An ethical protocol for complementary and alternative medicine practitioners in an orthodox medicine regime

Concern that has been expressed about the provision of complementary and alternative medicine (CAM) in an orthodox medicine context with regard to the possibility of a client not being referred to the latter when the condition is readily dealt with by it. There have been some negative outcomes for clients when orthodox medicine has not been used when it was clearly indicated. Complementary and alternative medicine has many strengths for clients but it behoves a CAM practitioner to consider circumstances when it is appropriate to refer a client to orthodox medicine or to work in a complementary manner with orthodox medicine. This article suggests some guidelines that CAM practitioners should consider when assessing the circumstances when referral to orthodox medicine is indicated to support ethical practice for the benefit of the client.     

Mainstream medicine versus complementary and alternative medicine in the witness box: resolving the clash of ideologies

Mainstream medical philosophy and practice differ in many respects from those of complementary and alternative medicine (CAM), differences which are explored in this article. Because of a resurgence of CAM therapies, courts and tribunals will scrutinise CAM in more and more contexts in the future. Such court cases may require the resolution of conflicts between opinions of CAM and medical experts. This article considers how courts evaluate such opinions where experts hold conflicting ideologies or philosophical approaches, and addresses the following questions: Do the opinions of CAM practitioners qualify as "expert" opinions in court? How do the courts examine the basis of such opinions? Are they systematically given less weight than the opinions of mainstream medical practitioners? Will recent procedural reforms for hearing expert evidence make it easier for courts to resolve these issues?     

Woman wins claim for tax deductability of complementary/alternative medical expenses

On 30 April 2001, the Tax Court of Canada granted judgment in favour of a Victoria woman who claimed that she should be entitled to deduct from her taxable income, as legitimate "medical expenses," her expenses for vitamin supplements and for rehabilitative therapies such as massage and therapeutic touch.     

Report on complementary/alternative health care and HIV/AIDS

In 2001, the Canadian HIV/AIDS Legal Network published a lengthy report on Complementary/Alternative Health Care and HIV/AIDS: Legal, Ethical & Policy Issues in Regulation. The document is the first in a series of papers to be produced by the Legal Network on priority legal and ethical issues related to HIV/AIDS care, treatment, and support. The article below summarizes the contents of the report.     

The regulation of traditional Chinese medicine practitioners in Australia

The Australian Government has recently recommended that all jurisdictions regulate Traditional Chinese Medicine practitioners along the lines of the Chinese Medicine Registration Act 2000 (Vic). In light of this recommendation, this article examines whether the Victorian legislation is an effective means of regulating a group of practitioners who operate under an alternative health care system. While the main focus is on the challenges of regulating of Traditional Chinese Medicine practitioners, the article also considers the broader issue of whether a statutory approach is the appropriate method of regulating unregistered complementary and alternative medicine practitioners.     

试论董事对公司的责任

我国《公司法》中有关董事对公司的责任的条款少 ,规定得过于原则 ,不利于操作。应当借鉴国外立法经验 ,加强与完善立法。     

The uncritical enthusiasts versus the uninformed sceptics: regulation of complementary and alternative medicines

The introduction of a treaty between Australia and New Zealand to regulate complementary and alternative medicines (CAM) has revived the age-old debate between advocates of conventional medicine and those of CAM, particularly with regard to the standards of regulation that should be applied. Currently, the systems for regulating CAM products in Australia and New Zealand are very different, making harmonisation contentious, as the proposed treaty follows the Australian system very closely. New Zealand and Australian principles of good regulatory practice stipulate that only minimum necessary standards should be imposed, and should be transparent, understandable and equitable. It is argued that the proposed treaty does not adhere to good regulatory standards, and that other forms of harmonisation should be sought to avoid adopting a regulatory regime in New Zealand that is overly restrictive and harmful to the New Zealand CAM industry.     

离职雇员的商业秘密管制：竞业禁止与保密义务

离职后的雇员保守前雇主的商业秘密和商业秘密以外的其他秘密,以及所承担的竞业禁止责任,这三者义务不仅在法理基础上有所不同,而且其法律依据也存在着差异。只有厘清三者义务的不同法律性质,才能准确的适用法律,法律背后的政策方能得以施行,当事人的合法利益亦有望获得合理的及有效的保护。     

授益行政的义务主体及义务属性

授益行政由一定的权利义务构成。授益行政对于受益人而言,主要意味着权利,但它同时也负有一定的义务;对于行政主体而言,主要意味着义务,但对个人和组织负有义务的又不仅限于行政主体,国家、社会、受益人以及第三人均负有相应的义务。合理界分各方义务主体的义务属性和义务内容,正确处理各方之间的关系,科学配置权利义务资源,是完善授益行政制度体系的前提条件。     

Transgender Marriage and the Legal Obligation to Disclose Gender History

Section 12 of the Matrimonial Causes Act 1973 as amended by the Gender Recognition Act 2004 requires transgender people to disclose their ‘gender history’ to the other party to a marriage prior to the marriage ceremony. Failure to do so enables the other party to exit the relationship through nullity proceedings. This article argues that this provision is discriminatory and encroaches on the right to privacy, breaching Articles 14 and 8 of the European Convention on Human Rights. It challenges the idea, implicit in the provision, that non‐disclosure of gender history is unethical or fraudulent. Crucially, the article considers and rejects the claim that discrimination against and encroachments on the privacy of transgender people are justified because inadvertent sexual congress with a transgender person is potentially harmful. Finally, if a consent‐based right to know exists, it argues that it ought to be trumped by considerations of justice, legal consistency and public policy.     

论债的科学性与统一性

在我国的债法研究和立法过程中,存在着一种与科学性及统一性对立的趋势,甚至是以法典化的形式体现出来的解法典化趋势.法学既然是一门科学(即使是人文科学)就应当首先注重逻辑判断,然后才是价值判断,不能以主观价值判断替代客观的逻辑论证.同时,应当坚持债的统一性.统一性的前提应该是坚持“物权二分”及其必然的逻辑后果,即物权行为与债权行为的独立性与抽象性.坚持债的客体的统一性,即债的客体是行为而非现在通说的“债的客体可以是物也可以是行为”,否则物权与债权的区分就要发生模糊;坚持用“请求权”统一债法,无论是合同、侵权、无因管理还是不当得利,后果都产生请求权;坚持物权救济措施与债权的救济措施相区分,坚持债权救济措施的统一性.     

刑法中义务冲突的解决

解决义务冲突应先将刑法中的义务与刑法中的利益严格区别开来,义务冲突绝不等同于利益冲突,因此不能以衡量利益大小的利益基准来衡量义务等级的高低.在刑法规范层面,应当基于义务基准来衡量义务和解决义务冲突,而这有赖于在刑法价值维度对秩序价值优先的坚持.     

我国公诉检察官客观义务及其履行

公诉工作是我国检察机关各项职能中最重要的一种。公诉有广、狭二义之分。公诉检察官应当承担广义上的客观义务。检察官承担客观义务有着诸多重要价值。为此，检察官应当在行使追诉职权的同时，履行法定的客观义务。