Just compensation: a no-fault proposal for research-related injuries

Biomedical research, no matter how well designed and ethically conducted, carries uncertainties and exposes participants to risk of injury. Research injuries can range from the relatively minor to those that result in hospitalization, permanent disability, or even death. Participants might also suffer a range of economic harms related to their injuries. Unlike the vast majority of developed countries, which have implemented no-fault compensation systems, the United States continues to rely on the tort system to compensate injured research participants—an approach that is no longer morally defensible. Despite decades of US advisory panels advocating for no-fault compensation, little progress has been made. Accordingly, this article proposes a novel and necessary no-fault compensation system, grounded in the ethical notion of compensatory justice. This first-of-its-kind concrete proposal aims to treat like cases alike, offer fair compensation, and disburse compensation with maximum efficiency and minimum administrative cost. It also harmonizes national and international approaches—an increasingly important goal as research becomes more globalized, multi-site trials grow in number, and institutions and sponsors in the United States move to single-IRB review.     

森林生态效益补偿制度的产生、发展与依据

森林生态效益补偿制度是行政补偿制度的一种具体形式。作为理论思维和实践经验的成果,该制度的产生与发展有一个历史过程,有其存在的现实基础和理论依据。缓解森林生态功能衰退和解决我国生态公益林经营管理的尴尬状况是该制度提出的现实基础,而对财产权的保护和“公平负担原则”则是该制度存在的理论依据。     

Pain and disability under Social Security: time for a new standard

Some degree of pain is a part of every individual's life. Many people, however, live in chronic debilitating pain. This Article examines concepts of pain and its treatment and implications for victims of pain under the Social Security system. The Article discusses inconsistencies within the Social Security Administration and in the courts when attempting to set standards for evaluating pain and determining disability.     

Mentally challenged patients in a forensic hospital: a feasibility study concerning the executive functions of forensic patients with organic brain disorder, learning disability, or mental retardation

The past years have seen an increasing number of patients of lower intelligence or with organic brain disorder being committed into our forensic psychiatry. Our clinic has an ongoing scientific project to investigate the possibilities of reducing costs while at the same time guaranteeing adequate treatment and enforcement practice in forensic hospitals. This current project did not take these kinds of patients into consideration initially. This feasibility study is intended to examine if and to what extent these patients can be part of the scientific project. All patients of forensic psychiatry in Rostock (Mecklenburg-Western-Pomerania) with an IQ<80 (learning disorder) or a primary or secondary organic brain dysfunction that have been committed to the clinic since 2009 are included. These patients went through an extensive battery of neuropsychological tests. Furthermore, the treating psychotherapists had to rate the prognoses for criminal re-offending at discharge. Patients affected by lower intelligence or an organic brain dysfunction achieve lower results in neuropsychological testing than other patients participating in the main project. Nevertheless, participation in neuropsychological testing does not appear to overtax them. Future examination of the patients will be conducted to investigate to what extent certain therapeutic methods have been of noticeable benefit to this problematic group.     

Corporate governance and financial development: a study of the French case

This paper belongs to the growing body of the “Law and finance” literature based on time-series study. It carries out an empirical investigation of the role of corporate governance in financial development. We focus on French corporate governance reforms in order to examine whether these reforms are consistent with the reorganization of the French financial system, which took place during the period 1977–2004. This research aims at evaluating one proposition of the legal origin claims based on the idea that there is a strong and stable relationship between legal origin, investor protection and financial system. A key question the study addresses is how corporate governance rules and the French financial development have changed over time. Our study suggests that indicators related to investors’ rights (shareholders, employees, and bondholders) have been increasing over time, despite the specific legal origin of the French system. On the contrary the creditors’ rights have followed a less clear trend. Our econometric investigation is fairly new as the Law and finance literature has not until now provided corporate governance indicators suitable for French legislation. From that perspective, our work undergoes a multiple criteria analysis of corporate governance reforms. Following this approach, we suggest that the causality links between changes in the French legal environment and financial growth in France are more bidirectional than unidirectional.     

听力减退及相关残疾标准比较研究

听力减退的客观评估是法医临床鉴定中的难点之一.2017年1月1日《人体损伤致残程度分级》实施,其听力减退伤残评定与既往标准存在一定差异.本文比较了《伤残分级》与国内外其他残疾标准中听力残疾相关内容,探讨《伤残分级》标准的优点及不足.同时回述了近年应用较多的客观听力检测方法,比较了客观听力检测方法与纯音测听阈值关联性.国内外听力减退评定均是基于WHO的听力障碍分级,但在双耳听力伤残值的计算及耳鸣、年龄对听力伤残值的影响上均存在一定差异.     

膀胱功能障碍及相关残疾标准的比较研究

排尿功能状况的客观准确评估是法医临床学鉴定中的难点之一.2017年1月1日实施《人体损伤致残程度分级》标准,对膀胱损害残疾划分指标、原则与国外标准仍存在较大差异.本文比较了《人体损伤致残程度分级》与国内外其他伤残标准中膀胱损害的相关内容,提出了完善《人体损伤致残程度分级》标准相关内容的建议.同时介绍了尿流动力学检查在膀胱功能障碍鉴定中的价值.     

医患利益保护下的医疗纠纷赔偿

由于公民法律意识和服务意识的提高,医疗新技术的开展和应用,部分医护人员职业道德的下降,一些新闻媒体的片面报导,以及法院对医疗纠纷案高额赔偿的判决和判决的随意性等因素,近年来,医疗投诉和法院受理的医疗纠纷案逐年上升,且患方要求赔偿的标的额也越来越大,医患双方赔偿矛盾日趋激化.     

医患利益保护下的医疗纠纷赔偿

由于公民法律意识和服务意识的提高 ,医疗新技术的开展和应用 ,部分医护人员职业道德的下降 ,一些新闻媒体的片面报导 ,以及法院对医疗纠纷案高额赔偿的判决和判决的随意性等因素 ,近年来 ,医疗投诉和法院受理的医疗纠纷案逐年上升 ,且患方要求赔偿的标的额也越来越大 ,医患双方赔偿矛盾日趋激化。一、医疗赔偿中医患双方利益的矛盾冲突医疗赔偿中的矛盾冲突就是医患双方利益的冲突。1 987年国务院制定的《医疗事故处理办法》 (下称《办法》) ,在一段时间内对医疗纠纷的处理起了不可磨灭的作用。然而 ,随着社会的发展 ,物价的上涨 ,人民生活…     

Time for a change: applying the good lives model of rehabilitation to a high-risk violent offender

In this article we operationalise the theoretical concepts of the Good Lives Model (GLM) of offender rehabilitation by providing a step-by-step framework for assessment, formulation, treatment planning, and monitoring with a high-risk violent offender residing in the community. The case study illustrates how the GLM can be applied to complement and enhance traditional Risk-Management interventions and shows how the GLM's clinical relevance extends from sex offending to broader offending typologies.     

退回补充侦查规范适用中若干问题之探讨

退回补充侦查是指人民检察院审查刑事案件,认为需要进一步侦查,以补充原侦查中未解决或解决得不好的问题,而将案件退回公安机关或自侦部门进行的一项诉讼活动。作为有权行使退回补充侦查权的检察机关应避免对权利的滥用,严格限制,慎重使用。正确、规范地适用退回补充侦查,对于保障公诉案件质量,加强对侦查机关(部门)的法律监督,更好地发挥公检执法机关分工负责、相互配合、相互制约作用,及时准确地打击犯罪、保障人权具有十分重要的意义。     

Health and social care staff responses to working with people with a learning disability who display sexual offending type behaviours

Abstract

This study found that 59% of social care staff were currently supporting a client with a learning disability who had offended or displayed an offending type behaviour. The range of behaviours was similar to that displayed by clients in a secure health facility and included rape, sexual assault and exposure. Only 22.9% of social care staff had received training in this area, while none of the health staff had. Both groups expressed low levels of confidence in supporting this client group. The areas of difficulty were common to both groups and included personal attitudes and attitudes of others to the behaviour, and concerns over risk, responsibility and safety. In respect of attitudes, social care staff were found to be significantly more likely to hold negative attitudes towards the person's behaviour, while health staff were significantly more likely to feel negatively towards the person. Health staff were significantly more likely to identify training as a means of further support, while social care staff identified professional input. Both groups identified the need for theoretical training about working with this client group. Despite this no significant differences were found between those who had and had not received training and confidence, attitudes and the need for further support.     

Prevalence and distribution of premarital aggression among couples applying for a marriage license

This study used a modified version of the Conflict Tactics Scale to examine the prevalence of premarital aggression in a community sample of husbands and wives. The sample consisted of 625 couples participating in a longitudinal study of marital functioning and alcohol use. Consistent with past studies, the overall prevalence rate of husband-to-wife premarital aggression was 35%. Sociodemographic variables were associated with premarital aggression, with differences emerging primarily with regard to moderate aggression rather than mild aggression. Further, factors such as race, education, social class, cohabitation, and presence of children were independently associated with premarital aggression. This study is one of the first to examine premarital aggression in a large, heterogeneous sample of young husbands and wives at the same stage of relationship development. Future analyses will examine the prevalence, frequency, and continuity of husband and wife aggression over the first year of marriage.     

生殖系统损害及相关残疾标准的比较研究

生殖系统是人类繁衍后代,延续种族以及维持其性特征的重要器官.因此,生殖系统损害对个体造成的后果往往非常严重.2017年1月1日实施的《人体损伤致残程度分级》标准,其生殖系统损害的相关条款与既往标准存在较大差异.本文比较了《人体损伤致残程度分级》与国内外其他残疾标准中生殖系统损害的相关内容,探讨《人体损伤致残程度分级》标准的优点及不足,并提出了完善《人体损伤致残程度分级》标准相关内容的建议.     

Governmental responsibility for victims of atomic testing: a chronicle of the politics of compensation

Since 1945 the U.S. government has conducted extensive atomic testing for purposes of protecting the national security and developing industrial uses of nuclear power. Newly available information indicates that many citizens were unwittingly harmed by exposure to radioactive fallout from this testing. The victims are pressuring the government to accept liability for its actions and offer compensation for the damages. To date, however, their efforts have been largely unsuccessful. This article analyzes the politics of the atomic compensation movement, from its beginnings through the 97th Congress. It concludes that, barring the enactment of specific legislation, atomic victims stand little chance of gaining financial compensation or moral satisfaction.