诉权理论的批判与重构

诉权究竟是什么?本文从批判现有几大诉权学说的共同缺陷出发,通过考察诉权与法律的关系、诉权与审判权的关系和诉权的存在形式,提出诉权的人权权源论、诉权的利益保障价值论和诉权的运动状态论,力图从全新的视角探求诉权的本源。     

THE BENEFITS AND RISKS OF CHILD CUSTODY EVALUATORS MAKING RECOMMENDATIONS TO THE COURT:

In their article, Tippins and Wittmann articulate a strong position against custody evaluators making specific custody recommendations to the court. This response will focus on my thoughts about their concepts and my belief that recommendations can be useful and appropriate some of the time, even though there may be significant problems with certain types of recommendations and problems with some evaluators.     

Quantitative analysis of chlorpromazine by electron spin resonance (ESR) spectroscopy

A simple and sensitive method is described for quantitative analysis of chlorpromazine in blood, serum, urine and tissue homogenate. The chlorpromazine cation radical produced by adding perchloric acid and 2,3-dichloro-5,6-dicyano-p-benzoquinone to the sample can be detected by the ESR method at room temperature. The sensitivity limit is 10 ng, that is, 20 μl of the solution containing 0.5 μg chlorpromazine/ml. The time needed for the measurement is within 10 min. The chlorpromazine radical thus produced is very stable; for example, 95% of the radical was observed after 24 h. The advantage of this method is discussed by comparing with the ordinary spectrophotometry which requires the purification of the sample.     

The judicial role in life-sustaining medical treatment decisions.

Although there has been speculation regarding the pervasiveness and nature of judicial decisions regarding life-sustaining medical treatment (LSMT), no attempt has been made to empirically assess their prevalence or the issues they address. An exploratory study utilizing a mail survey of a nationwide random sample (N = 905) of state trial court judges was conducted to provide initial information regarding this decision-making process. Twenty-two percent of the responding judges had heard at least one LSMT case, and judicial review did not appear endemic to particular states. The number of judges hearing LSMT cases dropped from 1975 to 1981 but has increased since then. Three major issues predominate: patient competency, appointment of a surrogate decisionmaker, and resolution of the ultimate issue of forgoing LSMT. Relatively few cases either contested a prior directive's validity or involved imposing sanctions for instituting or forgoing LSMT. Although subject to different interpretations, the results suggest the courts are having a significant impact on certain aspects of the LSMT decision-making process. However, the infrequency with which any one judge is called upon to make an LSMT decision causes concern about the judiciary's ability to respond in a timely and appropriate manner. With their potential for a profound effect on the actions of health care providers, greater attention to this decision-making process is warranted.     

Poppy seed ingestion as a contributing factor to opiate-positive urinalysis results: the Pacific perspective.

The possible contribution of poppy seed foods to positive opiate urinalysis results, especially from foods available in the Pacific Rim area, has recently become an issue for the U.S. Army Forensic Toxicology Drug Testing Laboratory in Hawaii. To assess the likelihood of this possible contribution, seven different poppy seed food products were consumed by male and female volunteers, and urine specimens were collected at time increments up to either 24 or 72 h. Specimens were evaluated for opiates using Roche Abuscreen radioimmunoassay (RIA), and all RIA positive specimens were analyzed for morphine and codeine using gas chromatography/mass spectrometry (GC-MS). Poppy seed cake, bagels, muffins, and rolls did not contain sufficient quantities of poppy seeds to give rise to opiate positive specimens by U.S. Department of Defense (DOD) GC-MS cutoff levels (morphine = 4000 ng/mL, codeine = 2000 ng/mL), although a number of specimens were positive by National Institute on Drug Abuse (NIDA) cutoff levels (morphine and codeine = 300 ng/mL). However, ingestion of poppy seed streusel or Danish pastry led to confirmed morphine and codeine positive specimens, irrespective of the use of DOD or NIDA confirmation cutoff values. In addition, significant amounts of codeine were observed in a number of these specimens. These findings argue against the unqualified application of previously published quantitative guidelines for eliminating poppy seed ingestion as a possible cause for a positive opiate urinalysis result.     

千年发展目标与减贫政策在中国和尼日利亚的作用

本文是2006年5月25日在香港大学召开的"中非人力资源开发与合作"学术研讨会的系列论文之一。作者基于贫困的持续性与其各构成要素的相互关联性这一机理,运用比较研究方法,测度和评析尼日利亚与中国的减贫政策及其实施效应,反映了国际学术界对减贫问题的研究动态。诚然,本文仅代表作者的观点。     

从霸权经济到国际经济机制——全球化背景下超国家干预经济模式的理性选择

全球化背景下,世界各国面临超国家干预经济的客观现实。超国家干预经济有霸权干预经济和国际经济机制干预两种模式。前者是传统的超国家干预模式,曾经促进过国际经济秩序的稳定和发展,但在理论和实践中均存在诸多弊端,如今已不符合国际经济发展的需要,逐渐为国际社会所抛弃;后者作为新的超国家干预经济手段,符合经济全球化发展的趋势,已被国际社会所广泛认同和接纳,理应作为未来超国家干预经济的模式。但国际经济机制干预模式仍存在诸多缺陷,应当完善其多元化设计,并推进其实现从自由化到社会化的转型,最终建立和谐世界经济环境。     

犹太极端组织及活动特点

纵观巴勒斯坦问题的发展历史，无论是在阿以冲突还是巴以谈判过程中，犹太极端主义与伊斯兰激进势力如同一对“孪生兄弟”，在相似的、带有宗教色彩的狂热理念驱使下，通过相似的极端手段激化阿以矛盾，阻挠阿以和平进程。犹太极端主义分子打着“上帝的旗号”，通过对犹太教教义作极端、片面、歪曲的解释，