行政补偿制度基本理论研究

本文从行政补偿制度的历史发展展开,着重分析了行政补偿制度的性质、范围和程序,并提出了完善我国行政补偿制度的若干构想。     

Medicare program; update of the reasonable compensation equivalent limits for services furnished by physicians--HCFA. Notice

This notice sets forth updated payment limits on the amount of allowable compensation for services furnished by physicians to providers that are not covered by the prospective payment system or per resident payments for graduate medical education. These services are paid by Medicare on a reasonable cost basis. The revised reasonable compensation equivalent limits are based on updated economic index data and replace the limits that were published in the Federal Register on February 20, 1985 (50 FR 7123).     

The limits to internationalization of scientific research collaboration

This study analyses international research collaboration for eight science-based technologies in the Netherlands for the period 1988–2004. It is found that the share of international research collaborations in research collaboration is high, but not rising during the period investigated. This result suggests that the process of internationalization has reached an end. It is also found that collaboration between academic and non-academic organizations is less likely to take place at the international level than collaboration between academic organizations. This suggests that collaborating within national research systems helps academia, firms and governmental organizations to overcome differences in norms, values and incentives. Nonetheless, international collaboration between academic and non-academic organizations is also frequently occurring. Some consider these collaborations as undesirable, insofar academic research funded domestically is ‘leaking’ to foreign firms in such research collaborations. Such unwanted knowledge spillovers has lead some to plea for a ‘technology-nationalism’ in science policy instead of a ‘techno-globalization’. An analysis of the ‘balance of trade’ in international collaborations between Dutch academia and foreign firms and between Dutch firms and foreign academia shows that fears for unwanted knowledge spillovers are unfounded.

Principles and juridical limits to human embryo research]

This work intends to provide a wide scope of the legal situation in Brazil referred to Human Embryos and how it has been developed through the 20th century. Across the last century, the human being got the possibility of making genetic experiments with human embryos. Our main goal is to assume the future responsibility of these actions through a juridical and ethical point of view.     

海上人身伤亡损害赔偿标准类型化研究

将海上人身伤亡赔偿标准类型化,提出了不同类别海上人身伤亡民事赔偿的法定标准或学理标准。以法学解释论为手段,通过规范分析,就现行法上的海上人身伤亡赔偿标准进行合乎立法旨意的阐释和评析,同时还从立法论的视角出发,对海上人身伤亡赔偿标准的应然状态加以研究,提出了通过修法程序修正过时赔偿标准的学术建议。     

Workers' compensation. A psychiatric follow-up study

In a follow-up survey of 106 settled workers' compensation cases which involved some degree of psychiatric impairment, there was found to be a high prevalence of cases in which the settlement correlated with no improvement in the patient's subjective feelings of well-being, and no improvements in employment status. There was also a large percentage of cases in which the individual continued to operate at a less adaptive level of functioning, as judged by the evaluating clinician.     

损伤参与度的评定标准

绪言在人身伤害事件中，由于损伤或者损伤所致的继发症、并发症（称为损伤相关伤、病）的作用，出现个体死亡或者肉体障害和精神障害的场合下，必然涉及到人身伤害事件相关损伤是否与这种结果的出现有因果关系的问题。如果有因果关系，那么相关程度为多少呢？这种相关程度的讨论已经成为赔偿医学和法学界共同关心的话题。法学家对损伤相关伤、病在人身伤害事件结果中的相关程度判断早已认为不能单纯地以有或无的二者择一的思考方法去判断。1968年，日本的加藤一郎、野村好弘就提出在多种因素共同作用引起伤害时，必然涉及到如何采用分割的方…     

损伤参与度的评定标准

绪言 在人身伤害事件中,由于损伤或者损伤所致的继发症、并发症(称为损伤相关伤、病)的作用,出现个体死亡或者肉体障害和精神障害的场合下,必然涉及到人身伤害事件相关损伤是否与这种结果的出现有因果关系的问题.如果有因果关系,那么相关程度为多少呢?这种相关程度的讨论已经成为赔偿医学和法学界共同关心的话题.     

论医疗损害赔偿原则体系

我国《医疗事故处理条例》对医疗损害赔偿实行单一的限额赔偿原则,且赔偿范围规定不全面,使得该条例不能有效和合理地处理所有的医疗损害赔偿,并使得该条例在医疗损害赔偿诉讼中日益边缘化。鉴于此,本文提出一种适应全部医疗损害赔偿的赔偿原则体系,该原则体系由全面赔偿原则、限额赔偿原则、惩罚性赔偿原则和衡平赔偿原则构成。