Liberty: human rights and mental health

In this paper, Lord Phillips reflects on the present state of the law relating to mental health; he considers the place of the common law doctrine of necessity as the basis for the detention of patients; he reviews a number of issues arising from the jurisprudence of the European Court of Human Rights in Strasbourg and a number of recent decisions of the Court of Appeal. Finally, he considers the prospects for change in the law foreshadowed in the Government's White Paper on the Reform of Mental Health Law (2000).     

'三个代表'理论是中国化马克思主义发展的新阶段

"三个代表"的理论是我们党顺应当前中国社会发展的新要求,在马克思主义中国化进程中实现的又一次理论创新,是中国化马克思主义的第三大理论形态.这个理论把我们党的过去、现在、将来贯通起来;把马列主义、毛泽东思想、邓小平理论贯通起来;把共产党员在新的历史时期必须具备的政治理论素养、科学文化水平和道德要求贯通起来,开辟了中国化马克思主义理论的新境界,对我们在新的历史时期如何坚持实事求是的思想路线,如何建设中国特色社会主义,如何把党建设好作出了符合时代要求的科学回答.     

评人体器官与组织捐赠无偿性原则——兼对器官与组织捐赠有偿化改革的设想

人体器官、组织捐赠无偿性原则是联合国反复重申并被各国立法严格贯彻的医疗及法律准则 ,但该原则亦有贯彻“过度”的问题。而这一问题的解决有赖于对器官、组织捐赠有偿化及其限度的探讨。     

加入WTO与上海公安人才战略

上海公安工作的发展战略要建立在“人才强警”战略的基础上。通过实施“人才强警”战略,为探索具有中国特色、时代特征、上海特点的公安工作发展新路,为实现“率先建设高素质的公安队伍、率先建立现代警务机制、率先走上科教强警之路”的战略目标提供保障,以适应加入WTO以后上海公安工作发展的需要。     

Performance of functions; claims for compensation under the Energy Employees Occupational Illness Compensation Program Act. Interim final rule; request for comments

This document contains the interim final regulations governing the administration of the Energy Employees Occupational Illness Compensation Program Act of 2000, as amended (EEOICPA or Act) by the Department of Labor (Department or DOL). Part B of the Act provides uniform lump-sum payments and medical benefits to covered employees and, where applicable, to survivors of such employees, of the Department of Energy (DOE), its predecessor agencies and certain of its vendors, contractors and subcontractors. Part B of the Act also provides smaller uniform lump-sum payments and medical benefits to individuals found eligible by the Department of Justice (DOJ) for benefits under section 5 of the Radiation Exposure Compensation Act (RECA) and, where applicable, to their survivors. Part E of the Act provides variable lump-sum payments (based on a worker's permanent impairment and/or years of established wage-loss) and medical benefits for covered DOE contractor employees and, where applicable, provides variable lump-sum payments to survivors of such employees (based on a worker's death due to a covered illness and any years of established wage-loss). Part E of the Act also provides these same payments and benefits to uranium miners, millers and ore transporters covered by section 5 of the RECA and, where applicable, to survivors of such employees. The Office of Workers' Compensation Programs (OWCP) administers the adjudication of claims and the payment of benefits under EEOICPA, with the Department of Health and Human Services (HHS) estimating the amounts of radiation received by employees alleged to have sustained cancer as a result of such exposure and establishing guidelines to be followed by OWCP in determining whether such cancers are at least as likely as not related to employment. Both DOE and DOJ are responsible for notifying potential claimants and for submitting evidence necessary for OWCP's adjudication of claims under EEOICPA.     

HIPAA administrative simplification: standards for electronic health care claims attachments. Proposed rule

This rule proposes standards for electronically requesting and supplying particular types of additional health care information in the form of an electronic attachment to support submitted health care claims data. It would implement some of the requirements of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996.     

TRICARE; changes included in the National Defense Authorization Act for fiscal year 2005; TRICARE Dental Program. Interim final rule

The Department is publishing this interim final rule to implement sections 711 and 715 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (NDAA-05), Public Law 108-375. Specifically, that legislation makes young dependents of deceased Service members eligible for enrollment in the TRICARE Dental Program when the child was not previously enrolled because of age, and authorizes post-graduate dental residents in a dental treatment facility of the uniformed services under a graduate dental education program accredited by the American Dental Association to provide dental treatment to dependents who are 12 years of age or younger and who are covered by a dental plan established under 10 U.S.C. 1076a. This rule also corrects certain references in 32 CFR 199.13. The rule is being published as an interim final rule with comment period in order to comply with statutory effective dates. Public comments are invited and will be considered for possible revisions to the final rule.     

“存疑不起诉”案件的刑事赔偿问题探讨

纯正的"存疑不起诉"案件应贯彻"疑罪从无"的精神,以赔偿为原则.但在司法实践中,应注意对非纯正"存疑不起诉"案件的分析,区分具体案件情况."存疑不起诉"并非一定是错捕.防止"存疑不起诉"案件进入刑事赔偿程序有两种途径可供借鉴.     

Position paper on fatal abusive head injuries in infants and young children

This article represents the work of the National Association of Medical Examiners Ad Hoc Committee on shaken baby syndrome. Abusive head injuries include injuries caused by shaking as well as impact to the head, either by directly striking the head or by causing the head to strike another object or surface. Because of anatomic and developmental differences in the brain and skull of the young child, the mechanisms and types of injuries that affect the head differ from those that affect the older child or adult. The mechanism of injury produced by inflicted head injuries in these children is most often rotational movement of the brain within the cranial cavity. Rotational movement of the brain damages the nervous system by creating shearing forces, which cause diffuse axonal injury with disruption of axons and tearing of bridging veins, which causes subdural and subarachnoid hemorrhages, and is very commonly associated with retinal schisis and hemorrhages. Recognition of this mechanism of injury may be helpful in severe acute rotational brain injuries because it facilitates understanding of such clinical features as the decrease in the level of consciousness and respiratory distress seen in these injured children. The pathologic findings of subdural hemorrhage, subarachnoid hemorrhage, and retinal hemorrhages are offered as "markers" to assist in the recognition of the presence of shearing brain injury in young children.