Some remarks on the Gu\underset{\raise0.3em\hbox{agu\underset{\raise0.3em\hbox{ibhedabha\dot nga chapter in Udayana's ātmatattvaviveka

But under the requirement of philosophic consistency, and the impact of the perfectly valid reflection that experience is always my experience, and never part of some object independent of me, the world shrinks to the extension of my experience only, and I am left with bundles of my sensations. What are the natural consequences of such an epistemological sophistication? One plausible and natural reaction is what one might call the ‘Indian’ one. It runs roughly as follows: my experience of the world is, alas, only my experience. It is not ‘the real’. Moreover, the world disclosed in my experience is one of misery, precariousness, insecurity, which ends in old age and death and within which no secure, reliable, undeceptive goods can be found. The flux and precariousness which make it so unhappy a place, also make it most ill-suited to be an object of knowledge. — E. Gellner (1974: 114)     

政府代理论与若干行政法理论基础关系探析

政府代理论是以我国政体为基础,借助民法代理原理所形成的行政法理论基础之一.该理论与其他行政法理论基础存在着不同程度的联系.文中就政府代理论与平衡论、公共利益本位论、控权论和政府法治论的关系进行了探析.     

Comparison of heart mass in seizure patients dying of sudden unexplained death in epilepsy to sudden death due to some other cause

Proposed mechanisms by which sudden unexplained death syndrome in epilepsy (SUDEP) occurs include cardiac dysrhythmias. We hypothesized that individuals dying of SUDEP would have enlarged hearts compared with normal, increasing the risk of sudden cardiac death should the autonomic nervous system initiate a dysrhythmia. We performed a retrospective case-control study in a medical examiner population, comparing the mean heart mass in a group of individuals who died of SUDEP to a group of individuals with epilepsy who died suddenly due to some unrelated cause (non-SUDEP). We found no significant difference in the mean heart mass between the 2 groups when analyzing the unadjusted data. Upon stratifying the cases by age, however, we found a significant reduction in the frequency of SUDEP in individuals 40 or more years of age with an increased heart mass compared with those younger. This reduced frequency disappeared when cases where the cause of death was indeterminate between SUDEP and heart disease were reclassified from non-SUDEP to SUDEP. With increasing age, the likelihood of finding a cause of death that competes with the possibility of SUDEP increases, making SUDEP appear to be a phenomenon of the young. The inclusion of seizure deaths evaluated in a medical examiner office in studies of SUDEP would provide the benefit of a more certain diagnosis in each given case. Moreover, the inclusion of cases from the medical examiner population would stem attrition in a clinical study due to loss to follow-up.     

医疗损害鉴定面临的挑战与对策

2017年底发布的《侵权责任法·医疗损害责任》司法解释规定了新的鉴定规则:确定了医疗损害专门性问题鉴定的概念及内容,取鉴定申请替代患方举证能力的不足,规定了新的鉴定人资格要求,明确了医疗过错判定的要求;明确了因果关系分级要求;明确了医疗损害鉴定的程序要求等。但仍然保留了医疗损害鉴定二元化模式。新的规定给我国医疗损害鉴定带来了新的挑战,尤其是鉴定人资格、专家辅助人意见可以成为定案依据的规定,将直接影响我国的法医开展医疗损害鉴定。笔者由此提出了以下建议:(1)医疗鉴定要回归科学性、公益性、规范性;(2)医疗损害鉴定回归同行评议是必然趋势;(3)应当建立统一的临床医学鉴定专家库;(4)应当研究医疗损害鉴定的理论、原则和方法。