论记者拒证特权与消息来源保密义务

很多国家的法律及新闻职业伦理规范普遍规定了记者的消息来源保密义务和司法上的消息来源拒证特权,而在我国并没有规定,基于表达自由这一国际社会公认的基本价值,对该问题立法上应予以充分重视。     

Profiles of punishment and privilege: secret and disputed deviance during the racialized transition to American adulthood

This paper combines Glenn Loury’s (The anatomy of racial inequality. Cambridge, MA: Harvard University Press, 2002) thought experiments about racial inequality with Howard Becker’s (Outsiders: Studies in the sociology of deviance. New York, NY: Free, 1963) typology of deviance to guide the analysis of three waves of the National Longitudinal Study of Adolescent Health. The results reveal the racial anatomy of punishment and privilege during the transition to American adulthood. Our analysis points to a substantial pool of white American youth and emerging adults whose partying behavior is a prevalent form of unsanctioned secret deviance. These disproportionately white and economically advantaged secret deviants contrast with a smaller but significant number of African-American youth and emerging adults who dispute their designations by the juvenile and criminal courts as official deviants. While the privileged position of a party subculture may in social–psychological terms be enabling and even empowering for youthful and affluent white Americans, the selective punishment of other forms of drug activity and delinquency is disabling for African-Americans in profound and less recognized ways. The importance of the data presented in this paper is to expose the comparative probabilities of black and white punishment and privilege. The results reveal concealed racial conventions involved in the construction of the American collective conscience, which Loury identifies as a source of our cognitive imprisonment.     

医务人员的“医患沟通”能力是和谐医患关系中的重要保障

本文分析了医务人员在医患关系中所处的地位,认为构建和谐医患关系的主要力量是医务人员;同时在如何构建和谐医患关系方面,又探讨了“医患沟通”对医患关系改变的重要作用;进而阐述了“医患沟通”的内涵特征,同时指出提高医患沟通能力的注意要点。通过本文的探讨,可以认为提高医务人员医患沟通能力是构建和谐医患关系的重要保障!     

The defence of therapeutic privilege in Australia

Therapeutic privilege is a defence that excuses a medical practitioner or other health professional from complying with the requirements of full disclosure to a patient in circumstances where it is reasonably considered that such disclosure would be harmful to that patient's health or welfare. Although the concept originated in the United States, the defence has been applied in Australia, and was specifically endorsed as part of Australian law by the High Court in Rogers v Whitaker (1992) 175 CLR 479. However, there has been negligible application of the defence since that endorsement. This article examines the doctrine of therapeutic privilege in the present Australian medico-legal environment. After an examination of the concept and its three constituetent elements, the article canvasses the limited instances of judicial approval of the defence prior to Rogers v Whitaker. The author then analyses, by reference to reported and unreported case law, why the defence has been so narrowly interpreted since, such that it has come to occupy an almost untenable position in Australia's medical jurisprudence.