论脑死亡标准中的法律问题

随着医学科学的迅速发展 ,传统的死亡标准已不能适应现实的需要 ,更阻碍了有关医学的进一步发展。有学者提出脑死亡概念 ,国外也有相关立法 ,我国脑死亡立法也已进入实质性程序。本文对脑死亡的概念、意义、标准及国外的规定作了初步的阐述 ,并对我国的立法提出建议。     

城乡一体化发展地区治安防控网络建设的实践与思考

城乡一体化发展地区开发建设力度大,可供犯罪空间扩展,刑事发案增速快;管辖地域广阔,警力配置不足,基础工作薄弱;人财物流量大、流速快,刑事案件防控点多面广线长;发展格局尚未完全定型,管理机制相对滞后。对此,一要突出重点,强化专防,布建科学合理的区域防控卡点网络;二要因地制宜,强化群防,构架运行有序高效的群防群治网络;三要加大投入,强化技防,建设科技型社会面治安防控网络;四要夯实基础,强化管控,构建严密的基础工作防控网络。同时,必须依靠党政重视,部门协力;必须立足职能,以打促防;必须落实责任,强化考核;必须与时俱进,不断完善;必须加强宣传,强化自防。     

Expanded School Mental Health: Challenges and Opportunities in an Emerging Field

Reviews the need for and development of expanded school mental health (ESMH) programs, which provide a continuum of mental health promotion and intervention through school–community partnerships. Since ESMH is a relatively new, but increasingly prominent field, countless issues are being addressed in practice and research and in efforts to bridge practice and research. We review particular content and context dimensions of ESMH in need of development including quality assessment and improvement, empirically supported practice, improving assessment and outcome evaluation, involving educators in the work, understanding school environments, and tailoring programs through qualitative research. Summaries of articles that amplify these themes are provided.     

Sport,Gender and Ethnicity: Practises of Symbolic Inclusion/Exclusion

In this paper symbolic inclusion/exclusion processes in sport with respect to gender and ethnicity among adolescents (n = 1025) are analyzed from a social-critical perspective. It was found that sport participation preferences of young people are still influenced by dominant normative gendered and racial/ethnic images. Sport can serve not only as an agent of integration among youth, but is also used to differentiate and discriminate. On one hand sport participation is less predictable with respect to gender, due for example to interactions with ethnicity. Although ethnic minority girls participate the least in sport, ‘black,’ traditional ‘masculine‘ sports such as soccer and fighting/self-defense are valued relative highly. On the other hand, the data show that especially the male adolescents symbolically exclude girls from ‘masculine’ sports such as soccer; in addition for both ethnic minority and majority boys the fear of being labelled as a ‘sissy’ works as a strong mechanism of self-exclusion from participation in traditional ‘feminine’ sports. However, stereotypical normative images are not only confirmed through sport (participation), but also continually challenged.Researcher/lecturer, Tilburg University. Research interest in inclusionary and exclusionary mechanisms in sport, especially with respect to gender, ethnicity and sexuality.Senior researcher, Utrecht University. Major research interest in gender, ethnicity and leadership positions in sport.     

The Structure and Stability of Externalizing and Internalizing Problem Behavior During Early Adolescence

The first aim of this study was to examine the structure of externalizing and internalizing problem behavior during early adolescence. Our second aim was to determine the stability of these problems for boys and for girls over time. A total of 650, 13–14-year-olds filled out (an expanded version of) the Youth Self-Report [YSR; Manual for the Youth Self-Report and 1991 Profile. Department of Psychiatry, University of Vermont, Burlington] 2 times with a 1-year interval. By using confirmatory factor analyses (CFA) to test a series of competing models, a hierarchical model provided the best representation of the structure of problem behavior at both Time 1 and Time 2: externalizing and internalizing problem behavior represent distinct aspects but the model also demonstrates the existence of comorbidity at a higher level. This model appeared to be stable over time for both boys and girls. The relative stability of problem behavior was found to be high for boys and girls. Absolute stability for both externalizing and internalizing problems appeared to be higher for boys scoring in the lower range of problem behavior. Senior Researcher, Utrecht University, The Netherlands. Received PhD in social sciences, University of Amsterdam. Major research interests include problem behavior, family relations, and peer relations during adolescence. Full Professor, Utrecht University, The Netherlands. Received PhD in social sciences: child and family studies, from University of Nijmegen. Major research interests include adolescent social development, problem behavior, and family relations during adolescence. Assistant Professor, University of Amsterdam, The Netherlands. Received PhD in psychology, University of Amsterdam. Major research interests include family influence on childhood illness and problem behavior.     

Evidence of Atrocities or Atrocious Use of Evidence: The Controversial Use of Atrocity Film at Nuremberg

This article focuses upon the utilisation of film evidence in criminal proceedings. It describes and evaluates the historical deployment of this type of material at War Crimes Trials, with particular emphasis upon the International Military Tribunal established at Nuremberg, in 1945, in the wake of the Second World War. During this Trial, the prosecution placed reliance upon the film, Nazi Concentration Camps, depicting with graphic realism the horrific barbarism of the Nazi regime. However, this was only made possible by the implementation of innovatory evidential procedures, effectively circumventing the hearsay rule. A comparison is drawn between this, and the current position in England and Wales, following the recent relaxation of the traditional embargo upon hearsay evidence. However, film evidence of the type adduced at Nuremberg may be more prejudicial than probative and should such circumstances arise, the interests of justice may not truly be served. Susan Twist is Senior Lecturer in Law at the Lancashire Law School, University of Central Lancashire. smtwist@uclan.ac.uk. The author was assisted in research for this article by the dissertation of Kellie Goggins.     

Family Representative Payeeship and Violence Risk in Severe Mental Illness

Although representative payeeship is prevalent among people with mental illness and shows promise to positively influence clinically relevant outcomes, research also suggests this legal mechanism could be implemented in ways that are problematic. The current study examined whether family representative payeeship was associated with elevated risk of family violence perpetrated by persons with severe mental illness (SMI). Data were collected every 4 months for 1 year in structured interviews with N = 245 persons with SMI who received disability benefits. Multivariate analyses showed that substance abuse, history of violence, frequency of family contact, and family representative payeeship were associated with elevated odds of family violence. Analyses also showed family contact and family representative payeeship had a cumulative effect on increasing the predicted probability of family violence (controlling for covariates such as violence history and substance abuse). The data shed light on the potential for family representative payeeship to be associated with increased risk of interpersonal conflict and violence in SMI.     

Conduct and its Consequences: Attempts at Debiasing Jury Judgments

Jurors in negligence cases are supposed to judge a defendant by the reasonableness of his or her conduct and not by the consequences of that conduct. But several studies have shown that a cognitive heuristic known as hindsight bias can skew post hoc judgments of some prior behavior. Thus, jurors who must evaluate the actions of a defendant may be influenced inappropriately by the consequences of those actions. A complementary problem arises when jurors must evaluate the injuries incurred by the plaintiff. Here, jurors' knowledge about the defendant's allegedly negligent conduct can proactively influence their assessment of the plaintiff's injuries and determination of damages. The purpose of the present study was to examine the effectiveness of two procedural techniques intended to reduce or eliminate the impact of hindsight bias in negligence cases—multiple admonitions from a judge about the proper use of evidence—and bifurcation (actually withholding irrelevant evidence from jurors). We presented a re-enacted automobile negligence trial to 355 jury-eligible adults drawn from the community, varied the evidence and instructions that they heard, and measured liability judgments and damage awards from individual jurors both before and after deliberating, and from juries. Results showed that admonitions were generally ineffective in guiding jurors to the proper use of evidence but that bifurcation was relatively more effective. Deliberations had no curative effect on jurors' misapplication of evidence.     

TRICARE; sub-acute care program; uniform skilled nursing facility benefit; home health care benefit; adopting Medicare payment methods for skilled nursing facilities and home health care providers. Final rule

This rule partially implements the TRICARE "sub-acute and long-term care program reform" enacted by Congress in the National Defense Authorization Act for Fiscal Year 2002, specifically: Establishment of "an effective, efficient, and integrated sub-acute care benefits program," with skilled nursing facility (SNF) and home health care benefits modeled after those of the Medicare program; adoption of Medicare payment methods for skilled nursing facility, home health care, and certain other institutional health care providers; adoption of Medicare rules on balance billing of beneficiaries, prohibiting it by institutional providers and limiting it by non-institutional providers; and change in the statutory exclusion of coverage for custodial and domiciliary care.