海峡两岸淫秽犯罪新论

淫秽犯罪是指与社会所否定的性行为和性关系直接或间接有关的犯罪。海峡两岸虽然在某种程度上对淫秽犯罪的社会危害性达成共识 ,但立法差异较大。我国淫秽犯罪立法起步虽晚 ,但进步快 ,体系日趋详备 ,在组织、强迫、引诱、容留、介绍卖淫 ,拐卖妇女、儿童与收买被拐卖的妇女、儿童 ,制作、贩卖、传播淫秽物品等犯罪的立法方面有其独特之处 ,体现了与淫秽犯罪斗争的坚定性与针对性。台湾淫秽犯罪立法则有法网细密、便于操作的特点 ,其对嫖宿未成年人、传播性病、猥亵等犯罪的立法值得借鉴。     

Attribution and the law

Complex theories of culpability have evolved in the law, which specify the circumstances in which an action is to be viewed as voluntary or involuntary, and justifiable or not justifiable. Legal theories also distinguish among varying degrees of responsibility for criminal acts depending, upon the mental state of the defendant. These theories have been developed, for the most part, on the basis oflogical analysis. Recently psychologists have begun toempirically study the judgmental processes used in assigning responsibility for actions. This article reviews both the legal and psychological approaches to the area and notes the potential contributions psychological research can make to our understanding of judgmental biases in the justice system. The empirical research can help indicate condition in which legal principles are ignored and replaced with common sense interpretations of the law and legal principles.Center for Criminal Justice Harvard Law School.     

Obscenity and the law

This paper examines whether a random sample of adults can apply local contemporary community standards regarding the acceptability of explicit sexual material. Inasmuch as the legal test employed in the U.S. for determining obscenity requires a jury to apply such standards, the research examines the practicality of such an approach. The analysis indicates that the best predictor of what an individual will perceive the community standards to be is the individual's own standards concerning sexual material. The implications of these findings are examined from both a legal and social science perspective. In addition, the consequences of not providing jurors information concerning local standards are discussed.A previous version of this paper was presented at the Annual Meeting of the Law and Society Association in Chicago, May 29–June 1, 1986. The authors wish to thank Debbie Edwards, Jane Warne, and the anonymous reviewers fromLaw and Human Behavior for their helpful comments and suggestions concerning the paper.     

Telemedicine and the law

The delivery of medical services through the use of modern technology is proving of significant benefit, particularly in remote communities where transportation of patients and medical practitioners is problematic. Technical systems supporting telemedicine-based consultations have been available for some years and more recently diagnostic services such as pathology and radiology have embraced this new technology. While teleradiology and telepathology allow medical services to be delivered across vast distances from highly populated areas to regions of low population density, the same technology can also deliver services across national and international boundaries. Where the patient and medical practitioner are located in different jurisdictions, issues arise regarding the regulation of medical service provision and this has an impact on the registration of medical practitioners, mutual recognition of training and specialisation and the administration of medical service provision. The increasing specialisation of medical practice and manpower shortages in key practice areas would suggest that there will be ongoing expansion of telemedicine services in the years to come. This will require greater standardisation of medical education, together with an improvement in arrangements for mutual recognition of medical practitioners across national boundaries.     

Discrimination and the law

Law and Human Behavior -     

Dementia and the law

The care for patients with dementia raises many legal (and ethical) issues. This article explores some of the more important topics, i.e. (early) diagnosis of the disease, the availability and provision of care, treatment and non treatment decisions, and medical research with dementia patients.     

民法与经济法价值之比较分析

本文首先从经济关系层面出发 ,对民法与经济法的互动进行了分析。指出二者价值差异的根源在于经济思想、公平理念和利益观的差异。二者价值体系在总体上具有一致性、谐和性和互补性。同时揭示了他们间的文化与精神的互补、功能的相互矫正及调整对象的交叉。