美国网络色情刑事处罚的宪法审查——雷诺案的经验与启示

网络言论自由保护与淫秽色情规制,是现代社会的重大课题和法律难题。美国1997年的雷诺案,是美国联邦最高法院针对国会立法基于青少年保护立场对网络色情进行刑事处罚的合宪性问题所做的第一个判决。该案不仅回答了色情言论刑事处罚的合宪性问题,更是全面呈现了网络言论自由保护与限制、色情言论刑事处罚、刑罚规定的合宪性等一系列问题,也为我国当前的网络色情规制提供了经验与启示。     

刑事附带民事诉讼精神损害赔偿制度之思考

为了切实保障被害人的合法权益,以刑代赔,仅仅给予公法的保护是远远不够的,精神损害赔偿制度已纳入了我国民事法律的调整范围。为了协调法律体系内部的矛盾,也使被害人的利益得到最好的保护,应尽快建立起刑事附带民事诉讼精神损害赔偿制度。     

人民检察院司法警察职责权限规范化研究

时代的进步对人民检察院司法警察以国家强制力保障检察活动顺利开展的警务保障职能提出更高要求。本文通过思考与分析具体执法层面显现的几点问题,借鉴国外司法警察较为先进的职责权限制度体系,围绕人民检察院工作任务发展的变化,结合执法创新的经验成果,对规范司法警察职责权限提出建议。     

Orthopedic devices; reclassification of the intervertebral body fusion device. Final rule

The Food and Drug Administration (FDA) is reclassifying intervertebral body fusion devices that contain bone grafting material, from class III (premarket approval) into class II (special controls), and retain those that contain any therapeutic biologic (e.g., bone morphogenic protein) in class III. Elsewhere in this issue of the Federal Register, FDA is announcing the availability of a guidance document that will serve as the special control for this device. This reclassification is based upon on the recommendation of the Orthopaedic and Rehabilitation Devices Panel (the Panel).     

Over-the-counter vaginal contraceptive and spermicide drug products containing nonoxynol 9; required labeling. Final rule

The Food and Drug Administration (FDA) is issuing a final rule establishing new warning statements and other labeling information for all over-the-counter (OTC) vaginal contraceptive drug products (also known as spermicides, hereinafter referred to as vaginal contraceptives or vaginal contraceptives/spermicides) containing nonoxynol 9 (N9). These warning statements will advise consumers that vaginal contraceptives/spermicides containing N9 do not protect against infection from the human immunodeficiency virus (HIV), the virus that causes acquired immunodeficiency syndrome (AIDS), or against getting other sexually transmitted diseases (STDs). The warnings and labeling information will also advise consumers that use of vaginal contraceptives and spermicides containing N9 can irritate the vagina and rectum and may increase the risk of getting the AIDS virus (HIV) from an infected partner. This final rule is part of FDA's ongoing review of OTC drug products. FDA is issuing this final rule after considering public comments on its proposed regulation, and all relevant data and information on N9 that have come to our attention.     

Amendment to the current good manufacturing practice regulations for finished pharmaceuticals. Direct final rule

The Food and Drug Administration (FDA) is amending certain regulations as the first phase of an incremental approach to modifying the current good manufacturing practice (CGMP) regulations for finished pharmaceuticals. We are amending the regulations to modernize or clarify some of the CGMP requirements, as well as harmonize some of the CGMP requirements with those of other foreign regulators and other FDA regulations. These amendments are also consistent with current industry practice. We are taking this action as part of our continuing effort to revise outdated regulations without diminishing public health protection. We are issuing a direct final rule for this action because FDA expects there will be no significant adverse comments on these amendments. Elsewhere in this issue of the Federal Register, we are publishing a companion proposed rule, under our usual notice-and-comment rulemaking procedures, to provide a procedural framework to finalize the rule in the event the agency receives any significant adverse comments and withdraws this direct final rule. The companion proposed rule and direct final rule are substantively identical.     

浙中城市群:发展不平衡与协调战略

文章从分析浙中城市群的时间演化和空间特征着手,计算出城市流强度和倾向度两个指标,依据计算结果分析了浙中城市群的城市流强度、城市流结构及内在功能联系,并对浙中城市群区域内的8个城市发展方向和产业定位提出了建议.最后,针对浙中城市群的目前现状提出政策响应,即加强浙中城市群的一体化建设、"聚合主轴线"式功能定位和提升城市群的外向度.     

对"80后"一代角色偏差问题的体认与反思

"80后"是特殊时代造就的一群人.改革浪潮的冲击、计划体制的解构、多元文化的勃兴……由此,代际纽带的松弛、角色偏差问题的出现就在所难免.如何看待他们的偏差行为?本文试从"80后"偏差行为的考察、原因剖析和由社会对偏差行为的评论引发的反思三个方面进行深入探讨.     

National vaccine injury compensation program: calculation of average cost of a health insurance policy. Final rule

Subtitle 2 of Title XXI of the Public Health Service Act, as enacted by the National Childhood Vaccine Injury Act of 1986, as amended (the Act), governs the National Vaccine Injury Compensation Program (VICP). The VICP, administered by the Secretary of Health and Human Services (the Secretary), provides that a proceeding for compensation for a vaccine-related injury or death shall be initiated by service upon the Secretary, and the filing of a petition with the United States Court of Federal Claims (the Court). In some cases, the injured individual may receive compensation for future lost earnings, less appropriate taxes and the "average cost of a health insurance policy, as determined by the Secretary." The final rule establishes the new method of calculating the average cost of a health insurance policy and determines the amount of the average cost of a health insurance policy to be deducted from the compensation award.     

Medical devices; hematology and pathology devices; classification of cord blood processing system and storage container. Final rule

The Food and Drug Administration (FDA) is classifying a cord blood processing system and storage container into class II (special controls). The special control that will apply to this device is the guidance document entitled "Class II Special Controls Guidance Document: Cord Blood Processing System and Storage Container." FDA is classifying this device into class II (special controls) in order to provide a reasonable assurance of safety and effectiveness of this device. Elsewhere in this issue of the Federal Register, FDA is announcing the availability of the guidance document that will serve as the special control for this device.