasoning and accounts of mental disease. The trial of Edward Oxford, an attempted royal assassination case of 1840, is examined as a symbolic height in this conflict prior to the first common law pronouncement of the current approach in 1843. As debate continues on the role of medical advancement in the identification of exculpatory medical disorders in law, this historical perspective may serve as a touchstone in balancing the enforcement of legal culpability with our society's greater appreciation for mental illness.     

The investigation of the density of human hair in the forensic medical expert assessment of its similarity

Principally new, simple and objective method for investigation of human hair density is suggested. Hair identity in relation to a concrete person can be confirmed or excluded by statistical processing of the results obtained.     

Homicides in the federal city of Ulm in the first 5 decades following the 30 years' war

Reports about homicidal crimes after the end of the Thirty Years War from 1648 to 1699 were investigated with respect to the way and frequency of homicide, the social milieu and the consequences of the crime. Original sources from the municipal archives of Ulm were evaluated. Thirty six crimes of manslaughter were officially documented, out of these 30 crimes could be investigated. Most frequent was murder by puncture (11 cases) followed by striking dead (7 cases). Sixteen delinquents were arrested, 8 were executed and 3 absolved. In 9 cases the statements of a doctor or a barber were taken into account for judgement. Only in two cases of infanticide comments about the social background could be found. Delinquents as well as victims of the crimes belonged to various social classes. In the present view the years after several decades of war do not appear as a time of increased violence or legal insecurity.     

司法判决理由的法律解释的不足与完善建议

司法判决理由是司法权合理化最重要的指标,也是法官思维水平的最典型表现。作为证明司法结果正当性的关键因素,法官的法律解释构成了司法判决理由不可或缺的组成部分,理应在司法判决中得以充分展示。为了改变我国判决书中法律解释状况薄弱、判决理由不充分的局面,科学合理地写明法官对案件事实和适用法律的解释状况就势在必行。