解析非法进行节育手术罪中的"医生执业资格"--以有关行政法律规范为起点

非法进行节育手术罪的主体是未取得医生执业资格的人.这里的医生执业资格是法律法规要求成为医生从事计划生育手术所必需的资格与能力.结合有关卫生法律规范,笔者认为在1997年10月1日后,2001年10月1日前,本罪中的医生执业资格="计划生育手术合格证"+"计划生育手术许可证".在2001年10月1日后,本罪中的医生执业资格=<计划生育技术服务人员合格证>+<医师执业证书>+<计划生育技术服务机构执业许可证>或<医疗机构执业许可证>.由此框定了哪些是取得医生执业资格的人,本罪的主体-未取得医生执业资格人也就呼之欲出了.     

解析非法进行节育手术罪中的"医生执业资格"--以有关行政法律规范为起点

非法进行节育手术罪的主体是未取得医生执业资格的人。这里的医生执业资格是法律法规要求成为医生从事计划生育手术所必需的资格与能力。结合有关卫生法律规范，笔者认为在1997年10月1日后，2001年10月1日前，本罪中的医生执业资格。“计划生育手术合格证”+“计划生育手术许可证”。在2001年10月1日后，本罪中的医生执业资格=《计划生育技术服务人员合格证》+《医师执业证书》+《计划生育技术服务机构执业许可证》或《医疗机构执业许可证》。由此框定了哪些是取得医生执业资格的人，本罪的主体-未取得医生执业资格人也就呼之欲出了。     

An EMTALA primer: the impact of changes in the emergency medicine landscape on EMTALA compliance and enforcement

Tiana Lee's article provides an overview and update on the latest in the Emergency Medical Treatment and Active Labor Act (EMTALA). Reviewing the history of the statute, explaining some of the relevant regulations, and exploring government enforcements efforts to date, Ms. Lee highlights the benefits and drawbacks of the statute and recommends ways to ameliorate EMTALA's weaknesses.     

Typologies,risk and recidivism in partner-violent men with the B-SAFER: a pilot study

The research describes the criminal profile of 100 imprisoned partner-violent men (PVM) in Spain, and the follow-up for an average of 15 months of 40 released cases. The ability of the Brief Spousal Assault Form for the Evaluation of Risk (B-SAFER) to classify offenders according to typologies and to predict recidivism is analyzed. The results show that PVM have low level of specialization (only 45% limit their criminal activity to intimate partner violence (IPV)) and high level of recidivism (47% previously have been in prison, and 41% have prior arrest for IPV). The B-SAFER shows a high capacity to classify according to batterers typologies (accuracy of 79% with a score ≥13) in two groups: non-pathological and antisocial/pathological offenders. After prison release, 17.5% relapsed (15% in IPV), and 66% have done so within the first year. The B-SAFER had a predictive accuracy of 70% (sensitivity 100%). From antisocial/pathological group, 21% have recidivate compared to 12.5% in non-pathological aggressors, with an over-representation of antisocial/pathological subtype among recidivists (71%). The best predictive variables are the justification of violence, age at first imprisonment, and treatment. There is a 9% of recidivism among treated offenders compared to 50% in the untreated group.     

合乎时代主题的理论创新———评《国际法与国内法关系的法理学思考》

李龙教授与汪习根副教授的《国际法与国内法关系的法理学思考》一文从法理学的高度探讨了国际法与国内法的关系 ,作者准确地把握了当今国际关系的和平与发展的主题 ,在把握了时代脉膊的同时进行了理论创新。     

Implementation of the Americans with Disabilities Act in State Police and Highway Patrol Agencies: Results of a National Survey

This article provides an empirical analysis of Americans with Disabilities Act (ADA) implementation within the law enforcement profession. Specifically, the study reports results from a national survey of state police/highway patrol agencies regarding practical implementation of the ADA. The data is analyzed in terms of population size and collective bargaining status. Results of this endeavor indicate that implementation of the ADA within law enforcement is difficult, especially as applied to the work of sworn personnel. These challenges are somewhat diminished when applied to non-sworn personnel such as dispatchers, administrators, and clerical personnel. The most substantial obstacles to implementation of the ADA within law enforcement is not associated with political officials or administrators. Instead, most arise from the lack of training and vague legislative language and regulatory standards. Smaller states and those without collective bargaining report lower levels of accommodation; however, there are few statistically significant differences in terms of population and collective bargaining.     

The European Court, National Judges, and Legal Integration: A Researcher's Guide to the Data Set on Preliminary References in EC Law, 1958--98

We hope to stimulate more systematic research on all areas of legal integration by making available for free and open use a comprehensive data base on preliminary references in EC law. The Data Set, which has been under construction since 1996, is now online at various websites. The data are not publicly accessible elsewhere. In this article, we provide a brief summary of the data base and its potential uses. We begin by introducing the main features of the Data Set. We then discuss some of the dynamics of legal integration in light of our analyses of the data.     

Accountability and Police Violence: a Research on Accounts to Cope with Excessive Use of Force in Italy

Accountability is a vital element of policing. Over time, the public has demanded more control over police activities, while policing has attracted a good deal of controversy, such as the discriminatory and violent manner in which police officers treat individuals. In this paper, we explore Italian police accountability when faced with violent actions following the articulation at two levels: a micro-level—the communication strategies adopted by the police unions to account for their actions—and a macro-level—the understanding of the political and social system in which the police act, namely the Italian system. The results of the thematic analysis highlighted the recourse to excuses, justifications, and apologies. In terms of the effects on the audience, the unions divide into two groups: the first made exclusive use of defensive accountability strategies (excuses and justifications) and the second used reconciling accountability strategies (apologies). We discuss these findings regarding the interaction between the police and the public in Italy.     

Research design influence on study outcomes in crime and justice: a partial replication with public area surveillance

Does the quality of research design have an influence on study outcomes in crime and justice? This was the subject of an important study by Weisburd et al. (2001). They found a moderate and significant inverse relationship between research design and study outcomes: weaker designs, as indicated by internal validity, produced stronger effect sizes. Using a database of evaluations (n?=?136) from systematic reviews that investigated the effects of public area surveillance on crime, this paper carried out a partial replication of Weisburd et al.??s study. We view it as a partial replication because it included only area- or place-based studies (i.e., there were no individual-level studies) and these studies used designs at the lower end of the evaluation hierarchy (i.e., not one of the studies used a randomized experimental design). In the present study, we report findings that are highly concordant with the earlier study. The overall correlation between research design and study outcomes is moderate but negative and significant (Tau-b?= ?C.175, p?=?.029). This suggests that stronger research designs are less likely to report desirable effects or, conversely, weaker research designs may be biased upward. We explore possible explanations for this finding. Implications for policy and research are discussed.     

马克思的国家治理思想及当代价值——习近平新时代中国特色社会主义国家治理思想研究

习近平新时代中国特色社会主义初级阶段治国理政思想是建立在马克思主义国家观基础之上的。国家观是马克思历史观中的重要内容。对国家问题的研究和批判,不仅是实现其哲学观变革的必要步骤和确立实践唯物主义原则的必备环节,也是马克思成就自己的社会学思想和政治学理论的决定性因素。如果说早期对黑格尔国家观和法哲学的批判只是为了确立自己的哲学立场,并为后续的社会批判寻求到可靠的哲学基地,那么,马克思在1845年之后的研究则展现出了他明显的政治目的和诉求。只有通过对马克思国家观的哲学基础、国家的形成和发展阶段、国家的本质及国家消亡的过渡性分析,才能揭示出马克思关于国家问题的核心思想,从而展现出对现代国家治理的重大意义。     

Correlates of law enforcement suicide in the United States: a comparison with Army and Firefighter suicides using data from the National Violent Death Reporting System

Law Enforcement (LE) officers are considered to be at elevated risk of suicide. This study explored variables associated with LE suicide and the extent they differentiated LE suicides from those within similar occupations considered at risk – Army and Firefighters. Using a public health database of violent deaths, the US National Violent Death Reporting System (NVDRS), the prevalence of and association between seven suicide variables (treatment for a mental health condition, Post Traumatic Stress disorder diagnosis, alcohol and substance abuse, job problems, intimate partner problems) and suicide within LE, Army and Firefighters was computed. Method of suicide and demographic characteristics were also identified. All of the suicide variables were associated with suicide in the three occupation groups. LE suicides were differentiated from Army and Firefighter suicides by being more strongly associated with job problems and suicide by females was more common. Implications for suicide prevention strategies within LE are discussed.     

Research on the judicial review and variation of sentence for the death penalty with a suspension of execution in Chinese criminal law

The imposition of a death penalty with a suspension of execution (DPSE) for two years, and the procedure for judicial review of the DPSE both demonstrate the Chinese policies of “reduction in use of the death penalty,” “cautious application of the death penalty,” and “tempering justice with mercy.” In recent years, the number of cases in which the defendant was sentenced to death and immediately executed has declined, whereas the number of cases in which a DPSE sentence was given has increased. In China, judicial theory and practice generally emphasize the importance of the judicial review procedure in cases where the sentence is a death penalty with immediate execution. However, less attention has been paid to the procedures for review and variation of sentence in DPSE cases. Judicial review for DPSE sometimes exists in name only, and is sometimes overlooked altogether, which is inappropriate for a penalty of this severity. There are also serious shortcomings in the laws regulating the review procedure for the DPSE, which lack provisions specifying the consequences for serious violations of due process during trial, nor do they completely reflect the principle of in dubio pro reo. In the procedure for variation of the DPSE sentence, the relevant laws do not adequately uphold the defendant’s right to a defense or participation in the process. There are also difficulties regarding the time limits on ruling on a commutation of sentence. In order to make the procedure more reliable and guarantee the substantive rights of defendants sentenced to the DPSE, the relevant laws require a number of modifications and improvements.