论输血及血液制品感染的侵权责任——基于日本法上的经验

在医学界,血液被称为生命的源泉。然而,近年来,随着临床用血和血液制品使用的大量增加,患者感染梅毒、肝炎、甚至艾滋病的案例已屡见不鲜。而上世纪末,我们的邻国日本也曾遭遇过同样的血液之殇,日本司法实践在处理诸如东大梅毒事件、药害肝炎事件、药害艾滋事件上的成功经验会带给我国怎样的启示,以下将对日本法上血液的法律属性、医疗过失的判断标准、因果关系的证明以及医药产品责任主体的责任分配等进行分析,并结合我国《侵权责任法》相关规定,从法解释学的角度出发,针对我国司法现状,探讨日本法对我国在法律解释适用方面的借鉴意义。     

Educational malpractice and setting damages for ineffective teaching: a comparison of legal principles in the USA,England and Australia

The extent to which educational institutions and their teachers in the USA, England, and Australia should bear legal responsibility in damages for ineffective classroom teaching is the subject of this article. At the heart of the controversy regarding educational malpractice is the issue of remedies. Federal and state courts in the USA have resisted awarding damages where such an award would appear to sound in educational malpractice. However, although courts in Australia have yet to declare with any degree of certainty, they appear positioned to follow the English approach that ostensibly acknowledges a school's duty of care to provide effective education for all children.     

The predictive validity of youth violence risk assessment tools: a systematic review

ABSTRACT

This paper reports the findings of a systematic search of published literature which reports the predictive validity of violence risk assessment tools specifically designed for use with youth. A total of 38 studies, involving 9,307 participants, reported data for six different tools; the most common of which were the SAVRY and the YLS/CMI. Each of the tools demonstrated at least moderate levels of predictive validity, with the predictive validity of several newer assessment tools yet to be established. The results provide an up-to-date overview of the state of knowledge in an area in which practitioners make choices about which tools to use on an almost daily basis. It is important that practitioners are aware of the strength of evidence that is available to support the choice of violence risk assessment tools and the interpretation of results.     

Pondering personal privacy: a pragmatic approach to the Fourth Amendment protection of privacy in the information age

As technology with surveillance capacities has advanced, the debate over the rights of the citizenry to be free from governmental breaches of personal privacy has intensified. Within the United States, government actions legally challenged as intrusions into personal privacy have been analyzed under the Fourth Amendment, but Supreme Court rulings in such cases lack a clear and consistent rationale. Additionally, while more than a dozen federal privacy statutes have been enacted, each piece of legislation pertains to a specific type of information (e.g. driver’s license information, education records, and financial records). There is no overarching federal legislation which protects the individual’s private affairs from warrantless government inspection. A key issue underlying the scope of the debate and the variation in court decisions and public policies pertinent to invasions of privacy by government agencies is the lack of a clear and cogent definition of ‘privacy.’ By means of a review of the evolution of legal protections of privacy under the Fourth Amendment and a review of the evolution of technology with surveillance applications, it is suggested that there is a need for a sound operational definition of privacy. As a starting point for an informed and pragmatic dialogue on this matter, an operational definition of privacy built upon extant case and statutory law is provided.     

风险社会理论给我国食品安全监管带来的挑战与启示

贝克的风险社会理论向世人宣告了风险社会的到来。贝克的风险社会理论认为,现代社会的风险是文明的产物,不同于传统社会的风险。风险社会理论在给我国食品安全监管体制、监管方式等带来了挑战的同时,也给我国食品安全监管带来了启示：理性对待食品安全风险认知差异,建立食品安全风险规制体系,探索食品安全风险的复合治理方式。     

From dynamic risk factors to causal processes: a methodological framework

ABSTRACT

It is becoming increasingly apparent that dynamic risk factors are unable to function as explanations of offending because they are composite constructs, which contain a mixture of putative causes, states of affairs, and problematic cognitive, affective, behavioural and social states associated with crime. In this paper we draw from psychopathology research and theory on the conception and classification of mental disorders to develop the Dynamic Risk Research Framework (DRRF). In our opinion, the assumptions and methodological tool associated with this framework can better focus research into the causes of offending by making use of the information provided by dynamic risk factors. A conceptual framework such as the DRRF can arguably translate this valuable information into deep, coherent explanations, and ultimately, more streamlined and precise intervention strategies.     

The Trafficking in Persons Report: a game of risk

The State Department ranks countries on adherence to minimum standards set forth by the Trafficking Victims Protection Act 2000. The Trafficking in Persons Report (TIP) is updated annually and failure to enact changes to combat trafficking results in higher tier rankings. This paper evaluates the TIP by situating this tool in light of special features of the modern era, such as globalization and risk. Through a survey of the theoretical literature on risk and on trafficking risk factors, we devise six preliminary risk clusters and discuss how the TIP could incorporate governments’ response to trafficking risk factors into the ranking system. Our intentions are to spark debate about how risk factors could be incorporated in the TIP, to provide a preliminary model and to encourage further research in this area.     

Working with sex offenders in a climate of public blame and anxiety: How to make defensible decisions for risk

Abstract

Work with sex offenders takes place in a climate of public blame and anxiety. This requires practitioners to adopt the highest standards of practice to ensure that defensible decisions are made. These are decisions that must withstand hindsight scrutiny in the light of a risk management failure. This paper reviews the key practice points that will assist practitioners in making defensible decisions, and the key challenges for practitioners in this challenging area of work.     

An integrated case formulation approach in forensic practice: the contribution of Occupational Therapy to risk assessment and formulation

Forensic services focus on risk reduction and extol the value of multidisciplinary working. Due to the complex relationship of personality disorder and risk, a multidisciplinary approach to risk assessment, formulation, management and reduction is essential. Occupational Therapists provide a unique perspective; however, current literature pertaining to the contribution of Occupational Therapy is negligible. This paper aims to initiate discussion of the value of Occupational Therapy contributions to risk assessment and formulation with personality disordered offenders. A new approach is described that integrates occupational adaptation and multiple sequential functional analysis to provide a structured framework for Occupational Therapy risk assessment and formulation. A single case report is presented to demonstrate the advantages of the approach for identifying offenders’ strengths and difficulties, predicting risk of reoffending, identifying offence paralleling behaviour and informing and evaluating efficacy of intervention, thereby supporting the aims of forensic practice settings to assess, manage, treat and reduce risk.     

危险品公路运输风险分析方法及应用

本文运用风险分析的方法，对危险品公路运输事故和灾害风险进行定量研究，给出危险品公路运输的社会风险和个人风险，从而对公路运输风险进行评价。以某石化厂1-丁烯公路运输进行实例研究和现场应用，从而为交通运输和化工企业提供公路危险品运输的路线选择及安全管理提供决策依据。     

知情同意原则下医疗过失损害赔偿责任的几个问题--从一起患者知情同意纠纷案说起

知情同意原则所保护的客体是自我决定权.知情同意原则下的损害赔偿责任不同于医疗事故损害赔偿责任.二者不能互相否认.医方违反知情同意原则的责任是一种侵权损害赔偿责任.该责任的构成要件可包括(1)医师存在法定的告知义务;(2)医师未能将对患者的决定产生实质性影响的风险/信息告知患者;(3)在告知不充分的情况下,患者由于选择了当前的治疗方案而受到伤害;(4)医师的义务违反与患者的伤害之间存在因果关系.其中,告知义务是否充分的判断应以处于同样情境的一个理性患者所需作为主要的标准;对信息"实质性"的判定应看一个与患者处于同一位置的合理审慎之人在决定是否对所建议的治疗做出同意时会对某一事实赋加重要性或将该事实作为一"决定性"影响因素加以考虑;在因果关系存无的认定上,则要考虑若患者被充分告知实情他是否会做出不同的选择决定.     

Predictive accuracy of static risk factors for Canadian Indigenous offenders compared to non-Indigenous offenders: implications for risk assessment scales

ABSTRACT

The over-representation of Indigenous offenders in Canadian prisons highlights the importance of research on the generalizability of potential static risk factors for this group. The current investigation examined whether 87 static indicators currently assessed in Canadian federal prisons were differentially present and related to outcomes (revocations, general recidivism, and violent recidivism) for Indigenous (n?=?1500) and non-Indigenous (n?=?6684) male federal offenders. The follow-up was eight months for revocations and five years for any/violent recidivism. Indigenous offenders scored significantly higher risk than non-Indigenous offenders on the majority of the indicators (particularly criminal history indicators). Generally, most criminal history indicators and some offence severity indicators predicted revocations, general, and violent recidivism for Indigenous offenders; however, several of the indicators had significantly lower accuracy for Indigenous offenders (particularly criminal history indicators). Overall, Indigenous offenders are a higher risk population and several static risk indicators do not perform as well for this group as for non-Indigenous offenders. Nonetheless, there were numerous static indicators that did predict outcomes for Indigenous offenders. The current findings suggest that it is possible to meaningfully assess static risk for recidivism among Indigenous offenders.     

医师注意义务的概念及其与医疗过失行为的关系--医师的注意义务系列研究(1)

医疗过失问题,是医患纠纷的焦点.医师的过失行为本质是一种客观过失,是对医师注意义务的违反,因为任何医师在自己从事特定的医疗行为时都必须达到相应的医疗水准.医师的注意义务是指医师在医疗行为时依据法律、法规、规章制度和具体操作规程,以及职务和业务上的习惯和常理、接受期约或委托的要求等保持足够的小心谨慎,以预见医疗行为的结果和避免损害结果发生的义务.     

Forensic occupational therapy to reduce risk of reoffending: a survey of practice in the United Kingdom

Forensic services are required to reduce an individual’s risk of reoffending. Despite being integral to forensic mental health services, the contribution of forensic occupational therapy to achieving this aim is unclear. This study describes current forensic occupational therapy practice to reduce reoffending risk in the United Kingdom. Responses to a cross-sectional survey consisting of multiple choice and free-text questions were analysed using frequency counts and percentages, and thematic analysis respectively. Of the 58 participants, 83% actively addressed reoffending risk. Participants informed practice with occupation-focused theories, models and assessment tools. Five themes described forensic occupational therapy to reduce reoffending risk: an occupational perspective of risk assessment and formulation; volitional realignment; increasing protective factors; community integration; and enhancing understanding of forensic occupational therapy. Forensic occupational therapists perceive their practice to contribute to reducing reoffending risk, but are yet to establish routine outcome measurement in this area. Implications for practice and future research are discussed.     

Violence risk and gang affiliation in youth offenders: a recidivism study

Abstract

Youth gangs are ubiquitous around the world and have been problematic for the social and criminal justice agencies. Despite widespread public concern, there has been relatively scarce empirical scrutiny of youth gangs internationally and little outside of America and Europe. In particular, the activities of youth gangs, the function of gang membership, the criminogenic needs of gang-affiliated youth, and the risk of criminal recidivism for gang-affiliated youth remain unclear. Against this background, this study explored the sociodemographic characteristics, risk and rate of criminal recidivism in a cohort of 165 male youth offenders in Singapore, of which 58 were gang-affiliated. Multivariate analyses revealed that gang-affiliated youth offenders were significantly more likely to have histories of substance use, weapon use and violence than nongang-affiliated youth offenders. Gang-affiliated offenders also scored higher on measures of risk for recidivism (SAVRY and YLS/CMI), and engaged in violent and other criminal behaviors more frequently during follow-up. These differences indicate a significant relationship between gang affiliation and criminal recidivism in youth offenders. Furthermore, these findings have important clinical and policy implications, indicating an increased requirement for additional and more intensive assessment and tailored interventions for gang-affiliated youth offenders.