医患关系与消费者-经营者关系:揭开争论的面纱

本文针对争论多年的医患关系是否是消费者-经营者关系的问题,以现行法为依据展开讨论。文章首先讨论了"医患关系"和"消费者-经营者关系"的法律含义,以确定这两个范畴间是否存在交集;接着列举并系统地辨析了持肯定观点者和持否定观点者各自的论据。之后,文章探讨了若患者是消费者,将会对患者的权利和医疗机构的义务和法律责任造成的影响;最后从法律政策的角度分析法律是否应当认可患者的消费者地位。     

论医疗纠纷的代替性解决机制

由于在纠纷解决方面所表现出来的简便、经济、快捷、专业性及保密性强等优点 ,代替性纠纷解决机制———ADR(Alternativedisputeresolution )逐渐成为许多国家和地区解决民事纠纷的一大趋势。我国现行医疗纠纷解决机制仍存在着一些问题 ,有待于进一步的改革与完善。根据我国所面临的实际情况 ,将SDR引入医疗纠纷领域是一条快速、有效地解决医疗纠纷的途径。医疗纠纷的代替性解决机制主要包括仲裁、调解以及和解。这三种纠纷解决方式各具特点 ,适用于不同情况下医疗纠纷的解决。     

Virtopsy hemorrhage of the posterior cricoarytenoid muscle by blunt force to the neck in postmortem multislice computed tomography and magnetic resonance imaging

In forensic autopsies, one of the most important and common signs of violence to the neck is hemorrhages of the soft tissues. The Institute of Forensic Medicine in Bern evaluates the usefulness of postmortem multislice computed tomography (MSCT) and magnetic resonance imaging (MRI) of forensic cases prior to autopsy. The aim of this study was to prove the sensitivity of postmortem MSCT and MRI in the detection of hemorrhages of the neck muscles. A full body scan prior to and a detailed scan of the explanted larynx after autopsy were performed. MSCT detected multiple fractures of the larynx. Detailed MRI was able to demonstrate the hemorrhage of the left posterior cricoarytenoid muscle. The minor hemorrhage of the right posterior cricoarytenoid muscle could not be detected with certainty. Although more experience is required, we conclude that combined MRI and MSCT examination is a useful tool for documentation and examination of neck muscle hemorrhages in forensic cases.     

A study of DNA transfers onto plastic packets placed in personal bags

The ability to detect low level DNA brings with it the uncertainty of whether the detected DNA is a result of transfer. To address this uncertainty, a simulation study was conducted in which a mock illicit drug packet was placed into the personal bags of individuals. When the average transit time of the packets was increased from around 2 h to more than 14 h, the percentage of the DNA profiles recovered from the packets which could be attributed to the individuals increased greatly from 5.3% to 48.6%. We found that drug packers who were poor shedders could not be included as contributors to the DNA profiles from the drug packets at all and there was a higher chance that individuals other than themselves could be included as contributors to the DNA profile recovered from drug packets. We also found that it was equally likely that the drug packers who had direct contact with the drug packets and bag owners who did not, could be included as contributors to the DNA profiles recovered from the packets. The results in this study highlight the importance of taking into consideration the transit time of drug packet, the shedder status of the alleged packer and the history of an item, when evaluating DNA evidence in the context of illicit drug activities.     

DEVELOPING LANGUAGE ACCURACY WITH ESP （LEGAL ENGLISH） COURSES TAUGHT IN NON- NATIVE SPEAKING ENVIRONMENTS

The article deals with the issue of linguistic accuracy in the broader context of teaching legal English. The development of any legal English syllabus should rely on the careful balancing of legal and linguistic emphases at every step and in every aspect of the course--from the preparatory stage of selecting learning materials to the final stages of language output. The commitment to this sort of balance is illustrated by means of accuracy-sensitive examples from the Anglo-American court practice and serves as the foundation in the development of in-class tasks and activities. Language instructors are to consistently guide the learners＇ progresses by providing the appropriate forms of activities and constant feedback. Teaching legal English in non-native speaking environment demands more attention to cultural issues. Defining all the elements of the course against learners＇ cultural background can facilitate the acquisition of legal and linguistic skills and prepare them for future encounters with other legal systems.     

治理河流污染的制度激励悖论分析

为了治理日益加剧的河流污染,从中央到地方都相应出台了各种激励措施,但是这些措施并未起到显著效果,却形成了制度激励悖论。排污企业与地方政府在经历了新政策出台初的短暂扰动后,恢复原有均衡。要打破这一均衡,必须改变博弈各方的收益结构、可选策略集以及信息结构等,才有望建立符合科学发展观的最优均衡。