制约与配合：美国司法体系中的检察官

美国并无独立的检察系统,联邦以及地方法院都设有检察官办公室。联邦检察权由联邦总检察长即司法部长行使,即使其本人并不直接办理或监督具体案件。总检察长依靠被授权办案的分支机构和联邦检察官完成其法定职责。     

Organ procurement and transplantation network. Final rule

This Final Rule sets forth the Secretary's decision to include intestines within the definition of organs covered by the regulations governing the operations of the Organ Procurement and Transplantation Network. The Secretary under the authority granted by section 301 of the National Organ Transplant Act, as amended, further effects a corresponding change to the definition of human organs covered in the statute with this Final Rule.     

刑法视野下的器官移植

器官移植为人类医学救死扶伤带来了福音,但它也引发了大量刑事法律问题。各国法学界针对这些问题进行了激烈争论,相关立法也对包括买卖人体器官、强摘他人器官等器官移植犯罪进行了规制,这在一定程度上维系了各国生命伦理秩序的稳定。近年来,我国器官移植技术也获得了飞速发展,但相关立法却并未对器官移植涉及刑事责任方面的问题做出实质性规定,为此,需要在我国《刑法》中增加关于器官移植犯罪及其刑事责任方面的专门规定。     

Organ Procurement and Transplantation Network--HRSA. Final rule with comment period

This document sets forth the final rule governing the operation of the Organ Procurement and Transplantation Network (OPTN), which performs a variety of functions related to organ transplantation under contract with HHS. The document also offers a 60 day period for additional public comment. The rule will become effective 30 days following the close of the comment period. If the Department believes that additional time is required to review the comments, we will consider delaying the effective date. In combination with a new National Organ and Tissue Donation Initiative, this rule is intended to improve the effectiveness and equity of the Nation's transplantation system and to further the purposes of the National Organ Transplant Act of 1984, as amended. These purposes include: encouraging organ donation; developing an organ allocation system that functions as much as technologically feasible on a nationwide basis; providing the bases for effective Federal oversight of the OPTN (as well as for implementing related provisions in the Social Security Act); and, providing better information about transplantation to patients, families and health care providers.     

从“总揽机关”到“最高机关”:“总揽”现象之宪法史阐释

在近现代中国立宪过程中,总揽现象是一种特殊的宪法现象。总揽机关,大致有君主、大总统以及代表国民的机关等。而关于总揽的对象,则有统治权、政务、治权和行政权等。从历史发展来看,总揽机关渐渐为最高机关所取代,后者成为宪法文件的常用术语。总揽现象反映了中国人对不同政体形式的认知逻辑。其背后彰显了传统法律文化中一元权力观对近现代中国立宪的影响。而总揽模式表现为行政集权制和民主集权制两种形式,在本质上区别于总统制、内阁制和委员会制。从历史发展来看,行政集权制与民主集权制渐渐走向融合。     

Comparative advertising and trade mark infringement: some guidance from the Netherlands

A recent decision of one of the five Dutch Appeal Courts hasclarified the relationship between trade mark law and advertisinglaw, holding that a trade mark owner cannot successfully accumulatetrade mark and advertising claims: where publicity complieswith the standards of advertising law, such use cannot thusamount to trade mark infringement.     

Closing the Organ Gap: A Reciprocity-Based Social Contract Approach

Organ transplantation has become a proven, cost-effective lifesaving treatment, but its promise is contingent on the number of available organs. The growing gap between the demand and supply results in unnecessary loss and diminished quality of life as well as high costs for surviving patients and health insurers. Twenty years after the enactment of the National Organ Transplantation Act, it is time to rethink the moral basis and overall design of organ transplantation policy. We propose a national plan for organ transplantation insurance under which the federal government would assume responsibility for increasing the organ supply and would cover all costs associated with transplantation for patients not otherwise covered.     

“检察机关的性质”:理论观点与初步反思

立足宪法原理和我国宪政制度正确解读＂法律监督＂的内涵是准确回答＂检察机关的性质＂问题的核心。＂法律监督＂包含检察机关的政治使命、法律监督职能及职能的实现三个层面的内涵。     

Organ Procurement and Transplantation Network. Health Resources and Services Administration, HHS. Final rule

This document sets forth improvements to the final rule governing the operation of the Organ Procurement and Transplantation Network (OPTN), published in 1998. It reflects the advice of a panel convened by the National Academy of Science's Institute of Medicine, as called for in the Department's appropriation act for 1999. It also reflects comments on the 1998 rule and consultation with representatives of the organ transplantation community, as recommended in the same legislation; and it summarizes new transplant data developed in the period since enactment of the appropriations act.