英美司法鉴定制度简介

本文主要介绍了英美的司法鉴定制度,包括:鉴定机构的设置、鉴定人的诉讼地位及适用规则、鉴定人的资格、鉴定结论的功能范围、鉴定人的义务、鉴定结论的披露等。此外,作者还将上述制度与我国的司法鉴定制度作了比较,并认为,英美的司法鉴定制度对我国当前的鉴定制度改革有一定的借鉴意义。     

Animal protection and legislators in Britain and the United States

This article considers the reaction of legislators to the emergence of animal protection as a political issue. A quantitative analysis of legislative behaviour in the House of Commons and the House of Representatives in the late 1980s and early 1990s reveals (mainly through the identification of a small but significant group of legislators willing to promote concern for animal welfare) that the growing societal concern for animals has permeated into the political institutions of Britain and the United States. Examining the characteristics of these legislators suggests, moreover, that the most significant variable is party label, with concern for animals being associated with parties of the centre‐left. It is further suggested that there are good reasons to suppose that this association is no accident and that ideologically, there is a fit between animal protection and the ideals of the left.     

To clone alone: the United Nations' Human Cloning Declaration.

The United Nations labored for almost four years to create a treaty governing human cloning. In 2005 that effort was abandoned, and instead the United Nations' General Assembly adopted a "Declaration on Human Cloning".     

Reforming Leasehold: Discursive Events and Outcomes, 1984–2000

This article uses discourse analysis to explore and explain the limits of ongoing efforts to resolve the problems experienced by long leaseholders living in private flats in England and Wales. Attention is focused on the position of leasehold within the three discourses of property law, housing, and housing law, as revealed through the language used in legislation, consultation papers, Law Commission reports, political statements, media representations, and the accounts of leaseholders themselves. The implementation gap between legislative intentions and effects, so often neglected in discussion of housing policy, is explored. The article considers policy and legislation in the light of a metanarrative encompassing all aspects of the multi-occupancy of blocks of flats.     

Heroin maintenance in Britain and heroin for the relief of pain in the United States of America

SUMMARY

The British themselves have recognized that heroin may not be the safest and most appropriate form of treatment for heroin addicts. The percentage of narcotic addicts in Britain being treated with methadone alone has risen steadily from 58% (of 1,549 addicts) in 1971 to 67% (of 2,588 addicts) in 1981. Also, the percentage of narcotic addicts receiving heroin alone has dropped from 7.1% (of 1,549 addicts) in 1971 to 2.6% (of 3,844 addicts) in 1981. The amount of heroin prescribed to addicts also fell from 22,778 grams in 1969 to 8,501 grams in 1978.

Further increases in the use of oral methadone and sterile injectable methadone, and resulting decreases in unsterile injections of heroin, would no doubt greatly diminish the incidence of death and severe disability in the treatment of British addicts.

On the issue of heroin's use for intractable pain, there is no evidence that heroin has unique advantages over other drugs. When given in equivalent doses, morphine has been proven to be as effective as heroin, orally or subcutaneously, for the relief of pain. In fact, heroin is rapidly converted into morphine in the body. Given the fact that heroin is the drug most narcotic addicts prefer, legally stocking the drugs in pharmacies, hospitals, and hospices would pose serious security and personal safety risks at these facilities. It is possible, in fact, that most pharmacies would refuse to stock the drug.     

Physicians' conflicts of interest in Japan and the United States: lessons for the United States

Japanese health policy shows that even with physician ownership and the absence of for-profit, investor-owned health care, physicians' conflicts of interest thrive. Physician dispensing of drugs and ownership of hospitals and clinics were justified in Japan as ways to avoid commercialization of medicine. Instead, they create physicians' conflicts and fuel patient overuse of services. Japan's Ministry of Health and Welfare (MHW) has responded by introducing per-diem payment, thereby creating incentives to decrease services in ways similar to those of American managed care organizations, but with none of their benefits, such as coordination of care, oversight of physicians practices, and quality assurance. Although the United States and Japanese health care systems are organized and financed differently there is convergence in the source of their physicians' conflicts and the way they are addressed. The United States is starting to integrate institutional and physician payment and align their incentives, in a traditional Japanese way. In so doing, the United States creates new physicians' conflicts and reduces the role of countervailing incentives and power, an advantage of previous policy. Japan, in turn, has combined incentives to increase and decrease services, thus moving closer to the U.S. policy.     

美国科技领域法律政策框架概览

美国是一个法制系统比较健全的国家,在各个领域的法律规章都很多,在科学技术方面也不例外。但美国并没有专门的科技法,也没有类似“科技进步法”的将科技抽象出来进行原则规定和宏观管理的法律或法规。其关于科学技术的法律、政策是体现在与科技有关的各个门类的法律、法规和政策性文件中的,其中既有关于科学技术对国家发展的重要意义及联邦层面主要科技机构的设立这样宏观的、关系全国利益的规定,也有对与科技有关的各政府机关及其研发机构的管理包括其科研设施的管理这种具体内容的规章制度。因而这是一套庞大但操作性很强的系统。　　一…     

A Review of Forensic Science Higher Education Programs in the United States: Bachelor’s and Master’s Degrees*

Abstract: As the number of forensic science programs offered at higher education institutions rises, and more students express an interest in them, it is important to gain information regarding the offerings in terms of courses, equipment available to students, degree requirements, and other important aspects of the programs. A survey was conducted examining the existing bachelor’s and master’s forensic science programs in the U.S. Of the responding institutions, relatively few were, at the time of the survey, accredited by the forensic science Education Programs Accreditation Commission (FEPAC). In general, the standards of the responding programs vary considerably primarily in terms of their size and subjects coverage. While it is clear that the standards for the forensic science programs investigated are not homogeneous, the majority of the programs provide a strong science curriculum, faculties with advanced degrees, and interesting forensic‐oriented courses.     

Emergent patterns in the regulation of pharmaceuticals: institutions and interests in the United States,Canada, Britain,and France

Although industrialized nations regulate pharmaceuticals to ensure their safety and efficacy, they balance these concerns with those related to the timeliness of the approval process and the burdens involved in meeting regulatory criteria. The United States, Canada, Britain, and France have adopted different approaches to the regulation of pharmaceuticals that place varying emphases on these competing goals and involve the participation of private interests to different extents. The regulatory approval processes and the government-industry relationships inherent within them are compared in the United States, Canada, Britain, and France by analyzing five features that distinguish the U.S. pluralist from the European corporatist approaches to policy development: representation (internal versus external), process (closed versus open), stance (informal, accommodative versus formal, adversarial), institutional power (fragmented versus centralized), and resources. An institutional framework further characterizes these approaches as based on models of managerial discretion and adjudication (United States), consultation (Canada), and bargaining (Britain, France) to clarify the patterns that emerge. While the approach that most effectively supports product safety involves managerial discretion as occurs in the United States, formal mechanisms for negotiation might be incorporated rather than a reliance on the judicial process. In an era of globalization and regulatory harmonization such divergence has significant implications. First, where harmonization in Europe involves the mutual recognition of one country's product licensing decision by the others, differences in evaluative processes remain important. Second, as harmonization leads to a common set of regulatory criteria, the criteria adopted tend to be those of nations with the least stringent regulatory standards, making evident the need for more responsive systems of post-market surveillance to protect the public interest.