论调解与医疗纠纷的解决

调解由于其所具有的尊重当事人意愿、程序灵活等特点,在解决医疗纠纷方面具有兼顾医患双方利益保护、促进医患关系和谐、降低纠纷解决成本等独特优势。分析我国现行的调解解决医疗纠纷新探索的几种代表性模式将有助于我国医疗纠纷解决机制的进一步完善,并推动整个社会医疗服务水平的提高。     

林权争议中的行政调解方法探析

林权争议是我国当前森林资源保护工作中的一个突出问题,及时有效地化解林权争议,对于维护权利人的合法权益,保护森林资源,促进林业发展,构建和谐社会,都具有十分重要的意义.行政调解是林权争议的最主要的调处方法,因此,在实践中,行政调解应注意严格遵循自愿、自治原则,将"法、理、情"的有机结合,解决程序要科学、规范.     

浅析成都新创医患纠纷调解机制--华西坝“调解天团”

近年来,医患纠纷数量多、调解难度大的问题依然显著存在。调解作为传统的医患纠纷处理方式之一,仍存在各部门缺少协同治理、调解员缺少专业医学知识等问题。华西坝派出所"调解天团"在调解医患纠纷中,借鉴其他地区先进的调解模式和经验,新创由患方、医方、医学专家组和调解员组成的调解模式,弥补传统调解方式的不足,兼具公平性、专业性与及时性,有利于从根本上解决医患纠纷。但在实践中仍然存在部分问题,可通过建立"互联网+调解"模式,加强宣传与推广、培养专业性与复合型的调解人才来不断发展与完善。     

韩国医疗纠纷调解立法及对我国的启示

为有效化解医疗纠纷、救济医疗损害从而为医务人员创造一个安宁的诊疗环境,韩国出台了《关于医疗事故损害救济及医疗纠纷调解等的法律》。依据该法律之规定,韩国设立了医疗纠纷调解仲裁院,在调解仲裁院下设医疗纠纷调解委员会和医疗事故鉴定团,实施新的医疗纠纷调解仲裁制度。该法律还规定了医疗损害赔偿互助制度、医疗损害无过失补偿制度及代偿制度等。     

Reassessing the critical metaphor: An optimistic revisionist view

Even while debates still plague, polarize, and personalize some of the discipline's most crucial issues, critical criminologists have managed to overcome, expand, and push beyond the borders that they and others established a decade ago. Nonetheless, doubt and suspicion remain concerning the future and the legitimacy of the perspective, partly because of its nebulous definition. Here we offer a revisionist interpretation and assessment of the critical perspective by arguing that a crisis, if there ever was one, no longer exists, and that it is past time to dispel the siege mentality. We argue that critical criminology is a metaphor still in its infancy, that it remains on the cutting edge of the discipline, and that its practitioners have learned from and contributed to so-called traditional criminology, leaving both areas stronger. By overcoming the fragmentation within diverse critical criminologies, the potential for unification enhances the endeavors of critical science and social action.     

A contractual perspective on succession in family firms: a stakeholder view

This paper analyses succession in family firms from a contractual perspective. A firm is regarded as a nexus of contractual relations with owners, employees, suppliers of goods and services and customers. These contractual parties are in differing degrees tied to the firm through asset specificities. Succession can affect the value of such assets. In this sense they become stakeholders with vested interests in the succession process. The theoretical discussion of affected stakeholders is backed up by a survey study of 143 Swedish family-owned businesses that have been subject to succession. The results show that the opinions of close shareholders such as family members and incumbent mangers as well as those of other stakeholders such as suppliers and customers are important.     

人文视野中的行政领导

本文从人文视野观照行政领导的精神领域和实践领域,认为在行政领导价值取向、领导方式和领导能力方面的人文关怀应该是行政领导追求的理想境界,也是行政领导对时代的最好回应。     

Green economy and carbon markets for conservation and development: a critical view

Green economy aims to use economic rationality and market mechanisms to mute the most ecologically damaging effects of globalized capitalism while reviving economic growth in the global North, fostering development in the South, and decoupling economic growth from environmental decline. An archetypal application of green economy is transnational trade in ecosystem services, including reduced emissions for deforestation and degradation (REDD+). By compensating developing countries for maintaining forests as carbon sinks, this approach is meant to transcend politics and circumvent conflicts over the responsibilities of industrialized and ‘less-developed’ countries that have stymied global climate policy. However, carbon-offset trading is unlikely to result in lower greenhouse gas emissions, much less combined conservation and development gains. The troubled record of payment for environmental services and other schemes or commodification of nature illustrates that living ecosocial systems do not fit the requirements of market contracts. Disputes over proto-REDD+ projects point to the dangers that REDD+ will disadvantage or dispossess rural communities and distract attention from underlying causes of forest and livelihood loss. Two decades of all-but-futile climate negotiations have shown that global warming cannot be managed by means of technocratic expertise nor dealt with separately from the politics of inequality and the paradox of economic growth. The deceptive promise of greening with growth can blind us to these realities. Counter-hegemonic discourses to growth-centered green economy under the headings of buen vivir, mainly in the global South, and degrowth, mainly in the global North, therefore merit attention.     

Familial ideology,family law and mediation: Law casts more than a ‘shadow’

Pickett examines the contemporary debate among feminists over the risks of mediation as an alternative to the formal legal process in the area of child custody disputes. Pickett argues that the dichotomous nature of many feminist critiques of mediation suggests that law can operate outside the influence of a familial ideology which disadvantages women and which plays a large part within the discourse of the family mediation movement. Instead of seeing law and mediation as radical alternatives, with law as the preferred choice, Pickett suggests that these two modes of discourse are best seen as forming a continuum in terms of the superversion and regulation of the family.     

Missing links in nanomaterials governance: bringing industrial dynamics and downstream policies into view

In this article we explore some of the analytical and policy implications of widening the focus of nanomaterials governance from risk regulation to the broader issue of the purposeful direction of the innovation process. We focus on the impact of industrial activities on nanotechnology governance, arguing that the specific characteristics of the industrial dynamics of nanomaterials—flexibility in applications and distributed innovation—limit and enable different potential interventions to shape technology. In particular, these characteristics exacerbate the difficulties of attempting to directly influence innovation trajectories. Under these conditions, we argue that policies for nanomaterials governance need to be broadened. The prevailing emphasis in the UK on policy initiatives ‘upstream’ in the R&D process, while commendable, should be complemented with policies aimed further ‘downstream’ at potential users of nanomaterials, such as renewable energy procurement or housing regulations in order to modulate technological development towards socially desirable goals.