实现“新农村法治化”的若干问题浅析

建设社会主义新农村,是我国社会主义现代化进程中的重大历史任务。社会主义新农村建设涵盖了农村经济、民主政治、文化和社会生活的各个方面,要实现社会主义新农村全面、协调、可持续发展,法治是支撑和保障。没有法治的支撑和保障,我们进行的社会主义新农村建设会出现“跛脚”现象。农村法治化为社会主义新农村建设保驾护航。本文阐述了新农村建设中加强农村法治建设的重要意义,推进农村法治化进程的制约因素以及实现农村法治化的路径选择。     

Moral authority in law and criminal justice: Some reflections on Wilson's The Moral Sense

William H. Simon, The Practice of Justice: A Theory of Lawyers’ Ethics Cambridge, MA: Harvard University Press, 1998, viii + 253 pp.     

对外国卫生法学课程教材建设的若干思考

“外国卫生法”作为新开设的一门卫生法学专业特色课程,由于统编教材的缺少,给老师的教学和学生的学习都来了负面影响。外国卫生法学教材的编写要面向师生,既为教师而写又为学生而写。授课教师可以参与教材编写,但同时也要吸收法学专家和实务工作者参加,教材编写的内容和体系要坚持理论、立法和实践的三位一体。在教材编写时将国际卫生法的内容纳入其中,教材采用夹叙夹议的方式予以阐释知识点,同时注重知识的系统性,与其他卫生法学的教材做好衔接和过渡。     

The importance of teaching dispute resolution in a twenty-first-century law school

Civil justice reviews over the past 20 years have encouraged the use of alternative dispute resolution (ADR) and particularly mediation. Mediation is arguably now becoming more mainstream in terms of dispute resolution process choice. In some instances law changes have been introduced requiring parties in dispute to consider using mediation; similarly, lawyers have an ethical responsibility to provide advice to their clients about the range of dispute resolution processes available. What is lacking however is a corresponding appreciation of the changing attitudes to the teaching of dispute resolution in the majority of UK law schools, where the promotion of adversarialism within the curriculum appears to remain the focus as the primary and only method of dispute resolution. The article argues that this is unreflective of current attitudes and thinking towards dispute resolution in most common law countries, where litigation is no longer necessarily the primary dispute resolution process of choice. Whilst there was token appreciation of the importance of mediation advocacy and its inclusion recommended within the Bar Practice Training Course (BPTC), the recent Legal Education and Training Review was silent on any suggestions about the inclusion of dispute resolution based curriculum content at any stage of legal education in England and Wales. The article will explore the historical development of lawyers’ attitudes to dispute resolution within the civil justice arena and academics’ teaching of curriculum associated with it in UK law schools. The article will pose questions on why recent legal history suggests that law schools should now perhaps take a more socio-legal approach to their curriculum content and embrace the teaching of dispute resolution as a defined subject area for the twenty-first-century law school.     

Some reflections on the legitimacy of international trial justice

This paper addresses a number of interrelated conceptual difficulties that impact adversely on the ability of international criminal trials to deliver outcomes perceived as legitimate by victims and communities in post-conflict states. It begins by exploring the extent to which those moral justifications for punishment espoused by international courts are instrumental in marginalizing the aspirations for justice of victims and victim communities, and suggests how a greater appreciation of the sociological context of punishing international crimes can contribute towards an improved understanding of normative practice. The paper then examines the relationship between perceptions of international crime and punishment, and the broader issue of whether international criminal law provides an appropriate normative structure for giving effect to those universal humanitarian values concerned with punishment in an increasingly pluralistic world. Finally, the paper considers how the theory and practice of punishing international crimes can more effectively satisfy both local and global aspirations for post-conflict justice through enhancing the transformative capacity of international criminal trials.     

论医学法学专业培养模式中的若干问题——从医学法学专业人才的需方市场角度

“医学法学”作为一个新型专业方向，各高校在专业建设方面电呈现出多样化的特点。而从医学法学专业人才的需方市场角度进行分析，则对课程如何设置、学制如何、专业归属何处等问题都可以有一个较清晰的答案。     

Recent developments in medicine and law

This article addresses important developments in the field of medicine and law during the period of September 2000 through August 2001. It does not discuss every reported case or piece of legislation but surveys some of the more significant developments in the medicine and law arena.     

论医学法学专业培养模式中的若干问题——从医学法学专业人才的需方市场角度

“医学法学”作为一个新型专业方向,各高校在专业建设方面也呈现出多样化的特点。而从医学法学专业人才的需方市场角度进行分析,则对课程如何设置、学制如何、专业归属何处等问题都可以有一个较清晰的答案。     

Recent developments in medicine and law

This article focuses on certain noteworthy legislation and cases affecting medicine and law during the period September 1, 2001, to August 31, 2002. It does not attempt to discuss every case or piece of legislation, but instead seeks to summarize some of the more significant developments in this area of law.     

Recent developments in medicine and law

This article addresses important developments in the field of medicine and law during the period of September 1999 through August 2000. Although it does not discuss every reported case or piece of legislation, it broadly surveys some of the more significant developments in the medicine and law arena.     

Recent developments in medicine and law

This article addresses important developments in the field of medicine and the law during the last year and highlights some of the significant areas of law affecting health care providers that should be considered. Actions against health care providers may include challenges to peer review immunity, allegations concerning the practice of medicine across state lines without a license, and even accusations of wrongfully assisting a patient to commit suicide. These areas are addressed in turn by this article. Finally, antitrust developments over the last year are briefly addressed as an emerging area of concern for providers forming complex practice networks in today's health care arena.